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HomeMy WebLinkAboutContract 59265City Secretary Contract No. 59265 FORT WORTH® 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 RDO Equipment Company, 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. 1. 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 — RDO Equipment 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-annronriation 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 — RDO Equipment 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 — RDO Equipment officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate 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 — RDO Equipment software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (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 — RDO Equipment $100,000 - $500,000 - Bodily Injury by disease; each employee Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - $1,000,000 - Each Claim Limit 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 Reeulations. 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 — RDO Equipment 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: RDO Equipment Jeffrey R. Sigmon 5301 Mark IV Parkway Fort Worth, Tx 76131 Facsimile: n/a Email: jsigmon@rdoequipment.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. Severabilitv. 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 — RDO Equipment 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 — RDO Equipment 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 — RDO Equipment 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 — RDO Equipment IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: Dana. Bcu itdolL By: Dana Burghdoff (Aspir20, 202 16:18 CDT) Name: Dana Burghdoff Title: Assistant City Manager APPROVAL RECOMMENDED: By: Name: Steve Cooke Title: Property Management Director 4.d44U0n�� ATTEST: �ao� FORp�ad a� a o�nd0, 0� P,v By: Name: Title: Steve o ke (Apr 19, 202315:29 CDT) A Jannette S. Goodall City Secretary VENDOR: RDO Equipment Company By: Name: Shawna Garza Title: Regional Aftermarket Manager shawna garza (�t2 garza ( r l 23 07:59 CDT) 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. ,Denise GaYCia By: Denise Garcia (Apr 18, 2023 21:44 CDT) Name: Denise Garcia Title: Purchasing Manager -General Services Department APPROVED AS TO FORM AND LEGALITY: By: Name: Amar Thakrar Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0067 Form 1295: 2022-966483 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Non- Exclusive Vendor Services Agreement Page 11 of 11 ITB No. 23-0001 — RDO Equipment 1.0 INTENT 1.1 EXHIBIT A SCOPE OF SERVICES 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 Allison Altec Artic Cat Aquatech Bendix Bertram Big Tex BMW Boston Whaler Buick Caddo Manufacturing Cadillac Champion Chaparral Chevrolet Cub Cadet Cummins Custom- Chris Trim Custom- Lawhon Custom- Tommy Gate Custom- Youngs Delta Rigging Detroit Dodge Doosan Duetz Eaton E-One Ford Freightliner GMC Honda Husqvarna Hyundai Infiniti International Interstate Trailers Isuzu Jacobsen JCB Jeep JLG Vendor Services Agreement Lexus Lincoln Mack Mazda M&D Mercedes/ Sprinter Meritor Metro Mitsubishi Muncie National Crane New Holland Nissan Onan Generators Peterbilt Pierce (Fire Apparatus) Pioneer Pipehunter/ Jeteye Progard Ram Rivian ROM Corp Rosenbauer Scag Snapper Spartan Spitzlift Sterling Stellantis (Chrysler) Subaru Tennant Terex Texas Steer Toro Toyota Tracker Twister Vac -Con Vactor Verneer Versalift Volkswagen Volvo John Deere — Green (AG) WABCO John Deere (yellow iron) Wacker Kawaski Whelen Kenworth White River Marine Kia Yamaha Kobelco Zodiac KTM Zodiac Nautic Kubota 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 Brennan Body Shop James Avenue Service Center Northside Service Center Southside Service Center Water Service Center 5.0 PARTS Location 2500 Brennan Street; Fort Worth, TX 76106 5021 James Avenue; Fort Worth, TX 76115 301 Hillshire Drive; Fort Worth, TX 76131 4100 Columbus Trail; Fort Worth, TX 76133 2222 West Daggett; Fort Worth, TX 76102 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 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 + 5%. FORT WORTH. PRICING SUBMITTAL Event ID CFW01-23-0001 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 SE PITTACHGb W Line: 1 Description: HEAVY DUTY - Hourly Shopr Rate, Mon - Fri 7 am -9:30 pm Page Invited: PUBLIC EVENT 4 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 Qtv Unit UnitPrice Total 1000.00 HR / 70 oc i 70j 0190 Line: 2 Description: Qty Unit UnitPrice Total LIGHT DUTY - Hourly Shop Rate, Mon -Fri 1000.00 HR 7am-9:30pm o / %©• col i 7D/ o0 Line: 3 Description: Qfv Unit HEAVY DUTY Hourly Field Rate, Mon -Fri /50-00.00-0y� j /lHR 7 am -9:30 P* •CL !