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HomeMy WebLinkAboutContract 59095City Secretary Contract No. 59095 SORTWORTHO NON-EXCLUSIVE SERVICES AGREEMENT This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Industrial Power LLC, a Texas Corporation ("Vendor" or "Contractor"), and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, through ITB No. 23-0001, the City solicited bids to award non-exclusive services agreements to multiple bidders for repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department, on an as needed basis, with an aggregate amount of up to $2,000,000.00 per year for contracts awarded to the successful bidders; WHEREAS, Vendor was one of the successful bidders awarded a contract to provide repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department, on an as needed basis; and WHEREAS, City and Vendor wish to set out terms of Vendor's non-exclusive agreement for repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department, on an as needed basis. NOW, THEREFORE, the parties, acting herein by the through their duly authorized representatives, enter into the following agreement: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Non -Exclusive Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — City's ITB No. 23-0001 5. Exhibit D — Vendor's Bid Response to City's ITB No. 23-0001; 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 repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department, on an as needed basis Non- Exclusive Vendor Services Agreement ITB No. 23-0001 — Industrial Power LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 11 ("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 repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department, on an as needed basis, as outlined in City of Fort Worth Bid Solicitation (ITB No.23-0001), which is attached hereto as Exhibit C, and incorporated herein for all purposes. Vendor further understands that the aggregate amount of all contracts awarded to multiple Vendors under ITB No. 23-0001 shall be an amount not to exceed $2,000,000.00 per year, and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. Vendor's Response to City of Fort Worth ITB No 23-0001 ("Vendor's Response") is attached hereto as Exhibit D, and incorporate herein for all purposes. 2. Term. This Agreement begins on the date the Assistant City Manager signs this Agreement ("Effective Date") and expires one year from the Effective Date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 3. Compensation. 3.1 City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total annual compensation annual under this Agreement will not exceed Two Million Dollars and No Cents ($2,000,000.00). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. Vendor understands and agrees that the aggregate amount of all contracts awarded to multiple Vendors under ITB No. 23-0001 shall be an amount not to exceed $2,000,000.00 per year, and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. 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 Non- Exclusive Vendor Services Agreement Page 2 of 11 ITB No. 23-0001 — Industrial Power LLC has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any Non- Exclusive Vendor Services Agreement Page 3 of 11 ITB No. 23-0001 — Industrial Power LLC 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 OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate 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 Non- Exclusive Vendor Services Agreement Page 4 of 11 ITB No. 23-0001 — Industrial Power LLC 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 Assi ng ment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (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 Non- Exclusive Vendor Services Agreement Page 5 of 11 ITB No. 23-0001 — Industrial Power LLC $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (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. Non- Exclusive Vendor Services Agreement Page 6 of 11 ITB No. 23-0001 — Industrial Power LLC 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager Dana Burghdoff 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Industrial Power LLC Bailey Bible 712 N. Beach Street Fort Worth, TX 76111 Email: Baileyb@iptruck.com 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. Non- Exclusive Vendor Services Agreement Page 7 of 11 ITB No. 23-0001 — Industrial Power LLC 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 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. Non- Exclusive Vendor Services Agreement Page 8 of 11 ITB No. 23-0001 — Industrial Power LLC 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. 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 Non- Exclusive Vendor Services Agreement Page 9 of 11 ITB No. 23-0001 — Industrial Power LLC Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 34. Compliance with Public Information Act Requests. The requirements of Subchapter J,Chapter 552, Government Code, may apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Contractor acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Contractor shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Contractor on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Contractor; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. [SIGNATURE PAGE TO FOLLOW] Non- Exclusive Vendor Services Agreement Page 10 of 11 ITB No. 23-0001 — Industrial Power LLC IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: bZga Wh-62��F By: Dana Bur�23, 2023 AA2 CDT) Name: Dana Burghdoff Title: Assistant City Manager APPROVAL RECOMMENDED: By: Name Title: Steve 7obke (Mar 23, 202316:42 CDT) Steve Cooke Property Management Director ATTEST: By: Name: Title: Jannette S. Goodall City Secretary VENDOR: po�4.oavOoR�oo O��ooF o vo=�aa d �$* 00000 *� �n4 tEXASaAp �Z1Ua644 Industrial Power LLC a a�� By: Name: Bailey Bible Title: Municipal Account Manager Date: , 20 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. 7�vau�e By: c� Denise Garci ar 22, 202319:25 CDT) Name: Denise Garcia Title: Purchasing Manager — Property Management Department APPROVED AS TO FORM AND LEGALITY: By: Name Title: Amar Thakrar Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0067 Form 1295: 2022-966485 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non- Exclusive Vendor Services Agreement Page 11 of 11 ITB No. 23-0001 — Industrial Power LLC EXHIBIT A SCOPE OF SERVICES 1.0 INTENT 1.1 The City of Fort Worth (City) seeks to establish non-exclusive service agreements with multiple vendors for repair services of City -owned Light and Heavy Duty vehicles and equipment and Turf and Marine vehicles and equipment for the Property Management Department (PMD). 2.0 DEFINITIONS city The City of Fort Worth Heavy-duty Vehicles Vehicles with a Gross Vehicle Weight over 10,000 pounds. NAFA Class codes 7000-9000 . Light -Duty Vehicles Vehicles with a Gross Vehicles Weight under 10,000 pounds. NAFA Class codes 1000-4999 . Original Equipment Manufacturer (OEM) (Original Equipment Manufacturer) is a company that supplies equipment to other companies to resell or incorporate into another product using the Vendor's brand name. It also may be used to refer to the company that acquires a product or component and reuses or incorporates it into a new product with its own brand name. Table A Up to 3,000 on road and 1,600 off road vehicles and equipment including, but not limited to: Types of HEAVY & LIGHT Duty Equipment Air Compressors/Equipment Motor Homes Asphalt/Paving Equipment Mowers Boats Off -Road Equipment Bucket Trucks Scissor/Man Lifts Container Trucks Sewer Equipment Dump Trucks Sweepers Fire Trucks Trailers (heavy and light) Fork Lifts Tracker Fuel Trucks Transfer Trucks Generators/Power Generation VIP Units Watercraft Golf Carts Water Tankers Heavy -Duty Trailers Vendor Services Agreement Manufacturers including, but not limited to: Acura Lexus Allison Lincoln Altec Mack Artic Cat Mazda Aquatech M&D Bendix Mercedes/ Sprinter Bertram Meritor Big Tex Metro BMW Mitsubishi Boston Whaler Muncie Buick National Crane Caddo Manufacturing New Holland Cadillac Nissan Champion Onan Generators Chaparral Peterbilt Chevrolet Pierce (Fire Apparatus) Cub Cadet Pioneer Cummins Pipehunter/ Jeteye Custom- Chris Trim Progard Custom- Lawhon Ram Custom- Tommy Gate Rivian Custom- Youngs ROM Corp Delta Rigging Rosenbauer Detroit Scag Dodge Snapper Doosan Spartan Duetz Spitzlift Eaton Sterling E-One Stellantis (Chrysler) Ford Subaru Freightliner Tennant GMC Terex Honda Texas Steer Husqvarna Toro Hyundai Toyota Infiniti Tracker International Twister Interstate Trailers Vac -Con Isuzu Vactor Jacobsen Verneer JCB Versalift Jeep Volkswagen JLG Volvo Vendor Services Agreement John Deere — Green (AG) John Deere (yellow iron) Kawaski Kenworth Kia Kobelco KTM Kubota WABCO Wacker Whelen White River Marine Yamaha Zodiac Zodiac Nautic 2.1 PMD will use this agreement for service, repair, maintenance and the purchase of parts for light duty, heavy duty, turf and marine vehicles and equipment listed, but not limited to, in Table A, on an as needed basis. 2.2 Vendor shall price parts and labor for the services and list of OEM brands per Exhibit B of this agreement. 2.3 Vendor shall provide unit prices for listed items. Unit prices shall include all associated cost unless specified in Exhibit B, not limited to delivery, fuel and handling charges. No additional charges will be accepted or paid by the City. 2.4 The City will ensure that vehicles and equipment will have a minimum of a quarter (1/4) tank of fuel when dropped off for service. 2.5 All items supplied under the Agreement shall be of recent production, unused, and suitable for their intended purpose. 2.6 Vendor may charge an hourly non -warranty labor rate per service, a cost "+" for parts, a diagnostic fee (detailed out), and any applicable transportation fees (Pick- up & Delivery Inclusive), if any. There are no guarantees the City will accept or be held financially responsible, or liable for costs outside of labor and materials/parts if the submitted pricing is deemed excessive by the evaluation panel. 2.7 The City may pay for subcontractor/sublet items at sublet cost plus (+) as stated in Exhibit `B". 2.8 Vendor shall provide detailing services, such as, but not limited to: washing, waxing and polishing. 2.9 Vendor shall be authorize by PMD Fleet Supervisor or designated personnel to diagnose, repair and service vehicles and equipment for the City of fort Worth's (the "City") Fleet of vehicles and equipment. Vendor Services Agreement 3.0 QUALITY OF SERVICE AND WORK 3.1 Vendor shall provide the City an acceptable level of service in terms of cost, time and workmanship. Upon return and inspection of services completed, PMD Fleet personnel will notify the vendor if any issues regarding the services or parts are found to be unsatisfactory. 3.2 Vendor will be given opportunity to correct. Failure of vendor to correct services or parts to a satisfactory condition will be considered grounds for terminating any agreement between said vendor and the City. 3.3 Vendor shall be required to perform the work using the most up-to-date and appropriate methods available for said work under industry standards. This includes, but is not limited to, all suitable repair equipment and parts to insure the satisfactory execution of any repair or installation. 3.4 Vendor shall respond and supply requested materials or services required during regular business hours within the response time (DELIVERY) from receipt of request in the proposals solicitation page or less including shipment by mutual agreement form, the time the original request is made. 3.5 Vendor shall provide the City priority service, as many City vehicles are utilized for public safety and emergency response. Expeditious turn -around is critical to City operations. However, additional fees for priority services are prohibited. 4.0 RESPONSE TIMES AND LOCATIONS 4.1 Vendor shall respond to written correspondence within 24-48 hours. 4.2 Vendor, that provide delivery service, shall return 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 Services Center Supervisor(s) or their designee. 4.3 After hours shall be considered from Friday at 9:31 p.m. through Monday at 6:59 a.m. 4.4 Fleet Service Center locations: Vendor Services Agreement Service Center Location Brennan Body Shop 2500 Brennan Street; Fort Worth, TX 76106 James Avenue Service Center 5021 James Avenue; Fort Worth, TX 76115 Northside Service Center 301 Hillshire Drive; Fort Worth, TX 76131 Southside Service Center 4100 Columbus Trail; Fort Worth, TX 76133 Water Service Center 2222 West Daggett; Fort Worth, TX 76102 5.0 PARTS 5.1 All parts utilized in repairs, replacements or installations on City vehicles and equipment must be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts can be considered, but must be approved in writing by City PMD Fleet personnel prior to being utilized by a vendor. 5.2 Vendor shall warranty and/or guarantee all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure to operate satisfactorily. 5.3 Each product shall be constructed to the highest industry standards. Products manufactured of poor workmanship will not be accepted. The City reserved the right to supply parts as the City determines is necessary. 5.4 Vendor may charge a cost plus (+) for parts. The cost should be available for review by the City as requested. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/parts if the submitted pricing was deemed excessive by the evaluation panel. 6.0 ESTIMATE 6.1 Vendor shall be required to provide written or electronically produced estimates to PMD Fleet personnel before the start of any work. The estimates must be Vendor Services Agreement emailed to the PMD Fleet employee(s) and/or PMD Fleet facility location which requested the services to be completed. 6.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email with the purchase order number prior to work being performed. Verbal approvals should not be considered. 6.2.1 Fleet shall create necessary work order for tracking. 6.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet. 6.2.3 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non - warranty. 6.2.4 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 6.2.5 Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 6.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to be performed until a purchase order has been issued in writing from PMD Fleet Division. This ensures proper tracking and documentation are in place for the Vendor and the City. 6.3 Final invoices submitted to the City for work performed should always match the final estimate received by the City. All revised estimates must be approved in writing prior to billing. 6.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate provided by the Vendor to the City shall state `Warranty Service'. 6.5 All estimates provided by vendors will be quoted on a `time and materials' basis unless the service is subcontracted, adherence to the agreed upon contract rate(s) and itemized to illustrate the cost of each of the following, if applicable, to the service or work performed: 6.5.1 Estimates shall include number of and cost of part(s) to be installed. Vendor Services Agreement 6.5.2 Estimates shall include cost of labor to perform repair and/or installation; itemized by number of labor hours per labor line.Estimates shall include itemized inspection/diagnostic fees. 6.5.3 Transportation fees, if any, Pick-up & Delivery Inclusive. 6.5.4 Miscellaneous shop fees will not be allowed. These costs should have been broken down in Labor, Parts, or established fees defined in the bid lines. This should be considered only when bidding applicable costs in the other time and materials categories. 6.6 Fleet shall create necessary work order for tracking. 6.7 Vendor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet. 6.8 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non -warranty. 6.9 Warranty and billable repairs shall be on separate estimates(s) / invoicing in ALL cases. 6.10 PMD Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 6.11 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost associated to the City are NOT to be performed until a purchase order has been issued in writing from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and the City. Vendor Services Agreement EXHIBIT B FORTWORTH. ORTH. PRICING UB ITTAL Evennt ID P3gE UW01- 23 -0001 Event Round mminn 1 1 Event Name ITV Hen & Light Duty,Marine & Turf Vehicle Repairm Start Tine Finish Tine 10 26 2022 04=00=0a CIDT 12 Dl 2022 13.3D=D0 CbT Invited: PUBLIC EVENT Submit To: City of Furl Warth FINANCIAL MANA-GEME14TSERVICES FINANCE- City Hall Purchasing 20D Texas St. (Lower Level Rm 1500) Fart Worth TX 70102 14 United Slates Email: FMSPurchasingResponses- fartworthtexas.gov Line: 1 Description: Qty Unit UnitFFice Total HEAVY DUTY- Hourly 5haprRate, Man- 10M.00 HR Fri 7 am -OM pm 145,OM Line: 2 Description: Qty Unit UnitFFice Total LIGHT DUTY - HDudyr Slnop Rate, Morn -Fri 1GM.00 HR 7arn-9:30pm 135.(0 1,35,000 Line: 3 Description: Qty Unit UnitPrice Total HEAVY DUTY Hlo riy Field Raie, Mon -Fri 500_GO HR 7 am -0:30 pm 155.00 177,500 Line: 4 Description: Qty Unit UnitPrice Total LIGHT DUTY Hourly Field Rate, Man -Fri 5M-1M HR 7am-Q:30pm- 1145-00 72,500 Line: 5 Description: Qty Unit UnitPrice Total H EAVY DL TY- Shop HDuriy Latxx Rate, After 2M_DO HR Hoes (Frkdayk m 0:31 pm through Monday at 8:5$ Hclidayrs, Y�eekends 1175. OiI 5.000 am), Line: B Description: Qty Unit UnilPrioe Total LIGHT DUTY- Shop Hourly Labor Rate, Auer 200_D0 EA Hours (Frc.ayirorn 0:31pm through Monday 5:52amr Holidays, Weekends 1 5.00 3.000 . Line: 7 Description: Qty Unit UnilPrioe Total HEAVY DUTY-TranspertAion Fee (Pick-up 100_00 EA & Delivery I ndusive) tf applicable_ Round TrTrip30 3 13,000 Line: 5 Description: Qty Unit UnilPrioe Total LIGHT DUTY- TraFr4m Cation Fee i Pick-up & 100_a0 EA Deiruery Indusive) If applicable, Round Trip 0.00 13,000 EXHIBIT B PRICING SUBMITTAL Invited: PUBLIC EVENT Subrnit To: City of Fort Warth art Time Finish Time I FINANCIAL MANAGEME14T SERVICES ;f2g}2922 07:00:00 CGT 12101/2022 13AD:DO CET FINANCE- City Hall Purchasing 20D Texas St. (Lower Level Rm 151313) Fort Worth TX 7ti 1132 14 United Slates Email: FMSPurchasingResponses•fortworthl,exas.gou Line: Q Description: Qtw Unit UnitNice Total Washing, Waxing. Polishing 160.00 EA Line: 10 Description: Qty Unit UnitPrics Total HEAVY DUTY- Parr Coat (+� % Markup{Apply 250J000.00 EA Mark Up Percentage laid To $250,000 To Obtain Correct Sun_ Example: 2513,000 X 10% --25,000; 250,000 + 25000= 275,000j 5% 1287,500 Lime: 11 Description: Qtw Unit UnitPrice Total LIGHT DUTY, Parts- Cost (+) % Markup. �Applk .250.000.00 EA _ Mark Up Pence Bid To �250,000 To Obtain 15% 1287,500 Ccn-ect Sum. Example: 250,000 X 10%=26,000: 260,000 +2ff,000= 275,000) Line: 12 De Qty Unit Un itPrice Total LIGHT DUTY- SubContrac rig_ Cost f+} % Markup. (Apply Mark Up Percentage Bid To $15U00 125,000.00 EA 125 1 0, [ To Obtain Cci"w-.t Sun- Example: 125,000 X 10% r0D0 =12,500: 12.5,000+ 12.5110= 137.500) Line: 13 Un itNioe Total Description: Qtw Unit HEAVY DUTY - SubContradrig, Cost (+) % 12!5,000-00 EA 000 Markup- (Apply Mark Up Percentage Bid Ta;125,000 1 50,()()o To- Obtain Camect Sum. Example: 125,000 X 10% = 12,5N; 125,000+ 12,500= 137,500) Total Bid Amount 1,390.25 Freight Charges - Actual + 1 D % markup Items not listed abDWe will be offered at a markup of 20 % A parts and replacement parts may be added on an as needec basis throughout the life of the agreement, therefore_ the Dceershall submit a prig list form available items with their bia subm Rai.) A bid af'0'wi be irr*Fpreted by the City as a no-charge(free) item and the City will nut expectto pay fbr that item. A bid of'nc bid or nD Fegxme (spare left blank) will be interpreted by the City that the C ffercr does not wish tc bid on that Vim. Be advised. a'nobid' or no response may be considered as non sine and may result in disqualifratian of this bid. F.xhihit R Price Schedule (Addendum 2 includes pricing to be considered for Freight Charges -as highlighted below) 2. Freight charges shall be reimbursed to the Vendor on cost + 10% markup basis. A10. Shop fees (IE Haz Mat, disposal and or environmental fees, machine fees, battery tax PC flat rate charges) should be billed at 5% of total labor but not to exceed $100. Freight charges should be bid at cost + _%. FORTWORTH ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIRS PURCHASING DIVISION ADDENDUM NO. 2 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: December 1, 2022 (UNCHANGED) DATE ISSUED: November 15, 2022 ITB No. 23-0001, issued October 26, 2022, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text, on page 2 and 3. Freight charges shall be reimbursed to the Vendor on cost + _% markup basis. 