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HomeMy WebLinkAboutContract 58606City Secretary Contract No.58606 FORT WORTH, 4'� NON-EXCLUSIVE VENDOR SERVICES AGREEMENT WTR, Inc. 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 WTR, Inc. ("Vendor" or "Contractor"), a Texas Corporation and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, through ITB No. 22-0028, the City solicited bids with the intent to award non- exclusive services agreements to multiple bidders to provide auto body collision repairs and services for the Property Management Department for an aggregate amount of up to $1,374,000 per year for contracts awarded to selected bidders; and WHEREAS, only one vendor submitted a bid under ITB No. 22-0028 and was awarded a contract to provide auto body collision repairs and services for the City of Fort Worth Property Management Department; and WHEREAS, because the City needed additional vendors to provide auto body collision repairs and services, the City solicited bids under ITB 22-0186 to award non-exclusive services agreements to multiple bidders to provide additional auto body collision repairs and services for City of Fort Worth Property Management for an aggregate amount of up to $1,374,000 per year for contracts awarded to selected bidders; and WHEREAS, Vendor submitted a bid under ITB No. 22-0186 and was one of the vendors selected to provide auto body collision repairs and services for the City of Fort Worth Property Management Department; and WHEREAS, the Vendor understands and agrees that the City will award non-exclusive service agreements to multiple bidders for auto body collision repairs and services and that annual compensation amount of $1,374,000 is a not to exceed amount and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this agreement; and WHEREAS, City and Vendor wish to set out terms of Vendor's non-exclusive services agreement. NOW, THEREFORE, the parties, acting herein by and through their duly authorized representatives, enter into the following agreement. AGREEMENT DOCUMENTS: OFFICIAL RECORD The Agreement documents shall include the following: CITY SECRETARY FT. WORTH, TX 1. This Non -Exclusive Vendor Services Agreement; Non -Exclusive Vendor Services Agreement WTR, Inc. Page 1 of 17 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — City's ITB No. 22-0186; 5. Exhibit D — Vendor Bid Response to City's ITB No. 22-0186; 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. Scope of Services. 1.1 Vendor agrees to provide to the City auto body collision repairs and services ("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 auto body collision repairs and services, on an as needed basis, as outlined in City of Fort Worth Bid Solicitation (ITB No.22-0186), which is attached hereto as Exhibit C, and incorporated herein for all purposes. Vendor further understands that the aggregate amount under ITB No. 22-0186 shall be an amount not to exceed $ 1,374,000 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 22-0186 ("Vendor's Response") is attached hereto as Exhibit D, and incorporated herein for all purposes. 2. Term. This Agreement shall commence upon the date signed by the Assistant City Manager below ("Effective Date") and shall expire no later than one year from the date signed ("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 options (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 compensation under this Agreement will not exceed One Million Three Hundred and Seventy - Four Thousand Dollars and No Cents ($1,374,000) per year. 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 total compensation stated above is an aggregate amount of all contracts awarded to multiple Vendors who may provide auto body collision and repair services to the City, and the City makes no promise or guarantee of the total amount of work that will be assigned to the 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". Non -Exclusive Vendor Services Agreement WTR, Inc. Page 2 of 17 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. Non -Exclusive Vendor Services Agreement WTR, Inc. Page 3 of 17 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 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, Vendor, 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. 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, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED 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 Non -Exclusive Vendor Services Agreement WTR, Inc. Page 4 of 17 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 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. 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: Non -Exclusive Vendor Services Agreement WTR, Inc. Page 5 of 17 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. (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. Non -Exclusive Vendor Services Agreement WTR, Inc. Page 6 of 17 (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other parry 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: WTR, Inc. Attn: Leslie Irvan Address: 3246 N. Interstate 35 E. Facsimile: N/A Non -Exclusive Vendor Services Agreement WTR, Inc. Page 7 of 17 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. Non -Exclusive Vendor Services Agreement WTR, Inc. Page 8 of 17 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Non -Exclusive Vendor Services Agreement WTR, Inc. Page 9 of 17 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 Bove tt 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 Non -Exclusive Vendor Services Agreement WTR, Inc. Page 10 of 17 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] Non -Exclusive Vendor Services Agreement WTR, Inc. Page 11 of 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Dana Burehdoff (Dec 16.20 11:21 CST Name: Dana Burghdoff Title: Assistant City Manager APPROVAL RECOMMENDED: By: Steve o ke (Dec 12, 202211:23 CST) Name: Steve Cooke Title: Director, Property Management Department p0. FO°°Rt4aa ATTEST: �XYA od °09do p �`o o A Pvo a=d * o000 0ooG.* a�� nEXA?4�O.O' 9a.��teh`2-S, C,a�a,� By: Jannette 5. Goodall (Dec 16, 202215:23 CST) Name: Jannette S. Goodall Title: City Secretary VENDOR: WTR, Inc. Leslie Ir✓an By: Ledr rcT) Name: Leslie Irvan Title: General Manager 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. Ellana Gue✓ara on behalf of Alan shuror By: Eliana Guevara on behalf of Alan Shuror (Dec 11, 202216:51 CST) Name: Alan Shuror Title: Assistant Director, General Services Property Management Department APPROVED AS TO FORM AND LEGALITY: By: a Name: Title: Christopher Austria Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0840 Form 1295: 22-930501 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non -Exclusive Vendor Services Agreement WTR, Inc. Page 12 of 17 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES Scope of Services to follow. Non -Exclusive Vendor Services Agreement WTR, Inc. Page 13 of 17 SCOPE OF SERVICES/SPECIFICATIONS 1.0 CONTRACTOR RESPONSIBILTIES 1.1 Contractors will provide body work service and repairs to City -owned light or light or medium and heavy and heavy-duty vehicles and equipment. 1.2 Contractors agree, during the performance of the work, to comply with all applicable codes and ordinances of the appropriate local, state and/or federal laws as they may apply, as these laws may now read or as they may hereafter be changed or amended. 1.3 Contractors will obtain from the appropriate local, state and/or federal agencies the necessary permit(s), if any, required by the ordinances for the performance of the work. 1.4 Contractors will furnish for each facility that will perform services: insurance, permits, licenses, labor, personnel, service, supervision, management, reports, documentation, material, supplies, tools, equipment, towing, surcharges, transportation and all other cost associated with this contract necessary to provide the highest quality of vehicle auto body and collision repair services. 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. 1.4.1 Contractors will price paint and material at an hourly rate and will not exceed two-thirds of cost of the Hourly Labor Rate - Paint Labor. Miscellaneous expenses will be factored into paint and material costs. 1.4.2 Environmental fees (oil, transmission fluid, antifreeze, and tire disposal) will not exceed $50.00 per invoice. 1.5 Contractors will obtain City approval and authorization in writing to sublet any work. Contractors will submit a quote with the estimated costs of sublet work that must be performed. The City will pay for sublet items at Cost Plus (+) %, per the Contractors' bid submission. 1.6 Contractor will inspect all repairs to ensure they meet or exceed industry standards as defined by I -CAR, Automotive Service Excellence (ASE), and Original Equipment Manufacturer (OEM) recommended repair methods. Certification documentation for the technicians will be submitted with the proposal for review and evaluation criteria. Subcontractors will follow the same guidelines as specified in this ITB. 1.7 Contractor will be completely familiar with the specified requirements and methods needed for proper performance of this contract. 2.0 1.9 All persons used by the Contractor to perform the Services will be employees, agents or Subcontractors of the Contractor, and are subject to the direct supervision and control of the Contractor. 1.10 Contractor will maintain a credible work force daily to ensure progress of the job. 1.11 Contractors will have a minimum of five (5) consecutive years in the light or light or medium and heavy to heavy-duty equipment and vehicle body collision repair business as well as operating facility for the same timeframe. 1.12 Prospective Contractors will provide qualifications for each staff by role (structural, non-structural, refinish, electrical/mechanical) proposed to work under this contract. These qualifications may include I -CAR, ASE, OEM, and/or other certifications/qualifications. 1.13 Contractors' technicians of medium and heavy-duty repair will have experience and knowledge in the inter working of diesel drivetrains. INVENTORY OF ASSETS 2.1 Assets that may need auto body collision repair services, include, but are not limited to, the inventory listed below: Over One (1) Ton Up to 3,000 on -road and 1,600 off -road vehicles and equipment including, but not limited to, the: Types of Equipment Manufacturers Dump Trucks International Heavy -Duty Trailers Freightliner Bucket Trucks Kenworth Off Road Equipment Sterling Transfer Trucks John Deere Motor Homes Kubota Fuel Trucks Ford Water Tankers Container Trucks and other related tvoes of eauipment over 1 ton and other related manufacturers over 1 ton Under One (1) Ton Up to 3,000 on -road vehicles and equipment including trailers, but not limited to, the following manufacturers: Ford GM Dodge Nissan and other related manufacturers under 1 ton 3.0 REQUEST FOR SERVICE REQUIREMENTS 3.1 The City will issue a Purchase Order (PO) establishing the equipment number, location, schedule, and fee to be paid to the Vendors for each service request to be completed by Contractors. Contractors will perform the Services in accordance with each PO issued by the City. The City may issue an amended a PO to address any changes in the work to be performed after a PO has been issued. 3.2 Contractors will respond to written correspondence within 24 hours. 4.0 COLLISON REPAIR EQUIPMENT REQUIREMENTS 4.1 Frame System 4.1.1 Contractors will have an onsite anchoring industry recognized frame/structure multi post pulling post/frame repair machine. Machine will have the ability for multiple angle pulls. Frame machine is required to produce printable before and after measurements to certify straightening, repair, or replacement items are returned to manufacturer specifications (OEM) and pre -accident condition. Before and after measurement prints will be provided with the final invoice. 4.2 Alignment Machines 4.2.1 Contractors will provide access to alignments either by in -shop industry recognized equipment, or acceptable use of a subcontract Contractors for alignment service. Before and after alignment specifications are required to be printed before and after the measurement. This is to verify the vehicle is back to pre -accident condition and meets manufacture specifications (OEM). Copy of measurements are required to be sent with final invoice. 4.3 Air Conditioning Repair/Recharging Services 4.3.1 Contractors will have an air conditioning refrigerant recycling and charging system that meets all local, federal and state requirements. 4.4 Welding 4.4.1 Contractors will have appropriate welding equipment for body welding and utilize I -CAR or other industry standard certified welding procedures. Gas welding is not acceptable, no exceptions. 4.4.2 Contractors will have appropriate welding equipment to perform fabrication abilities on medium and heavy-duty equipment and vehicles. 4.4.3 Contractors will have appropriate equipment for aluminum welding. 4.4.4 Contractors will make sure the vehicle computer systems and airbag triggers are disconnected prior to any welding performed. 4.4.5 Contractors will be responsible for total replacement of the vehicles on- board computers and airbag components damaged due to negligence, by not disconnecting appropriate systems required by the manufacturer and associated repair process before performing welding. 4.5 COLLISON REPAIR EQUIPMENT REQUIREMENTS 4.6 Frame System 4.6.1 Contractors will have an onsite anchoring industry recognized frame/structure multi post pulling post/frame repair machine. Machine will have the ability for multiple angle pulls. Frame machine is required to produce printable before and after measurements to certify straightening, repair, or replacement items are returned to manufacturer specifications (OEM) and pre -accident condition. Before and after measurement prints will be provided with the final invoice. 4.7 Alignment Machines 4.7.1 Contractors will provide access to alignments either by in -shop industry recognized equipment, or acceptable use of a subcontract Contractors for alignment service. Before and after alignment specifications are required to be printed before and after the measurement. This is to verify the vehicle is back to pre -accident condition and meets manufacture specifications (OEM). Copy of measurements are required to be sent with final invoice. 4.8 Air Conditioning Repair/Recharging Services 4.8.1 Contractors will have an air conditioning refrigerant recycling and charging system that meets all local, federal and state requirements. 4.9 Welding 4.9.1 Contractors will have appropriate welding equipment for body welding and utilize I -CAR or other industry standard certified welding procedures. Gas welding is not acceptable, no exceptions. 4.9.2 Contractors will have appropriate welding equipment to perform fabrication abilities on medium and heavy-duty equipment and vehicles. 4.9.3 Contractors will have appropriate equipment for aluminum welding. 4.9.4 Contractors will make sure the vehicle computer systems and airbag triggers are disconnected prior to any welding performed. 4.9.5 Contractors will be responsible for total replacement of the vehicles on- board computers and airbag components damaged due to negligence, by not disconnecting appropriate systems required by the manufacturer and associated repair process before performing welding. 4.10 Vehicle Lifting System 4.5.1 Contractors will possess a fully functional industry standard equipment lifting system for damage inspections and repair purposes. 4.11 Headlight Aiming 4.11.1 Contractors will possess a fully functional headlight -aiming tool / system. Common methods used includes but not limited to: screen, electronic indicators, or float -type bubble system. 