-�� / E C ' ' ' )` i 1 I rl C r/b U Line: 4 Description: Qtv Unit LIGHT DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7am 9:30p �e x }E Ch 7- Ttxf ch6L v Line: 5 Depprkplion HEAVY DUTY-ShopHourly Labor Rate, After Hours (Friday from 9:31 pm through Monday at 6:59 am), Holidays, Weekends Line: 6 Description: LIGHT DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday 5:59am), Holidays, Weekends Line: 7 Description: HEAVY DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip i7 d r.t Line: 8 Dpswi LIGHT OUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip Rai ukzic. Tr -I')--) UnitPrice Total iqo. a) g-',o(go UnitPrice Total / yn . o 9) cr Qtv Unit UnitPrice Total 200.00 HR Qtv 200.00 Unit EA 2S5 . 471 Uo 01 UnitPrice Total .00R -mil3 coo Qtv Unit UnitPrice Total 100.00 EA I O SO •0 0 iO S7OGb Unit UnitPrice Total 10 .00 EA /47714 C i (ED S'/-I-E i 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 CFw01-23-0001 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 Line: 9 Description: Washing, Waxing, Polishing Line: 10 Description: HEAVY DUTY- Parts- Cost (+) J-% Markup. (Apply 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: LIGHT DUTY, Parts- Cost (+)/° Markup. (Apply 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: LIGHT DUTY- SubContracting, Cost (+)4... % 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 Description: 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 + 1 © % markup Qtv 150.00 Page 5 Qtv 250,000.00 Qtv 250,000.00 Qty 125,000.00 Qtv 125,000.00 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 Unit EA Unit EA Unit EA Unit EA Unit EA UnitPrice kb Total UnitPrice Total q0 000..?40) 600 UnitPrice Total UnitPrice Total 4 3) •75 c /f, 7- C) UnitPrice Total 43, 7s Total Bid Amount: Items not listed above will be offered at a markup of 4D. % (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. Pie.,0AsLi alt-a c>I4 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 4 of 33 i e8, 7.7D ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 5 of 5 City Secretary Contract No. FORT 'ORTIi EYonfID 7F.:07-7 -�I ryS Event Round 1jpn i Event Name =-3 Heavy & Lit Miry, E7rrinq 9tbrtTime 1Of26.120. 7104:00 CIY, mP EXHIBIT B PRICE SCHEDULE PRICING SUBMITTAL Turf ' hioJa iteoaira Finish Tine 3.2IU1/2021 13:30:o-0 _CST Line; 1 description: _ HEAVY DUTY- Hourly SlivrFkale, Man- Fn 7 an' r9:3P prn Line; 2 an, LIGHT TY - Heady Shop Rate, Man -Fri Tarn- 3Oprn Una! 5 mart= HEh UTY HoutyField Rate. Man.Fri Bra � E E 1414 + Page In dI : PUBLIC EVENT Submit To: City of Fort Worth FINANCIAL MANAIB.EMENT SERVICES FINANCE Cr4 Purchasing 2001 T6Das St- (LoM1 s Level Rm 1500 ) Fat Worth TX 78102-6314 United States Email- FA1SpurchesingResp roses fgrhyprthtexas.gx+ e urn 1000Ao IR 1L�IO.c I Line: 4 oe:oriotlon: _ LIGHT DUTY i-N.ijry Flew Rig*, Mp -Frt 7arrr4:30001- Unit 5DD.Dp HR 45EE ' Line: T 1 r r t e Descriedon: Unit' HEAVY 0Ury. Shop Frourty LAW Ram. After 206.bo Hk Hour (rimy h4n5 9;31 pm through Monday -al 6:59 em), Holiday#, Weekends Line: 0 beams: LIi3. Snap Hourly Lazar Refit, Me, Hours {Friday learn $:lipni through Mandy 5:59 r ). Holidays, Weekends Line: 7 tiesetiolion: HEAVY DUTY- Tronepartallon Fee {Pick-up De.lveryIrrluelvejIIApplicatrte, Rama 'gyp i4ni 1 ll! r #` t.lne; Dict-poriotign: LIGHT L t!TY-Transporaliprf Fee {piw^ar-up rs delivery Inclusive) Iff appllrshie Round Trip 1G. ri i 4 SCE T - C H untipnlee Fame __)-1 IJnIIPrWr j r'30 ; 04 UrrlIPr!t e Wr Unit:rice_= .042 Tc nI Total _ 4:100 To LeI TotaI I., ooci 20 �v.4o tinUnit UnitPrica "MI 11, 000 I jv Unit 1 0.4D Ea 14QQQ Unit EA UhitPrira 11. UnitPri Taal Itocjailo Tani Lic.LD•oiD I icsio4o Non- Exclusive Vendor Services Agreement ITB No. 