3. The Price Submittal is revised to add freight charges and is attached in full text on page 4 and 5 of this addendum. All other terms and conditions remain unchanged. Taylor Dean BUYER II . ................................................... By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: Industrial Power LLC. SIGNATURE: CSC CS1'x4e4' NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Questions and Answers Q1. Is a vendor registration number needed? Al. A vendor registration is not needed in order to complete the bid response. If one cannot be provided, please add "N/A". During the awarding process, the vendor will be then be reached out to with City of Fort Worth vendor registration instructions. Q2. How are heavy and light duty vehicles defined? A2. Please see page 14, Section 6.0 Definitions. Light duty vehicles are vehicles with a gross vehicles weight under 10,000 pounds. NAFA class codes (1000-4999). Heavy duty vehicles are vehicles with a gross vehicle weight over 10,000 pounds. NAFA class codes (7000-9000). Q3. On page 14, Section 7.0 Types of Vehicles and Equipment, VIPs are listed. Can VIPs be confirmed? A3. VIP is a boat manufacturer. Q4. As prices are constantly fluctuating, how will price changes be handled? A4. Please see Page 19, Section 16.0 Unit Price Adjustment. The Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Please see section 16.2 for the City's Fiscal year quarters. Q5. For clarification, are line items 7 and 8 hauling fees? A5. Item lines 7 and 8 are defined for the transport of any vehicle by hauling means or being driven to and from a vendor. Q6. How many units does the Department have regarding scissors and forklifts? A6. The Department has 40 Fork lifts of varying sizes and 19 manlifts/of various types. Q7. A Vendor will be bidding on multiple items in the Bid ITB 23-0001. They have different labor rates in regards to Heavy Duty On -Highway vs Electrical Field Service work for compressors, generators or off -highway equipment. How and where should these be separated? Specifically lines 1 through 8 are being reviewed. A7. An attachment should be added to the bid with all cost and services the Vendor can offer. Q8. In regards to parts pricing Lines 10 through 13. A Vendor will be bidding on multiple lines of parts from Detroit to Allison and many others to include Cummins, Bendix, etc. etc. These parts will be priced differently so as the Vendor can be competitive and in addition to give the City of Ft. Worth the best prices possible. For instance, each part group from Detroit, Allison, Cummins and Deutz will have separate cost + percentages. How and where should this be broken down and separated? Should an attachment be added to the bid so as to accommodate all that the Vendor can offer? A8. Yes, add an attachment to the bid with all cost and services the Vendor can offer should be added. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 2 of 5 Q9. On Line 1. So as to be clear and submit correctly, you are requesting that the Vendor puts in their hourly labor rate in Unit Price and then multiply that by the qty of 1000.00 to obtain a total to submit? A9. The Vendor shall add their hourly labor rate in the Unit Price and then multiple that quantity by 1,000.00 in order to obtain the Total. Q10. How should shop items and freight be handled? Should freight have its own line item, or should freight be included in all items, per the bid (page 12, Section 1.5) A10. Shop fees (IE Haz Mat, disposal and or environmental fees, machine fees, battery tax PC flat rate charges) should be billed at 5% of total labor but not to exceed $100. Freight charges should be bid at cost + _%. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 3 of 5 EXHIBIT C CITY'S ITB No. 23-0001 (RFP No. 23-0001, Pages Follow) Non- Exclusive Vendor Services Agreement ITB No. 23-0001 — Industrial Power LLC FORT WORTH. COVER PAGE EventlD Page CFW01-23-0001 1 Event Round Version 1 1 Event Name IT3 Heavy & Light Duty, Marine & Turf Vehicle Repairs Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids to finalize an Agreement for additional repairs on heavy and light duty, marine and turf vehicles for the Property Management Department on an "as needed" basis. Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information Assigned Buyer: Heather Oakes A pre -bid conference will be held in person and via Webex on Wednesday, November 9, 2022, at 10:00 AM (Local Time). Attendance at pre -bid conferences is not mandatory but strongly encouraged. In -Person City Hall 200 Texas St. Fort Worth, TX 76102 City Managers Conference Room #380. Located on the 3rd Floor at the North end of the building Webex Meeting Phone Number: 469-210-7159 Meeting number (access code): 2551 775 5797 Meeting Password: TuEipmYZ728 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j php?MTI D=mba8d42af3b923105199cd06cc344a352 Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., December 1, 2022, and then publicly opened and read aloud around 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER AND BIDDER COMPANY NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand -delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 23-0001 ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date. Solicitation Documents: Cover Page Bid Submission Signature Page* Bid Solicitation** Part 1 Instructions Part 2 Scope of Services/Specifications Attachment A- Conflict of Interest Disclosure Requirement** Attachment B - Consideration of Location of Bidder's Principal Attachment C - Vendor's Contact Information — Attachment D - Draft Vendor Service Agreement, attached as Attachment E — Vendor Qualification Questionnaire' Attachment F - Documentation Checklist ** Place of Business*" (if applicable) separate document **Required to be completed and submitted. See Section 14.2, Part 1 for all required documents that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non -responsive to the specifications FORT WORTH. BID SUBMISSION SIGNATURE PAGE EventlD Page CFW01-23-0001 3 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Re_ Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 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. Legal Company Name: _ Company Address: City, State, Zip: Vendor Registration No.: Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number (FID): Will agreement be available for Cooperative Agreement use'? Yes No ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 2 of 33 FORT WORTH® PRICING SUBMITTAL Event ID Page CFW01-23-0001 4 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total HEAVY DUTY - Hourly Shopr Rate, Mon- 1000.00 HR Fri 7 am -9:30 pm Line: 2 Description: LIGHT DUTY - Hourly Shop Rate, Mon -Fri 7am-9:30pm Qty Unit UnitPrice 1000.00 HR Total Line: 3 Description: Qty Unit UnitPrice Total HEAVY DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7 am -9:30 pm Line: 4 Description: Qty Unit UnitPrice Total LIGHT DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7am-9:30pm- Line: 5 Description: Qty Unit UnitPrice Total HEAVY DUTY- Shop Hourly Labor Rate, After 200.00 HR Hours (Friday from 9:31 pm through Monday at 6:59 am), Holidays, Weekends Line: 6 Description: Qty Unit UnitPrice Total LIGHT DUTY- Shop Hourly Labor Rate, After 200.00 EA Hours (Friday from 9:31pm through Monday 5:59am), Holidays, Weekends Line: 7 Description: Qty Unit UnitPrice Total HEAVY DUTY- Transportation Fee (Pick-up 100.00 EA & Delivery Inclusive) If applicable, Round Trip Line: 8 Description: Qty Unit UnitPrice Total LIGHT DUTY- Transportation Fee (Pick-up & 100.00 EA Delivery Inclusive) If applicable, Round Trip ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 3 of 33 FORT WORTH® PRICING SUBMITTAL Event ID Page CFW01-23-0001 5 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Washing, Waxing, Polishing 150.00 EA Line: 10 Description: Qty Unit UnitPrice Total HEAVY DUTY- Parts- Cost (+) % Markup. (Apply 250,000.00 EA Mark Up Percentage Bid To $250,000 To Obtain Correct Sum. Example: 250,000 X 10%=25,000 250,000 + 25000= 275,000) Line: 11 Description: Qty Unit UnitPrice Total LIGHT DUTY, Parts- Cost (+) % Markup. (Apply 250,000.00 EA Mark Up Percentage Bid To $250,000 To Obtain Correct Sum. Example: 250,000 X 10%=25,000; 250,000 + 25,000= 275,000) Line: 12 Description: Qty Unit UnitPrice Total LIGHT DUTY- SubContracting, Cost (+) % 125,000.00 EA Markup. (Apply Mark Up Percentage Bid To $150,000 To Obtain Correct Sum. Example: 125,000 X 10% =12,500; 125,000 + 12,500= 137,500) Line: 13 _ UnitPrice Total HEAVY DUTY - SubContracting, Cost (+) % 125,000.00 EA Markup. (Apply Mark Up Percentage Bid To $125,000 To Obtain Correct Sum. Example: 125,000 X 10% _ 12,500; 125,000 + 12,500= 137,500) Total Bid Amount: Items not listed above will be offered at a markup of % (All parts and replacement parts may be added on an as needed basis throughout the life of the agreement, therefore, the bidder shall submit a price list for all available items with their bid submittal.) A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of this bid. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 4 of 33 PART-1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location for the Purchasing Division is 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 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 email — FMSPurchasing Responses(cD_fortworthtexas.gov 2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. 3.0 UNAUTHORIZED COMMUNICATIONS — Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Senior 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 Rc ki d 6.U'2 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 5 of 33 from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this ITB. 4.0 PREBID CONFERENCE — 4.1 A pre -bid conference will be held at 10 AM Wednesday, November 9, 2022, at City Hall at 200 Texas St, Fort Worth, TX 76102. There will be a WebEx meeting for potential bidders that are unable to attend the pre -bid meeting in person. To join the Pre -bid via WebEx, please see Cover Page for details. Attendance at pre -bid conferences is not mandatory but strongly encouraged. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES - The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 7.0 TAXES - Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for refection. Rc i,cd 6A2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 6 of 33 9.0 PRICES/PERCENTAGE MARKUP 9.1 Bid prices and percentage markup (if applicable) shall be firm offers unless otherwise specified. Pricing and percentage markup (if applicable) shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 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 BI 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be "Net 30 Days" from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at https://www.fortworthtexas.gov/departments/finance/purchasing/ach 14.0 SUBMISSION OF BIDS 14.1 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; R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 7 of 33 14.2.3 Bidders shall provide three (3) references from projects similar in nature, size and scope completed or undertaken in the last two years. Vendor shall not list the City of Fort Worth as a reference. Letters shall include the following items. 14.2.3.1 Company letterhead, including contact information 14.2.3.2 Number of years working with Bidder. 14.2.3.3 Brief explanation of customer's satisfaction and recommendation of Bidder. Please provide a rating for 1-5. One (1) being unlikely to recommend and unsatisfied, and five (5) highly satisfied and highly recommended 14.2.3.4 Brief explanation on likeliness to work with Bidder again. One (1) being unlikely to continue to use firm and five (5) highly likely to use firm again. 14.2.4 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. 14.2.5 Bidder's background, number of years in business, size of bidder's labor pool. 14.2.6 A detailed performance plan that outlines the method to be used to ensure that the needs of the City will be met. 14.2.7 A completed and signed original Conflict of Interest Questionnaire, Attachment A 14.2.8 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. 14.2.9 A completed and signed Vendor Contact Information, Attachment C. 14.2.10 A completed Vendor Qualification Questionnaire; Attachment E. 14.2.11 Signed Addendum(s) acknowledging receipt 14.2.12 Scanned copy of all documents listed in Section 14.2, Part 1. 14.2.13 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. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 8 of 33 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. 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; R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 9 of 33 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 20.0 POST -BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Division Documents: If a Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 The Vendor must submit any protest in writing to the Senior Purchasing Manager within 14 days after the Vendor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Senior Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Senior Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Senior Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 10 of 33 of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded 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 R-i,cd 6A9 2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 11 of 33 PART — 2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize a non-exclusive agreement with multiple vendors for repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department on an "as needed" basis. Prospective responding bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as "Contractor"/"Vendor." 1.2 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. 1.3 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 is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by the City. 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 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 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 October 26, 2022 Pre -Bid Conference November 9, 2022 Deadline for Questions November 10, 2022 at 5PM Local Time Answers Posted November 15, 2022 ITB Responses Due Date AT 1:30 p.m. Local Time December 1, 2022 R-kW 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 12 of 33 Recommended Vendor Selection December 2022 Mayor and Council Consideration January2023 Contract Execution February2023 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 VENDOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.1 The Vendor shall: 4.1.1 Have a minimum of two (2) years of experience conducting services similar or related to the Scope of Services. 4.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone within 75 miles of City Hall, 200 Texas Street. 5.0 METHOD OF AWARD 5.1 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: 5.1.1 Meets all the requirements listed in Section 5, Part 2. 5.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 5.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 5.3 The following criteria will be used to determine the best value: 5.3.1 Cost of service — up to 35 points 5.3.2 Vendor's Qualifications, Experience, and References — up to 30 points 5.3.3 Availability of resources to provide services (personnel) — up to 20 points 5.3.4 Vendor's approach to perform services — up to 15 points 5.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 5.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 13 of 33 5.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 5.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 5.8 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. 5.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the Attachment to determine whether Local preference will apply to the award. DEFINITIONS City The City of Fort Worth Heavy-duty Vehicles Vehicles with a Gross Vehicle Weight over 10,000 pounds. NAFA Class codes (7000-9000). Light Duty Vehicles Vehicles with a Gross Vehicles Weight under 10,000 pounds. NAFA Class codes (1000-4999). Original Equipment (Original Equipment Manufacturer) is a company that supplies equipment to Manufacturer (OEM) other companies to resell or incorporate into another product using the Vendor's brand name. It also may be used to refer to the company that acquires a product or component and reuses or incorporates it into a new product with its own brand name. 7.0 TYPES OF VEHICLES AND EQUIPMENT Up to 3,000 on -road and 1,600 off -road vehicles and equipment including, but not limited to: Types of HEAVY & LIGHT Duty Equipment Air Compressors/Equipment Motor Homes Asphalt/Paving Equipment Mowers Boats Off -Road Equipment Bucket Trucks Scissor/Man Lifts Container Trucks Sewer Equipment Dump Trucks Sweepers Fire Trucks Trailers (heavy and light) Fork Lifts Tracker Fuel Trucks Transfer Trucks Generators/Power Generation Units VIP Golf Carts Watercraft Heavy -Duty Trailers Water Tankers R-kW 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 14 of 33 8.0 MANUFACTURERS Manufacturers including but not limited to: Acura Eaton Lexus Scag Allison E-One Lincoln Snapper Spartan Altec Ford Mack Spitzlift Artie Cat Freightliner Mazda Sterling Aquatech GMC M&D Stellantis (Chrysler) Bendix Honda Mercedes/ Sprinter Subaru Bertram Husgvarna Meritor Tennant Big Tex Hyundai Metro Terex BMW Infiniti Mitsubishi Texas Steer Boston Whaler International Muncie Toro Buick Interstate Trailers National Crane Toyota Caddo Manufacturing Isuzu New Holland Tracker Cadillac Jacobsen Nissan Twister Champion JCB Onan Generators Vac -Con Chaparral Jeep Peterbilt Vactor Chevrolet JLG Pierce (Fire Apparatus) Verneer Cub Cadet John Deere — Green Pioneer Versalift Cummins (AG) Pipehumer/ Jeteye Volkswagen Custom- Chris Trim John Deere (yellow iron) Progard Volvo Custom- Lawhon Kawaski Ram WABCO Custom- Tommy Gate Kenworth Rivian Wacker Whelen Custom- Youngs Kia Kobelco ROM Corp White River Marine Delta Rigging Rosenbauer Yamaha Detroit KTM Zodiac Dodge Kubota Zodiac Nautic Doosan Duetz 9.0 VENDOR RESPONSIBILITIES — Vendor shall 9.1 Provide the City with an acceptable level of service in terms of cost, time, and workmanship. Upon return and inspection of services completed, PMD Fleet personnel will notify the vendor if any issues regarding the services or parts are found to be unsatisfactory. Vendor(s) will be given the opportunity to correct. Failure of the vendor to correct services or parts to a satisfactory condition will be considered grounds for terminating any agreement between said vendor and the City. 9.2 Be required to perform the work using the most up-to-date and appropriate methods available for said work under industry standards. This includes, but is not limitedto, all suitable repair equipment and parts to insure the satisfactory execution of any repair or installation. 9.3 Provide the City priority service, as many City vehicles are utilized for public safety and emergency response. Expeditious turn -around is critical to City operations. However, additional fees for priority services are prohibited. 9.4 Receive written authorization from PMD Fleet Supervisor or designated personnel before diagnosing, repairing, and servicing vehicles and equipment for the City of Fort Worth's (the "City") Fleet of vehicles and equipment. R­ki d 6.U'2 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 15 of 33 9.5 Vendors are encouraged to provide industry training and certification documentation on their personnel. Certifications could include, the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. 10.0 RESPONSE TIMES AND LOCATIONS 10.1 Vendor shall respond to written authorization within 24-48 hours. 