4.12 Paint Requirement 4.12.1 Contractors will have industry recognized heavy equipment "extended" sized paint booth system to allow for proper painting applications for trucks/vehicles. 4.12.2 Contractors will have on -site a complete paint mixing system for color matching requirements. Paint products and painting procedures will meet manufacturers (OEM) requirements for quality and warranty considerations. 4.13 Mechanical Requirement 4.13.1 Contractors will complete all mechanical services and repairs, including but not limited to: front and rear suspension, drive train components, air bags, anti -lock brakes, emission and other sensors, steering columns, lights, computer controls and associated wiring, engines, transmissions, final drives, extension slides, hydraulic components, steering motors, that require replacement as indicated on the original written estimate and/or supplement be completed by the awarded Contractors(s) or authorized subcontractor. 4.13.2 Contractors will return all vehicles to pre -accident condition and meet or exceed manufacturer specifications (OEM). 5.0 WARRANTY 5.1 The Contractor will provide a warranty to include at a minimum, but not limited to the following: 5.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 5.1.2 Upon notification by the authorized City personnel, Contractor agrees to repair or replace promptly, on a one -for -one basis without additional cost to the City of Fort Worth, any and all defective work and products. The Contractor Agrees to repair promptly any defective work and or products covered under written warranty in quote. 5.1.3 This warranty and all other warranties in this purchase will continue for a period of at least 90 days from date of acceptance of products and work by the City. 5.1.4 The Contractor will remedy at the Contractor's expense any non- conforming or defective products or work. In addition, the Contractor will remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 5.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 5.1.6 The City of Fort Worth will notify the Contractor, within a reasonable time after the discovery of any failure, defect, or damage. 5.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth will have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 5.1.8 This warranty will not include failures attributable to accident, fire, or negligence on the part of City personnel. 5.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor will: 5.2.1 Obtain all warranties that would be obtained in normal commercial practice. 5.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 5.3 The Contractor's warranty will include all third -party and other aftermarket components which are installed and or supplied by Contractor. 5.4 Contractors(s) will provide a written warranty as follows: 5.4.1 Auto Body & Collision Parts and Labor — (5) years from the completion of the repair. 5.4.2 Auto Body & Collision Paint — (5) years from the completion of the repair. 5.4.3 Mechanical & Electrical Parts and Labor -Minimum of one (1) year from the completion of repair. 5.4.4 The effective warranty date will be the date final acceptance of the repaired vehicle by City of Fort Worth. Warranty does not cover normal wear and tear items. 6.0 VEHICLE REPAIRS, INSTALLATION AND INSPECTION REQUIREMENTS 6.1 Collision Repairs: 6.1.1 Contractors will guarantee and demonstrate that all structural repairs performed meet or exceed manufacturer (OEM) and/or I -CAR repair specifications. 6.1.2 Contractors will utilize modern, well -maintained tools which meet manufacturer specified use or I -CAR specified use. 6.1.3 Contractors will be required to have all frame replacements approved in writing by PMD Acquisition and assigned PMD Fleet Director. 6.2 Glass Removal and Installation: 6.2.1 Contractors will use OEM or I -CAR defined glass removal and install procedures. Glass service is allowed by the repair facility or through subcontract glass Contractors. Glass urethanes will meet or exceed manufacturer specifications. Glass will also meet or exceed OEM safety and integrity. OEM or aftermarket glass which meets or exceeds OEM specifications will be acceptable. 6.3 Quality Control 6.3.1 All installations and fabrications will be subject to the City's quality control inspection process. All rework will be performed at no additional cost and in a timely fashion for the City. 6.4 Hidden Damage 6.4.1 During the course of repair, Contractors will contact the City's representative and/or City's independent appraiser for re -inspection and approval. If additional damages are found that were not included in the original estimate. 6.5 Completed Vehicle: 6.5.1 Contractors are required to contact the City of Fort Worth authorized inspector/appraiser or authorized City of Fort Worth representative for final inspection on completed vehicle(s) repairs prior to delivery back to the City of Fort Worth. The authorized representative will inspect the body repairs from the approved estimate and photographs. The invoice will match the approved estimate. 6.5.2 Contractors will have the invoice and all other documents associated with the repair signed by the authorized representative as a receipt of approval. If the work is unacceptable, Contractors are required to make corrections in the timeframe required by authorized representative at no additional cost to the City. 6.5.3 Contractors are responsible for the transport from their facility at no cost to the City of Fort Worth to the Fleet Service Center listed in Section 11.12 Rework or corrective repairs will be defined by the City of Fort Worth as a priority repair. 6.5.4 Contractors will be responsible for providing an appropriately licensed driver based on the GVW of the vehicle being returned. 6.5.5 Contractor will 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 will require written approval from the Fleet Service Center Supervisor(s) or their designee. 6.5.5 After hours will be considered from Friday at 9:31 pm through Monday at 6:59 am. 6.6 Appraisal Determination: 6.6.1 The City of Fort Worth reserves the right to determine final repair steps and methodology which meets or exceeds established industry standards. 6.7 Parts Requirement: 6.7.1 Contractors will follow the directions in the use of Original Manufacturer Equipment (OEM), aftermarket Certified Automotive Parts Association (CAPA certified), or recycled parts either from parts Contractors or City supplied for replacement or repair. For each repair, the Contractors(s) will provide an invoice listing OEM, CAPA certified aftermarket parts, recycled parts purchased or listed as received from the City of Fort Worth for the assigned vehicle. 6.7.2 Contractors will keep and provide a shown ability for acquiring recycled parts via part Contractors networks and contacts. 6.7.3 Contractors will keep all the old parts from the damaged vehicle(s) until an inspection from the City of Fort Worth representative and/or City independent appraiser has been completed and satisfied. Once final inspection is complete, the parts can be disposed of properly by Contractors following all local, state, and federal regulations. The City always reserves the right to acquire any part removed from the vehicle being repaired. The ability to recycle is always recommended by the City as appropriate. 6.8 All parts utilized on collision repairs, on City assets will be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts must be approved in writing by City PMD Fleet personnel prior to being utilized by a Contractors. 6.9 Contractors will utilize new OEM parts which meet or exceed OEM specifications. The City may allow aftermarket, used OEM, rebuilt for remanufactured, or OEM new. 6.10 Vehicle Turn -Around Timeframe: 6.10.1 Contractors, upon authorization to proceed and receipt of the vehicle, will have the respective vehicle repaired within the time frame denoted in the written appraisal estimation provided by City of Fort Worth representative or authorized City of Fort Worth representative (independent consultant/appraiser). Request for additional time will be approved by City of Fort Worth representative and/or authorized City of Fort Worth representative (independent consultant/appraiser). 6.10.2 City of Fort Worth reserves the right to secure services from a secondary Contractors if the awarded Contractors is unable to meet the City of Fort Worth required turn -around time for the repair/restoration services or if the Contractors has four (4) or more vehicles not completed after the specified time frame. Time frame is defined by 3.5 labor hours/day (based on 5-day work week) repair time frame. Subcontract Contractors usage; glass replacement; and repair supplements are allowable time extensions. For time delays or extensions, the Contractors(s) will contact City the of Fort Worth's representative or authorized appraiser for additional approval. 6.11 Status of Repair Reports: 6.11.1 Contractors will submit a weekly repair status report to the authorized City of Fort Worth representative with the vehicle number, date received, and a detailed status of each vehicle number and the estimated completion date. Also listed should be any items on hold or other delays which need to be made to the attention of the City of Fort Worth representative. 6.12 Service Centers: 6.12.1 Contractors will deliver completed vehicle a designated service centers list below: 6.12.1.1 Brennan Body Shop 2400 Brennan Ave Fort Worth, TX 76106 6.12.1.2 James Ave Service Center 5021 James Ave Fort Worth, TX 76115 6.12.1.3 North Service Center 317 Hillshire Dr. Fort Worth, TX 76052 6.12.1.4 Water Service Center 2222 W. Daggett Ave. Fort Worth, TX 76104 6.12.1.5 Southside Service Center 4100 Columbus Trail Fort Worth, TX 76133 6.13 Vehicle Security: 6.13.1 Contractors' facility will have an indoor or outdoor secure locked parking lot with a security monitoring system. 6.13.2 Contractors are responsible for the security of all City of Fort Worth vehicles while in their possession. 6.13.3 City of Fort Worth reserves the right to assign an independent appraiser to give an estimate for damage that occurred to vehicle while in possession of Contractors. No work will be authorized without a claim number for accident involved vehicles. 6.14 Site Visits: 6.14.1 The City of Fort Worth reserves the right to visit the Contractors' facility at any time after an award has been made for facility and repair inspection on any City of Fort Worth vehicle. 6.15 Location of Accident Vehicle/Transport: 6.15.1 The City will be responsible for all cost to transport the accident vehicle(s) to the Contractors' facility for repair. 6.15.2 The City has the option to deliver or pick-up vehicles as determined. 6.15.3 Contractors will not charge the City of Fort Worth for storage of vehicles. 7.0 LAWS, REGULATIONS, AND ORDINANCES The Contractor will 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 Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 8.0 INVOICING REQUIREMENTS 8.1 The City of Fort Worth has begun implementing an automated invoicing system. 8.2 The Contractor will 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. 8.3 Please include the following on the subject line of your e-mail: contractor name, invoice number, and PO number, separated by an underscore (ex: Example, I nc._123456_FW 013-0000001234 ) 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). • 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 Invoices should be submitted after delivery of the goods or services. 8.4 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. 8.5 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. 8.6 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 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. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN AccountsPayable(a)fortworthtexas.gov. 8.7 Contractor will not include Federal, State of City sales tax in its invoices. City will furnish a tax exemption certificate upon Contractor's request. 9.0 QUANTITIES 9.1 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. 9.2 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. 9.3 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor will provide written proof of cost increases with price adjustment request. 9.4 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. 9.5 Prices bid will remain firm for each one-year term of the Agreement and will include all associated freight and delivery costs. 9.6 Prices offered will be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 9.7 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. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor will 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. 9.8 Goods and/or services will not be suspended by the Contractor without a 30 day prior written notice to the City. 10.1 UNIT PRICES 10.1 Contractor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Contractor. Price Adjustments will not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 10.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 — March 31; Q3P: April 1 — June 30; Q4: July 1 — September 30. 10.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 10.4 The Contractor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 10.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 10.6 Prices offered will be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 10.7 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 will 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. 10.8 Delivery of goods and/or services will not be suspended by the Contractor without a 30 day prior written notice to the Purchasing Manager. 10.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement will take precedence. 11.0 HAZARDOUS CONDITION The Contractor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 12.0 COMPLAINTS 12.1 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. 12.2 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. EXHIBIT B PRICE SCHEDULE Price Schedule to follow. Non -Exclusive Vendor Services Agreement WTR, Inc. Page 14 of 17 BID SOLICITATION Event ID CFW03-22-4186 Event Round Version Event Name Start Time Finish Page Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 2D0 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Descri tion:-_ Q Unit UnttPrice _ Total Diagnostic/Evaluation Fee- for Vehicles and 300.00 EA _.., Equipment Over 1 Ton NIA Line: 2 Decription: __.. .__ UnitPrice ...._..._ Total --.._-_-- Hourly Labor Rate - Body Labor for Vehicles 3000.00 HR and Equipment Over 1 Ton ' 135,00 405,000.00 Line: 3 [ies_cription: --_ -- _ah' _.__.. _ —___ _Unit...... UnItPrice ............. Total Hourly Labor Rate - Paint Labor- for 3000.00 HR Vehicles and Equipment Over 1 Ton 135.00 . 405,000.00 Line: 4 Description; — -- ._,,, -- — — Unit UntPrtce, ...,.,...._.__ ._.... .... Totat.,_,. - ...... ...... Mechanical- Hourly Labor mate- for Vehicles 2500.00 HR- _ and Equipment over 1 Ton 135.00 , 405,000.001 Line: 5 Description: Qty__ Unit UnitPrice Total Paint & Material (shall not exceed 3000.00 HR two-thirds of cost of the Hourly Labor Rate - 70.00 210,000.00 Paint Labor) for Vehicles and Equipment Over 1 Ton Line: 6 pescrt Lion: _._ Qty Unit UnitPrice Total Environmental Disposal Fees- (oil, transmission fluid, antifreeze, and tire 200.00 EA N/A disposal) for Vehicles and Equipment Over 1 Ton Line: 7 Description: _ _ ON Unit UnitPrice Total Diagnostic/Evaluation Fee- for Vehicles and 300.00 EA Equipment Under 1 Ton NIA Line: 8 Description: 4tv . Unit UnttPrice Total Hourly Labor Rate - Body Labor for Vehicles 3000.00 HR and Equipment Under 1 Ton NIA IT13 22-0186 Additional Auto Body Collision Repairs and Services Page 3 of 36 FORT WQRTH,. '114� BID SOLICITATION Event ID Page' Invited EVENT DETAILS CFW01-22-0186 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - Purchasing IT8 Additional Auto Body Collision.Repairs &_ Services 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 07/20/20?2 08._00:0.0 CDT 08/11/2022 13:30:00 CDT United States Email: FMSPtarchasingResponses@fortworthtexas.gov Line: 9 Desert lion: ON Unit UnitPrtce Total Hourly Labor Rate - Paint Labor- for 3000,00 HR — - Vehicles and Equipment finder 1 Ton � NSA I Line: 10 Description: -_ _QtY Unit Un(t_Price Total Mechanical- Hourly Labor Rate- for Vehicles 2500.00 HR and Equipment Under i Ton _-...... l .......... _ NIA Line: 11 Description: __. - Qty Unit ---... Unitprice Total.,__ Paint & Material (shall not exceed 3000.00 HR ------ two-thirds of cost of the Hourly Labor Rate - Paint Labor) for Vehicles and Equipment NIA Under 1 Ton Line: 12 Description: _....