23-0001— RDO Equipment Co. Page 13 of 11 City Secretary Contract No. EXHIBIT B PRICE SCHEDULE FORT WORTS} PRICING SUBMITTAL �vsn — cyr11-23-DQ¢1 1Event RamaVereLOrt 1 Event Name I iT9 Heavy F r.i r t 1 ucv, ) rim ; Turf vehicle $Irri Tihl* Finch Tiro i0126f2G22 47a p0 CDT 12/0312022 1 7.I0:00 CET Line: 4 Descrier/ion: Weahlrg, Waxing, Pallsaing Lint: iQ QeSEriCtion: HEAVY DUTY- Par -Cost tsj Markup. {Apply Mark Up Percentage Bid To$25Q.W0To Obtain Correll Sum- Example: 250.000 X 1004 =25.007: 250,000 + 29400= 276,0501i LIne 1t p98Erlpfide: LIGHT DUTY. Perms Cott {•} 3p % Markup- ff p y 26O OO .O0 I,1ark Up Percentage Bid ToS25i . To Obtain Correct Surr, Example: 250,90n x 1 Q% 5,U{10; 260,000 + 25,000- 275,000} Line: 12 Dascil titan: t21Y Li ,HT buTY- S4t6f aniracdng, Cost +}w? 9r, - 14- {APP4. MI Up Percentage 1310 To St 60,Q00 To 0-Nail Correct Sum. Exempla: 125.000 X 10% -12,5f1d; 125,400 + 12,5000 137,60(l) Line_ 1S De ri ztion: , HEAVY CUP? - Su4Fanlracbng, Coal ;+} 9t, 125,d1)0.91) MarItIP- VW* MarlMarlf Lfp Percentage Bid T43125,000 To Obrilan 1prTMCt Firn. Example: 125,000 ]{ 10% = 12,501 125,O00 + 12,50D- 137.50) FeeifJhlCharges - Actual + ! 0 94. markup. 250,OoO,Q0 125,000,00 Il1rrited' PIIBIJC EVENT Submit To! OrofFort Worth FINANCIAL MAEMENT SERVICES FINANCE • CI Hall Purd+lsrsiv 20.0 Texas St. (Loaner Level Rm 1500) Fort Worth TX 7$102.5314 llniled Stales Email: FMSPurdig9ingResponsesgfollworllitexa goy UnIL Egt LhrllPrloe 70� Fir 4314 1290 Unll UrelPYcr Teal EA lWE UnitPrige Total Elk UnitPrIce Ur itPrfce 14 3r7 Total Did Amount teems not IiSIed abatis w+I be off,, .i al rno*up ql 16 % pu pails and replacement pads may be added on pn 1sS r.e,ede i bawls thruugnovtth !tree the agreerncrr;. therefore, the daier grrtilrSubmit a price 1st for all available items wlfh they bid aubmitml.j A bid of 'Cr v be interpreted byte City ea s ne-trl gage f{mo] dent and 1ht DI will not evecl to prry for Iha1 item. A ICI] ai hnn air cif nO response ;apace I&1 blank] will be Interpreted by the C lythat me Ofiergrdoes n.1 wish to bid 8n Ihor dent, Da edviaed. s'no Lir' nv response may be oo•Iside'ad as nori-reasonaliet and may result m despWtifcatian of this bid. Non- Exclusive Vendor Services Agreement ITB No. 23-0001 — RDO Equipment Co. Page 13 of 16 . I RDO, EQUIPMENT CO_ 5301 Mark IV Parkway Fort Worth, Texas 76131 Office (817) 232-8094 Date - November 30, 2022 City of Fort Worth, Texas City of Fort Worth Financial Management Services Finance - City of Hall Purchasing 200 Texas Street (Lower Level Room 15) Fort Worth, Texas 76102-6314 United States Address - FMSPurchasingResponses@fortworthtexas.gov Re: City of Fort Worth Event ID - CFW01-23-0001 Re: Event Name - ITB Heavy and Light Duty, Marine and Turf Vehicle Repairs Re: Vendor Name - RDO Equipment Company, 5301 Mark IV Parkway, Fort Worth 76131 Re: Vendor Tax Identification No - 45-0455407 Re: Vendor ID No - 2259 Re: RDO Staff Member Completing Agreement - Jeffrey R. Sigmon, Customer Service Advisor Re: Email Address / Cell Contact - Jeffrey Sigmon - jsigmon@rdoequipment.com - 817-917-2489 The management and staff of RDO Equipment Company would like to thank the City of Fort Worth for the opportunity to provide this CFW01-23-0001 proposal for the John Deere OEM Construction Equipment repairs. If there are any questions or concerns with the contents of the proposal, please contact Jeff Sigmon, Customer Service Advisor at 817-917-2489. Pricing Submittal - CFW01-23-0001 Event ID - CFW01-23-0001 - ITB Heavy and Light Duty Marine and Turf Vehicle Repairs Page 3 of 33 - Line 1 Heavy Duty - STD Hourly Shop Rate Quantity Unit Price Total 1,000.00 $170.00 $170,000.00 WARRANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 2 Light Duty - STD Hourly Shop Rate Quantity Unit Price Total 1,000.00 $170.00 $170,000.00 WARRANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 1 of 9 Page 3 of 33 - Line 3 Heavy Duty - STD Hourly Field Rate Quantity Unit Price Total Field Level Repairs - Standard Hours 500.00 $190.00 $95,000.00 WARRANTY PERIOD - FIELD LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 4 Light Duty - STD Hourly Field Rate Quantity Unit Price Total Field Level Repairs - Standard Hours 500.00 $190.00 $95,000.00 WARRANTY PERIOD - FIELD LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. LINE 3 AND LINE 4 - FIELD REPAIRS - FIELD ZONE / TRAVEL COST - Field level repairs completed under Line 3 and Line 4 require a second component of the total repair cost. This second component is travel or zone cost. The travel or zone cost is a separate dollar amount reflected on each invoice and is determined by the distance (in mileage) of the repair location from the RDO Equipment Company facility. Please be advised that individual field repairs CAN REQUIRE multiple trips to complete the single repair task. Multiple trips to the work site would result in multiple travel or zone charges. Below, you will see the table of zones (mileage) and the associated zone charges or costs. EXAMPLE - CHART APPLICATION - City of Fort Worth maintenance staff requests a field level service call for construction equipment that is located 15 miles (one way) from RDO Equipment Company. The zone charge type would be Zone 15, round trip miles included would be 30, and the single travel or zone cost would be $190.00. 11.11.22 I ZONE CHARGE ZONE CHARGE TYPE INCLUDED MILEAGE ROUND TRIP COST Zone 5 10 $64.60 Zone 10 20 $129.20 Zone 15 30 $190.00 Zone 20 40 $260.30 Zone 25 50 $317.30 Zone 30 60 $389.50 Zone 35 70 $446.50 Zone 40 80 $518.70 Zone 45 90 $579.50 WARRANTY PERIOD - FIELD LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 5 Heavy Duty - OT Hourly Shop Rate Quantity Unit Price Total (Overtime - After Normal Hours) 200.00 $255.00 $51,000.00 WARRANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 6 Light Duty - OT Hourly Shop Rate Quantity Unit Price Total (Overtime - After Normal Hours) 200.00 $255.00 $51,000.00 WARRANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 7 Heavy Duty - Transportation (Haul) Quantity Unit Price Total 100.00 $1,050.00 $105,000.00 TRANSPORTATION FEE - ROUND TRIP - RDO Equipment Company will transport all NON -PERMIT SIZE construction equipment at a cost of $1,050.00 on a round trip basis. If the equipment size exceeds legal limitations, a permit will be required at an additional cost. Most City of Fort Worth equipment will not require the additional permit. Page 3 of 33 - Line 8 Light Duty - Transportation (Haul) Quantity Unit Price Total 100.00 $1,050.00 $105,000.00 TRANSPORTATION FEE - ROUND TRIP - RDO Equipment Company will transport all NON -PERMIT SIZE construction equipment at a cost of $1,050.00 on a round trip basis. If the equipment size exceeds legal limitations, a permit will be required at an additional cost. Most City of Fort Worth equipment will not require the additional permit. Page 4 of 33 - Line 9 Washing, Waxing, Polishing Quantity Unit Price Total 150.00 NO BID NO BID Page 4 of 33 - Line 10 Heavy Duty Parts Quantity Unit Price Total 36% Mark-up is Provided 250,000.00 $90,000.00 $340,000.00 Mark up percentage Bid to 250,000 to obtain correct sum. Example: 250,000 X 10% = 25,000: 250,000 + 25,000 = 275,000 Page 4 of 33 - Line 11 Light Duty Parts Quantity Unit Price Total 36% Mark-up is Provided 250,000.00 $90,000.00 $340,000.00 Mark up percentage Bid to 250,000 to obtain correct sum. Example: 250,000 X 10% = 25,000: 250,000 + 25,000 = 275,000 Page 4 of 33 - Line 12 35% Mark-up is Provided Light Duty, Subcontracting Quantity Unit Price Total 125,000.00 $43,750.00 $168,750.00 Mark-up (Apply mark up percentage bid to $150,000 to obtain correct sum. Example 125,000 X 10% = 12,500 - 125,000 + 12500 = 137,500) Page 4 of 33 - Line 13 35% Mark-up is Provided Heavy Duty, Subcontracting Quantity Unit Price Total 125,000.00 $43,750.00 $168,750.00 Mark-up (Apply mark up percentage bid to $150,000 to obtain correct sum. Example 125,000 X 10% = 12,500 - 125,000 + 12500 = 137,500) Page 4 of 33 - No Line Number in Proposal ADDENDUM 2 NOTATION - Freight Charges - Actual + 10% markup Signed and dated copy of the Addendum 2 is provided with proposal Items not listed above will be offered at a markup of 36% (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 Offerer does not wish to bid on that item. Be advised, a no bid or no response may be considered as non -responsive and may result in disqualification of this bid. Jeff Sigmon, Customer Service