10.2 Vendor shall respond and supply requested materials or services required during regular business hours within the response time (DELIVERY) from receipt of request in the proposals solicitation page or less including shipment by mutual agreement from the time original request is made 10.3 Vendors, which provide delivery service, shall return 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 10.4 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am. 10.5 Fleet Service Center locations: Service Center Location Brennan Body Shop 2500 Brennan Street, Fort Worth, TX 76106 James Avenue Service Center 5021 James Avenue, Fort Worth, TX 76115 Northside Service Center 301 Hillshire Drive, Fort Worth, TX76131 Southside Service Center 4100 Columbus Trail, Fort Worth, TX 76133 Water Service Center 2222 West Daggett, Fort Worth, TX 76102 11.0 PARTS 11.1 All parts utilized in repairs, replacements or installations on City vehicles and equipment must be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts can be considered but must be approved in writing by City PMD Fleet personnel prior to being utilized by a vendor 11.2 Vendor shall warranty and/or guarantee all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure to operate satisfactorily. Each product shall be constructed to the highest industry standards. Products manufactured of poor workmanship will not be accepted. 11.3 The City reserves the right to supply parts as the City determines is necessary. 11.4 Vendor may charge a cost plus (+) for parts. The cost should be available for review by the City as requested. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts if the submitted pricing is deemed excessive by the evaluation panel. R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 16 of 33 12.0 ESTIMATES 12.1 Vendor shall provide written or electronically produced estimates to PMD Fleet personnel before the start of any work. The estimates must be emailed to the PMD Fleet employee(s) and/or PMD Fleet facility location who requested the services to be completed. 12.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email with the purchase order number prior to work being performed. Verbal approvals should not be considered. 12.2.1 Fleet shall create the necessary work order for tracking. 12.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet. 12.2.3 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non -warranty. 12.2.4 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 12.2.5 Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 12.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to be performed until a purchase order has been issued in writing from PMD Fleet Division. This ensures proper tracking and documentation are in place for the Vendor and the City. 12.2.7 Vendor may charge an hourly non -warranty labor rate per service, a cost "+" for parts, a diagnostic fee (detailed out), and any applicable transportation fees (Pick-up & Delivery Inclusive), if any. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts if the submitted pricing is deemed excessive by the evaluation panel. 12.2.8 The City may pay for sub -vendor/ sublet items at sublet cost plus (+) on the Vendors bid submission. 12.3 Final submitted invoices submitted to the City for work performed should always match the final estimate received by the City. All revised estimates must be approved in writing prior to billing. 12.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate provided by the Vendor to the City shall state 'Warranty Service'. 12.5 All estimates provided by vendors will be quoted on a `time and materials' basis unless the service is subcontracted, adherence to the agreed upon contract rate(s) and itemized to illustrate the cost of each of thefollowing, if applicable, to the service or work performed. 12.5.1 Estimates shall include number of and cost of part(s) to be installed. 12.5.2 Estimates shall include cost of labor to perform repair and/or installation; itemized by number of labor hours per labor line. 12.5.3 Estimates shall include itemized inspection/diagnostic fees. 12.5.4 Transportation fees, if any, Pick-up & Delivery Inclusive. Rc i,cd 6A9 2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 17 of 33 12.5.5 Miscellaneous shop fees will not be allowed. These costs should be broken down in Labor, Parts, or established fees defined in the bid lines. This should be considered when bidding applicable costs in the other time and materials categories. 12.5.6 Travel charges for mobile services will be considered and must be itemized. Standard flat fees will not be considered. 12.6 Fleet shall create necessary work order for tracking 12.7 Vendor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet 12.8 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non -warranty. 12.9 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 12.10 PMD Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 12.11 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost associated to the City are NOT to be performed until a purchase order has been issued in writing from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and the City. 13.0 WASHING AND INTERIOR DETAILING 13.1 Standard wash, and wax of the exterior of everyday vehicles. Clean the vehicle's interior dash, doors, and console, of any dust and trash. Vacuum front and back floorboards. 14.0 LAWS, REGULATIONS, AND ORDINANCES 14.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 15.0 INVOICING REQUIREMENTS 15.1 The City of Fort Worth has begun implementing an automated invoicing system. 15.2 The Vendor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(a�-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. 15.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 15.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: Rc i,cd 6A9 2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 18 of 33 • 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. 15.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices(cDfortworthtexas.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 AccountsPavable(cDfortworthtexas.aov. 15.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 15.7 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 Vendor's support. If Vendor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN AccountsPavable(c fortworthtexas.gov. 15.8 Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request 16.0 UNIT PRICE ADJUSTMENT 16.1 Vendor 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 Vendor. 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. 16.2 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. R-i,cd 6A9 2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 19 of 33 16.3 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. 16.4 The Vendor 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. 16.5 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. 16.6 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. 16.7 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. 16.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the Purchasing Manager. 16.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 17.0 INSURANCE REQUIREMENTS — The Vendor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement, Attachment D to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 18.0 PERFORMANCE - Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 19.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 20.0 HAZARDOUS CONDITIONS 20.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 20.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment (PPE) while handling hazardous material. If there are questions regarding how to dispose of materials, the Vendor shall contact City of Fort Worth Code Compliance at 817-392-1234. R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 20 of 33 20.0 CONTRACT ADMINISTRATION AND TERMINATION 20.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 20.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 20.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 20.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 21.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT 21.1 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 subrecipient 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 subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 22.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 22.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 23.0 DEBARMENT AND SUSPENSION 23.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -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. R­ki d 6.U'2 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 21 of 33 24.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1 24.1 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. 24.2 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 25.1 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 26.0 NO BOYCOTT OF ISRAEL 26.1 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. 27.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 27.1 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. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 22 of 33 28.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 28.1 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. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 23 of 33 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 Forms 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 potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. R-i,cd 6A2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 24 of 33 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIS! For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H,f3. 23, ach Leg., Regulmr Session. OFFICEUSEONLY This questionnaire is being liled in accordance with Chapler 176. Local Govemmant Code, by a vendor who Date pece;ea has a business relationship as defined by Section 176-001(1-a) with a Kcal gavernmenlal entity and the vendor meets requirements under Section 176.006(a)- By law this questionnaire must be liled with the records administrator of the local govemmenlal entity not later than the 7th business day after the date the vendor becomes aware of facts that require the slatement to be filed. Sap Section 176-ao6(a-1), Lcca.1 Govemment Coda. A vendor commits an otfonm if the vendor knowingly violatas Section 176.U06, Loral Gwemmant Code- Ar oflentse under this section is a misdemeanor. t Name of vendor who has a business relationship with local governmental entity. ElCheck th Is. box tfyou mm fili ng an up -dale to a pmviousfy fl led q uestionnai re. (The law requires that you file an updates completed questionnaire with the appropriate filing authority not later than the 7th business day after the date an wh is h 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 Off cer 41 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A). Also describe any familyrelationshipwith thelocal govemmentolficer. Complete subparts A and B ioreach employment or business relationship described. Atta-ch 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 rOcaiwe taxable in,: other than investment income, from the vendor? Yes =No B- Is the vendor receiw ing or likely to receive taxable iDt ome, other than investment i-ic ome. from or at the directior of the local government officer Or afamily mernbarof the offkMFAND the taxable income is not received from the local governmental entity? =Yes �No Describeeach employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with aspect to which the local government otfioer serves as an officer or director, or holds an ownership inlerest of one percent or more. 6 ❑ Check tnis box if the vendor has given the local govemment officer or a family .mamba: of the officer One or more gifts as described in Section 176.UQ3(a)(2)(B), excluding gifts described in Section 176-003(a-1). gnature of vordor doing business with t e goaemmenta err* Dale Form provided by Texas Ethics Commission www. athi cs.stata. Ix. u s Revised 111=1 Revised 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 25 of 33 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governnnental entity A complete copy of Chapter 176 of the Local Government Code may be found at http Avww. statutes_legis_state.t:- . Docs+L +htrNLG_ 176.tOm. For easy reference, below are some of the sections cited on this farm. Local Govemment Cade § 176.001{1-a1: "Business relationship" means a connection between two or more parties oased on commercial activity atone of the parties. The term does not include a connection based on: (A) a transaction that is s ubject to rate or fee regulation by a federal, state, or local governmental entity o r a r, 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 pu rchase or lease of goods or services from a person that is ch artered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Govemment Code 417621)3(a)(2)(A) and( 1131: {a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor: (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 govern mental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor, (B) h as given to the local government officer or a family mem ber of the off icer one or more gifts that have an aggregate value of more than 3 100 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 (i i) the local governmental entity is considering entering into a contract with the vendor Local Government Code § 176.006(a) and (a-1} (a) A vendor shal l f ile a compl eted confl ict of i nterest questio nnaire if the vendor has a bus iness rel ationshi I 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 fam ily member of the officer. descri bed by Section 176-003(a)(2) (A); (2) h as given a local government officer of that I ocat govern mental entity, or a family member of th e 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)1 or (3) has a family relationship with a local government officer of that local governmental entity- {a-1) The completed confI ict of interest questionnaire must be fi led with the appropri ate records admin istrator 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) subm its 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 ven dor has given one or mare gifts described by Subsection (a); or (G) of a family relationship with a local government officer - Form provided by Texas ElhkmCommission wrrw.ethics.sMG. U.us 71 x sed 111J2d_' Revised 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 26 of 33 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) Rc i,cd 6A9 2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 27 of 33 Vendor's Name: Vendor's Local Address: Phone: Email: ATTACHMENT C — VENDOR CONTACT INFORMATION Fax: Name of persons to contact when requesting services or billing questions: Name/Title Phone: Email: Name/Title Phone: Email: Fax: Fax: Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes no Signature Printed Name Date R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 28 of 33 ATTACHMENT D — DRAFT VENDOR SERVICE AGREEMENT The draft service agreement is attached as a separate document. R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 29 of 33 ATTACHMENT E — VENDOR QUALIFICATION QUESTIONNAIRE The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid. Please answer each question thoroughly. Answers may be provided on a separate sheet as long as each response is labeled according to the question. 1. Date your company was established? 2. How many years has your organization been in business under its present name? a. List any former names your organization has operated under and the timeframe(s). 3. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation? 4. Is your company's facility within 75 miles of downtown Fort Worth? F]Yes F] No 5. What is your facility address and hours of operation: 6. Please check the equipment your company is able to work on: _Air Compressors/ Equipment _Asphalt/ Paving Equipment _Boats _Bucket Trucks _Container Trucks _Dump Trucks _Fire Trucks _Fork Lifts _Fuel Trucks _Generators/ Power Generation Units _Golf Carts _Heavy -Duty Trailers Motorcycles _Motor Homes _Mowers _Off -Road Equipment _Scissors/ Man Lifts _Sewer Equipment _Sweepers _Trailers (heavy and light) _Tracker _Transfer Trucks _VIP _Watercraft _Water Tankers Please list any other equipment that is not listed above: R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 30 of 33 7. Please list what primary manufacturers your company is able to work on. 8. How many mechanics/ technicians does your company have on staff? 9. Does your company's mechanics and technicians, have any certifications or licenses? F] Yes F-1 No If you marked yes please list the certifications and/or licenses: 10. Does your company offer delivery service? F] Yes F1 No 11. What is your company's warranty policy? 12. Does your company subcontract work? F]Yes F-1 No If yes please list the type of work that is subbed out: 13. Please provide a detailed explanation of the methodology your firm will use approach to complete repairs. (i.e. what is your process from the receipt of Purchase Order all the way to completion). R-i,cd 6A9 2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 31 of 33 14. How does your company handle set -backs, what is your process for completing the work on time, if you discover there will be a delay in service, how will you overcome this? Additional Comments: R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 32 of 33 ATTACHMENT F DOCUMENTATION CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents Document Attached? Page Number(s) of Bid Response Yes/No *Bidder will need to number their bid response in ink* A completed and signed Bid Submission Signature Page A completed Bid Solicitation 3 Reference letters Evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid Bidder's background, number of years in business, size of bidder's labor pool. Detailed performance plan that outlines the method to be used to ensure that the needs of the City will be met. Attachment A - Conflict of Interest Questionnaire Attachment B - A completed Consideration of Location of Bidder's Principal Place of Business (if applicable) Attachment C - A completed and signed Vendor Contact Information Attachment E - A completed Vendor's Qualification Questionnaire Any addendums sent out after the release of the bid Scanned Copy of all required Separate USB Drive with password documents included if necessary Rc,md 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 33 of 33 FORTWORTH. ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIR PURCHASING DIVISION ADDENDUM NO. 1 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: November 17, 2022 (CHANGED) REVISED BID OPENING DATE: December 1, 2022 DATE ISSUED: October 28, 2022 ITB No. 23-0001, issued October 26, 2022, is hereby amended as follows: 1. Deadline for Questions is changed from November 3, 2022 at 5:00 PM (Local Time) to November 10, 2022 at 5:00 PM (Local Time). 2. Answers Posted is changed from November 8, 2022 to November 15, 2022. 3. Bid Opening Date is changed from November 17, 2022 at 1:30 PM (Local Time) to December 1, 2022 at 1:30 PM (Local Time). 4. Part 1, Section 4.0, Pre -bid Conference and Site Visits, has been changed to read: 4.0 PRE -BID CONFERENCE AND SITE VISITS 4.1 Pre -Bid Conference: A pre -bid conference will be held in person and via WebEx on Wednesday, November 9, 2022, at 10:00 AM (Local Time). Attendance at pre -bid conferences is not mandatory but strongly encouraged. In -Person City Hall 200 Texas St. Fort Worth, TX 76102 City Managers Conference Room #380. Located on the 3rd Floor at the North end of the building. Webex Meeting Phone Number: 469-210-7159 Meeting number (access code): 2551 775 5797 Meeting Password: TuEipmYZ728 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/m. php?MTI D=mba8d42af 3b923105199cd06cc344a352 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 1, Page 1 of 2 Heather Oakes BUYER ------------------------------------------------------------------------------- By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 1, Page 2 of 2 FORTWORTH ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIRS PURCHASING DIVISION ADDENDUM NO. 2 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: December 1, 2022 (UNCHANGED) DATE ISSUED: November 15, 2022 ITB No. 23-0001, issued October 26, 2022, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text, on page 2 and 3. Freight charges shall be reimbursed to the Vendor on cost + _% markup basis. 