__ — . -... Qty . Unit UnitPrce Total Environmental Fees (oil, transmission fluid, 700.00 EA - - .. ---. antifreeze, and tire disposal) shall not exceed $50.00 per invoice. -Under 1 Ton NIA Line: 13 Description: Parts -Cost Plus(+)_percent of Manufacturers List Price' (Apply Mark Up Percentage Hid to $1,000 to Obtain Correct Sum. Example 100X10%=100;1000+100=1,100 Oily -- _UnR ..... ... .. Total ....... . 1000.00 EA A bid of'T" (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 hid of "no bid" or no response (space left blank) will be interpreted by the City that the Offerer 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. L 250.00 1250.00� Total Bid Amount: 1,58, 750.00 Sublet, Cost + ZJ%ercent of Total Sublet Invoice- for Vehicles and Eqpment Over 1Ton Sublet, Cost + NIA percent of Total Sublet Invoice- for Vehicles and Equipment Under 1Ton fTB 22-0186 Additional Auto Body Collision Repairs and Services Page 4 of 36 EXHIBIT C CITY'S ITB NO.22-0186 City's ITB No.22-0186 to follow. Non -Exclusive Vendor Services Agreement WTR, Inc. Page 15 of 17 FORT WORTH® COVER PAGE EventlD Page CFW01-22-0186 1 Event Round Version 1 1 Event Name ITB Additional Auto Body Collision Repairs & Services Start Time Finish Time 08/11/2022 13:30:00 CDT Invited: 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 Description The City of Fort Worth seeks bids to finalize an annual agreement for additional auto body collision repair services the Property Management Department on an as needed basis. Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: LaKita Slack -Johnson A pre -bid conference will be held at 3:30 PM, Wednesday, August 27, 2022 at James Avenue Service Center, 5021 James Ave., Fort Worth, TX 76115 and via WebEx. Join the meeting link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m93cc44eOdddel3f45d4e83652f375beb Meeting number (access code): 2559 240 7904 Meeting password: JZyBPJvU877 Mobile Device +1-469-210-7159„25592407904## United States Toll (Dallas) You can also dial 173.243.2.68 and enter your meeting number.. FAILURE TO ATTEND THE PRE -BID CONFERENCE WILL IMPACT POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 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., August 11, 2022, and then publicly opened and publicly 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, 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. 22-0186 " Additional Auto Body Collision Repairs and Services" 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 90 calendar days after the bid opening date. Solicitation Documents: Cover Page Bid Submission Signature Page Bid Solicitation Part 1 Instructions To Bidders Part 2 Detailed Specification Attachment A - Conflict of Interest Disclosure" Attachment B - Consideration of Location of Bidder's Principal Place of Business'*(if applicable) Attachment C- Bidder's Contact Information" Attachment D - Bidder's Qualification Questionnaire — Attachment E - Reference List" Attachment F- Draft Vendor Service Agreement, attached as a separate document Attachment G - Document Checklist "Required to be completed and submitted. See Section 14.0, 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 this specifications. FORT WORTH® BID SUBMISSION SIGNATURE PAGE EventlD Page CFW01-22-0186 Event Round Version 1 1 Event Name ITB Additional Auto Body Collision Repairs & Services Start Time Finish Time 08/11/2022 13:30:00 CDT Invited: 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 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. 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 ID (FID) Number: Will agreement be available for Cooperative Agreement use? Yes No (See Section 22, Part 1) ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 2 of 36 FORT WORTH,. BID SOLICITATION Event ID Page CFW01-22-0186 Event Round Version 1 1 Event Name Start Time Finish Time n�/ten /�n�� nQ. nn. nn r�rim 08/11/2022 13:30:00 CDT Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total Diagnostic/Evaluation Fee- for Vehicles and 300.00 EA Equipment Over 1 Ton Line: 2 Description: Qty Unit UnitPrice Total Hourly Labor Rate - Body Labor for Vehicles 3000.00 HR and Equipment Over 1 Ton Line: 3 Description: Qty Unit UnitPrice Total Hourly Labor Rate - Paint Labor- for 3000.00 HR Vehicles and Equipment Over 1 Ton Line: 4 Description: Qty Unit UnitPrice Total Mechanical- Hourly Labor Rate- for Vehicles 2500.00 HR and Equipment Over 1 Ton Line: 5 Description: Qty Unit UnitPrice Total Paint & Material (shall not exceed 3000.00 HR two-thirds of cost of the Hourly Labor Rate - Paint Labor) for Vehicles and Equipment Over 1 Ton Line: 6 Description: Qty Unit UnitPrice Total Environmental Disposal Fees- (oil, 200.00 EA transmission fluid, antifreeze, and tire disposal) for Vehicles and Equipment Over 1 Ton Line: 7 Description: Qty Unit UnitPrice Total Diagnostic/Evaluation Fee- for Vehicles and 300.00 EA Equipment Under 1 Ton Line: 8 Description: Qty Unit UnitPrice Total Hourly Labor Rate - Body Labor for Vehicles 3000.00 HR and Equipment Under 1 Ton ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 3 of 36 FORT WORTH,. BID SOLICITATION Event ID Page CFW01-22-0186 5 Event Round Version 1 1 Event Name ITB Additional Auto Body Collision Repairs & Services Start Time Finish Time 07/20/2022 08:00:00 CDT 08/11/2022 13:30:00 CDT Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Hourly Labor Rate - Paint Labor- for 3000.00 HR Vehicles and Equipment Under 1 Ton Line: 10 Description: Qty Unit UnitPrice Total Mechanical- Hourly Labor Rate- for Vehicles 2500.00 HR and Equipment Under 1 Ton Line: 11 Description: Qty Unit UnitPrice Total Paint & Material (shall not exceed 3000.00 HR two-thirds of cost of the Hourly Labor Rate - Paint Labor) for Vehicles and Equipment Under 1 Ton Line: 12 Description: Qty Unit UnitPrice Total Environmental Fees- (oil, transmission fluid, 700.00 EA antifreeze, and tire disposal) shall not exceed $50.00 per invoice.- Under 1 Ton Line: 13 Description: Qty Unit UnitPrice Total Parts -Cost Plus(+)_percent of Manufacturers List Price' (Apply Mark Up 1000.00 EA Percentage Bid to $1,000 to Obtain Correct Sum. Example 100X10%=100;1000+100=1,100 Total Bid Amount: 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 Offerer 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. Sublet, Cost + percent of Total Sublet Invoice- for Vehicles and Eqpment Over 1Ton Sublet, Cost + percent of Total Sublet Invoice- for Vehicles and Equipment Under 1Ton ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 4 of 36 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 of 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 — FMSPurchasingRes ponses(a)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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 5 of 36 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 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 will held at 3:30 PM, Wednesday, August 27, 2022 at James Avenue Service Center, 5021 James Ave., Fort Worth, TX 76115 and via WebEx. There will be a WebEx meeting for potential bidders that are unable to attend pre -bid meeting in person. To join the Pre -bid via WebEx, please see Cover Page for details. Failure to attend the pre -bid conference will impact a potential Vendor's ability to submit a fully informed and competitive bid response. 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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 6 of 36 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Contractor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Contractor 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 resection. 9.0 PRICES/PERCENTAGE MARKUP 9.1 Bid prices and percentage markup shall be firm offers unless otherwise specified. Pricing and percentage markup shall be entered on the Bid Solicitation Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 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 ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 7 of 36 14.0 SUBMISSION OF BIDS 14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page. 14.2.2 The completed Bid Solicitation. 14.2.3 Parts and material stocking list. 14.2.4 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. 14.2.4.1 Company letterhead, including contact information. 14.2.4.2 Number of years working with Firm. 14.2.4.3 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. 14.2.4.4 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. 14.2.5 Failure to submit the items listed in paragraph 14.1 may be grounds for rejection of a bid as non -responsive to the specifications. 14.2.6 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 14.2.7 Contractors' employees who work on City -owned vehicles shall possess a certification from Inter -Industry Conference on Automotive Collision Repair (I -CAR) or other manufacturers certifications, be skilled and knowledgeable of all phases of light or medium and heavy-duty body repair and restoration services. 14.2.8 Signed Addendum(s) acknowledging receipt. 14.2.9 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 14.2.10 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. 14.2.11 A completed and signed Contractor Contact Information, Attachment C. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 8 of 36 14.2.12 Bidder's Qualification Questionnaire Attachment D. 14.2.13 Reference List Attachment E. 14.2.14 Scanned copy of all documents listed in Section 14.2, Part 1. 14.2.15 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 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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 9 of 36 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 contractors on a non-exclusive award basis, or primary and secondary contractors. 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 ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 10 of 36 presented to the City Council. The form may be completed at httDS://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Contractors 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 Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor 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 Contractor. 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 Contractor 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 Contractor does not agree, the protesting Contractor 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 Contractor 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 Contractors 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 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 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENT 23.0 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 ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 11 of 36 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 bythe awarding agency. 24.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Contractor 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). 25.0 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. 26.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) 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. 25.0 RIGHT TO AUDIT Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 12 of 36 PART-2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an Agreement to perform auto body collision repair services for City -owned vehicles for the Property Management (PMD) Department. 1.2 The successful bidder(s), known hereafter as "Contractors"/'Contractors," will be responsible for perform auto body work for approximately 4,600 vehicles and equipment. 1.3 This Agreement shall begin on the date stated in Purchase Order ("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30), unless City or Vendor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor / Vendor. 1.4 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. 1.5 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. 1.6 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.7 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 July 20, 2022 Pre -Bid Conference July 27, 2022 at 3:30 PM Local Time Deadline for Questions August 1, 2022 at 5PM Local Time Answers Posted August 4, 2022 ITB Responses Due Date AT 1:30 p.m. Local Time August 11, 2022 Recommended Vendor Selection August 2022 Mayor and Council Consideration September 2022 Contract Execution Se tember/ October 2022 ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 13 of 36 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 40 points. 4.3.2 Ability to meet the City's needs. up to 10 points. 4.3.3 Contractor's ability to perform services within 24 hours— up to 15 points. 4.3.4 Experience working with government/similar size organization — up to 15 points. 4.3.5 Availability of resources to perform services, qualified personnel and equipment— up to 20 points. 4.4 If Attachment B, Local Preference, is completed by any Bidder the City will review the Attachment to determine whether Local Preference will apply to the award. 4.5 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. 4.6 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. 4.7 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 4.8 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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 14 of 36 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 RESPONSIBILTIES 5.1 Contractors shall provide body work service and repairs to City -owned light or light or medium and heavy and heavy-duty vehicles and equipment. 5.2 Contractors agree, during the performance of the work, to comply with all applicable codes and ordinances of the appropriate local, state and/or federal laws as they may apply, as these laws may now read or as they may hereafter be changed or amended. 5.3 Contractors shall obtain from the appropriate local, state and/or federal agencies the necessary permit(s), if any, required by the ordinances for the performance of the work. 5.4 Contractors shall furnish for each facility that will perform services: insurance, permits, licenses, labor, personnel, service, supervision, management, reports, documentation, material, supplies, tools, equipment, towing, surcharges, transportation and all other cost associated with this contract necessary to provide the highest quality of vehicle auto body and collision repair services. 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. 5.4.1 Contractors shall price paint and material at an hourly rate and shall not exceed two-thirds of cost of the Hourly Labor Rate - Paint Labor. Miscellaneous expenses shall be factored into paint and material costs. 5.4.2 Environmental fees (oil, transmission fluid, antifreeze, and tire disposal) shall not exceed $50.00 per invoice. 5.5 Contractors shall obtain City approval and authorization in writing to sublet any work. Contractors shall submit a quote with the estimated costs of sublet work that must be performed. The City will pay for sublet items at Cost Plus (+) %, per the Contractors' bid submission. 