Advisor RDO Equipment Company jsigmon@rdoequipment.com 817-917-2489 EXHIBIT C CITY'S ITB No. 23-0001 (RFP No. 23-0001, Pages Follow) Non- Exclusive Vendor Services Agreement ITB No. 23-0001 — RDO Equipment CO. FORT WORTH. COVER PAGE Event ID CFW01-23-0001 Event Round 1 Version 1 Page 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 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?MTID=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 Place of Business** (if applicable) Attachment C - Vendor's Contact Information** Attachment D - Draft Vendor Service Agreement, attached as a separate document Attachment E — Vendor Qualification Questionnaire** Attachment F - Documentation Checklist ** **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 Event ID Page CFW01-23-0001 3 Event Round Version 1 1 Event Name ITS Heavv e T,iaht. nutv. Marine & Turf Vehicle Re_nairs 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 CFW01-23-0001 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 Line: 1 Description: HEAVY DUTY - Hourly Shopr Rate, Mon - Fri 7 am -9:30 pm Line: 2 Description: LIGHT DUTY - Hourly Shop Rate, Mon -Fri 7am-9:30pm Line: 3 Description: HEAVY DUTY Hourly Field Rate, Mon -Fri 7 am -9:30 pm Line: 4 Description: LIGHT DUTY Hourly Field Rate, Mon -Fri 7am-9:30pm- Line: 5 Description: HEAVY DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday at 6:59 am), Holidays, Weekends Line: 6 Description: LIGHT DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday 5:59am), Holidays, Weekends Line: 7 Description: HEAVY DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip Line: 8 Description: LIGHT DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip Qtv Page 4 1000.00 Qtv 1000.00 Qtv 500.00 Qtv 500.00 Qtv 200.00 Qtv 200.00 Qtv 100.00 Qtv 100.00 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 Unit HR Unit HR Unit HR Unit HR Unit HR Unit EA Unit EA Unit EA UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice Total ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 3 of 33 FORT WORTH. PRICING SUBMITTAL HEAVY DUTY- Parts- Cost (+) % Markup. (Apply 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: LIGHT DUTY, Parts- Cost (+) % Markup. (Apply 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: LIGHT DUTY- SubContracting, Cost (+) 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 Description: 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) Event ID CFW01-23-0001 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 Line: 9 Description: Washing, Waxing, Polishing Qtv 150.00 Line: 10 Description: Qty 250,000.00 Page Invited: 5 Qtv 250,000.00 Qty 125,000.00 Qtv 125,000.00 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 Unit EA Unit EA Unit EA Unit EA Unit EA UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice UnitPrice Total Total 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 1.0 SOLICITATION 1.1 PART - 1 INSTRUCTIONS 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 questions) will NOT be answered. 2.2.2 Delivery of questions by email — FMSPurchasinpResponses(c�fortworthtexas.aov 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 Rcviscd 6.9.2cc 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 anv other delivery terms are not acceptable and may be cause for resection. Revised 6.9.22cc 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 BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be "Net 30 Days" from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at https://www.fortworthtexas.gov/departments/finance/purchasing/ach 14.0 SUBMISSION OF BIDS 14.1 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; Rcviscd 6.9.22cc 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. Rcviscd 6.9.22cc 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; Rcviscd 6.9.22cc 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 httbs://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 Rcviscd 6.9.22cc 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.aov/citvsecretarv/info/default.asr x?