3. The Price Submittal is revised to add freight charges and is attached in full text on page 4 and 5 of this addendum. All other terms and conditions remain unchanged. Taylor Dean BUYER II . ................................................... By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Questions and Answers Q1. Is a vendor registration number needed? Al. A vendor registration is not needed in order to complete the bid response. If one cannot be provided, please add "N/A". During the awarding process, the vendor will be then be reached out to with City of Fort Worth vendor registration instructions. Q2. How are heavy and light duty vehicles defined? A2. Please see page 14, Section 6.0 Definitions. Light duty vehicles are vehicles with a gross vehicles weight under 10,000 pounds. NAFA class codes (1000-4999). Heavy duty vehicles are vehicles with a gross vehicle weight over 10,000 pounds. NAFA class codes (7000-9000). Q3. On page 14, Section 7.0 Types of Vehicles and Equipment, VIPs are listed. Can VIPs be confirmed? A3. VIP is a boat manufacturer. Q4. As prices are constantly fluctuating, how will price changes be handled? A4. Please see Page 19, Section 16.0 Unit Price Adjustment. The Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Please see section 16.2 for the City's Fiscal year quarters. Q5. For clarification, are line items 7 and 8 hauling fees? A5. Item lines 7 and 8 are defined for the transport of any vehicle by hauling means or being driven to and from a vendor. Q6. How many units does the Department have regarding scissors and forklifts? A6. The Department has 40 Fork lifts of varying sizes and 19 manlifts/of various types. Q7. A Vendor will be bidding on multiple items in the Bid ITB 23-0001. They have different labor rates in regards to Heavy Duty On -Highway vs Electrical Field Service work for compressors, generators or off -highway equipment. How and where should these be separated? Specifically lines 1 through 8 are being reviewed. A7. An attachment should be added to the bid with all cost and services the Vendor can offer. Q8. In regards to parts pricing Lines 10 through 13. A Vendor will be bidding on multiple lines of parts from Detroit to Allison and many others to include Cummins, Bendix, etc. etc. These parts will be priced differently so as the Vendor can be competitive and in addition to give the City of Ft. Worth the best prices possible. For instance, each part group from Detroit, Allison, Cummins and Deutz will have separate cost + percentages. How and where should this be broken down and separated? Should an attachment be added to the bid so as to accommodate all that the Vendor can offer? A8. Yes, add an attachment to the bid with all cost and services the Vendor can offer should be added. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 2 of 5 Q9. On Line 1. So as to be clear and submit correctly, you are requesting that the Vendor puts in their hourly labor rate in Unit Price and then multiply that by the qty of 1000.00 to obtain a total to submit? A9. The Vendor shall add their hourly labor rate in the Unit Price and then multiple that quantity by 1,000.00 in order to obtain the Total. Q10. How should shop items and freight be handled? Should freight have its own line item, or should freight be included in all items, per the bid (page 12, Section 1.5) A10. Shop fees (IE Haz Mat, disposal and or environmental fees, machine fees, battery tax PC flat rate charges) should be billed at 5% of total labor but not to exceed $100. Freight charges should be bid at cost + _%. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 3 of 5 FORT WORTH® PRICING SUBMITTAL Event ID Page CFW01-23-0001 4 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total HEAVY DUTY - Hourly Shopr Rate, Mon- 1000.00 HR Fri 7 am -9:30 pm Line: 2 Description: Qty Unit UnitPrice Total LIGHT DUTY - Hourly Shop Rate, Mon -Fri 1000.00 HR 7am-9:30pm Line: 3 Description: Qty Unit UnitPrice Total HEAVY DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7 am -9:30 pm Line: 4 Description: Qty Unit UnitPrice Total LIGHT DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7am-9:30pm- Line: 5 Description: Qty Unit UnitPrice Total HEAVY DUTY- Shop Hourly Labor Rate, After 200.00 HR Hours (Friday from 9:31 pm through Monday at 6:59 am), Holidays, Weekends Line: 6 Description: Qty Unit UnitPrice Total LIGHT DUTY- Shop Hourly Labor Rate, After 200.00 EA Hours (Friday from 9:31pm through Monday 5:59am), Holidays, Weekends Line: 7 Description: Qty Unit UnitPrice Total HEAVY DUTY- Transportation Fee (Pick-up 100.00 EA & Delivery Inclusive) If applicable, Round Trip Line: 8 Description: Qty Unit UnitPrice Total LIGHT DUTY- Transportation Fee (Pick-up & 100.00 EA Delivery Inclusive) If applicable, Round Trip ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 3 of 33 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 4 of 5 FORT WORTH® PRICING SUBMITTAL Event ID Page CFW01-23-0001 5 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Washing, Waxing, Polishing 150.00 EA Line: 10 Description: Qty Unit UnitPrice Total HEAVY DUTY- Parts- Cost (+) % Markup. (Apply 250,000.00 EA Mark Up Percentage Bid To $250,000 To Obtain Correct Sum. Example: 250,000 X 10%=25,000 250,000 + 25000= 275,000) Line: 11 Description: Qty Unit UnitPrice Total LIGHT DUTY, Parts- Cost (+) % Markup. (Apply 250,000.00 EA Mark Up Percentage Bid To $250,000 To Obtain Correct Sum. Example: 250,000 X 10%=25,000; 250,000 + 25,000= 275,000) Line: 12 Description: Qty Unit UnitPrice Total LIGHT DUTY- SubContracting, Cost (+) % 125,000.00 EA Markup. (Apply Mark Up Percentage Bid To $150,000 To Obtain Correct Sum. Example: 125,000 X 10% =12,500; 125,000 + 12,500= 137,500) Line: 13 _ UnitPrice Total HEAVY DUTY - SubContracting, Cost (+) % Markup. (Apply Mark Up Percentage Bid To $125,000 To Obtain Correct Sum. Example: 125,000 X 10% _ 12,500; 125,000 + 12,500= 137,500) Freight Charges - Actual + % markup 125,000.00 EA Total Bid Amount: Items not listed above will be offered at a markup of % (All parts and replacement parts may be added on an as needed basis throughout the life of the agreement, therefore, the bidder shall submit a price list for all available items with their bid submittal.) A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of this bid. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 4 of 33 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 5 of 5 EXHIBIT D VENDOR'S BID RESPONSE TO CITY'S RFP No. 23-0001 (Vendor's Bid Response to City's RFP No. 223-0001 Pages follow) Non- Exclusive Vendor Services Agreement ITB No. 23-0001 — Industrial Power LLC FORT WORTH. BID SUBMISSION SIGNATURE PAGE EventlD Page CFW01-23-0001 3 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Re_ Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 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. Legal Company Name: Industrial Power LLC. Company Address: 712 N. Beach St. City, State, zip: Fort Worth, Vendor Registration No.: TX 76111 Printed Name of Officer or Authorized Representative: Bailey Bible Title: Municipal Account Manager Signature of Officer or Authorized Representative: aawmq- Date: 11 /28/22 Email Address: Baileyb@iptruck.com Phone Number: 214-277-1590 Federal Identification Number (FID): 75-2682135 Will agreement be available for Cooperative Agreement use'? Yes No ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 2 of 33 FORT WORTH® PRICING SUBMITTAL Event ID Page CFW01-23-0001 4 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total HEAVY DUTY - Hourly Shopr Rate, Mon- 1000.00 HR Fri 7 am -9:30 pm 145.00 145,000 Line: 2 Description: Qty Unit UnitPrice Total LIGHT DUTY - Hourly Shop Rate, Mon -Fri 1000.00 HR 7am-9:30pm 135.00 135,000 Line: 3 Description: Qty Unit UnitPrice Total HEAVY DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7 am -9:30 pm 155.00 77,500 Line: 4 Description: Qty Unit UnitPrice Total LIGHT DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7am-9:30pm- 145.00 72,500 Line: 5 Description: Qty Unit UnitPrice Total HEAVY DUTY- Shop Hourly Labor Rate, After 200.00 HR Hours (Friday from 9:31 pm through Monday at 175.00 35 000 6:59 am), Holidays, Weekends Line: 6 Description: Qty Unit UnitPrice Total LIGHT DUTY- Shop Hourly Labor Rate, After 200.00 EA Hours (Friday from 9:31pm through Monday 165.00 33 000 5:59am), Holidays, Weekends Line: 7 Description: Qty Unit UnitPrice Total HEAVY DUTY- Transportation Fee (Pick-up 100.00 EA & Delivery Inclusive) If applicable, Round 30.00 3,000 Trip Line: 8 Description: Qty Unit UnitPrice Total LIGHT DUTY- Transportation Fee (Pick-up & 100.00 EA Delivery Inclusive) If applicable, Round Trip 30.00 3,000 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 3 of 33 FORT WORTH® PRICING SUBMITTAL Event ID Page CFW01-23-0001 5 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Invited: PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Washing, Waxing, Polishing 150.00 EA 75.00 11,250 Line: 10 Description: Qty HEAVY DUTY- Parts- Cost (+) % Markup. (Apply 250,000.00 Mark Up Percentage Bid To $250,000 To Obtain Correct Sum. Example: 250,000 X 10%=25,000; 250,000 + 25000= 275,000) Unit UnitPrice EA 15% 287, 500 Line: 11 Description: Qty Unit UnitPrice Total LIGHT DUTY, Parts- Cost (+) % Markup. (Apply 250,000.00 EA Mark Up Percentage Bid To $250,000 To Obtain 15% 287 500 Correct Sum. Example: 250,000 X 10%=25,000; 250,000 + 25,000= 275,000) Line: 12 Description: Qty Unit UnitPrice Total LIGHT DUTY- SubContracting, Cost (+) % Markup. (Apply Mark Up Percentage Bid To $150,000 125,000.00 EA 25,000 150.000 To Obtain Correct Sum. Example: 125,000 X 10% =12,500; 125,000 + 12,500= 137,500) Line: 13 _ UnitPrice Total HEAVY DUTY - SubContracting, Cost (+) % 125,000.00 EA 25,000 Markup. (Apply Mark Up Percentage Bid To $125,000 To Obtain Correct Sum. Example: 125,000 X 10% _ 12,500; 125,000 + 12,500= 137,500) Total Bid Amount: Freight Charges - Actual + 10 % markup Items not listed above will be offered at a markup of 20 % (All parts and replacement parts may be added on an as needed basis throughout the life of the agreement, therefore, the bidder shall submit a price list for all available items with their bid submittal.) A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of this bid. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 4 of 33 150,000 1,390,250 PART-1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location for the Purchasing Division is 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 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 email — FMSPurchasing Responses(cD_fortworthtexas.gov 2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. 3.0 UNAUTHORIZED COMMUNICATIONS — Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Senior 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 Rc ki d 6.U'2 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 5 of 33 from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this ITB. 4.0 PREBID CONFERENCE — 4.1 A pre -bid conference will be held at 10 AM Wednesday, November 9, 2022, at City Hall at 200 Texas St, Fort Worth, TX 76102. There will be a WebEx meeting for potential bidders that are unable to attend the pre -bid meeting in person. To join the Pre -bid via WebEx, please see Cover Page for details. Attendance at pre -bid conferences is not mandatory but strongly encouraged. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES - The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 7.0 TAXES - Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for refection. Rc i,cd 6A2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 6 of 33 9.0 PRICES/PERCENTAGE MARKUP 9.1 Bid prices and percentage markup (if applicable) shall be firm offers unless otherwise specified. Pricing and percentage markup (if applicable) shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 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 BI 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be "Net 30 Days" from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at https://www.fortworthtexas.gov/departments/finance/purchasing/ach 14.0 SUBMISSION OF BIDS 14.1 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. V4.2.1 The completed and signed Bid Submission Signature Page; V4.2.2 The completed Bid Solicitation; R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 7 of 33 14.2.3 Bidders shall provide three (3) references from projects similar in nature, size and scope completed or undertaken in the last two years. Vendor shall not list the City of Fort Worth as a reference. Letters shall include the following items. 14.2.3.1 Company letterhead, including contact information 14.2.3.2 Number of years working with Bidder. 14.2.3.3 Brief explanation of customer's satisfaction and recommendation of Bidder. Please provide a rating for 1-5. One (1) being unlikely to recommend and unsatisfied, and five (5) highly satisfied and highly recommended 14.2.3.4 Brief explanation on likeliness to work with Bidder again. One (1) being unlikely to continue to use firm and five (5) highly likely to use firm again. ,,A4.2.4 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. \X4.2.5 Bidder's background, number of years in business, size of bidder's labor pool. \X4.2.6 A detailed performance plan that outlines the method to be used to ensure that the needs of the City will be met. \A.2.7 A completed and signed original Conflict of Interest Questionnaire, Attachment A \X4.2.8 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. „Z4.2.9 A completed and signed Vendor Contact Information, Attachment C. \ 14.2.10 A completed Vendor Qualification Questionnaire; Attachment E. \A4.2.11 Signed Addendum(s) acknowledging receipt 14.2.12 Scanned copy of all documents listed in Section 14.2, Part 1. 14.2.13 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. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 8 of 33 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. 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; R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 9 of 33 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 20.0 POST -BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Division Documents: If a Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 The Vendor must submit any protest in writing to the Senior Purchasing Manager within 14 days after the Vendor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Senior Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Senior Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Senior Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 10 of 33 of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded 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 R-i,cd 6A9 2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 11 of 33 PART — 2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize a non-exclusive agreement with multiple vendors for repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department on an "as needed" basis. Prospective responding bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as "Contractor"/"Vendor." 1.2 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. 1.3 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 is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by the City. 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 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 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 October 26, 2022 Pre -Bid Conference November 9, 2022 Deadline for Questions November 10, 2022 at 5PM Local Time Answers Posted November 15, 2022 ITB Responses Due Date AT 1:30 p.m. Local Time December 1, 2022 R-kW 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 12 of 33 Recommended Vendor Selection December 2022 Mayor and Council Consideration January2023 Contract Execution February2023 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 VENDOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.1 The Vendor shall: 4.1.1 Have a minimum of two (2) years of experience conducting services similar or related to the Scope of Services. 4.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone within 75 miles of City Hall, 200 Texas Street. 5.0 METHOD OF AWARD 5.1 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: 5.1.1 Meets all the requirements listed in Section 5, Part 2. 5.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 5.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 5.3 The following criteria will be used to determine the best value: 5.3.1 Cost of service — up to 35 points 5.3.2 Vendor's Qualifications, Experience, and References — up to 30 points 5.3.3 Availability of resources to provide services (personnel) — up to 20 points 5.3.4 Vendor's approach to perform services — up to 15 points 5.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 5.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 13 of 33 5.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 5.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 5.8 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. 5.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the Attachment to determine whether Local preference will apply to the award. DEFINITIONS City The City of Fort Worth Heavy-duty Vehicles Vehicles with a Gross Vehicle Weight over 10,000 pounds. NAFA Class codes (7000-9000). Light Duty Vehicles Vehicles with a Gross Vehicles Weight under 10,000 pounds. NAFA Class codes (1000-4999). Original Equipment (Original Equipment Manufacturer) is a company that supplies equipment to Manufacturer (OEM) other companies to resell or incorporate into another product using the Vendor's brand name. It also may be used to refer to the company that acquires a product or component and reuses or incorporates it into a new product with its own brand name. 7.0 TYPES OF VEHICLES AND EQUIPMENT Up to 3,000 on -road and 1,600 off -road vehicles and equipment including, but not limited to: Types of HEAVY & LIGHT Duty Equipment Air Compressors/Equipment Motor Homes Asphalt/Paving Equipment Mowers Boats Off -Road Equipment Bucket Trucks Scissor/Man Lifts Container Trucks Sewer Equipment Dump Trucks Sweepers Fire Trucks Trailers (heavy and light) Fork Lifts Tracker Fuel Trucks Transfer Trucks Generators/Power Generation Units VIP Golf Carts Watercraft Heavy -Duty Trailers Water Tankers R-kW 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 14 of 33 8.0 MANUFACTURERS Manufacturers including but not limited to: Acura Eaton Lexus Scag Allison E-One Lincoln Snapper Spartan Altec Ford Mack Spitzlift Artie Cat Freightliner Mazda Sterling Aquatech GMC M&D Stellantis (Chrysler) Bendix Honda Mercedes/ Sprinter Subaru Bertram Husgvarna Meritor Tennant Big Tex Hyundai Metro Terex BMW Infiniti Mitsubishi Texas Steer Boston Whaler International Muncie Toro Buick Interstate Trailers National Crane Toyota Caddo Manufacturing Isuzu New Holland Tracker Cadillac Jacobsen Nissan Twister Champion JCB Onan Generators Vac -Con Chaparral Jeep Peterbilt Vactor Chevrolet JLG Pierce (Fire Apparatus) Verneer Cub Cadet John Deere — Green Pioneer Versalift Cummins (AG) Pipehumer/ Jeteye Volkswagen Custom- Chris Trim John Deere (yellow iron) Progard Volvo Custom- Lawhon Kawaski Ram WABCO Custom- Tommy Gate Kenworth Rivian Wacker Whelen Custom- Youngs Kia Kobelco ROM Corp White River Marine Delta Rigging Rosenbauer Yamaha Detroit KTM Zodiac Dodge Kubota Zodiac Nautic Doosan Duetz 9.0 VENDOR RESPONSIBILITIES — Vendor shall 9.1 Provide the City with an acceptable level of service in terms of cost, time, and workmanship. Upon return and inspection of services completed, PMD Fleet personnel will notify the vendor if any issues regarding the services or parts are found to be unsatisfactory. Vendor(s) will be given the opportunity to correct. Failure of the vendor to correct services or parts to a satisfactory condition will be considered grounds for terminating any agreement between said vendor and the City. 9.2 Be required to perform the work using the most up-to-date and appropriate methods available for said work under industry standards. This includes, but is not limitedto, all suitable repair equipment and parts to insure the satisfactory execution of any repair or installation. 9.3 Provide the City priority service, as many City vehicles are utilized for public safety and emergency response. Expeditious turn -around is critical to City operations. However, additional fees for priority services are prohibited. 