6.6 Contractor shall inspect all repairs to ensure they meet or exceed industry standards as defined by I -CAR, Automotive Service Excellence (ASE), and Original Equipment Manufacturer (OEM) recommended repair methods. Certification documentation for the technicians shall be submitted with the proposal for review and evaluation criteria. Subcontractors shall follow the same guidelines as specified in this ITB. 6.0 INVENTORY OF ASSETS 6.1 Assets that may need auto body collision repair services, include, but are not limited to, the inventory listed below: Over One (1) Ton Up to 3,000 on -road and 1,600 off -road vehicles and equipment including, but not limited to, the: Types of Equipment Manufacturers Dump Trucks International Heavy -Duty Trailers Freightliner Bucket Trucks Kenworth ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 15 of 36 7.0 :m Off Road Equipment Sterling Transfer Trucks John Deere Motor Homes Kubota Fuel Trucks Ford Water Tankers Container Trucks and other related types of equipment over 1 ton and other related manufacturers over 1 ton Under One (1) Ton Up to 3,000 on -road vehicles and equipment including trailers, but not limited to, the following manufacturers: Ford GM Dodge Nissan and other related manufacturers under 1 ton CONTRACTOR REQUIREMENTS IN ORDER TO BE EVALUATED 7.1 Contractor shall be completely familiar with the specified requirements and methods needed for proper performance of this contract. 7.2 Contractor shall provide proof of these requirements with submitted proposal (listed in Section 7.0, but not limited to). Shall have control over the manner and method of performing the services contracted for and by this service Agreement. 7.3 All persons used by the Contractor to perform the Services shall be employees, agents or Subcontractors of the Contractor, and are subject to the direct supervision and control of the Contractor. 7.4 Contractor shall maintain a credible work force daily to ensure progress of the job. 7.5 Contractors shall have a minimum of five (5) consecutive years in the light or light or medium and heavy to heavy-duty equipment and vehicle body collision repair business as well as operating facility for the same timeframe. 7.6 Prospective Contractors must provide qualifications listed in Section 14.2.4, page 8 for each staff by role (structural, non-structural, refinish, electrical/mechanical) proposed to work under this contract. These qualifications may include I -CAR, ASE, OEM, and/or other certifications/qualifications. 7.8 Contractors' technicians of medium and heavy-duty repair shall have experience and knowledge in the inter working of diesel drivetrains. REQUEST FOR SERVICE REQUIREMENTS 8.1 The City shall issue a Purchase Order (PO) establishing the equipment number, location, schedule, and fee to be paid to the Vendors for each service request to be completed by Contractors. Contractors shall perform the Services in accordance with each PO issued by the City. The City may issue an amended a PO to address any changes in the work to be performed after a PO has been issued. 8.2 Contractors shall respond to written correspondence within 24 hours. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 16 of 36 9.0 COLLISON REPAIR EQUIPMENT REQUIREMENTS 9.1 Frame System 9.1.1 Contractors shall have an onsite anchoring industry recognized frame/structure multi post pulling post/frame repair machine. Machine shall have the ability for multiple angle pulls. Frame machine is required to produce printable before and after measurements to certify straightening, repair, or replacement items are returned to manufacturer specifications (OEM) and pre -accident condition. Before and after measurement prints shall be provided with the final invoice. 9.2 Alignment Machines 9.2.1 Contractors shall provide access to alignments either by in -shop industry recognized equipment, or acceptable use of a subcontract Contractors for alignment service. Before and after alignment specifications are required to be printed before and after the measurement. This is to verify the vehicle is back to pre -accident condition and meets manufacture specifications (OEM). Copy of measurements are required to be sent with final invoice. 9.3 Air Conditioning Repair/Recharging Services 9.3.1 Contractors shall have an air conditioning refrigerant recycling and charging system that meets all local, federal and state requirements. 9.4 Welding 9.4.1 Contractors shall have appropriate welding equipment for body welding and utilize I -CAR or other industry standard certified welding procedures. Gas welding is not acceptable, no exceptions. 9.4.2 Contractors shall have appropriate welding equipment to perform fabrication abilities on medium and heavy-duty equipment and vehicles. 9.4.3 Contractors shall have appropriate equipment for aluminum welding. 9.4.4 Contractors shall make sure the vehicle computer systems and airbag triggers are disconnected prior to any welding performed. 9.4.5 Contractors shall be responsible for total replacement of the vehicles on- board computers and airbag components damaged due to negligence, by not disconnecting appropriate systems required by the manufacturer and associated repair process before performing welding. 9.5 Vehicle Lifting System 9.5.1 Contractors shall possess a fully functional industry standard equipment lifting system for damage inspections and repair purposes. 9.6 Headlight Aiming 9.6.1 Contractors shall possess a fully functional headlight -aiming tool / system. Common methods used includes but not limited to: screen, electronic indicators, or float -type bubble system. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 17 of 36 9.7 Paint Requirement 9.7.1 Contractors shall have industry recognized heavy equipment "extended" sized paint booth system to allow for proper painting applications for trucks/vehicles. 9.7.2 Contractors shall have on -site a complete paint mixing system for color matching requirements. Paint products and painting procedures shall meet manufacturers (OEM) requirements for quality and warranty considerations. 9.8 Mechanical Requirement 9.8.1 Contractors shall complete all mechanical services and repairs, including but not limited to: front and rear suspension, drive train components, air bags, anti -lock brakes, emission and other sensors, steering columns, lights, computer controls and associated wiring, engines, transmissions, final drives, extension slides, hydraulic components, steering motors, that require replacement as indicated on the original written estimate and/or supplement be completed by the awarded Contractors(s) or authorized subcontractor. 9.8.2 Contractors shall return all vehicles to pre -accident condition and meet or exceed manufacturer specifications (OEM). 10.0 WARRANTY 10.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 10.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 10.1.2 Upon notification by the authorized City personnel, Contractor agrees to repair or replace promptly, on a one -for -one basis without additional cost to the City of Fort Worth, any and all defective work and products. The Contractor Agrees to repair promptly any defective work and or products covered under written warranty in quote. 10.1.3 This warranty and all other warranties in this purchase shall continue for a period of at least 90 days from date of acceptance of products and work by the City. 10.1.4 The Contractor shall remedy at the Contractor's expense any non- conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 10.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 18 of 36 10.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after the discovery of any failure, defect, or damage. 10.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 10.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 10.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: 10.2.1 Obtain all warranties that would be obtained in normal commercial practice. 10.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.3 The Contractor's warranty shall include all third -party and other aftermarket components which are installed and or supplied by Contractor. 10.4 Contractors(s) shall provide a written warranty as follows: 10.4.1 Auto Body & Collision Parts and Labor — (5) years from the completion of the repair. 10.4.2 Auto Body & Collision Paint — (5) years from the completion of the repair. 10.4.3 Mechanical & Electrical Parts and Labor - Minimum of one (1) year from the completion of repair. 10.4.4 The effective warranty date shall be the date final acceptance of the repaired vehicle by City of Fort Worth. Warranty does not cover normal wear and tear items. 11.0 VEHICLE REPAIRS, INSTALLATION AND INSPECTION REQUIREMENTS 11.1 Collision Repairs: 11.1.1 Contractors shall guarantee and demonstrate that all structural repairs performed meet or exceed manufacturer (OEM) and/or I -CAR repair specifications. 11.1.2 Contractors shall utilize modern, well -maintained tools which meet manufacturer specified use or I -CAR specified use. 11.1.3 Contractors shall be required to have all frame replacements approved in writing by PMD Acquisition and assigned PMD Fleet Director. 11.2 Glass Removal and Installation: 11.2.1 Contractors shall use OEM or I -CAR defined glass removal and install procedures. Glass service is allowed by the repair facility or through subcontract glass Contractors. Glass urethanes shall meet or exceed manufacturer specifications. Glass shall also meet or exceed OEM safety ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 19 of 36 and integrity. OEM or aftermarket glass which meets or exceeds OEM specifications will be acceptable. 11.3 Quality Control 11.3.1 All installations and fabrications shall be subject to the City's quality control inspection process. All rework shall be performed at no additional cost and in a timely fashion for the City. 11.4 Hidden Damage 11.4.1 During the course of repair, Contractors shall contact the City's representative and/or City's independent appraiser for re -inspection and approval. If additional damages are found that were not included in the original estimate. 11.5 Completed Vehicle: 11.5.1 Contractors are required to contact the City of Fort Worth authorized inspector/appraiser or authorized City of Fort Worth representative for final inspection on completed vehicle(s) repairs prior to delivery back to the City of Fort Worth. The authorized representative shall inspect the body repairs from the approved estimate and photographs. The invoice shall match the approved estimate. 11.5.2 Contractors shall have the invoice and all other documents associated with the repair signed by the authorized representative as a receipt of approval. If the work is unacceptable, Contractors are required to make corrections in the timeframe required by authorized representative at no additional cost to the City. 11.5.3 Contractors are responsible for the transport from their facility at no cost to the City of Fort Worth to the Fleet Service Center listed in Section 11.12 Rework or corrective repairs will be defined by the City of Fort Worth as a priority repair. 11.5.4 Contractors shall responsible for providing an appropriately licensed driver based on the GVW of the vehicle being returned. 11.5.5 Contractor 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. 11.5.5 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am. 11.6 Appraisal Determination: 11.6.1 The City of Fort Worth reserves the right to determine final repair steps and methodology which meets or exceeds established industry standards. 11.7 Parts Requirement: ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 20 of 36 11.7.1 Contractors shall follow the directions in the use of Original Manufacturer Equipment (OEM), aftermarket Certified Automotive Parts Association (CAPA certified), or recycled parts either from parts Contractors or City supplied for replacement or repair. For each repair, the Contractors(s) shall provide an invoice listing OEM, CAPA certified aftermarket parts, recycled parts purchased or listed as received from the City of Fort Worth for the assigned vehicle. 11.7.2 Contractors shall keep and provide a shown ability for acquiring recycled parts via part Contractors networks and contacts. 11.7.3 Contractors shall keep all the old parts from the damaged vehicle(s) until an inspection from the City of Fort Worth representative and/or City independent appraiser has been completed and satisfied. Once final inspection is complete, the parts can be disposed of properly by Contractors following all local, state, and federal regulations. The City always reserves the right to acquire any part removed from the vehicle being repaired. The ability to recycle is always recommended by the City as appropriate. 11.8 All parts utilized on collision repairs, on City assets shall be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts must be approved in writing by City PMD Fleet personnel prior to being utilized by a Contractors. 11.9 Contractors shall utilize new OEM parts which meet or exceed OEM specifications. The City may allow aftermarket, used OEM, rebuilt for remanufactured, or OEM new. 11.10 Vehicle Turn -Around Timeframe: 11.10.1 Contractors, upon authorization to proceed and receipt of the vehicle, shall have the respective vehicle repaired within the time frame denoted in the written appraisal estimation provided by City of Fort Worth representative or authorized City of Fort Worth representative (independent consultant/appraiser). Request for additional time shall be approved by City of Fort Worth representative and/or authorized City of Fort Worth representative (independent consultant/appraiser). 11.10.2 City of Fort Worth reserves the right to secure services from a secondary Contractors if the awarded Contractors is unable to meet the City of Fort Worth required turn -around time for the repair/restoration services or if the Contractors has four (4) or more vehicles not completed after the specified time frame. Time frame is defined by 3.5 labor hours/day (based on 5-day work week) repair time frame. Subcontract Contractors usage; glass replacement; and repair supplements are allowable time extensions. For time delays or extensions, the Contractors(s) will contact City the of Fort Worth's representative or authorized appraiser for additional approval. 11.11 Status of Repair Reports: 11.11.1 Contractors shall submit a weekly repair status report to the authorized City of Fort Worth representative with the vehicle number, date received, and a detailed status of each vehicle number and the estimated completion date. Also listed should be any items on hold or other delays ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 21 of 36 which need to be made to the attention of the City of Fort Worth representative. 11.12 Service Centers: 11.12.1 Contractors shall deliver completed vehicle a designated service centers list below: 11.12.1.1 Brennan Body Shop 2400 Brennan Ave Fort Worth, TX 76106 11.12.1.2 James Ave Service Center 5021 James Ave Fort Worth, TX 76115 11.12.1.3 North Service Center 317 Hillshire Dr. Fort Worth, TX 76052 11.12.1.4 Water Service Center 2222 W. Daggett Ave. Fort Worth, TX 76104 11.12.1.5 Southside Service Center 4100 Columbus Trail Fort Worth, TX 76133 11.13 Vehicle Security: 11.13.1 Contractors' facility shall have an indoor or outdoor secure locked parking lot with a security monitoring system. 11.13.2 Contractors are responsible for the security of all City of Fort Worth vehicles while in their possession. 11.13.3 City of Fort Worth reserves the right to assign an independent appraiser to give an estimate for damage that occurred to vehicle while in possession of Contractors. No work shall be authorized without a claim number for accident involved vehicles. 