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 Revised 6.9.2cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 11 of 33 1.0 SCOPE 1.1 PART — 2 SCOPE OF SERVICES/SPECIFICATIONS 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 ITB Release Date Pre -Bid Conference Deadline for Questions Answers Posted ITB Responses Due Date AT 1:30 p.m. (Local Time) DATE October 26, 2022 November 9, 2022 November 10, 2022 at 5PM (Local Time) November 15, 2022 December 1, 2022 Rcviscd 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 12 of 33 Recommended Vendor Selection December 2022 Mayor and Council Consideration January 2023 Contract Execution February 2023 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. Rcv,scd 6.9.22cc 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. 6.0 DEFINITIONS City Heavy-duty Vehicles Light Duty Vehicles Original Equipment Manufacturer (OEM) The City of Fort Worth Vehicles with a Gross Vehicle Weight over 10,000 pounds. NAFA Class codes (7000-9000). Vehicles with a Gross Vehicles Weight under 10,000 pounds. NAFA Class codes (1000-4999). (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. 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 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 Motor Homes Mowers Off -Road Equipment Scissor/Man Lifts Sewer Equipment Sweepers Trailers (heavy and light) Tracker Transfer Trucks VIP Watercraft Water Tankers Rcviscd 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 14 of 33 8.0 MANUFACTURERS Acura Allison Altec Artic Cat Aquatech Bendix Bertram Big Tex BMW Boston Whaler Buick Caddo Manufacturing Cadillac Champion Chaparral Chevrolet Cub Cadet Cummins Custom- Chris Trim Custom- Lawhon Custom- Tommy Gate Custom- Youngs Delta Rigging Detroit Dodge Doosan Duetz Manufacturers including but not limited to: Eaton E-One Ford Freightliner GMC Honda Husqvarna Hyundai Infiniti International Interstate Trailers Isuzu Jacobsen JCB Jeep JLG John Deere — Green (AG) John Deere (yellow iron) Kawaski Kenworth Kia Kobelco KTM Kubota 9.0 VENDOR RESPONSIBILITIES — Vendor shall Lexus Lincoln Mack Mazda M&D Mercedes/ Sprinter Meritor Metro Mitsubishi Muncie National Crane New Holland Nissan Onan Generators Peterbilt Pierce (Fire Apparatus) Pioneer Pipehunter/ Jeteye Progard Ram Rivian ROM Corp Rosenbauer Scag Snapper Spartan Spitzlift Sterling Stellantis (Chrysler) Subaru Tennant Terex Texas Steer Toro Toyota Tracker Twister Vac -Con Vactor Verneer Versalift Volkswagen Volvo WABCO Wacker Whelen White River Marine Yamaha Zodiac Zodiac Nautic 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 limited to, 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. Rcviscd 6.9.2cc 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 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. Rcviscd 6.9.22cc 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. Revised 6.9.2cc 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.aov. 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: Revised 6.9.2cc 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(a�fortworthtexas.pov. 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(a�fortworthtexas.gov. 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.aov. 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. Rcvi ,cd 6.9.2cc 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. Rcviscd 6.9.22cc 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 CONTRACT OR 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. Rcviscd 6.9.2cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 21 of 33 24.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) 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. Rcviscd 6.9.22cc 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. Rcviscd 6.9.22cc 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. Rcvi ,cd 6.922cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 24 of 33 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H,B. 23, a4ih Leg., Regular Session. This questionnaire is being filed it accordance with Chapter 176. Loa] Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a)_ fay law this questionnaire must be filed with the records adminislralor of the IccaJ governmental entity not later than the 7th business dart' after the date the vendor becomes aware of facts that require the statement to be filed. Sae Section 1 76.046(a-1), Lccal Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.046, Local