9.4 Receive written authorization from PMD Fleet Supervisor or designated personnel before diagnosing, repairing, and servicing vehicles and equipment for the City of Fort Worth's (the "City") Fleet of vehicles and equipment. R­ki d 6.U'2 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 15 of 33 9.5 Vendors are encouraged to provide industry training and certification documentation on their personnel. Certifications could include, the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. 10.0 RESPONSE TIMES AND LOCATIONS 10.1 Vendor shall respond to written authorization within 24-48 hours. 10.2 Vendor shall respond and supply requested materials or services required during regular business hours within the response time (DELIVERY) from receipt of request in the proposals solicitation page or less including shipment by mutual agreement from the time original request is made 10.3 Vendors, which provide delivery service, shall return 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 10.4 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am. 10.5 Fleet Service Center locations: Service Center Location Brennan Body Shop 2500 Brennan Street, Fort Worth, TX 76106 James Avenue Service Center 5021 James Avenue, Fort Worth, TX 76115 Northside Service Center 301 Hillshire Drive, Fort Worth, TX76131 Southside Service Center 4100 Columbus Trail, Fort Worth, TX 76133 Water Service Center 2222 West Daggett, Fort Worth, TX 76102 11.0 PARTS 11.1 All parts utilized in repairs, replacements or installations on City vehicles and equipment must be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts can be considered but must be approved in writing by City PMD Fleet personnel prior to being utilized by a vendor 11.2 Vendor shall warranty and/or guarantee all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure to operate satisfactorily. Each product shall be constructed to the highest industry standards. Products manufactured of poor workmanship will not be accepted. 11.3 The City reserves the right to supply parts as the City determines is necessary. 11.4 Vendor may charge a cost plus (+) for parts. The cost should be available for review by the City as requested. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts if the submitted pricing is deemed excessive by the evaluation panel. R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 16 of 33 12.0 ESTIMATES 12.1 Vendor shall provide written or electronically produced estimates to PMD Fleet personnel before the start of any work. The estimates must be emailed to the PMD Fleet employee(s) and/or PMD Fleet facility location who requested the services to be completed. 12.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email with the purchase order number prior to work being performed. Verbal approvals should not be considered. 12.2.1 Fleet shall create the necessary work order for tracking. 12.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet. 12.2.3 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non -warranty. 12.2.4 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 12.2.5 Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 12.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to be performed until a purchase order has been issued in writing from PMD Fleet Division. This ensures proper tracking and documentation are in place for the Vendor and the City. 12.2.7 Vendor may charge an hourly non -warranty labor rate per service, a cost "+" for parts, a diagnostic fee (detailed out), and any applicable transportation fees (Pick-up & Delivery Inclusive), if any. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts if the submitted pricing is deemed excessive by the evaluation panel. 12.2.8 The City may pay for sub -vendor/ sublet items at sublet cost plus (+) on the Vendors bid submission. 12.3 Final submitted invoices submitted to the City for work performed should always match the final estimate received by the City. All revised estimates must be approved in writing prior to billing. 12.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate provided by the Vendor to the City shall state 'Warranty Service'. 12.5 All estimates provided by vendors will be quoted on a `time and materials' basis unless the service is subcontracted, adherence to the agreed upon contract rate(s) and itemized to illustrate the cost of each of thefollowing, if applicable, to the service or work performed. 12.5.1 Estimates shall include number of and cost of part(s) to be installed. 12.5.2 Estimates shall include cost of labor to perform repair and/or installation; itemized by number of labor hours per labor line. 12.5.3 Estimates shall include itemized inspection/diagnostic fees. 12.5.4 Transportation fees, if any, Pick-up & Delivery Inclusive. Rc i,cd 6A9 2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 17 of 33 12.5.5 Miscellaneous shop fees will not be allowed. These costs should be broken down in Labor, Parts, or established fees defined in the bid lines. This should be considered when bidding applicable costs in the other time and materials categories. 12.5.6 Travel charges for mobile services will be considered and must be itemized. Standard flat fees will not be considered. 12.6 Fleet shall create necessary work order for tracking 12.7 Vendor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet 12.8 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non -warranty. 12.9 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 12.10 PMD Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 12.11 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost associated to the City are NOT to be performed until a purchase order has been issued in writing from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and the City. 13.0 WASHING AND INTERIOR DETAILING 13.1 Standard wash, and wax of the exterior of everyday vehicles. Clean the vehicle's interior dash, doors, and console, of any dust and trash. Vacuum front and back floorboards. 14.0 LAWS, REGULATIONS, AND ORDINANCES 14.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 15.0 INVOICING REQUIREMENTS 15.1 The City of Fort Worth has begun implementing an automated invoicing system. 15.2 The Vendor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(a�-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. 15.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 15.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: Rc i,cd 6A9 2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 18 of 33 • 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. 15.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices(cDfortworthtexas.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 AccountsPavable(cDfortworthtexas.aov. 15.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 15.7 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 Vendor's support. If Vendor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN AccountsPavable(c fortworthtexas.gov. 15.8 Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request 16.0 UNIT PRICE ADJUSTMENT 16.1 Vendor 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 Vendor. 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. 16.2 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. R-i,cd 6A9 2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 19 of 33 16.3 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. 16.4 The Vendor 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. 16.5 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. 16.6 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. 16.7 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. 16.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the Purchasing Manager. 16.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 17.0 INSURANCE REQUIREMENTS — The Vendor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement, Attachment D to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 18.0 PERFORMANCE - Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 19.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 20.0 HAZARDOUS CONDITIONS 20.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 20.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment (PPE) while handling hazardous material. If there are questions regarding how to dispose of materials, the Vendor shall contact City of Fort Worth Code Compliance at 817-392-1234. R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 20 of 33 20.0 CONTRACT ADMINISTRATION AND TERMINATION 20.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 20.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 20.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 20.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 21.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT 21.1 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 subrecipient 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 subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 22.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 22.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 23.0 DEBARMENT AND SUSPENSION 23.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -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. R­ki d 6.U'2 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 21 of 33 24.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1 24.1 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. 24.2 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 25.1 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 26.0 NO BOYCOTT OF ISRAEL 26.1 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. 27.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 27.1 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. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 22 of 33 28.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 28.1 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. R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 23 of 33 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 Forms 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 potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. R-i,cd 6A2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 24 of 33 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIS! For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H,f3. 23, ach Leg., Regular Session. OFFICEUSEONLY This questionnaire is being liled in accordance with Chapter 176. Local Govemmant Code, by a vendor who Date pecL4ved has a business relationship as defined by Section 176-001(1-a) with a local governmenlal enlity and the vendor meets requirements under Section 176.006(a)- By law this questionnaire must be filed with the records administrator of the local govemmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the slatement to be filed. Sap Section 176-006(a-1), Loca.1 Govemment Coda. A vendor commits an olfanse if the vendor knowingly violatas Section 176.006, Loral Govemmerit Code- Ar oflentse under this section is a misdemeanor. t Name of vendor who has a business relationship with local governmental entity, Industrial Power LLC. - N/A Check th is box ifyou mm filing an up -dale tom previously fi led questionnaire. (The law requires inat you file an updates completed questionnaire with the appropriate filing authority not later than the 7th business day after the date an wh is h you became aware that the originally filed questionnaire was incomplete Or inaccurate.) 3 Name of local government officer about wham the information is being disclosed. N/A Name of Off cer 41 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A). Also describe any familyrelationshipwith thelocal govemmentofficer. Complete subparts A and B ioreach employment or business relationship described. Atta-ch 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 rOcaiwe taxable in other than investment income, from the vendor? Yes ®No B- Is thevenidor receiving or likely to nxmrvetaxahla income, other than investment income. from or at the directior of the local gOwemment officer Or a family rnarnbarof the officer AND the taxable income is not reoeiwed from the local 90varnmental entity? Yes ® , t Describem each employment or business relationship that the named in Section 1 maintains with a corporation or other business entity with aspect to which the local government officer serves as an officer or director, or holds an ownership inlerest of one percent or more. 6 ❑ ::heck Lnz box if the vendor has given the local government o%cer or a family member of the officer One or more gifts as described in Section 176.UQ3(a)(2)(B), excluding gifts described in Section 176-002{a-1j. 11 /28/22 Signature or vendor oning =Anoss widi Me govemmenta entity ja:a Form provided by Texas Ethics Commissim www. athi cs.stata.Ix. u s Revised 11IM21 Revised 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 25 of 33 CONFLICT OF INTEREST QUESTIONNAIRE If there is a delftAAW", will sche overtime for the technician in order to complete work on time A complete copy of Chapter 176 of the Local Government code ay be found at http Ifwww. statutes_legis_state.t:- . Docs+L +htrNLG_ 17B.htm. For easy reference, below are some of the sections cited on this farm. Local Govemment Cade § 176.001{1-a1: "Business relationship" means a connection between two or more parties oased on commercial activity ofone of the parties. The term does not include a connection based on: (A) a transaction that is s ubject to rate or fee regulation by a federal, state, or local governmental entity o r a r, 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 pu rchase or lease of goods or services from a person chat is oh artered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Govemment Code ti 17621)3(a)(2)(A) and( 1131: {a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor: (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 govern mental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor, (B) h as given to the locaJ government officer or a family mem ber of the off icer one or more gifts that have an aggregate value of more than 3100 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 (i i) the local governmental entity is considering entering into a contract with the vendor Local Government Code § 176.006(a) and (a-1} (a) A vendor shal l f ile a compl eted confl ict of i nterest questio nnaire if the vendor has a bus iness rel ationshi I 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 fam ily member of the officer. desori bed by Section 176-003(a)(2) (A); (2) h as given a local government officer of that I ocal govern mental entity, or a family member of th e 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)1 or (3) has a family relationship with a local government officer of that local governmental entity- {a-1) The completed confI ict of interest questionnaire must be fi led with the appropri ate records admin istrator 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) subm its 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 ven dor has given one or mare gifts described by Subsection (a); or (G) of a family relationship with a local government officer - Form provided by Texas ElhkmCommission wrrw.ethics.sMG. U.us 71 x sed 111J2d_' ule Revised 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 26 of 33 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: Yes, 712 N. Beach St., Fort Worth, TX 76111 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%] 74 o 2. Economic Development opportunities resulting from contract. Number of Fort Worth resident -employees? 35 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)? $139,050.87 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. Industrial Power LLC. (Company Name) 11 /28/22 (Date) Bailey Bible - Municipal Account Manager (SignatOre) (Printed Name and Title) R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 27 of 33 ATTACHMENT C — VENDOR CONTACT INFORMATION Vendor's Name: Industrial Power LLC. Vendor's Local Address: 712 N. Beach St. ,Fort Worth, TX 76111 Phone: 817-834-7473 Fax: 817-834-1516 Email: Baileyb@iptruck.com Name of persons to contact when requesting services or billing questions: Name/Title-Heavy Duty Service - Darrin (Advisor), Ryan (Advisor) & Shanon (Manager) Phone: 817-834-7473 Fax: 817-834-1516 Email: HDService&IPTruck.com Name/Title Billing - Marjorie Sims (Contraoller)or Ashily Ramsey (AR) Phone: 817-546-7575 Fax: 817-834-1516 Email: AR@IPTruck.com OR AP&IPTruck.com Name/Title Bailey Bible - Municipal Account Manager Phone: 214-277-1590 Fax: 469-470-1703 Email: Baileyb(@-iptruck.com Will your company accept P-card payments? X yes no ag,L4_ 5,�A, Bailey Bible 11/28/22 Signature,f Printed Name Date R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 28 of 33 ATTACHMENT D — DRAFT VENDOR SERVICE AGREEMENT The draft service agreement is attached as a separate document. IP Letterhead - Financial Strength goes over this info. R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 29 of 33 ATTACHMENT E — VENDOR QUALIFICATION QUESTIONNAIRE The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid. Please answer each question thoroughly. Answers may be provided on a separate sheet as long as each response is labeled according to the question. 1. Date your company was established? 1982 2. How many years has your organization been in business under its present name? 40 years a. List any former names your organization has operated under and the timeframe(s). None 3. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation? No 4. Is your company's facility within 75 miles of downtown Fort Worth? ® Yes F] No 5. What is your facility address and hours of operation: 712 N. Beach St. ,Fort Worth, TX 76111 7AM-5PM Mon -Fri & 8AM-1 PM Sat 6. Please check the equipment your company is able to work on: _Air Compressors/ Equipment _Asphalt/ Paving Equipment _Boats Bucket Trucks VContainer Trucks [Dump Trucks VFire Trucks _Fork Lifts V/ Fuel Trucks VGenerators/ Power Generation Units _Golf Carts Heavy -Duty Trailers Motorcycles Motor Homes _Mowers VOff-Road Equipment _Scissors/ Man Lifts Sewer Equipment \/ Sweepers Trailers (heavy and light) _Tracker V Transfer Trucks _VIP _Watercraft V Water Tankers Please list any other equipment that is not listed above: R­ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 30 of 33 7. Please list what primary manufacturers your company is able to work on. Our OEM's are Cummins, Allison, Hino, Isuzu, Autocar & their all makes programs. 8. How many mechanics/ technicians does your company have on staff? 58 9. Does your company's mechanics and technicians, have any certifications or licenses? ® Yes F-1 No If you marked yes please list the certifications and/or licenses: ASE's, Cummins, EVT's, Allison, Hino, Isuzu. 10. Does your company offer delivery service? ® Yes F7No 11. What is your company's warranty policy? Labor is 30 days, but we try to do what is in the best interest if the customer. Parts is based on the manufacturer's warranty. 