11.14 Site Visits: 11.14.1 The City of Fort Worth reserves the right to visit the Contractors' facility at any time after an award has been made for facility and repair inspection on any City of Fort Worth vehicle. 11.15 Location of Accident Vehicle/Transport: 11.15.1 The City will be responsible for all cost to transport the accident vehicle(s) to the Contractors' facility for repair. 11.15.2 The City has the option to deliver or pick-up vehicles as determined. 11.15.3 Contractors shall not charge the City of Fort Worth for storage of vehicles. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 22 of 36 12.0 LAWS, REGULATIONS, AND ORDINANCES The Contractor 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 Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 13.0 INVOICING REQUIREMENTS 13.1 The City of Fort Worth has begun implementing an automated invoicing system. 13.2 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. 13.3 Please include the following on the subject line of your e-mail: contractor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) 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). • 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 • Invoices should be submitted after delivery of the goods or services. 13.4 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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 23 of 36 13.5 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. 13.6 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 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. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN AccountsPayable(a�fortworthtexas.gov. 13.7 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Contractor's request. 14.0 QUANTITIES 14.1 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. 14.2 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. 14.3 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 14.4 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. 14.5 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 14.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 14.7 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. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor 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. 14.8 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 24 of 36 15.1 UNIT PRICES 15.1 Contractor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Contractor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 15.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 — March 31; Q3P: April 1 — June 30; Q4: July 1 — September 30. 15.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 15.4 The Contractor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1 st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 15.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 15.6 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. 15.7 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. 15.8 Delivery of goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the Purchasing Manager. 15.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 16.0 HAZARDOUS CONDITION The Contractor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 COMPLAINTS ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 25 of 36 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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 26 of 36 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 Contractor 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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 27 of 36 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics CorI-Ns?RxP186 Additional Auto Bo4y . jh! g.�® irk. d Services Revised 1/112021 Page 28 of 36 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§ 176.001(1-a): "Business relationship" means aconnection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 29 of 36 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. Do you have a Fort Worth office? If yes, identify address: 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. Number of Fort Worth resident -employees? 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) ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 30 of 36 Bidder's Name: Bidder's Local Address: Phone: Email: ATTACHMENT — C BIDDER'S CONTACT INFORMATION Fax: Name of person assigned specifically for this Agreement: Name/Title Phone: Email: Fax: Name of persons for renewal information and/or billing questions: Name/Title Phone: Email: Name/Title Phone: Email: Fax: Fax: Signature Printed Name Date ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 31 of 36 ATTACHMENT -D BIDDER'S QUALIFICATION QUESTIONNAIRE Has the Contractor ever defaulted on a Contract? Yes No 2. Are there currently any pending judgements, claims, or lawsuits against the Bidder? Yes No 3. Does Bidder currently have any pending claims, judgements or lawsuits against any prior client? Yes No 4. Is the Bidder or its principals involved in any bankruptcy or reorganization proceedings? Yes No 5. Number of years in business under current company name: Years a. List any former names your organization has operated under and the timeframe: 6. List materials, tools and equipment necessary to perform auto body collision repair services. (Please attach in separate document and submit with bid) 7. Should any of the items above not be available to use at the time of services, what is your back-up plan? Is the Contractor able to provide services within the turn -around time listed in section 11.10.2? Yes No Is the vendor able to respond to a work order within 24 hours per section 8.2? Yes No If no, why not Is the Contractor able to provide a list of material, tools and equipment necessary to perform auto body collision repair services? Yes No If no, why not. 10. Is there Contractor able to employ personnel, knowledgeable of all phases of medium and light to heavy-duty body repair and restoration services and inspect all repairs to ensure they meet or exceed industry standards as defined by I -CAR, Automotive Service Excellence (ASE), and Original Equipment Manufacturer (OEM) recommended repair methods per Section 7.6? Yes No ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 32 of 36 11. Is there Contractor able to employ personnel, knowledgeable of all phases of medium and light to heavy-duty body repair and restoration services and inspect all repairs to ensure they meet or exceed industry standards as defined by I -CAR, Automotive Service Excellence (ASE), and Original Equipment Manufacturer (OEM) recommended repair methods per Section 7.6? Yes No If no, why not. 12. Please provide Bidder's background, number of years in business, size of bidder's labor pool and bidder's timeframe to provide workers after notification. (Please attach in separate document and submit with bid) 13. What is your firm's plan or approach to perform repair services (Please attach in separate document and submit with bid) 14. What is your firm's plan or approach to perform inspection services (Please attach in separate document and submit with bid) 15. Please describe how the supervision of your firm's work crews will be handled. It will be helpful to also include the level of supervision who will be tasked. (Please attach in separate document and submit with bid) 16. Please describe your firm's method of reporting completed work. (Please attach in separate document and submit with bid) ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 33 of 36 ATTACHMENT— E REFERENCE LIST Complete and return this form with your bid. The Vendor shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) Email ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 34 of 36 ATTACHMENT F DRAFT SERVICE AGREEMENT Draft Service Agreement is attached a separate document. Revised 7.11.18cg ATTACHMENT G DOCUMENT CHECKLIST Included Page Submission Requirement Yes/No Number Attachment A - Conflict of Interest Disclosure** Attachment B - Consideration of Location of Bidder's Principal Place of Business**(if applicable) Attachment C - Bidder's Contact Information** Attachment D - Bidder's Qualification Questionnaire** A completed and signed Bid Solicitation Bidder shall provide a minimum of three (3) references from projects similar in nature, size and scope completed or undertake in the past three ears. Certification documentation for the technicians Inter - Industry Conference on Automotive Collision Repair (I -CAR) or other manufacturers certifications, Any addendums that may post to this bid Revised 7.11.18cg City Secretary Contract No. EXHIBIT D VENDOR BID RESPONSE TO CITY'S ITB 22-0186 Vendor's Bid Response to City's ITB to 22-0186 to follow. Non -Exclusive Vendor Services Agreement WTR, Inc. Page 16 of 17 FORT Wo T� COVER PAGE Event li7 - Page CF�riQl.-22-D196 __ 1 1 Event Round Version 1 - 1 iEvent Name IT �i st] iianal Auto Bogy Collision Repairs & Servi ra.s i Start Time Finish Time ,JDn)9n99 nRnn-nn rni 48 71(2022 13:30:00 CDT Invited: 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 Description The City of Fort Worth seeks bids to finalize an annual agreement for additional auto body collision repair services the Property Management Department on an as needed basis. Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https://www.fortworrhtexaSLgov/departments/finance/purchasing/register for more information. Assigned Buyer- LaKita Slack -Johnson A pre -bid conference will be held at 3 30 PM, Wednesday, August 27, 2022 at James Avenue Service Center, 5021 James Ave., Fort Worth. TX 76115 and via WebEx Join the meeting links https //fortworthtexas.webex.com/fortworthtexas/}.php?MTID=m93cc44e0ddde13f45d4e83652f375beb Meeting number (access code): 2559 240 7904 Meeting password= JZyBPJvU877 Mobile Device +1-469-210-7159„25592407904## United States Toll (Dallas) You can also dial 173.243 2 68 and enter your meeting number.. FAILURE TO ATTEND THE PRE -BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 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 ali bid documents must be received in the Purchasing Division by 1:30 P.M., August 11, 2022, and then publicly opened and publicly 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, 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. 22-0186 " Additional Auto Body Collision Repairs and Services" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1 30 DEADLINE 1N 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 officiak 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 90 calendar days after the bid opening date. Solicitation Documents: Cover Page Bid Submission Signature Page Bid Solicitation Part 1 Instructions To Bidders Part 2 Detailed Specification Attachment A - Conflict of Interest Disclosure — Attachment B - Consideration of Location of Bidder's Principal Place of Business'*(if applicable) Attachment C- Bidder's Contact Information — Attachment D - Bidder's Qualification Questionnaire'* Attachment E - Reference List" Attachment F- Draft Vendor Service Agreement, attached as a separate document Attachment G - Document Checklist —Required to be completed and submitted. See Section 14,0, Part 1 for all required documents that need to be submitted. Failure to submit all items W0 be grounds for rejection of a bid as non -responsive to this specifications. Fogy WORTH. BID SUBMISSION SIGNATURE PAGE Event ID CFW01-22- Event Rout Event Name Page; Version i Start Time Finish time _0-7/-2pj-2�a4? ne_44.0.(in rnm 0,8/11/2022 13:30_00 CDT Invited: EVENT DETAILS Submit To: City of Fart Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by hislher 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 al€ documents incorporated by reference, and agrees to be bound by the terms therein. Company Name: VUfR) Inc Company Address: 3246 N. lnterstaet 35 E City. State, zip Lancaster, Texas 75134Aq - Vendor Registration No. 00000315, Printed Name of Officer or Authorized Representative: Leslie IrVan Title General Manager Signature of Officer or Authorized Representative Date: 08/10/2022 1 Email Address. Leslie@wtrinc.com Phone Number: 972-224-9236 Federal ID (FID) Number. 75-1732061 Will agreement be available for Cooperative Agreement use? Yes No (See Section 22, Part 1) ITB 22-0186 Additional Auto Body Colifsion Repairs and Services Page 2 of 36 BID SOLICITATION Event ID CFW03-22-4186 Event Round Version Event Name Start Time Finish Page Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 2D0 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Descri tion:-_ Q Unit UnttPrice _ Total Diagnostic/Evaluation Fee- for Vehicles and 300.00 EA _.., Equipment Over 1 Ton NIA Line: 2 Decription: __.. .__ UnitPrice ...._..._ Total --.._-_-- Hourly Labor Rate - Body Labor for Vehicles 3000.00 HR and Equipment Over 1 Ton ' 135,00 405,000.00 Line: 3 [ies_cription: --_ -- _ah' _.__.. _ —___ _Unit...... UnItPrice ............. Total Hourly Labor Rate - Paint Labor- for 3000.00 HR Vehicles and Equipment Over 1 Ton 135.00 . 405,000.00 Line: 4 Description; — -- ._,,, -- — — Unit UntPrtce, ...,.,...._.__ ._.... .... Totat.,_,. - ...... ...... Mechanical- Hourly Labor mate- for Vehicles 2500.00 HR- _ and Equipment over 1 Ton 135.00 , 405,000.001 Line: 5 Description: Qty__ Unit UnitPrice Total Paint & Material (shall not exceed 3000.00 HR two-thirds of cost of the Hourly Labor Rate - 70.00 210,000.00 Paint Labor) for Vehicles and Equipment Over 1 Ton Line: 6 pescrt Lion: _._ Qty Unit UnitPrice Total Environmental Disposal Fees- (oil, transmission fluid, antifreeze, and tire 200.00 EA N/A disposal) for Vehicles and Equipment Over 1 Ton Line: 7 Description: _ _ ON Unit UnitPrice Total Diagnostic/Evaluation Fee- for Vehicles and 300.00 EA Equipment Under 1 Ton NIA Line: 8 Description: 4tv . Unit UnttPrice Total Hourly Labor Rate - Body Labor for Vehicles 3000.00 HR and Equipment Under 1 Ton NIA IT13 22-0186 Additional Auto Body Collision Repairs and Services Page 3 of 36 FORT WQRTH,. '114� BID SOLICITATION Event ID Page' Invited EVENT DETAILS CFW01-22-0186 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - Purchasing IT8 Additional Auto Body Collision.Repairs &_ Services 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 07/20/20?2 08._00:0.0 CDT 08/11/2022 13:30:00 CDT United States Email: FMSPtarchasingResponses@fortworthtexas.gov Line: 9 Desert lion: ON Unit UnitPrtce Total Hourly Labor Rate - Paint Labor- for 3000,00 HR — - Vehicles and Equipment finder 1 Ton � NSA I Line: 10 Description: -_ _QtY Unit Un(t_Price Total Mechanical- Hourly Labor Rate- for Vehicles 2500.00 HR and Equipment Under i Ton _-...... l .......... _ NIA Line: 11 Description: __. - Qty Unit ---... Unitprice Total.,__ Paint & Material (shall not exceed 3000.00 HR ------ two-thirds of cost of the Hourly Labor Rate - Paint Labor) for Vehicles and Equipment NIA Under 1 Ton Line: 12 Description: _....__ — . -... Qty . Unit UnitPrce Total Environmental Fees (oil, transmission fluid, 700.00 EA - - .. ---. antifreeze, and tire disposal) shall not exceed $50.00 per invoice. -Under 1 Ton NIA Line: 13 Description: Parts -Cost Plus(+)_percent of Manufacturers List Price' (Apply Mark Up Percentage Hid to $1,000 to Obtain Correct Sum. Example 100X10%=100;1000+100=1,100 Oily -- _UnR ..... ... .. Total ....... . 1000.00 EA A bid of'T" (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 hid of "no bid" or no response (space left blank) will be interpreted by the City that the Offerer 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. L 250.00 1250.00� Total Bid Amount: 1,58, 750.00 Sublet, Cost + ZJ%ercent of Total Sublet Invoice- for Vehicles and Eqpment Over 1Ton Sublet, Cost + NIA percent of Total Sublet Invoice- for Vehicles and Equipment Under 1Ton fTB 22-0186 Additional Auto Body Collision Repairs and Services Page 4 of 36 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 of 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 uestion 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 — FMSPurchas in Res onses fortworthtexas 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. 