Government Code_ An (dense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. FORM CIO OFFICE USE ONLY Date Rece..ea Chock this box Ifyou are filing an update to a previously fi led quesfionnairo. (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 on which you became aware that the originally filed questionnaire was incomplete ar inaccurate.) Name of local govemment officer about wham the information is being disclosed. Name of cancer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176,00.3(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts Aarnd B tor each employment or business relationship described. Attach additional pages to this Form CIO as A_ Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income. from the vendor? Yes No B_ Is the vendor receiving or likely to receive taxable income, other than irrvestment income. from or at the direction of the local government officer ar a family rnerrrberof the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest al one percent or more. Check this boat if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.1X (a)(2)(B), excluding gifts described in Section 176.002(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.lx.us Revised 111121721 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 governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http f/www. stahites_legis_state.tx_us/ Docs+LG.+htnifLG-176.1-O n. For easy reference, below are some of the sections cited on this form. Local Government Code tz 116.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The berm does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.0103(a)(21(A) and f B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in tie 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. LocalGovernment Code ti 1 T6.0016(a) and (a-1) {a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176-003(a)(2) (A): (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity- {a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) 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 vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local govemment officer - Form provided by Texas Ethics Commission rmw.athics.stata.ix.us Revised 111J2121 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. a. Do you have a Fort Worth office? If yes, identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident -employees? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly - established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Signature) (Date) (Printed Name and Title) ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 27 of 33 Revised 6.9.2cc 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: Fax: Email: Name/Title Phone: Email: Name/Title Phone: Email: Fax: Fax: Will your company accept P-card payments? yes no Signature Printed Name Date ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 28 of 33 Rcv,scd 6.9.22cc 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? 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 Yes 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: No ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 30 of 33 Rcv,scd 6.9.22cc 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? Yes No If you marked yes please list the certifications and/or licenses: 10. Does your company offer delivery service? 11. What is your company's warranty policy? Yes 12. Does your company subcontract work? Yes If yes please list the type of work that is subbed out: No No 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). Rcviscd 6.9.22cc 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: ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 32 of 33 Rcv,scd 6.9.22cc ATTACHMENT F DOCUMENTATION CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents Document Attached? Yes/No Page Number(s) of Bid Response *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 Rmscd 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 33 of 33 FORT WORTH® ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIR PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: October 28, 2022 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: November 17, 2022 (CHANGED) REVISED BID OPENING DATE: December 1, 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/i.