12. Does your company subcontract work? ® Yes F-1 No If yes please list the type of work that is subbed out: Boat repairs, fork lifts, golf carts, mowers, body equipment on the trucks chassis, motorcycles, etc. 13. Please provide a detailed explanation of the methodology your firm will use approach to complete repairs. (i.e. what is your process from the receipt of Purchase Order all the way to completion). When a unit arrives at our facility we will send a check in status to the customer including a timeline of when a technician will be dispatched to the unit. Once the tech has diagnosed we will send an estimate with timeline for repair. Once a PO is recieved we will begin work. Once finished we will send another email stating completion barring complications on test drive and quality inspection. We will then deliver unit same day or next day. We will send emails throughout the whole process so you are always in the loop. The emails state who the advisor is and a number to reach them if you wish to reach out with questions. R-i,cd 6A2'- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 31 of 33 14. How does your company handle set -backs, what is your process for completing the work on time, if you discover there will be a delay in service, how will you overcome this? If there is a delay due to technicans being dispatched to other units, we will shcedule overtime for the technician in order to complete work on time. We will stay in communication with the customer with updates. If there is a delay due to parts we will look into alternative sources in order to move the unit along. Additional Comments: Because we have three stores and 107 service bays, if one shop is backed up we will dispatch service to another Facility in order to speed up repair timeline and get your units back on the road faster. This is especially important for First Responder Equipment and if we are made aware of an immedaite return needed for them or any of er equipment we can prioritize it. Rc i,cd 6A9 2'c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 32 of 33 ATTACHMENT F DOCUMENTATION CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents Document Attached? Page Number(s) of Bid Response *Bidder will need to number their Yes/No bid response in ink* A completed and signed Bid pg 2 Submission Signature Page A completed Bid Solicitation V pg 3-4 3 Reference letters pg 49-51 Evidence that they are duly qualified IP Letterhead - Financial Strength goes over this info and capable to fulfill and abide by the pg 41-48 requirements listed herein with the bid Bidder's background, number of years pg 41-48 in business, size of bidder's labor pool. IP Letterhead - Financial Strength Detailed performance plan that outlines goes over this info. the method to be used to ensure that pg 41-48 the needs of the City will be met. Attachment A - Conflict of Interest Questionnaire V pg 24-26 Attachment B - A completed Consideration of Location of Bidder's Principal Place of Business (if V pg 27 applicable) Attachment C - A completed and signed 28 Vendor Contact Information pg Attachment E - A completed Vendor's V pg 30 32 Qualification Questionnaire Any addendums sent out after the V 34-40 release of the bid pg Scanned Copy of all required V Separate USB Drive with password documents included if necessary R-ki d 6.9.22- ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 33 of 33 Industrial Power Truck and Equipment was established in 1982 - 40 Years in Business — Family Owned & Operated. • We were born of service --as a Detroit Diesel and Allison Transmission dealer. • Now in 2022 we have three locations. We are in Fort Worth, TX, McKinney, TX and Lewisville, TX. • From PMs to engine overhauls on your Class 3-8 Trucks, IP Truck can help you maintain your fleet! We have ASE, EVT and factory trained technicians, 105 service bays with a 50ft paint booth and three DFW locations! Industrial Power's resources to successfully perform under contract: • IP Truck has Three DFW locations in Fort Worth, McKinney and Lewisville. Over 150 employees with Lewisville opening: All full time and direct employees. We are a dealer for Allison, Cummins, Detroit, Hino, Isuzu, and Autocar so we are able to provide vehicles to purchase using the manufacture's networks as well as provide warranty and service for these OEM's. Allison distributes to 89 Countries, Cummins distributes to 43 countries, Isuzu distributes to 121 countries, Hino distributes to 95 countries, & Autocar distributes nationally. Therefore, we are able to provide service for these vehicles at a massive level even outside of our own organization using our manufacturer's resources and their extensive dealer network. • For all customer service needs you have a dedicated Account Manager that over sees not only your contract, but your vehicles, service, parts and any other needs regarding the scope of this contract. We stay in constant communication and offer immediate response time through email, cell numbers and office lines. When we are made aware of a customer problem or concern we involve not only the Account Manager whom is over procurement and government entities, but as well as the Service Managers then the VP of Sales, then up to the Owner of our company and if needed we will contact the manufacturer of the vehicles to iron out any vehicle issues. 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com We specialize in providing service and repair for: • Fire Departments • Ambulance/Emergency Vehicles • Mass Transit — i.e. DART, DCTA • Public Works Departments i.e. Refuse, Street, Water, Electric, etc • ISDs (School Districts) • Airport • TX DOT • Toll Authorities • City Fleets • County Fleets • State Fleets The IP Truck Difference • 38 Years in Business — Family Owned & Operated • Truck Pick -Up and Delivery — C D L Drivers • 75 Service Bays • Mobile Service Trucks - We will come to you • Commercial Truck Body Shop w/ a 50ft Paint Booth • 3 DFW Locations Dallas, McKinney and Lewisville coming soon • Cummins Dealer— Parts, Service, Warranty • Allison Dealer— Parts, Service, Warranty • Detroit Diesel Dealer - Parts, Service, Warranty • Isuzu Dealer— Parts, Sales, Service, Warranty 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com Our Current Facilities: Fort Worth Medium Duty Shop 40,000 sq ft. 27 Bays Heavy Duty Shop 21,000 sq ft. 10 Bays Body Shop 24.000 sq ft. 18 Bays Total 85,000 sq ft. 55 Bays Acreage 16 Acres McKinney Service Shop 35,000 sq ft. 20 Bays Acreage 8 Acres Concrete Total 120,000 sq ft. 75 Bays Acreage 24 Acres Employees by Department: Fort Worth 2019 Leasing 2 Office 6 Parts 9 Sales 11 Medium Duty Shop 20 Heavy Duty Shop 14 Body Shop 12 McKinney Office 1 Parts 5 Sales 5 Service 19 GRAND TOTAL 104 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com Investments: Fort Worth New Truck Inventories $ 5,000,000 Used Truck Inventories $ 1,300,000 Parts Inventories $ 670,000 Tools & Equipment $ 2,500,000 Facilities & Property $ 5,300,000 Lease & Rental Trucks $ 10,000,000 $ 24,770,000 McKinney New Truck Inventories $ 1,700,000 Used Truck Inventories $ 300,000 Parts Inventories $ 400,000 Tools & Equipment $ 500,000 Facilities & Property $ 4,500,000 $ 7,400,000 Grand Total $ 32,170,000 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com MILLIONS Sales- Total Operations: 80 70 60 50 40 30 20 10 0 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Labor Parts Lease Trucks Annualize d Images of our locations are below for your review: 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com Locations: McKinney 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com Fort Worth: 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com Lewisville Coming Soon: Questions or additional info needed for financial strength and stability please contact: Bailey Bible- 214.277.1590 or baileyb@iptruck.com. Thank you kindly! 712 N. Beach Street - Fort Worth, TX 76111 - Phone 817.834.7473 - Fax 817.834.1516 www.iptruck.com Ibarra, Alma B From: Bailey Bible <baileyb@iptruck.com> Sent: Thursday, February 16, 2023 11:47 AM To: Ibarra, Alma B Subject: Industrial Power LLC. Attachments: Bailey Bible.vcf CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Alma, Per our conversation, Industrial Power LLC. believes it to be acceptable to name OEM's offered for parts offerings instead of routing the entire catalog. OEM's are as follows: Allison, Cummins, Detroit, Autocar, Hino, Isuzu, Spartan and their All Makes Programs. Please reach out if you need anything else. Thank you! Bailey Bailey Bible Municipal Account Manager Industrial Power LLC (214) 277-159OMobi!e (972) 632-3750Direct bail eyba iptruck.com 950 Mario Court Lewisville, TX 75057 Bailey Bible Account Manager Mobile: (214) 277-1590 Direct: (972) 632-3750 baileyb@iptruck.com info.iptruck.com/fleetservices Industrial Power Truck & Equipment Award Winning Dealership Autocar, Hino, Isuzu, Cummins, Allison 950 Mario Court Lewisville, TX 75057 iptruck.com 1 A R L A FLEET SERVICES To whom it may concern, City of Garland has worked with Industrial Power for 5 years. Industrial Power currently serves the City with mechanical repairs, warranty, parts & truck sales. We are highly satisfied with the maneuverability of having three stores to utilize for service and parts. They also provide easy access to upper level management when needed as well as great communication with their service teams. I would give them a 5, for being highly likely to recommend, for other City contracts as well as a 5, being highly likely to use them again, on a scale of 1-5. The attention to detail during service and after, as well as their commitment to returning our units to service as quickly as possible is a huge value to us and they deliver that with professionalism and courtesy with very competitive pricing. Thank you, �at-a yaflc� Pwectow Feet �'ew�rices 972 205-3525 gsanich@garlandtxgov@garlandtxgov GARLAND rl x.a3 mAOC veil4r Greetings, My name is Vincent Olsen and I have worked for the City of Dallas for the last 7 years. During this time frame I have worked in Asset Management, Fleet Operations and Parts Operations as well as contract development, enforcement, and performance. To my knowledge, Industrial Power has had zero noncompliance complaints submitted for inability to perform and has always met its obligations on pricing, service commitment and communications. Equipment and Fleet Management has enjoyed a symbiotic and fruitful relationship with this vendor and relies on them to this day. Furthermore, we are hopeful that they will continue to bid on City of Dallas contracts and be a reliable partner. Vincent Olsen CPFP, Assistant Director EDCity of Dallas I DallasCityNews.net Equipment and Fleet Management (EFM) 3202 Canton Street Dallas, Texas 75226 0: 214-671-9064 1 C: 469-992-3353 vincent.olsen@dallas.gov 000 PLANO ISD To whom it may concern. Plano ISD has worked with Industrial Power for 3 years. Industrial Power currently serves Plano ISD by utilizing two separate contracts that cover mechanical repairs, mobile service, warranty, parts, body shop repairs & truck sales. We are highly satisfied with the ease of communication, serviceability and support given to us by Industrial Power and would give them a 5 Star rating, highly recommend them for other City contracts, and a 5 Star Rating for being highly likely to use them again. Thank you! STEVEN WEBER MOTOR POOL SERVICE SPECIALIST 600 SEABROOK DR. PLANO, Tx 75023 469-752-0797 FAx: 469-752-0999 Allison Trwismission. To Whom It May Concern: Allison Transmission, Inc. One Allison Way, Indianapolis, Indiana 46222,U.S.A. , hereby confirms that Industrial Power Truck; headquartered at 712 N. Beach St. Fort Worth, TX 76111 is an Allison Authorized Overhaul and Service Dealer. Sincerely, John Richardson Manager -Global Channel Management, Training and Publications Allison Transmission Inc. I One Allison Way I Indianapolis, IN 46222-3271 ISUZU City of Fort Worth Fort Worth, Texas To Whom It May Concern: Isuzu Commercial Truck of America, Inc. is pleased to inform you that industrial Power, LLC, d/b/a Industrial Power Isuzu, located at 712 North Beach Street, Fort Worth, Texas, is an authorized Isuzu medium -duty truck dealer and is in good standing. Isuzu will be pleased to provide you any additional information you require. Please contact me via electronic mail (edwin.robinson@icta-us.com) if you have questions or need further information. Sincerely, ISUZU COMMERCIAL TRUCK OF AMERICA, INC. Edwin T. Robinson Manager, Dealer Development Isuzu Commercial Truck ofAmerica, Inc. 714 935-9300 1400 South Douglass Road, Suite 100 Anaheim., California 92806 Were looking to the future by recycling today • a a SPARTAN MOTORS 1541 Reynolds Rd. Charlotte, MI 48813 1 P:517.543.6400 SPARTANMOTOR5.COM To Whom It May Concern: This letter is in regards to the Authorized status of Industrial Power. Industrial Power has been an approved Spartan Authorized Service Center since 2005, they are currently in good standing and have fulfilled all training requirements to date. Industrial Power is authorized to perform warranty repairs on Spartan Motors products. If you have further questions feel free to contact me. Regards, , C7� Greg Rinehart Spartan Motors Service Development & Training Lead 1541 Reynolds Road Charlotte, MI 48813 P: 517-543-6400 Ext: 3122 F: 517-541-3837 Spartan Alotors, Inc. PARTS � To whom it may concern, Autocar is the sole proprietor of our proprietary parts for our trucks. As such, Industrial Power and Equipment at 712 N Beach St., Fort Worth Texas is the Autocar authorized parts and service provider for the DFW Metroplex. We protect our Distributors and their AOR (Area Of Responsibility) through additional costs for anyone selling our parts outside of their AOR. 1 would be happy to share further information should it be necessary, just contact me at the below number. Eb�6 JZt r of Dealer Parts Group Autocar / GVW Parts PH: 630-414-6366 ()VOC-"'AuTOCAR Pw.ta To whom it may concern, Autocar is the sole proprietor of our proprietary parts for our trucks. As such, Industrial Power and Equipment at 712 N Beach St., Fort Worth Texas is the sole Autocar authorized parts and service provider for the DFW metroplex. We protect our Distributors and their AOR (Area Of Responsibility) through additional costs for anyone selling our parts outside of their AOR. I would be happy to share further information should it be necessary, just contact me at the below number. Respectfully, Bill House Director of Dealer Parts Group Autocar / GVW Parts PH: 630-414-6366 Date- August 10, 2022 (0VWC-""AuT0CAR Pia To whom it may concern, Autocar is the sole proprietor of our proprietary parts for our trucks. As such, Industrial Power and Equipment at 712 N Beach St., Fort Worth Texas is the sole Autocar authorized parts and service provider for the DFW metroplex. We protect our Distributors and their AOR (Area Of Responsibility) through additional costs for anyone selling our parts outside of their AOR. I would be happy to share further information should it be necessary, just contact me at the below number. Respectfully, Bill House Director of Dealer Parts Group Autocar / GVW Parts PH: 630-414-6366 Date- August 10, 2022 To Whom It May Concern, CERTIFICATION We hereby certify that Industrial Power Truck & Equipment (the "Company"), with locations at 436 Power House Street, McKinney, Texas, 75071 and 712 North Beach Street, Fort Worth, Texas 76111 is an authorized Engine Dealer for the following market applications: Agriculture, Automotive, Construction, Agriculture, and related component parts (the "Products"). As a Dealer of the Products, the Company has the authority to sell the Products at its own risk and for its own account, service the Products, manage warranty programs, sign sales and service contracts, and render information on the Products. This certification supersedes all previous certification letters and is valid for 180 days from the date of issue. Sjncerely, JCJua y P NA Channel Support Leader Cummins Inc. 6350 NW 167 Street Miami Lakes, FL 33014 (305)824-4613 juany.pena@cummins.com VIV STEWABTSTEVEnISDII Authorized Dealer Date: 5/19/2021 Dealer Account #: RGGD Dealer Name: Industrial Power Truck 712 N. Beach St Fort Worth, TX 76111 To Whom it may concern: Industrial Power is an authorized dealer for Detroit Diesel Corporation under the Stewart & Stevenson distributorship. Their current agreement is valid through 12/31/2021. This dealership agreement authorizes Industrial Power to perform maintenance and overhaul work on the following engines: Series 60 If you have any questions regarding this authorization please contact me. Thank you, Megan Bunch Director Dealer Development 0: (214) 623-1627 / M: (812) 350-9611 mbunch@unitedengines.com Stewart & Stevenson 1631 Chalk Hill Rd Dallas, TX 75212 United Engines 5555 W Reno Ave Oklahoma City, OK 73127 v o ^' o z x � z o � Q oU w r O 4�n x Q w O xxN o n 0 a w J U Y w 0 O w z LL w z J L7 Z 0 J 0 LL w s r J J w N J z 0 0 ti 0 w z w 0. T N w J W _N r F- N M Qj PART. To whom it may concern, Autocar is the sole proprietor of our proprietary parts for our trucks. As such, Industrial Power and Equipment at 712 N Beach St., Fort Worth Texas is the Autocar authorized parts and service provider for the DFW Metroplex. We protect our Distributors and their AOR (Area Of Responsibility) through additional costs for anyone selling our parts outside of their AOR. I would be happy to share further information should it be necessary, just contact me at the below number. Respe r of Dealer Parts Group Autocar / GVW Parts PH: 630-414-6366 =© TRUCKS A Toyota Group Company May 5, 2021 To whom it may concern: Regarding: Industrial Power, LLC; an Authorized Hino Trucks Dealer The Industrial Power facilities located at 436 Powerhouse Street, McKinney, TX 75071 and 712 N. Beach Street, Fort Worth, TX 76111; are Authorized Hino Trucks Dealerships that sell and distributes Hino Trucks (All Models Class 4-8) anywhere in the U.S.A; in addition to distributing Hino Parts. Both Industrial Power facilities are Hino Trucks elite Certified Ultimate dealerships, which are recognized for providing the Ultimate Ownership Experience and having excellent Hino repair capabilities by trained Hino Technicians. Should you have any further questions, please do not hesitate to contact me at 248-763-9719. Sincerely, Mark Dysarz Sr. Manager of Dealer Development Hino Motors Sales U.S.A., Inc. Hino Motors Sales U.S.A., Inc. 4SS01 Twelve Mile Road, Novi MI 48377 Phone 248 699-93oo Fax 248 699-9310 www.hino.com i A tri m � �ro ty �Do tz 0. 0 N � G o o z r 0 00 ro �i 0 0 0 A�ORQ® CERTIFICATE OF GARAGE INSURANCE ATE (MM/DD/YYYY) 11/22/2021 r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Sentry Insurance 1800 North Point Drive CONTACT Sentry Customer Service NAME: A/CC,,NNo, Ext : 800-473-6879 AIC No): 800-514-7191 Stevens Point, WI 54481 EMAIL ADDRESS: businessproducts_direct@sentry.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Sentry Select Insurance Company 21180 INSURED INSURER B : Sentry Insurance a Mutual Company 24988 Industrial Power LLC DBA Industrial Power Trucks 712 N Beach St INSURER C INSURER D : Fort Worth, TX 76111-5943 INSURER E : INSURER F : COVERAGES PROD / CUSTOMER ID: CERTIFICATE #: 2388281 REVISION #: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSRD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GARAGE LIABILITY HIRED AUTOS ANY AUTO ONLY X NON -OWNED OWNED AUTOS USED AUTOS ONLY IN GARAGE BUSINESS X 2563896004 07/01/2021 07/01/2022 AUTO ONLY (Ea accident) $ 500,000 OTHER THAN AUTO ONLY EAACCIDENT $ 500,000 AGGREGATE $ 2,500,000 A GARAGE KEEPERS LIABILITY LEGAL LIABILITY DIRECT BASIS PRIMARY EXCESS X 2563896004 07/01/2021 07/01/2022 X COMP / OTC LOC SPECIFIEDLOC PERILX 1 $ 5,000,000 $ COLLISION LOC LOC 1 $ 5,000,000 $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ GEN'L MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY ❑ PE ❑ LOC OTHER GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ A X UMBRELLA LAB X EXCESS LAB X OCCUR CLAIMS -MADE 2563896005 07/01/2021 07/01/2022 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 45,000,000 DED I I RETENTION $ PRODUCTS - COMP/OP AGGp7 $ 45,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y / N (Mandatory in NH) ❑ If yes, describe under REMARKS below N / A 2563896010 07/01/2021 07/01/2022 X STATUTE ?;H- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 REMARKS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION National Express LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2601 Navistar Dr Lisle, IL 60532-3679 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH RIZEa�� ESENTA ACORD 30 (2016/03) 2563896 Sentry Select Insurance Company 1 00001 0000000000 21326 0 N Page 1 of 2 © 2010-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11/22/2021 1 f091 5b0-5f78-4ef1 -b5fe-b2821 e735eff �..� AGENCY CUSTOMER ID: XXXXXX2135 ACOR" LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Travis Nash NAMED INSURED Industrial Power LLC DBA Industrial Power Trucks POLICY NUMBER 2563896004 CARRIER Sentry Select Insurance Company NAIC CODE 21180 EFFECTIVE DATE: 07/01/2021 WDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 30 FORM TITLE: Certificate Of Garaqe Insurance Garagekeepers Liability Location # State Basis Collision Limit 2 TX Natural Disasters Legal $ 2,500,000 Liability 3 TX Natural Disasters Legal $ 3,500,000 Liability 4 TX Natural Disasters Legal $ 3,000,000 Liability Comp/OTC/Specified Perils Limit $ 2,500,000 $ 3,500,000 $ 3,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. 