23 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding iTB 22-01 B6 Additional Auto Body Cohision Repairs and Services Page 5 of 16 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. 10 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 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 will held at 3:30 PM, Wednesday; August 27, 2022 at James Avenue Service Center, 5021 James Ave., Fort Worth, TX 76115 and via WebEx. There will be a WebEx meeting for potential bidders that are unable to attend pre -bid meeting in person. To join the Pre -bid via WebEx, please see Cover Page for details. Failure to attend the pre -bid conference will impact a potential Vendor's ability to submit a fully informed and competitive bid response. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish ail 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. 5.0 QUANTITIES, - The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for 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, Stater 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 8A 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. ;TB 22-0186 Add#tional Auto Body Collision Repairs and Services Page 6 of 36 8.3 Free on Board (FOB) Point: Freight Terms shall be € OB Destination, Freight Prepaid and Allowed This ,means the Contractor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Contractor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.32 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 off ring other delivery terms are not acceptable and may be cause for rejection. 90 PRICESIPERCENTAGE MARKUP 9.1 Bid prices and percentage markup shall be firm offers unless otherwise specified. Pricing and percentage markup shall be entered on the Bid Solicitation Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 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. 120 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 shaO 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 htt s://www,fortworthtexas. ov/departments/finance/ urchasin /ach ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 7 of 36 14.0 SUBMISSION OF BIDS 14.1 Bid documents: Unless otherwise specified; Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page, 14.2.2 The completed Bid Solicitation. 14.2.3 Parts and material stocking list. 14.2.4 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. 14.2.4.1 Company letterhead, including contact information. 14.2A4 2 Number of years working with Firm. 14.2A.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. 14.2.4.4 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. 14.2.5 Failure to submit the items listed in paragraph 14.1 may be grounds for rejection of a bid as non -responsive to the specifications. 14.2.E Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 14.2.7 Contractors' employees who work on City -owned vehicles shall possess a certification from inter -Industry Conference on Automotive Collision Repair (I -CAR) or other manufacturers certifications, be skilled and knowledgeable of all phases of light or medium and heavy-duty body repair and restoration services. 1428 Signed Addendum(s) acknowledging receipt. 14.2.9 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 14.2.10 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. 14.2.11 A completed and signed Contractor Contact Information, Attachment C. ITB 22-0186 Additionai Auto Body Collision Repairs and Services Page 8 of 36 14.2.12 Bidder's Qualification Questionnaire Attachment D. 14.2.13 Reference List Attachment E. 14.2.14 Scanned copy of all documents listed in Section 14.2, Part 1. 14.2.15 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. 153 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 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. 170 OPENING OF SIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open ali 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. ITB 22-0186 Additional Auto Body Coilision Repairs and Services Page 9 of 36 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 wild 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. Linder 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 contractors on a non-exclusive award basis, or primary and secondary contractors. 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 ITB 22-0186 Additional Auto Body Coifision Repairs and Services Page 10 of 36 presented to the City Council. The form may be completed at https:llwww.ethics.state.tx.us/whatsnewleif info form1295.htn,,. 21.0 PROTEST PROCEDURE 2 1.1 Contractors 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 Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor 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 Contractor. 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 Contractor 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 pane! is unable to resolve the protest, or if the panel makes a decision with which the Contractor does not agree, the protesting Contractor 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 Contractor 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 Contractors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http:f/fortworthtexas.,oq vlcitysecretarvtinfp/default;asi)x2id=2914 on the City's website. 220 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 222 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fork Worth shag be eligible. but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed 23.0 RIGHTS TO INVENTIONS BADE UNDER A CONTRACT ORAGREEMENT 23.0 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 tTB 22-0186 Additional Auto Body Collision Repairs and Services Page 19 of 36 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 bythe awarding agency. 24.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Contractor 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). 25.0 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. 26.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) 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 Federa3 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. 25.0 RIGHT TO AUDIT Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access daring normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. iTB 22-0166 Additional Auto Body Collision Repairs and Services Page 12 of 36 PART - 2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an Agreement to perform auto body collision repair services for City -owned vehicles for the Property Management (PMD) Department. 1.2 The successful bidder(s), known hereafter as "Contractors'Y'Contractors,° will be responsible for perform auto body work for approximately 4,600 vehicles and equipment. 1.3 This Agreement shall begin on the date stated in Purchase Order ("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term'). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30), unless City or Vendor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor I Vendor, 1.4 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. 1.5 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. 1.6 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.7 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 Jul 20, 2022 Pre -Bid Conference Jul 27, 2022 at 3:30 PM Local Time Deadline for Questions Au ust 1, 2022 at 5PM (Local Time) Answers Posted Au ust 4, 2022 ITB Responses Due Date AT 1:30 p.m. (Local TimeL August 11, 2022 Recommended Vendor Selection Au ust 2022 Mayor and Council Consideration Se tember 2022 LContract Execution 5eptemberl October 2022 ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 13 of 36 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 ietter. 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 40 points. 4.3,2 Ability to meet the City's needs. up to 10 points. 4.3.3 Contractor's ability to perform services within 24 hours— up to 15 points. 4.3.4 Experience working with government/similar size organization — up to 15 points. 4.3.5 Availability of resources to perform services, qualified personnel and equipment— up to 20 points. 4.4 If Attachment B. Local Preference, is completed by any Bidder the City will review the Attachment to determine whether Local Preference will apply to the award. 4.5 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.e 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. 4.7 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 Pke size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation ,and the public at large. 4.8 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. lTB 22-0186 Additional Auto Body Collision Repairs and Services Page 14 of 36 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 RESPONSIBILTIES 5.1 Contractors shall provide body work service and repairs to City -owned light or light or medium and heavy and heavy-duty vehicles and equipment. 5.2 Contractors agree, during the performance of the work, to comply with all applicable codes and ordinances of the appropriate Local, state and/or federal laws as they may apply, as these laws may now read or as they may hereafter be changed or amended. 5.3 Contractors shall obtain from the appropriate local, state and/or federal agencies the necessary permit(s), if any, required by the ordinances for the performance of the work. 5.4 Contractors shall furnish for each facility that will perform services: insurance, permits, licenses, labor, personnel, service, supervision, management, reports, documentation, material, supplies, tools, equipment, towing, surcharges, transportation and all other cost associated with this contract necessary to provide the highest quality of vehicle auto body and collision repair services. 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. 5.4.1 Contractors shall price paint and material at an hourly rate and shall not exceed two-thirds of cost of the Hourly Labor Rate - Paint Labor. Misceilaneous expenses shall be factored into paint and material costs. 5.4.2 Environmentai fees (oil, transmission fluid, antifreeze, and tire disposal) shall not exceed $50.00 per invoice. 5.5 Contractors shall obtain City approval and authorization in writing to sublet any work. Contractors shall submit a quote with the estimated costs of sublet work that must be performed. The City will pay for sublet items at Cost Plus {¢) %, per the Contractors' bid submission. 66 Contractor shall inspect all repairs to ensure they meet or exceed industry standards as defined by I -CAR, Automotive Service Excellence (ASE), and Original Equipment Manufacturer (OEM) recommended repair methods. Certification documentation for the technicians shall be submitted with the proposal for review and evaluation criteria. Subcontractors shall follow the same guidelines as specified in this ITB. 6.0 INVENTORY OF ASSETS 6.1 Assets that may need auto body collision repair services, include, but are not limited to, the inventory listed below: __. Over One (1) Ton � — Up to to 3,000 on -road and 1,600 off -road vehicles and equipment including, but not limited to, the: Types of Equipment Manufacturers Dump Trucks International Heavy -Duty Trailers Freightliner Bucket Trucks Kenworth ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 15 of 36 7.0 80 Off Road Equipment Sterling I Transfer Trucks John Deere Motor Homes Kubota Fuel Trucks Ford Water Tankers Container Trucks and other related types of equipment over 1 ton and other related manufacturers over 'I ton Under One (1) Ton Up to 3,000 on -road vehicles and equipment including trailers, but not limited to, the following manufacturers: Ford GM Dodge Nissan and other related manufacturers under 1 ton CONTRACTOR REQUIREMENTS IN ORDER TO BE EVALUATED 7.1 Contractor shall be completely familiar with the specified requirements and methods needed for proper performance of this contract. 7.2 Contractor shall provide proof of these requirements with submitted proposal (listed in Section 7.0, but not limited to). Shall have controt over the manner and method of performing the services contracted for and by this service Agreement. 7.3 All persons used by the Contractor to perform the Services shall be employees, agents or Subcontractors of the Contractor, and are subject to the direct supervision and control of the Contractor. 7.4 Contractor shall maintain a credible work force daily to ensure progress of the job. 7.5 Contractors shall have a minimum of five (5) consecutive years in the light or light or medium and heavy to heavy-duty equipment and vehicle body collision repair business as well as operating facility for the same timeframe. 7.6 Prospective Contractors must provide qualifications listed in Section 14.2.4, page 8 for each staff by role (structural, non-structural, refinish, electrical/mechanical) proposed to work under this contract. These qualifications may include 1-CAR. ASE, OEM, and/or other certifications/qualifications. 7.8 Contractors' technicians of medium and heavy-duty repair shall have experience and knowledge in the inter working of diesel drivetrains. REQUEST FOR SERVICE REQUIREMENTS 8.1 The City shall issue a Purchase Order (PC) establishing the equipment number, location, schedule, and fee to be paid to the Vendors for each service request to be completed by Contractors. Contractors sha€I perform the Services in accordance with each PO issued by the City. The City may issue an amended a PO to address any changes in the work to be performed after a PO has been issued. 82 Contractors shall respond to written correspondence within 24 hours. ITS 22-0186 Additional Auto Body Collision Repairs and Services Page 16 of 36 9.0 COLLISON REPAIR EQUIPMENT REQUIREMENTS 9.1 Frame System 9.1.1 Contractors shall have an onsite anchoring industry recognized frameistructure multi post pulling post/frame repair machine. Machine shall have the ability for multiple angle pulls. Frame machine is required to produce printable before and after measurements to certify straightening, repair, or replacement items are returned to manufacturer specifications (OEM) and pre -accident condition. Before and after measurement prints shall be provided with the final invoice. 92 Alignment Machines 9.2.1 Contractors shall provide access to alignments either by in -shop industry recognized equipment, or acceptable use of a subcontract Contractors for alignment service. Before and after alignment specifications are required to be printed before and after the measurement. This is to verify the vehicle is back to pre -accident condition and meets manufacture specifications (OEM). Copy of measurements are required to be sent with final invoice. 93 Air Conditioning Repair/Recharging Services 9.31 Contractors shall have an air conditioning refrigerant recycling and charging system that meets all local, federal and state requirements. 9.4 Welding 9.4.1 Contractors shall have appropriate welding equipment for body welding and utilize i-CAR or other industry standard certified welding procedures. Gas welding is not acceptable, no exceptions. 9.4.2 Contractors shall have appropriate welding equipment to perform fabrication abilities on medium and heavy-duty equipment and vehicles. 9.4.3 Contractors shall have appropriate equipment for aluminum welding. 9.4.4 Contractors shall make sure the vehicle computer systems and airbag triggers are disconnected prior to any welding performed. 9.4.5 Contractors shall be responsible for total replacement of the vehicles on- board computers and airbag components damaged due to negligence, by not disconnecting appropriate systems required by the manufacturer and associated repair process before performing welding. 9.5 Vehicle Lifting System 9.5.1 Contractors snail possess a fully functional industry standard equipment lifting system for damage inspections and repair purposes. 