2563896 The ACORD name and logo are registered marks of ACORD 11/22/2021 Sentry Select Insurance Company COMMERCIAL AUTO CA88041013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Name of Person or Organization: National Express LLC Start Date of Show: Event Name: Event Location: E1181:l:IBill 14 End Date of Show: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II - General Liability Coverages, Paragraph D. Who Is An Insured is amended by the addition of the following: The following are "insureds" for "auto dealer operations"; The person or organization listed in the Schedule above, but only with respect to liability arising out of your "auto dealer operations" or premises owned by or rented to you. All other terms and provisions of the policy remain unchanged. Change effective 11/22/2021 CA 88 04 10 13 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 2563896 with its permission. 11/22/2021 Sentry Select Insurance Company 1 00001 0000000000 21326 0 N 8019867b-90a2-4d70-bdec-7e589ba5079c C Z O H w m O U O W a U H w W U C Z O H LU m O U LL O LU H Q U H w LU U uaM 01-339 (Rev.4-13/8) Texas Sales and Use Tax Resale Certificate Name of purchaser, firm or agency as shown on permit Phone (Area code and number) INDUSTRIAL POWER, LLC 817-834-7473 Address (Street & number, P.O. Box or Route number) 712 N. BEACH ST. City, State, ZIP code FORT WORTH TX 76111 Texas Sales and Use Tax Permit Number (must contain 11 digits) I117151216181211 1315141 Out-of-state retailer's registration number or Federal Taxpayers Registry (RFC) number for retailers based in Mexico (Retailers based in Mexico must also provide a copy of their Mexico registration form to the seller.) I, the purchaser named above, claim the right to make a non-taxable purchase (for resale of the taxable items described below or on the attached order or invoice) from: Seller: Street address: City, State, ZIP code: Description of items to be purchased on the attached order or invoice: TRUCK REPAIR PARTS & MAINTENANCE ITEMS Description of the type of business activity generally engaged in or type of items normally sold by the purchaser: TRUCK & EQUIPMENT SALES, RENTAL, PARTS & SERVICE DEALER The taxable items described above, or on the attached order or invoice, will be resold, rented or leased by me within the geographical limits of the United States of America, its territories and possessions or within the geographical limits of the United Mexican States, in their present form or attached to other taxable items to be sold. I understand that if I make any use of the items other than retention, demonstration or display while holding them for sale, lease or rental, I must pay sales tax on the items at the time of use based upon either the purchase price or the fair market rental value for the period of time used. I understand that it is a criminal offense to give a resale certificate to the seller for taxable items that / know, at the time of purchase, are purchased for use rather than for the purpose of resale, lease or rental, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. Purchaser �� // here /�(},d'(.I&bdL//� ZsG4ea�l Title ACCOUNTS RECEIVABLE MANAGER Date 01/01/2020 This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. TEXAS SALES AND USE TAX RESALE CERTIFICATE Name of purchaser, firm or agency as shown on permit Phone (Area code and number) Industrial Power LLC 817-834-7473 Address (Street & number, P.O. Box or Route number) 950 Mario Court City, State, ZIP code Lewisville, TX 75057 Texas Sales and Use Tax Permit Number (must contain 11 digits) 11,715,21618,21113,5141 Out-of-state retailer's registration number or Federal Taxpayers Registry (RFC) number for retailers based in Mexico 1 1 (Retailers based in Mexico must also provide a copy of their Mexico registration form to the seller.) I, the purchaser named above, claim the right to make a non-taxable purchase (for resale of the taxable items described below or on the attached order or invoice) from: Seller: Lonestar Emergency Group Street address: 4553 Aldine Bender Rd. City, State, ZIP code: Houston, TX 77032 Description of items to be purchased on the attached order or invoice: Truck parts and maintenance items Description of the type of business activity generally engaged in or type of items normally sold by the purchaser: Truck parts and maintenance items The taxable items described above, or on the attached order or invoice, will be resold, rented or leased by me within the geographical limits of the United States of America, its territories and possessions or within the geographical limits of the United Mexican States, in their present form or attached to other taxable items to be sold. I understand that if I make any use of the items other than retention, demonstration or display while holding them for sale, lease or rental, I must pay sales tax on the items at the time of use based upon either the purchase price or the fair market rental value for the period of time used. 1 understand that it is a criminal offense to give a resale certificate to the seller for taxable items that 1 know, at the time of purchase, are purchased for use rather than for the purpose of resale, lease or rental, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. Purchaser Title Date sign e a Controller 06/28/2022 This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. ��,:"01-339 (Back) W,° (Rev. 9-07/6) TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION or agency Address (Street & number, P.O. Box or Route number) City, State, ZIP code Phone (Area code and number) I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: Seller: Street address: City, State, ZIP code: Description of items to be purchased or on the attached order or invoice: Purchaser claims this exemption for the following reason: I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law. I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that / know, at the time of purchase, will be used in a manner other than that expressed in this certificate, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. Purchaser sign here Title Date NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Training Report- Indust,, at Powerlsucu truck, LLC tFom Worth. T%( A/�����hsLocation l0' 0176500116 l 0n.LEARIV •Allison Service Capablhty DAIc: 5/4/2021 2:3T02 PM Klii Morris Service ManO% 0X 0% 0% WA 0% N/A N/A. N/A. N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A N/A N/A N/A. N/A N/A Mark&rhri.n Techhcan(100'. 100" 100% 100=. IOV` 100% N/A N/A N/A: WA. 100`n 100F: 1005a IOV° 1N'S 100% 81%. N/A N/A N/A N/A N/A N/A. N/A N/A N/A Ma-voscobedo Technicen(100% 100% 100% 100% 100% 100% N/A NIA N/A. N/A N/A N/A N/A N/A WA N/A N/A N/A N/A NIA N/A N/A NIA N/A N/A N/A Sharron Mitchell S—Ic'Writ O% N/A N/A N/A N/A N/A N/A N/A N/A N/AN/A N/A N/A WA N/A N/A N/A 100% N/A N/A N/A N/A N/A N/A N/A N/A Cody Nelson Technrcian(100' 1003, 100% 100s< 1004, 100% N/A N/A N/A N/A N/A N/A N/A N/A 100% 100% N/A N/A 100% 100'Y.� 100% 100% 1004b IOO�, 10O% NA ,osh whivery Service Man N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A. N/A' N/A N/A N/A 0% N/A N/A N/A N/A N/A N/A N/A N/A Robert Lara Technic—(11% N/A 4% N/A 4% N/A N/A N/A N/A N/A NA N/A N/A NIA N/A N/A N/A N/A N/A 0% 091. N/A N/A N/A i N/A Ryan Whiteaker Service Writ N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 100% N/A N/A N/A N/A NIA N/A N/A N/A CLAY MOORE Parts Nlanat N/A N/A N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1N% Roger Smith Techillcial t72": 68% 42% 40% 429E 40% N/A N/A N/A N/A N/A N/A. 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Product Systems hours 2021 Detail 1395 INSITE Diagnostics 1 0.4 Online Green 03/31/ Product hours 2021 Detail 1396 INSITE Diagnostics 2 0.3 Online Green 03/31/ Product hours 2021 Detail 1397 INSITE Diagnostics 3 0.7 Online Green 03/31/ Product hours 2021 Detail 1394 INSITE Operation 0.5 Online Green 03/31/ Product hours 2021 Detail 1398 INSITE Programming 0.5 Online Green 03/31/ Product hours 2021 Detail 2236 L9.0 CM2450 L126B 0.7 Online Green 03/31/ Product Introduction hours 2021 Development 1443 Turbocharger Shoptalk 0.6 Online Green 01/25/ Product hours 2021 Detail 2239 B6.7 Mechanicals 2 1.0 Online Green 01/19/ Product hours 2021 Detail 2233 B6.7 CM2450 B155B 0.7 Online Green 01/19/ Product Introduction hours 2021 Detail 2235 B6.7 Mechanicals 1 1.0 Online Green 01/19/ Product hours 2021 Detail 1393 INSITE Introduction 0.3 Online Green 01/19/ Product hours 2021 Detail 1380 Exhaust System 0.0 Instructor- Green 01/10/ Product Diagnostics Skills hours led 2020 Detail Assessment 1440 EPA 2010 — 2017 MR/ 0.0 Instructor- Green 01/05/ Product HD Engine Individual hours led 2020 Detail Diagnostics Skills Assessment 2216 B6.7CM2250/CM2350 0.0 Instructor- Green 12/30/ Product Front and Rear hours led 2019 Detail Crankshaft Seal Installation 3240 X15 CM2250/CM2350 0.0 Instructor- Green 12/30/ Product Engine Disassembly hours led 2019 Detail and Reassembly Skills Assessment 2215 B6.7 CM2250/CM2350 0.0 Instructor- Green 12/29/ Product Engine Disassembly hours led 2019 Detail and Reassembly 2213 L9.0 CM2250/CM2350 0.0 Instructor- Green 12/29/ Product Engine Disassembly hours led 2019 Detail and Reassembly 2214 1-9.0 CM2250/CM2350 0.0 Instructor- Green 12/29/ Product Front and Rear hours led 2019 Detail Crankshaft Seal Installation 3231 X12 CM2350 X11913 Air 0.6 Online Green 09/17/ Product Handling System hours 2019 Development 3230 X12 CM2350 X119B 0.6 Online Green 09/17/ Product Cooling System hours 2019 Development 3236 X12 CM2350 X119B 0.7 Online Green 09/17/ Product Engine Brakes hours 2019 Development 3232 X12 CM2350 X119B 1.1 Online Green 09/17/ Product Fuel System hours 2019 Development 3227 X12 CM2350 X119B 1.0 Online Green 09/17/ Product Introduction hours 2019 Development 3229 X12 CM2350 X119B 0.8 Online Green 09/17/ Product Lubrication System hours 2019 Development 3233 X12 CM2350 X119B 1.0 Online Green 09/17/ Product Mechanicals 1 hours 2019 Development 3235 X12 CM2350 X119B 1.0 Online Green 09/17/ Product Mechanicals 2 hours 2019 Development 3228 X12 CM2350 X119B 0.5 Online Green 09/17/ Product Virtual Engine Build hours 2019 Development 3245 ISM 5/QSX15/X15 EGR 0.2 Online Green 10/11/ Product Cooler Leak Test hours 2018 Detail 5075 B6.7N CM2380 B150B, 0.5 Online Green 09/12/ Product L9N CM2380 L124B hours 2018 Detail and ISM 2N CM2380 X120B Shop Talk 5076 ISM 2 N CM2380 0.6 Online Green 09/12/ Product X120B Air, Fuel and hours 2018 Detail EGR Systems 3167 X11.9/12 & Z13 0.0 Instructor- Green 06/25/ Product Camshaft Removal & hours led 2018 Detail Installation Hands -On Assessment Course 3168 X11.9/12 & Z13 0.0 Instructor- Green 06/25/ Product Cylinder Head & hours led 2018 Detail Rocker Lever Installation Hands -On Assessment Course 3170 X11.9/12 & Z13 Gear 0.0 Instructor- Green 06/25/ Product Train Setup & hours led 2018 Detail Adjustment Hands -On Assessment Course 3166 X11.9/12 & Z13 0.0 Instructor- Green 06/25/ Product Injector Installation hours led 2018 Detail Hands -On Assessment Course 3171 X11.9/12 & Z13 0.0 Instructor- Green 06/25/ Product Overhead Adjustment hours led 2018 Detail Hands -On Assessment Course 3169 X11.9/12 & Z13 Piston/ 0.0 Instructor- Green 06/25/ Product Connecting Rod hours led 2018 Detail Removal & Installation Hands -On Assessment Course 3155 X11.9/12 Front & Rear 0.0 Instructor- Green 06/25/ Product Crankshaft Seal hours led 2018 Detail Installation Hands -On Assessment Course 5072 ISB6.7 G CM2180 B118 1.0 Online Green 04/06/ Product Introduction hours 2018 Detail 2034 QSB3.3 CM2150 0.2 Online CP-1 Green 04/06/ Product Controls hours (4091904) 2018 Detail 5073 ISB6.7 G CM2180 B118 0.2 Online Green 04/05/ Product Fuel System hours 2018 Detail 5074 ISB6.7 G CM2180 B118 0.5 Online Green 04/05/ Product Shop Talk hours 2018 Detail 1201 Natural Gas 0.6 Online Gen-50 Green 04/05/ Product Familiarization hours (4092088) 2018 Detail 2033 B3.3 & QSB3.3 CM2150 0.9 Online CP-1 Green 03/26/ Product Introduction hours (4091904) 2018 Detail 2035 B3.3 & QSB3.3 CM2150 1.3 Online CP-2 Green 03/26/ Product Shop Talk hours (4091905) 2018 Detail 2038 Service Information 0.6 Online Green 03/26/ Product Test - B3.3 and QSB3.3 hours 2018 Detail CM2150 3224 EPA2017 X15 Gear 0.0 Instructor- Green 04/19/ Product Train Hands -On hours led 2017 Detail Assessment Course 1342 XPI Fuel System 0.0 Instructor- Green 04/19/ Product Diagnostics Hands-on hours led 2017 Detail Assessment Course 1357 Advanced Efficient 0.6 Online Green 04/10/ Product Dynamic Efficient hours 2017 Detail Powertrain 2205 L9 CM2350 L116B 0.4 Online Green 12/18/ Product Intro hours 2016 Detail 2204 B6.7 CM2350 B121 B 0.5 Online Green 12/11/ Product Intro hours 2016 Detail 1355 Cummins DOC and 0.7 Online Green 11/26/ Product DPF Technology hours 2016 Detail 1280 Electronic Circuit 1.0 Online Green 11/26/ Product Diagnostics and Repair hours 2016 Detail 3218 X15 CM2350 X114B, 0.6 Online Green 11/26/ Product X116B Introduction hours 2016 Detail 3221 X15 CM2350 X114B, 0.5 Online Green 11/26/ Product X116B Mechanicals hours 2016 Detail 3219 X15 CM2350 X114B, 0.3 Online Green 11/26/ Product X116B Virtual Engine hours 2016 Detail Build 1358 Cummins Connected 0.3 Online Green 10/14/ Product Products hours 2016 Detail 1356 Cummins Single 0.8 Online Green 10/14/ Product Module Aftertreatment hours 2016 Detail 1322 EcoFit UL2 Selective 0.4 Online Green 10/14/ Product Catalytic Reduction hours 2016 Detail Dosing System 3220 XPI Next Gen Fuel 0.7 Online Green 10/14/ Product System hours 2016 Detail 1354 Cummins Selective 0.3 Online Green 10/08/ Product Catalytic Reduction hours 2016 Detail and Ammonia Oxidation Catalyst Systems 1352 EDS 2015 New 0.2 Online Green 07/31/ Product Features Update 1 hours 2016 Detail 1367 EPA Automotive 0.4 Online Green 05/06/ Product update hours 2016 Detail 1338 XPI Fuel System 1.4 Online Green 12/22/ Product Diagnostics hours 2015 Detail 5046 ISX12 G CM2180 Fuel 0.4 Online AF-6 Green 05/30/ Product Familiarization hours (4092065) 2013 Detail 5045 ISX12 G CM2180 0.6 Online AF-6 Green 05/30/ Product Introduction hours (4092065) 2013 Detail 5047 ISX12 G CM2180 Shop 0.7 Online AF-6 Green 05/30/ Product Talk hours (4092065) 2013 Detail 2067 Airless SCR System 0.0 Instructor- Green 02/14/ Product Diagnostics Hands -On hours led 2013 Detail Assessment Course 2135 B Series High Pressure 0.0 Instructor- Green 02/14/ Product Common Rail Fuel hours led 2013 Detail System Diagnostics (Bosch or Delphi) Hands -On Assessment Course 1170 Diesel Oxidation 0.0 Instructor- Green 02/14/ Product Catalyst Diagnostics hours led 2013 Detail Hands -On Assessment Course 1171 Diesel Particulate Filter 0.0 Instructor- Green 02/14/ Product Diagnostics Hands -On hours led 2013 Detail Assessment Course 2132 Midrange XPI Fuel 0.0 Instructor- Green 02/14/ Product System Diagnostics hours led 2013 Detail Hands -On Assessment Course 3152 X15 CM2250/CM2350 0.0 Instructor- Green 02/14/ Product Gear train removal, hours led 2013 Detail installation, & overhead set Hands -On Assessment Course 3153 X15 CM2250/CM2350 0.0 Instructor- Green 02/14/ Product Injection pump hours led 2013 Detail removal, disassembly, installation, & timing Hands -On Assessment Course 5054 CM2180/CM2380 0.0 Instructor- Green 02/01/ Product Automotive Natural hours led 2013 Detail Gas Engine Control System Diagnostics Hands -On Assessment Course 5053 CM2180/CM2380 0.0 Instructor- Green 01/29/ Product Automotive Natural hours led 2013 Detail Gas Engine Ignition System Diagnostics Hands -On Assessment 5052 CM2180/CM2380 0.0 Instructor- Green 01/28/ Product Automotive Natural hours led 2013 Detail Gas Engine Air 5051 CM2180/CM2380 0.0 Instructor- Green 01/22/ Product Automotive Natural hours led 2013 Detail Gas Engine Fuel System Diagnostics Hands -On Assessment 1174 Electronic Control 0.0 Instructor- Green 01/04/ Product System Diagnostics hours led 2013 Detail MR/HD Hands -On Assessment Course 1141 CM2350 Controls 1.2 Online Gen-28 Green 12/28/ Product hours (4092058) 2012 Detail 2119 ISB6.7 and ISL9 0.7 Online MR-19 Green 12/28/ Product CM2350 Shop Talk hours (4092059) 2012 Detail 2117 ISB6.7 CM2350 0.5 Online MR-19 Green 12/28/ Product Introduction hours (4092059) 2012 Detail 2118 ISL9 CM2350 0.6 Online MR-19 Green 12/28/ Product Introduction hours (4092059) 2012 Detail 3141 ISX12 CM2350 Fuel 0.8 Online HD-57 Green 12/28/ Product System hours (4092063) 2012 Detail 3139 ISX12 CM2350 0.5 Online HD-56 Green 12/28/ Product Introduction hours (4092062) 2012 Detail 3142 ISX12 CM2350 Shop 0.3 Online HD-58 Green 12/28/ Product Talk hours (4092064) 2012 Detail 3140 ISX12 CM2350 Virtual 0.3 Online HD-56 Green 12/28/ Product Engine Build hours (4092062) 2012 Detail 1143 EPA 2013 0.6 Online Gen-28 Green 12/19/ Product Aftertreatment hours (4092058) 2012 Detail 1142 EPA 2013 OBD 0.3 Online Gen-28 Green 12/19/ Product hours (4092058) 2012 Detail 3138 ISX15 CM2350 Shop 0.2 Online HD-55 Green 12/19/ Product Talk hours (4092061) 2012 Detail 1140 INSITE 7.5 Update 0.4 Online Gen-25 Green 12/14/ Product hours (4092012) 2012 Detail 3135 ISX15 CM2350 0.5 Online HD-54 Green 12/14/ Product Introduction hours (4092060) 2012 Detail 3136 ISX15 CM2350 Virtual 0.3 Online HD-54 Green 12/14/ Product Engine Build hours (4092060) 2012 Detail 3115 ISX CM570, CM870, 0.0 Instructor- Green 10/19/ Product CM871 Static Injection hours led 2012 Detail Timing Measure Hands -On Assessment Course 3114 ISX CM570, CM870, 0.0 Instructor- Green 10/19/ Product CM871 Static Injection hours led 2012 Detail Timing Measure Written Assessment 3122 ISX CM570, CM870, 0.3 Online HD-34 Green 10/10/ Product CM871 Static Injection hours (4092007) 2012 Detail Timing Measure 5027 Gas Plus Shop Talk 0.1 Online AF-3 Green 04/25/ Product hours (4091902) 2012 Detail 5028 B Plus Bgi, C Plus & L 0.3 Online AF-2 Green 03/22/ Product Plus Fuel Supply hours (4091901) 2012 Detail Systems 5032 ISL G CM2180A 0.8 Online AF-4 Green 03/22/ Product Controls hours (4091903) 2012 Detail 5034 ISL G CM2180A Fuel 0.2 Online AF-4 Green 03/22/ Product Familiarization hours (4091903) 2012 Detail 5033 ISL G CM2180A Three- 0.2 Online AF-4 Green 03/22/ Product Way Catalyst hours (4091903) 2012 Detail 5019 L Gas Plus Cooling 0.2 Online AF-3 Green 03/22/ Product System hours (4091902) 2012 Detail 5016 L Gas Plus Lubrication 0.2 Online AF-2 Green 03/22/ Product System hours (4091901) 2012 Detail 5031 ISL G CM2180A 0.5 Online AF-4 Green 02/01/ Product Introduction hours (4091903) 2012 Detail 1121 EDS Introduction 0.3 Online Green 01/31/ Product hours 2012 Detail 1122 EDS Technician 0.7 Online Green 01/31/ Product Training hours 2012 Detail 2109 CM554 Controls 0.6 Online MR-16 Green 10/12/ Product hours (4091986) 2011 Detail 2104 ISC and ISL 0.6 Online MR-16 Green 10/12/ Product Introduction hours (4091986) 2011 Detail 2107 CM850 Controls 0.3 Online MR-16 Green 10/10/ Product hours (4091986) 2011 Detail 2095 QSB6.7 CM2250 0.3 Online MR-15 Green 10/04/ Product Virtual Engine Build hours (4091981) 2011 Detail 1092 QSOL Service 2010 0.5 Online Gen-20 Green 10/02/ Product Update hours (4091982) 2011 Detail 2092 QSB6.7 & QSL9 0.9 Online MR-14 Green 06/23/ Product CM2250 Shop Talk hours (4091980) 2011 Detail 2090 QSB6.7 CM2250 0.4 Online MR-14 Green 06/23/ Product Introduction hours (4091980) 2011 Detail 3083 ISX11.9 CM2250 Air 0.2 Online HD-22 Green 05/30/ Product Flow hours (4091973) 2011 Detail 3082 ISX11.9 CM2250 0.1 Online HD-22 Green 05/30/ Product Component Cooling hours (4091973) 2011 Detail Flow 3090 ISX11.9 CM2250 0.2 Online HD-24 Green 05/30/ Product Cooling System hours (4091975) 2011 Detail 3081 ISX11.9 CM2250 Fuel 0.8 Online HD-23 Green 05/30/ Product System hours (4091974) 2011 Detail 3079 ISX11.9 CM2250 0.4 Online HD-22 Green 05/30/ Product Introduction hours (4091973) 2011 Detail 3091 ISX11.9 CM2250 0.2 Online HD-24 Green 05/30/ Product Lubrication System hours (4091975) 2011 Detail 3085 ISX11.9 CM2250 0.4 Online HD-24 Green 05/30/ Product Mechanicals Section 1 hours (4091975) 2011 Detail 3086 ISX11.9 CM2250 0.9 Online HD-25 Green 05/30/ Product Mechanicals Section 2 hours (4091976) 2011 Detail 3084 ISX11.9 CM2250 Rear 0.2 Online HD-22 Green 05/30/ Product Engine Power Take -Off hours (4091973) 2011 Detail Unit 3080 ISX11.9 CM2250 0.3 Online HD-22 Green 05/30/ Product Virtual Engine Build hours (4091973) 2011 Detail 2077 ISB6.7 CM2250 0.4 Online MR-13 Green 05/27/ Product Introduction hours (4091962) 2011 Detail 2078 ISB6.7 CM2250 Virtual 0.4 Online MR-13 Green 05/27/ Product Engine Build hours (4091962) 2011 Detail 2079 ISC8.3 & ISL9 CM2250 0.5 Online MR-13 Green 05/27/ Product Introduction hours (4091962) 2011 Detail 2005 B Series Engine Air 0.9 Online MR-2 Green 04/18/ Product Systems hours (4091931) 2011 Detail 2003 B Series Engine 0.3 Online MR-1 Green 04/18/ Product Cooling Systems hours (4091930) 2011 Detail 2004 B Series Engine Lube 0.3 Online MR-2 Green 04/18/ Product Systems hours (4091931) 2011 Detail 2002 B Series Engine Rear 0.6 Online MR-1 Green 04/18/ Product Gear Train hours (4091930) 2011 Detail 2000 B Series Engine 0.3 Online MR-1 Green 04/16/ Product Mechanicals hours (4091930) 2011 Detail 1018 Celect Unit Injector 0.2 Online Gen-8 Green 04/16/ Product Systems hours (4091913) 2011 Detail 3019 ISM CM876 Electronic 0.4 Online HD-8 Green 04/16/ Product Controls hours (4091926) 2011 Detail 3018 ISM CM876 0.3 Online HD-8 Green 04/16/ Product Introduction hours (4091926) 2011 Detail 3025 ISM CM876 Shop Talk 0.3 Online HD-9 Green 04/16/ Product hours (4091927) 2011 Detail 3020 ISM Cooling System 0.2 Online HD-8 Green 04/16/ Product hours (4091926) 2011 Detail 3023 ISM Engine Brake 0.2 Online HD-8 Green 04/16/ Product hours (4091926) 2011 Detail 3022 ISM Fuel System 0.2 Online HD-8 Green 04/16/ Product hours (4091926) 2011 Detail 3021 ISM Lubrication 0.3 Online HD-8 Green 04/16/ Product System hours (4091926) 2011 Detail 3024 ISM Mechanicals 0.4 Online HD-9 Green 04/16/ Product hours (4091927) 2011 Detail 3014 Aftertreatment 0.3 Online HD-6 Green 04/12/ Product Hydrocarbon Injector hours (4091924) 2011 Detail System ISX CM871/ ISM CM876 1060 Aftertreatment SCR 0.6 Online Gen-17 Green 04/12/ Product Catalyst System with hours (4091958) 2011 Detail DOC and DPF 3030 Crankcase Breather 0.2 Online HD-9 Green 04/12/ Product ISX CM871 & ISM hours (4091927) 2011 Detail CM876 3057 EPA HD OBD 0.2 Online HD-18 Green 04/12/ Product hours (4091961) 2011 Detail 3056 ISX15 CM2250 Air 0.2 Online HD-18 Green 04/12/ Product Handling hours (4091961) 2011 Detail 3060 ISX15 CM2250 Engine 0.3 Online HD-18 Green 04/12/ Product Brake hours (4091961) 2011 Detail 3055 ISX15 CM2250 0.2 Online HD-18 Green 04/12/ Product Lubrication Flow hours (4091961) 2011 Detail 1014 Multiplexing 0.3 Online Gen-4 Green 04/12/ Product hours (4091909) 2011 Detail 1079 BETT Update 1.0 0.9 Online Gen-17 Green 04/11/ Product hours (4091958) 2011 Detail 1078 CM2250 Controls 0.9 Online Gen-17 Green 04/11/ Product hours (4091958) 2011 Detail 3013 HD Cool Side EGR Air 0.6 Online HD-5 Green 04/11/ Product Handling hours (4091923) 2011 Detail Familiarization 1057 INSITE 7.2 Update 0.2 Online Gen-17 Green 04/11/ Product hours (4091958) 2011 Detail 3054 ISX15 CM2250 0.1 Online HD-17 Green 04/11/ Product Component Cooling hours (4091960) 2011 Detail 3052 ISX15 CM2250 Fuel 0.6 Online HD-16 Green 04/11/ Product System hours (4091959) 2011 Detail 3051 ISX15 CM2250 0.4 Online HD-16 Green 04/11/ Product Introduction hours (4091959) 2011 Detail 3053 ISX15 CM2250 0.6 Online HD-17 Green 04/11/ Product Mechanicals hours (4091960) 2011 Detail 3059 ISX15 CM2250 Virtual 0.3 Online HD-17 Green 04/11/ Product Engine Build hours (4091960) 2011 Detail 1065 ECM Calibrations on 0.1 Online Gen-16 Green 04/10/ Product QSOL hours (4091951) 2011 Detail 1054 EPA07 Aftertreatment 0.2 Online Gen-15 Green 04/10/ Product Review hours (4091946) 2011 Detail 1056 EPA07 Aftertreatment 0.2 Online Gen-15 Green 04/10/ Product System and Vehicle hours (4091946) 2011 Detail Operation 1055 EPA07 Aftertreatment 0.4 Online Gen-15 Green 04/10/ Product System Operator hours (4091946) 2011 Detail Interface 1063 Heavy Duty and 0.2 Online Gen-16 Green 04/10/ Product Midrange Coolant hours (4091951) 2011 Detail Drain and Fill Procedures 1064 ISX Cylinder Cutout 0.1 Online Gen-16 Green 04/10/ Product Test hours (4091951) 2011 Detail 1061 ISXCM871, ISM 0.2 Online Gen-16 Green 04/10/ Product CM876, ISB CM2150, hours (4091951) 2011 Detail ISC/ISL CM2150 Air Handling Clean Care 2029 MR Cool Side EGR Air 0.6 Online MR-9 Green 04/10/ Product Handling hours (4091938) 2011 Detail Familiarization 1066 Radiator Cap Pressure 0.1 Online Gen-16 Green 04/10/ Product Test hours (4091951) 2011 Detail 2019 ISB CM2150 0.6 Online MR-8 Green 04/07/ Product Introduction hours (4091937) 2011 Detail 2020 ISB CM2150 Shop Talk 0.3 Online MR-8 Green 04/07/ Product hours (4091937) 2011 Detail 2025 ISB/ISC/ISL CM2150 0.3 Online MR-8 Green 04/07/ Product Control System hours (4091937) 2011 Detail 2024 ISB/ISC/ISL CM2150 0.3 Online MR-8 Green 04/07/ Product Crankcase Breather hours (4091937) 2011 Detail 2023 ISC/ISL CM2150 Fuel 0.2 Online MR-8 Green 04/07/ Product System hours (4091937) 2011 Detail 2021 ISC/ISL CM2150 0.5 Online MR-8 Green 04/07/ Product Introduction hours (4091937) 2011 Detail 2022 ISC/ISL CM2150 Shop 0.4 Online MR-8 Green 04/07/ Product Talk hours (4091937) 2011 Detail 2009 C And L Series Air 0.3 Online MR-6 Green 04/06/ Product Systems hours (4091935) 2011 Detail 2011 C And L Series Cooling 0.2 Online MR-6 Green 04/06/ Product Systems hours (4091935) 2011 Detail 2010 C And L Series Lube 0.3 Online MR-6 Green 04/06/ Product Systems hours (4091935) 2011 Detail 2008 C And L Series 1.2 Online MR-5 Green 04/06/ Product Mechanicals hours (4091934) 2011 Detail 1041 Fuel System Clean 0.3 Online Gen-12 Green 04/03/ Product Care hours (4091847) 2011 Detail 1044 Maintenance Of 0.6 Online Gen-13 Green 04/03/ Product Cummins hours (4091917) 2011 Detail Aftertreatment Assesmbly 1043 Principles Of 0.4 Online Gen-13 Green 04/03/ Product Hydrocarbon Dosing hours (4091917) 2011 Detail 1024 Common Fuel System 0.3 Online Gen-10 Green 04/01/ Product Problems hours (4091915) 2011 Detail 1023 Common Rail Systems 0.4 Online Gen-10 Green 04/01/ Product hours (4091915) 2011 Detail 1004 Basic Electrical Theory 0.5 Online Gen-2 Green 03/31/ Product hours (4091907) 2011 Detail 1005 Digital Multimeter 0.4 Online Gen-2 Green 03/31/ Product Usage hours (4091907) 2011 Detail 1006 Electrical Circuits 0.4 Online Gen-2 Green 03/31/ Product hours (4091907) 2011 Detail 1012 Electrical Diagrams 0.3 Online Gen-4 Green 03/31/ Product hours (4091909) 2011 Detail 1013 Electrical Wiring 0.4 Online Gen-4 Green 03/31/ Product hours (4091909) 2011 Detail loll Electronic Control 0.3 Online Gen-3 Green 03/31/ Product System Identification hours (4091908) 2011 Detail 1008 Electronic Control 0.5 Online Gen-3 Green 03/31/ Product System Inputs hours (4091908) 2011 Detail 1010 Electronic Control 0.3 Online Gen-3 Green 03/31/ Product System Outputs hours (4091908) 2011 Detail 1009 Electronic Control 0.3 Online Gen-3 Green 03/31/ Product System Processors hours (4091908) 2011 Detail 1031 Insite- Diagnostic 0.2 Online Gen-6 Green 03/31/ Product Operation hours (4091911) 2011 Detail 1033 Insite- Ecm Calibration 0.3 Online Gen-6 Green 03/31/ Product hours (4091911) 2011 Detail 1035 Insite- Ecm Data 0.3 Online Gen-7 Green 03/31/ Product hours (4091912) 2011 Detail 1034 Insite-Multimodule 0.2 Online Gen-6 Green 03/31/ Product Calibration hours (4091911) 2011 Detail 1029 Insite - Operation 0.6 Online Gen-6 Green 03/31/ Product hours (4091911) 2011 Detail 1037 Insite- Printing And 0.2 Online Gen-7 Green 03/31/ Product File Manipulation hours (4091912) 2011 Detail 1030 Insite- Read And Reset 0.3 Online Gen-6 Green 03/31/ Product Fault Codes hours (4091911) 2011 Detail 1032 Insite - Reading And 0.3 Online Gen-6 Green 03/31/ Product Adjusting Features And hours (4091911) 2011 Detail Parameters 1027 Insite-Windows 0.3 Online Gen-6 Green 03/31/ Product Familiarization hours (4091911) 2011 Detail 1036 Insite- Work Orders 0.2 Online Gen-7 Green 03/31/ Product hours (4091912) 2011 Detail 1028 Insite Registering And 0.2 Online Gen-6 Green 03/31/ Product Fuctionality hours (4091911) 2011 Detail 1003 Introduction To 0.3 Online Gen-2 Green 03/31/ Product Electrical hours (4091907) 2011 Detail Troubleshooting 1015 Troubleshooting 0.3 Online Gen-5 Green 03/31/ Product Techniques For hours (4091910) 2011 Detail Electronic Control Systems 1094 Diesel Particulate Filter 0.4 Online Gen-20 Green 03/17/ Product Cleaning in Reference hours (4091982) 2011 Detail to Fault Codes 1922 and1981 1042 Engine Clean Care 0.5 Online Gen-12 Green 03/17/ Product hours (4091847) 2011 Detail 3015 ISX CM871 0.8 Online HD-7 Green 03/17/ Product Mechanicals hours (4091925) 2011 Detail 1039 QSOL Introduction For 0.3 Online Gen-12 Green 03/17/ Product Service Professionals hours (4091847) 2011 Detail 1040 QSOL Searches For 0.6 Online Gen-12 Green 03/17/ Product Service Professionals hours (4091847) 2011 Detail 1093 Turbocharger Shroud 0.3 Online Gen-20 Green 03/17/ Product Plate Repair Procedure hours (4091982) 2011 Detail 3047 Variable Geometry 0.5 Online HD-13 Green 03/17/ Product Turbocharger Cross hours (4091947) 2011 Detail Shaft Replacement 3008 X-Series Engine Brake 0.3 Online HD-4 Green 03/17/ Product hours (4091922) 2011 Detail 3007 X-Series Front Gear 0.3 Online HD-3 Green 03/17/ Product Train hours (4091921) 2011 Detail 3005 X-Series IFSM Flow 0.2 Online HD-3 Green 03/17/ Product (Pressure Side Fuel hours (4091921) 2011 Detail Filtration) 3006 X-Series IFSM Fuel 0.3 Online HD-3 Green 03/17/ Product Actuator Control And hours (4091921) 2011 Detail Injector Operation 3046 Diesel Combustion 0.4 Online HD-12 Green 03/15/ Product Review hours (4091949) 2011 Detail 1016 Diesel Fuel System 0.3 Online Gen-8 Green 03/15/ Product Functions hours (4091913) 2011 Detail 1025 Fuel Sub -system 0.4 Online Gen-11 Green 03/15/ Product Component hours (4091916) 2011 Detail Malfunctions 1026 Fuel System Electrical 0.2 Online Gen-11 Green 03/15/ Product Problems hours (4091916) 2011 Detail 3044 ISM & ISX Electronic 0.4 Online HD-11 Green 03/15/ Product Troubleshooting and hours (4091948) 2011 Detail Repair 3045 ISM & ISX Hot Side 0.5 Online HD-12 Green 03/15/ Product EGR Familiarization hours (4091949) 2011 Detail 3040 ISM CM570/CM870 0.3 Online HD-11 Green 03/15/ Product Introduction hours (4091948) 2011 Detail 3041 ISM CM875 0.3 Online HD-11 Green 03/15/ Product Introduction hours (4091948) 2011 Detail 3048 ISX CM870 / ISM 0.4 Online HD-14 Green 03/15/ Product CM875 Hot Side EGR hours (4091950) 2011 Detail Valve Troubleshooting Update 3043 ISX CM870 0.3 Online HD-11 Green 03/15/ Product Introduction hours (4091948) 2011 Detail 3002 X-Series Base Engine 0.2 Online HD-2 Green 03/15/ Product Cooling System Flow hours (4091920) 2011 Detail 3003 X-Series Base Engine 0.3 Online HD-2 Green 03/15/ Product Lubrication System hours (4091920) 2011 Detail Flow 0594 Diagnostic Proficiency 0.0 Instructor- Red Product Assessment Using hours led Detail Midrange Common Rail Engine Hands -On Assessment Course 0578 Diagnostics 0.0 Instructor- Red Product Proficiency Hands -On hours led Detail Assessment Course 8056 Failure Code Manual 0.1 Online Red Warranty hours 8049 Introduction to Policy 0.6 Online Red Warranty hours 3029 ISM CM876 Engine 0.0 Instructor- Red Product Hands -On Assessment hours led Detail Course 3028 ISM CM876 Engine 0.0 Instructor- Red Product Written Assessment hours led Detail 2237 L9.0 Virtual Engine 0.5 Online Red Product Build hours Development 2238 L9.0 Mechanicals 1 1.0 Online Red Product hours Development 2240 L9.0 Mechanicals 2 1.0 Online Red Product hours Development 8054 QuickServe Online 0.2 Online Red Warranty hours 8058 Rapidserve Web - US 0.4 Online Red Warranty hours 8057 SRT Manual and 0.5 Online Red Warranty Claiming Accurate hours Labor 8055 Warranty 0.2 Online Red Warranty Administration Manual hours 8052 Warranty Basics 0.3 Online Red Warranty hours 8032 Warranty Classroom 0.0 Instructor- Red Warranty Claim Preparation hours led Assessment 8031 Warranty Classroom 0.0 Instructor- Red Warranty Written Assessment hours led 8053 Warranty 0.1 Online Red Warranty Communications hours 8051 Warranty Terminology 0.3 Online Red Warranty hours 3243 X12 CM2350 X119B 0.0 Instructor- Red Product Fuel System hours led Development Diagnostic Skill Assessment 3242 X12 CM2350 X119B 0.0 Instructor- Red Product Mastery Assessment hours led Development Test 3244 X12 Engine 0.0 Instructor- Red Product Diagnostics Skill hours led Development Assessment 3241 X12 Engine 0.0 Instructor- Red Product Mechanicals Skills hours led Development Assessment 3248 X15 CM2450 X124B 0.8 Online Red Product Engine Introduction hours Development 3249 X15 CM2450 X124B 0.5 Online Red Product Virtual Engine Build hours Development 3271 X15 CM2450 X134B 0.6 Online Red Product Engine Introduction hours Development 3272 X15 CM2450 X134B 0.5 Online Red Product Engine Virtual Build hours Development 3274 X15 CM2450 X134B — 0.6 Online Red Product Next Gen XPI Fuel hours Development Pump Replacement 3273 X15 Front Gear Train 0.7 Online Red Product with Doweled Idler hours Development Assemblies �a��.e e�;,i@'9'Bt ;� �@0`d'Bf; �a@'9Br , \\1H@ddPd!'lOapt p\\100@NI!'!//�' y"i101NPdlll'/F`%' A"g ",k@PdPdoyp 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IM i/ O -P MMI '+ o --------------- %v r F . ( s� \� 1 1 \� /d 4.141 pm, ,�u F-q tmi t� W 5-1 FORTWORTH. ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIR PURCHASING DIVISION ADDENDUM NO. 1 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: November 17, 2022 (CHANGED) REVISED BID OPENING DATE: December 1, 2022 DATE ISSUED: October 28, 2022 ITB No. 23-0001, issued October 26, 2022, is hereby amended as follows: 1. Deadline for Questions is changed from November 3, 2022 at 5:00 PM (Local Time) to November 10, 2022 at 5:00 PM (Local Time). 2. Answers Posted is changed from November 8, 2022 to November 15, 2022. 3. Bid Opening Date is changed from November 17, 2022 at 1:30 PM (Local Time) to December 1, 2022 at 1:30 PM (Local Time). 4. Part 1, Section 4.0, Pre -bid Conference and Site Visits, has been changed to read: 4.0 PRE -BID CONFERENCE AND SITE VISITS 4.1 Pre -Bid Conference: A pre -bid conference will be held in person and via WebEx on Wednesday, November 9, 2022, at 10:00 AM (Local Time). Attendance at pre -bid conferences is not mandatory but strongly encouraged. In -Person City Hall 200 Texas St. Fort Worth, TX 76102 City Managers Conference Room #380. Located on the 3rd Floor at the North end of the building. Webex Meeting Phone Number: 469-210-7159 Meeting number (access code): 2551 775 5797 Meeting Password: TuEipmYZ728 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/m.php?MTI D=mba8d42af 3b923105199cd06cc344a352 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 1, Page 1 of 2 Heather Oakes BUYER ------------------------------------------------------------------------------- By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: Industrial Power LLC. SIGNATURE: '�Fa44 5z�& NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 1, Page 2 of 2 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: Bailey Bible Position: Municipal Account Manager Signature 2. Name: Position: Signature Name: Position: Signature Name: Brian O'Neil 4Z.� owed Signature of President / CEO Other Title: Owner Date: 1 /25/23 Non -Exclusive Vendor Services Agreement CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-966485 Industrial Power LLC. Fort Worth, TX United States Date Filed: 12/21/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repair 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Bailey Bible and my date of birth is 02/13/1992 My address is 10800 Sedalia Dr. McKinney , TX 75070 U.S. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Collin County, State of Texas on the 21 day of December, 20 22 (month) (year) L�G%G �[[ ��f Signature authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 M&C Review Page 1 of 3 0 Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FOR H Create New From This M&C 13P ITB 23-0001 DATE: 2/14/2023 REFERENCE **M&C 23- LOG NAME: LIGHT/HEAVY DUTY NO.: 0067 VEHICLE REPAIRS SVS TD PMD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Non -Exclusive Purchase Agreements with Autonation Chevrolet, Autonation Ford, Bruce Lowrie Chevrolet, Buck's Wheel & Equipment Co., CLS Sewer Equipment Co. Inc, Industrial Power LLC, Kirby -Smith Machinery, Landmark Equipment Co., RDO Equipment Company, Stewart & Stevenson, Texan Waste Equipment dba Heil of Texas, and WildFire Truck Equipment Sales LTD, for Heavy and Light Duty, Marine and Turf Vehicle Repairs for the Property Management Department for a Combined Annual Amount Up to $2,000,000.00 for the Initial Term and Authorize Four One -Year Renewal Options for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize non-exclusive purchase agreements with Autonation Chevrolet, Autonation Ford, Bruce Lowrie Chevrolet, Buck's Wheel & Equipment Co., CLS Sewer Equipment Co. Inc, Industrial Power LLC, Kirby -Smith Machinery, Landmark Equipment Co., RDO Equipment Company, Stewart & Stevenson, Texan Waste Equipment dba Heil of Texas, and WildFire Truck Equipment Sales LTD, for heavy and light duty, marine and turf vehicle repairs for the Property Management Department for a combined annual amount up to $2,000,000.00 for the initial term and authorize four one-year renewal options for the same annual amount. DISCUSSION: The Property Management (Fleet) Department approached the Purchasing Division for assistance with securing an annual agreement for repair services of City -owned heavy and light duty, marine, and turf vehicles for the Property Management Department on an "as needed" basis. In order to procure these services, purchasing staff issued Invitation to Bid (ITB) No. 23-0001. The ITB included detailed specifications describing the requirements for light and heavy duty vehicle repairs and services. The ITB was advertised in the Fort Worth Star -Telegram on October 30, 2022, November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022. Twelve responses were received. An evaluation panel consisting of representatives from the Property Management and Code Compliance Departments evaluated and scored the responses 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 I Evaluation Criteria 0®0®0 Total Autonation Chevrolet 5.33 5.33 10.67 7.5 33.83 Autonation Ford a:1 F5 10 7.5 32.50 Bruce Lowrie Chevrolet 6.33 6.33 05 11.33 ®37.00 Buck's Wheel & Equipment Co. IL66.33 5.33 10 36.67 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30694&councildate=2/14/2023 2/15/2023 M&C Review Page 2 of 3 ICLS Sewer Equipment Co. Inc IUU 4.67 10 u 32.67 Industrial Power LLC 6.33 6.33 5.33 14 10 42.00 Kirby -Smith Machinery 5.57 ©® 13.33 7.50 36.50 Landmark Equipment Co 0© 5.33 8.67 ®33.00 RDO Equipment Company 5.67 ©�5 11.33 ®36.00 Stewart & Stevenson ©6.67 5.67 12.67 0 40.00 Texan Waste Equipment dba Heil of Texas 0 5.33 4.33 10 ®32.67 WildFire Truck Equipment Sales LTD 5.33 ©5.67 10 7.5 34.50 Best Value criteria: (a) Contractor's qualification; (b) Contractor's experience; (c) Contractor's references; (d) Contractor's availability of resources (personnel) (e) Contractor's approach to perform services After evaluation, the panel concluded that Autonation Chevrolet, Autonation Ford, Bruce Lowrie Chevrolet, Buck's Wheel & Equipment Co., CLS Sewer Equipment Co. Inc, Heil of Texas, Industrial Power LLC, Kirby -Smith Machinery, Landmark Equipment Co., RDO Equipment Company, Stewart & Stevenson, and WildFire Truck Equipment Sales LTD presented the best value to the City and therefore, recommends that Council authorize non-exclusive agreements with these vendors. Under these non-exclusive agreements, the department will order services according to the lowest cost and availability. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors' bids met specifications. Funding is budgeted in the Fleet Service Outside Rep & Maint account of the Property Managment Department's Fleet & Equipment Sery Fund, as appropriated. 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. 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 upon approval of the above recommendation, funds are available in the current operating budget, as previously appropriated, in the Fleet & Equipment Sery Fund. Prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30694&councildate=2/14/2023 2/15/2023 M&C Review Page 3 of 3 Fund IDepartment Account Project Program Activity I Budget Reference # ID I I ID I I Year (Chartfield 2' Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Dana Burghdoff (8018) Anthony Rousseau (8338) Steve Cooke (5134) Anthony Rousseau (8338) Taylor Dean (7648) Amount ATTACHMENTS 13P ITB 23-0001 LIGHT HEAVY DUTY VEHICLE REPAIRS SVS TD PMD funds availabil (CFW Internal) 23-0001 LightDutyVehicles Waiver.pdf (CFW Internal) All 1295 Forms.pdf (CFW Internal) All SAMS Reports.pdf (CFW Internal) Combined FID TABLE.xlsx (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30694&councildate=2/14/2023 2/15/2023