9.6 Headlight Aiming 9.6.1 Contractors shall possess a fully functional headlight -aiming tool 1 system. Common methods used includes but not limited to: screen, electronic indicators, or float -type bubble system. ITB 22-0186 Additionaf Auto Body Collision Repairs and Services Page 17 of 36 9.7 Paint Requirement 9.7.1 Contractors shall have industry recognized heavy equipment "extended" sized paint booth system to allow for proper painting applications for trucks/vehicles. 9.7.2 Contractors shall have on -site a complete paint mixing system for color matching requirements. Paint products and painting procedures shall meet manufacturers (OEM) requirements for quality and warranty considerations. 9.8 Mechanical Requirement 9.8.1 Contractors shall complete all mechanical services and repairs, including but not limited to: front and rear suspension, drive train components, air bags, anti -lack brakes, emission and other sensors, steering columns, lights, computer controls and associated wiring, engines, transmissions, final drives; extension slides, hydraulic components, steering motors, that require replacement as indicated on the original written estimate and/or supplement be completed by the awarded Contractors(s) or authorized subcontractor. 9.&2 Contractors shall return all vehicles to pre -accident condition and meet or exceed manufacturer specifications (OEM). 10.0 WARRANTY 10.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 10.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 10.1.2 Upon notification by the authorized City personnel, Contractor agrees to repair or replace promptly, on a one -for -one basis without additional cost to the City of Fort Worth, any and all defective work and products. The Contractor Agrees to repair promptly any defective work and or products covered under written warranty in quote. 10.1.3 This warranty and all other warranties in this purchase shall continue for a period of at least 90 days from date of acceptance of products and work by the City. 10.1 A The Contractor shall remedy at the Contractor's expense any non- conforming or defective products or work. In addition. the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 10.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the C ity. ITB 22-0186 Additionat Auto Body Collision Repairs and Services Page 18 of 36 10.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after the discovery of any failure, defect, or damage. 10.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 10,1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 10.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and rnaterials furnished under this contract, the Contractor shall. 10.2.1 Obtain all warranties that would be obtained in normal commercial practice. 10,2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10-3 The Contractor's warranty shall include all third -party and other aftermarket components which are installed and or supplied by Contractor. 10.4 Contractors(s) shall provide a written warranty as follows: 10.4.1 Auto Body & Collision Parts and Labor — (5) years from the completion of the repair. 10.4.2 Auto Body & Collision Paint — (6) years from the completion of the repair. 10.4.3 Mechanical & Electrical Parts and Labor - Minimum of one (1) year from the completion of repair. 10.4.4 The effective warranty date shall be the date final acceptance of the repaired vehicle by City of Fort Worth. Warranty does not cover normal wear and tear items. 11.0 VEHICLE REPAIRS, iNSTALLATION AND INSPECTION REQUIREMENTS 11.1 Collision Repairs: 11.1.1 Contractors shall guarantee and demonstrate that all structural repairs performed meet or exceed manufacturer (OEM) and/or I -CAR repair specifications. 11.1.2 Contractors shall utilize modern, well -maintained tools which meet manufacturer specified use or I -CAR specified use. 11.1.3 Contractors shall be required to have all frame replacements approved in writing by PMD Acquisition and assigned PMD Fleet Director. 11.2 Glass Removal and Installation: 11.2.1 Contractors shall use OEM or 1-CAR defined glass removal and instafl procedures. Glass service is allowed by the repair facility or through subcontract glass Contractors. Glass urethanes shall meet or exceed manufacturer specifications. Glass shall also meet or exceed OEM safety ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 19 of 36 and integrity. OEM or aftermarket glass which meets or exceeds OEM specifications will be acceptable. 11.3 Quality Control 11.3.1 All installations and fabrications shall be subject to the City's quality control inspection process. All rework shall be performed at no additional cost and in a timely fashion for the City. 11 4 Hidden Damage 11.4.1 During the course of repair, Contractors shall contact the City's representative and/or City's independent appraiser for re -inspection and approval. If additional damages are found that were not included in the original estimate. 11 5 Completed Vehicle: 11.5.1 Contractors are required to contact the City of Fort Worth authorized inspector/appraiser or authorized City of Fort Worth representative for final inspection on completed vehicles) repairs prior to delivery back to the City of Fort Worth. The authorized representative shall inspect the body repairs from the approved estimate and photographs. The invoice shall match the approved estimate. 11.5.2 Contractors shall have the invoice and all other documents associated with the repair signed by the authorized representative as a receipt of approval. If the work is unacceptable, Contractors are required to make corrections in the timeframe required by authorized representative at no additional cost to the City. 11.5.3 Contractors are responsible for the transport from their facility at no cost to the City of Fort Worth to the Fleet Service Center listed in Section 11.12 Rework or corrective repairs will be defined by the City of Fort Worth as a priority repair. 11 5.4 Contractors shall responsible for providing an appropriately licensed driver based on the GVW of the vehicle being returned. 11.5.5 Contractor 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. 11.5.5 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am, 11 6 Appraisal Determination: 11.6.1 The City of Fort Worth reserves the right to determine final repair steps and methodology which meets or exceeds established industry standards. 11.7 Parts Requirement: ITB 22-0186 Additional Auto Body Coflision Repairs and Services Page 20 of 36 11.7.1 Contractors shall follow the directions in the use of Original Manufacturer Equipment (OEM), aftermarket Certified Automotive Parts Association (CAPA certified), or recycled parts either from parts Contractors or City supplied for replacement or repair. For each repair, the Contractors(s) shall provide an invoice listing OEM, CAPA certified aftermarket parts, recycled parts purchased or listed as received from the City of Fort Worth for the assigned vehicle. 11.7.2 Contractors shall keep and provide a shown ability for acquiring recycled parts via part Contractors networks and contacts. 11.7.3 Contractors shall keep all the old parts from the damaged vehicle(s) until an inspection from the City of Fort Worth representative and/or City independent appraiser has been completed and satisfied. Once final inspection is complete, the parts can be disposed of properly by Contractors following all local, state, and federal regulations. The City always reserves the right to acquire any part removed from the vehicle being repaired. The ability to recycle is always recommended by the City as appropriate. 11.3 All parts utilized on collision repairs. on City assets shall be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts must be approved in writing by City PMD Fleet personnel. prior to being utilized by a Contractors. 11.9 Contractors shall utilize new OEM parts which meet or exceed OEM specifications. The City may allow aftermarket, used OEM, rebuilt for remanufactured, or OEM new. 11.10 Vehicle Turn -Around Timeframe: 11.10A Contractors, upon authorization to proceed and receipt of the vehicle, shall have the respective vehicle repaired within the time frame denoted in the written appraisal estimation provided by City of Fort Worth representative or authorized City of Fort Worth representative (independent consultantlappraiser). Request for additional time shall be approved by City of Fort Worth representative and/or authorized City of Fort Worth representative (independent consultant/appraiser). 11.10.2 City of Fort Worth reserves the right to secure services from a secondary Contractors if the awarded Contractors is unable to meet the City of Fort Worth required turn -around time for the repair/restoration services or if the Contractors has four (4) or more vehicles not completed after the specified time frame. Time frame is defined by 3.5 labor hours/day (based on 5-day work week) repair time frame. Subcontract Contractors usage; glass replacement; and repair supplements are allowable time extensions. For time delays or extensions, the Contractors(s) will contact City the of Fort Worth's representative or authorized appraiser for additional approval. i 1.11 Status of Repair Reports: 11.11.1 Contractors shall submit a weekly repair status report to the authorized City of Fort Worth representative with the vehicle number, date received, and a detailed status of each vehicle number and the estimated completion date. Also listed should be any items on hold or other delays ITB 22-0186 Additional Auto Body Collision Repairs and services Page 211 of 3S which need to be made to the attention of the City of Fort Worth representative. 11.12 Service Centers: 11.12.1 Contractors shall deliver completed vehicle a designated service centers list below: 11.12.1.1 Brennan Body Shop 2400 Brennan Ave Fort Worth, TX 76106 11.12.1.2 James Ave Service Center 5021 James Ave Fort Worth, TX 76115 11.12.1.3 !North Service Center 317 HiMshire Dr. Fort Worth, TX 76052 11.12.1.4 Water Service Center 2222 W. Daggett Ave. Fort Worth, TX 76104 11.12.1.5 Southside Service Center 4100 Columbus Trail Fort Worth, TX 76133 11.13 Vehicle Security: 11.13.1 Contractors' facility shall have an indoor or outdoor secure locked parking iot with a security monitoring system. 11.13.2 Contractors are responsible for the security of all City of Fort Worth vehicles while in their possession. 11.13.3 City of Fort Worth reserves the right to assign an independent appraiser to give an estimate for damage that occurred to vehicle while in possession of Contractors. No work shall be authorized without a claim number for accident 'involved vehicles. 11.14 Site Visits: 11,14.1 The City of Fort Worth reserves the right to visit the Contractors' facility at any time after an award has been made for facility and repair inspection on any City of Fort Worth vehicle. 11.15 Invocation of Accident VehicielTransport: 11.15.1 The City will be responsible for ali cost to transport the accident vehicle(s) to the Contractors' facility for repair. 11.1 5.2 The City has the option to deliver or pick-up vehicles as determined. 11.15.3 Contractors shall not charge the City of Fort Worth for storage of vehicles. ITB 22-0186 Additional Auto Body Collision Repairs and Semites Page 22 of 36 12.0 LAWS, REGULATIONS, AND ORDINANCES The Contractor 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 Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 13.0 INVOICING REQUIREMENTS 13.1 The City of Fort Worth has begun implementing an automated invoicing system. 13.2 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. 13.3 Please include the following on the subject line of your e-mail: contractor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc-123456_F W013-0000001234) 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). • 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 Invoices should be submitted after delivery of the goods or services. 13.4 To prevent invoice processing delays, please do not send invoices by mait 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. ITB 22-0186 Additional Auto Body Collision Repairs and Services Rage 23 of 36 13.5 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. 13.6 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 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. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN�Accour,tsPayableafortwortl?texas gov. 13.7 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Contractor's request. 14.0 QUANTITIES 14A The quantities listed on the bid solicitaticn 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. 14.2 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. 14.3 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period The Contractor shall provide written proof of cost increases with price adjustment request. 14.4 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. 14.5 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 14.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 14.7 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. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor 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. 14.8 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 24 of 36 15.1 UNIT PRICES 15,1 Contractor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Contractor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 15.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; 02. Jan 1 — March 31; 03P: April 1 -- June 30; Q4: July 1 — Sepiember 30, 15.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 15 4 The Contractor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 15.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract terra. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 15.6 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. 15.7 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. 15.8 Delivery of goods and/or services shali not be suspended by the Contractor without a 30 day prior written notice to the Purchasing Manager. 159 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 16,0 HAZARDOUS CONDITION The Contractor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 COMPLAINTS ITB 22-0186 Additional Auto Body Collision Repairs and Semites Page 26 of 36 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 items) in the price agreement. ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 26 of 36 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 htip//www.ethics_state,tx.usfforrnsfCl0.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 aright have with the City, state Contractor name in the # 1, use NIA in each of the areas on the form. However, a signature is required in the ##4 box in all cases. i7B 22-01 N Additional Auto Body Collision Repairs and Services Page 27 of 36 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with iocai governmental entity This questionnaire refl2ets changes made to tine lair by H_8- 23, 84th Leg.. Regular Session. OFFICEUSE ONLY This questaoiu air6 'is Laing ;sled in accordance v itli Chapter 176, Local Government Cod-3, by a vendor who Dais Racevz�i has a business relationship as defined by Sactton 976,QG1{1•,aj Mlh a {ocat governmental entity .and the vendor fneem i-egUiramants under Section q76 S6fa;. By law this cp iestloinnaire roust be filed with he rewds administrator of the loca# governmental entity not later than tt's 7th "i iness day after the data to Van nor becom, as aware of facts that I"equirA.the staternent to be fiiad Sea Section i 7S 006,a-1 . Local .Government Code. A vendor corYlmij5 an offense if the vendor Ixio4 ngiy° violates Sacdon 176.006, LocaE Govornment C.4de. Ali vtlense under the secs on is a misd0 ,"f82:"9oi'_ Name of vendor who has a business relationship iWth local governmental entity. 2 El Check this box if you are filing an update to a previously Wed questionnaire. (The law requires that you lean updated wrnpiete°d questionnaire with tfTe appropriate tiling authority : of rater than tfte 7th business .day after the date on which you becarm- aware that the origirtaliy fifed questionnaire was incomplete or inaccurate.} 3 Marne of local government officer about whom the information is being iiisclosed. MA Blame of Officer 4 Describe eacfi employment m other business reiationship with the local government officer; or a family member of the officer, as described by Section 176.003(a)(21AA). Also desedbe any family relationship with the focal government officer. Complete subparts A and 8'for each ermaloymem o; business relationship described. Attach additional pages to this Form CIO as necessary, r A. is the local government officer or a family member of the officer receiving or likely to receive: taxable inocjne, other than investment income; from the veridor? El Yes El No E is the vendw receiving of iikeiy to receive taxabie income, other than investment income. from or aT the direction of the local government oificiar or a family member of the off cer AND the taxable incorne is not received from the local g verninental entity? DYes �No 5 uesoribe each employment air business relationship tihat the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an i ownership interest of one percent or more. I I 6 r" "1 C neck ihisbox if the vendor has.Pen the local government office, or afatniiy member of the offscar one or more gifts as described in Section; 176.003(a)(2)(E), excluding gifts described in Section 176.OMA-1). i� 08/1 1122022 u n ,ra oS vendor doing business Mi11 he jovernmental antfty Dula Form prn\,4dad by Texas Ftl;ics Dorf Ws gQ186 Additional Auto Bo¢,*, jA4@ i4dl[ ..>nd Services Revised 111e2021 Page 28 of 36 CONFLICT OF INTEREST QUESTIONNAIRE For vender doing business with local governmental entity Acomplete copy of Chapter 176of the Local Government Code maybe found at http:f.:www statutes. leg is, stale.tx.us/ Docs/LGlhtm/LG.176.htm. For easy reference, below are some of the sections cited on this foirn. Local Government Code & 176.001(1-a): "Business relationship" means a connection between two or rnore parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by afederal. state; or local governrnontal entity or an agency of a federal, state, or local governmental entity; (5) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or servfces frorn a person that is chartered by a state or federal agency and that is subject to regular examination .by, and reporting to, that agency Local Government Code 176.003 2 A. and 8 L (a) A iocal government officer shalt file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an ernp.loym.entor other business relationship with the local government officer or a family rriamber of the officer that results in the officer or famify member receiving taxable income, other than investment income; that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (H) the local gove.rrmental entity is considering entering into a contract with the vendor; (B) has grvsn to the local government officer or a family merrberof the officer one or more gilts that have an aggregate value of more than $100 in the 12-month period preceding the date th e officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed, or (i.i) the local governmental entity is considering entering into a contract with the vendor. Local Government Pod@_A176.4i36 a}an�14a-t1 ,a) Avendor shall file a. completed conflict or interest questionnaire if the vendor has a business relationship with a local governmental entity arid: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or afamily .member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government, officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(4)(2)(B), excluding any gift described by Section 176.003(a-1); or (3, has a family relationship with a local government officer of that to al governmental entity. (a-1) The completed confVct of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of; (l; the date that the vendor: fA) begins discussions or negotiations to -enter into a contract with the focal governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor Becomes aware: (A) of an employment or other business relationship with a Iccal government officer, or a family member of the officer. described by Subsection (a); (B) that the vendor has g iven one or rnore gifts described by Subsection (a) or (C) of a fa ,rily reationship with a local government officer. (worm provided by Texas EINd�s Cornmiasio)i avrfv:sthics.st.ata.tz.us Re',dsed 4/112021 ITS 22-9186 Additional Auto Body Collision Repairs and Services Page 29 of 35 ATTACHMENT — 8 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: NO What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? ' Ori inating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 10070 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident -employees? — Nonp__ 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)? None 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. WTR, inc. 08/10/2022 (Company Name) (Date) re) (Printed Name and Title ) ITB 22-0186 Additional Auto Body Coilision Repairs and Services Page 30 of 36 ATTACHMENT — C BIDDER'S CONTACT INFORMATION Bidder's Name: VVTR, Inc. Bidder's Local Address 3246 _N . Interstate35 E Phone: 972-224-9236 Fax: 972-224-9235 Name of person assigned specifically for this Agreement: Name/Title Leslie Irvan / General Manager Phone: ` lesI0ercDwtrinc,cg03 Name of persons for renewal information and/or billing questions: Name/Title Leslie Irvan / General Manager Phone: 972-224-9236 Fax: 972-224-9235 Email: leslie wtrinc.com Name/Title Tammy Redmon / Parts Manager Phone: 972-224-9236 Fax: 972-224-9235 Email.- tammyQwtrinc_com - gnature Leslie irvan Printed Name 08/10/2022 Date ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 31 of 36 ATTACHMENT - D BIDDER'S QUALIFICATION QUESTIONNAIRE 1. Has the Contractor ever defaulted on a Contract? Yes X No 2. Are there currently any pending judgements, claims, or lawsuits against the Bidder? Yes X' No 3, Does Bidder currently have any pending claims, judgements or lawsuits against any prior client? ❑ Yes R No 4. Is the Bidder or its principals involved in any bankruptcy or reorganization proceedings? o Yes R No 5. Number of years in business under current company name: 49 Years List any former names your organization has operated under and the timeframe: 6. List materials, tools and equipment necessary to perform auto body collision repair services. (Please attach in separate document and submit with bid) Should any of the items above not be available to use at the time of services, what is your back-up plan? Purchase tools needed Is the Contractor able to provide services within the turn -around time listed in section 11.16-2? X Yes No 8. Is the vendor able to respond to a work order within 24 hours per section 8.2? X Yes No If no, why not 9. is the Contractor able to provide a list of material, tools and equipment necessary to perform auto body collision repair services? Li Yes 4 No W FR, INC has been in business for 49 years and has accumulated If no, why not. a massive number of tools and eguiptment to large to list. 10. Is there Contractor able to empicy personnel, knowledgeable of all phases of medium and light to heavy-duty body repair and restoration services and inspect all repairs to ensure they meet or exceed industry standards as defined by I -CAR, Automotive Service Excellence (ASE), and Original Equipment Manufacturer (OEM) recommended repair methods per Section 7.6? X Yes L No IT5 22-0186 Additional Auto Body Co!iision Repairs and Services Page 32 of 36 11. Is there Contractor able to employ personnel, knowledgeable of all phases of medium and light to heavy-duty body repair and restoration services and inspect all repairs to ensure they meet or exceed industry standards as defined by I -CAR, Automotive Service Excellence (ASE), and Original Equipment Manufacturer (OEM) recommended repair methods per Section 7.6? X Yes E No If no, why not. 12. Please provide Bidder's background, number of years in business, size of bidder's labor pool and bidder's timeframe to provide workers after notification. (Please attach in separate document and submit with bid) Class 8 vehicle estimating since 1978. In business 49 years. We have 11 employees. Repairs will begin within 7 days of aurthoration 13. What is your firm's plan or approach to perform repair services (Please attach in separate document and submit with bid) After Estimate is approved we schedule repair and order parts 14. What is your firm's plan or approach to perform inspection services (Please attach in separate document and submit with bid) When called for inspection we go to customer location and write estimate to be approved 16. Please describe how the supervision of your firm's work crews will be handled. It will be helpful to also include the level of supervision who will be tasked. (Please attach in separate document and submit with bid) Each department has a supervisor that inspects work being done 16. Please describe your firm's method of reporting completed work. (Please attach in separate document and submit with bid) We call or email the CUSIDMIwhen work isccmpleted ITB 22-0186 Additional Auto Body Collision Repairs and Services Page 33 of 36 ATTACHMENT— E REFERENCE LIST Complete and return this form with your bid. The Vendor shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. Company's Name Citv of Arlinaton Name of Contact Mr. Kendall Kramer Title of Contact AO Specialist Present Address PO Box 90231 MS 11-0100 City, Mate, Zip Code Arlin ton Texas 76004 Telephone Number ( 817) 459-5520 Fax Number ( ? Email Company's Name No Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email Metro Fire Apparatus Specialists, Inc. -Mr. Kaleb Hazard SeNice Manager T 625 S_ Wiste-da Suite 121 -- _..-- Mansfield, Texas 76063 ( 817) 467-0911 Fax Number Company's Name City of Garland Name of Contact Jack Yost Title of Contact Service Writer Present Address PCB gnx 6 )D02 ------ _�_. City, State, Zip Code arland. Texas 75040 Telephone Number (972 ) 205-3525 Fax Number ( ) -- Email rTB 22-0186 Additional Auto Body Collision Repairs and Services Page 34 of 36 ATTACHMENT G DOCUMENT CHECKLIST . lrc`uded Page saC1Ei;t[_ Yeslklc,6 I t#urr�pE YES 28 _ J pE ..0 Pl;&CL O1 . - YES 30 YES 34 I, ttach ne.;i '-. le�U[."�u.'�1�: ' i li. z'i�:;f"_- .. YES 32 .. � � ai1t,I,s �iiEw i YES YES 34 �..;Si.y ..: ,.. ilk mfer�'nc,,:: ' l l u-o - o.° ti u NO F", or 3`per i fdD Revised 7.1 1.18eg EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY NAME OF VENDOR: WTR, INC. ADDRESS: 3246 N. INTERSTATE 35 E, LANCASTER TEXAS, 75134 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: Non -Exclusive Vendor Services Agreement WTR, Inc. Page 17 of 17 11/8/22, 12:17 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas PORT WORTH DATE: 10/11/2022 REFERENCE **M&C 22- LOG 13P22-0186 ADDITIONAL AUTO BODY NO.: 0840 NAME: COLLISION REPAIRS & SVS LSJ PMD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Non -Exclusive Purchase Agreements with AutoNation Collision Center/ Ken Nichols Ford LTD, Southwest International Trucks, Inc., and WTR, Inc., for Additional Auto Body Collision Repairs and Services for the Property Management Department for a Combined Annual Amount Up to $1,374,000.00 and Authorize Four Annual Renewals for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive purchase agreements with AutoNation Collision Center/ Ken Nichols Ford LTD, Southwest International Trucks, Inc., and WTR, Inc., for additional auto body collision repair services for a combined annual amount up to $1,374,000.00 for the Property Management Department and authorize four annual renewals for the same annual amount. DISCUSSION: The Property Management (Fleet) Department approached the Purchasing Division for assistance securing an annual agreement for additional auto body collision repair services. Purchasing previously issued Invitation to Bid (ITB) No. 22-0028 which resulted in the award of an annual agreement; however there were not enough Vendors to provide repair services for approximately 4,600 City -owned vehicles and equipment. In order to procure these additional services, Purchasing staff issued Invitation to Bid (ITB) No. 22-0186. The ITB consisted of detailed specifications describing the vendor's responsibilities and requirements for auto body work. The bid was advertised in the Fort Worth Star -Telegram for four consecutive Wednesdays, beginning July 20, 2022 through August 10, 2022. The City received three bids. An evaluation panel consisting of representatives of the Property Management Department reviewed and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Evaluation Criteria F`aF_b[ c I d [—e ,Total AutoNation I ' FI V 1 12 40 F77 Southwest International Trucks 6.6 9.5 8.5 13.3 16 48 WTR, Inc. 6.7 5.7 6.7 , 6.3 38 Best Value criteria: (a) Ability to meet the City's needs; (b) Contractor's approach to perform services; (c) Contractor's experience working with governmental/similar size; (d) Availability of resource to perform services, qualified personnel and equipment; and (e) Cost of service. After evaluation, the panel concluded AutoNation Collision Center/ Ken Nichols Ford LTD, Southwest International Trucks, Inc., and WTR, Inc., presented the best value to the City and therefore, recommends that Council authorize agreements with AutoNation Collision Center/ Ken Nichols Ford LTD, Southwest International Trucks, Inc., and WTR, Inc. Under these non-exclusive agreements, the department will order services according to the lowest cost and availability. No guarantee was made apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30394&cou nciIdate=1 O/11 /2022 1 /3 11/8/22, 12:17 PM M&C Review that a specific amount of services would be purchased. Staff certifies that the recommended vendors' bids met specifications. Funding is budgeted in the Property Management Department's Rollup within the Fleet & Equipment Service Fund. DIVERSITY AND INCLUSION (DVIN) - 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, this agreement shall begin upon execution and expire one year from that date. This agreement will be concurrent with the annual agreement awarded from ITB No. 22-0028. RENEWAL TERMS -This agreement may be renewed for four additional one-year renewal periods. 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. ADMINISTRATIVE CHANGE ORDERS - In addition, 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Fleet and Equipment Service Fund to support the approval of the above recommendation and award of the agreement. Prior to any expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. BQN\\ TO Fund I Department ID Fund Department ID -i Account Project Program Activity ID Account Project Program Activity ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Budget Reference # Amount Year (Chartfield 2) J Budget I Reference # I Amount Year I (Chartfield 21 Reginald Zeno (8517) Dana Burghdoff (8018) Anthony Rousseau (8338) Steve Cooke (5134) Cynthia Garcia (8525) LaKita Slack -Johnson (8314) 13P22-0186 ADDITIONAL AUTO BODY COLLISION.docx (CFW Internal) 22-0186 Approved Waiver.pdf (CFW Internal) AutoNation 1295 form.pdf (CFW Internal) Copy of FID TABLE for Auto Body Collision Bid.xlsx (CFW Internal) FID TABLE Shop Maintenance.xlsx (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30394&cou nciIdate=1 O/11 /2022 2/3 11/8/22, 12:17 PM Form 1295 -WTR Inc 2022.pdf (CFW Internal) Form 1295 SOUTHWEST.pdf (CFW Internal) M&C Review apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30394&cou nciIdate=1 O/11 /2022 3/3