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 FORT WORTH® ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIRS PURCHASING DIVISION ADDENDUM NO. 2 DATE ISSUED: November 15, 2022 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: December 1, 2022 (UNCHANGED) 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. 2. 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 CFW01-23-0001 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 Line: 1 Description: HEAVY DUTY - Hourly Shopr Rate, Mon - Fri 7 am -9:30 pm Line: 2 Description: LIGHT DUTY - Hourly Shop Rate, Mon -Fri 7am-9:30pm Line: 3 Description: HEAVY DUTY Hourly Field Rate, Mon -Fri 7 am -9:30 pm Line: 4 Description: LIGHT DUTY Hourly Field Rate, Mon -Fri 7am-9:30pm- Line: 5 Description: HEAVY DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday at 6:59 am), Holidays, Weekends Line: 6 Description: LIGHT DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday 5:59am), Holidays, Weekends Line: 7 Description: HEAVY DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip Line: 8 Description: LIGHT DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip Qtv Page Invited: 4 1000.00 Qtv 1000.00 Qtv 500.00 Qtv 500.00 Qtv 200.00 Qtv 200.00 Qtv 100.00 Qtv 100.00 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 Unit HR Unit HR Unit HR Unit HR Unit HR Unit EA Unit EA Unit EA UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice Total UnitPrice UnitPrice UnitPrice UnitPrice ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 3 of 33 Total Total Total Total ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 4 of 5 FORT WORTH. PRICING SUBMITTAL Event ID Page Invited: PUBLIC EVENT CFW01-23-0001 5 Event Round Version 1 1 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repairs Submit To: City of Fort Worth Start Time Finish Time FINANCIAL MANAGEMENT SERVICES 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST 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: Qtv Unit Washing, Waxing, Polishing 150.00 EA Line: 10 Description: Qty Unit 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: LIGHT DUTY, Parts- Cost (+) % Markup. (Apply 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 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 Description: 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 Qtv 125,000.00 Unit EA UnitPrice Total UnitPrice Total Qtv Unit UnitPrice Total 250,000.00 EA UnitPrice Total UnitPrice Total 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. 23-0001, Pages follow) Non- Exclusive Vendor Services Agreement ITB No. 23-0001 — RDO Equipment Co. Page 15 of 16 FORT WORTH® ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIR PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: October 28, 2022 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: November 17, 2022 (CHANGED) REVISED BID OPENING DATE: December 1, 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/i.ohp?MTID=mba8d42af 3b923105199cd06cc344a352 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 1, Page 1 of 2 COMPANY NA SIGNATURE: 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. i i 0 El u l A rvi e. (Alt C o #2/1 a L/ 261 22- NOTE: Compa n 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 COMPANY NAME: SIGNATURE: FORT WORTH® ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIRS PURCHASING DIVISION ADDENDUM NO. 2 DATE ISSUED: November 15, 2022 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: December 1, 2022 (UNCHANGED) 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. 2. 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. /Cu 44- Z7i2a.frP 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. RIb®E. vi /0►nAerJ Ld ary / (J U NOTE: Comp( 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 + 0%. A- —� n /V re ` %®Q.cO ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 3 of 5 FORT WORTH® PRICING SUBMITTAL Event ID CFw01-23-0001 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 Line: 9 Description: Washing, Waxing, Polishing Line: 10 Description: HEAVY DUTY- Parts- Cost (+) J-% Markup. (Apply 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: LIGHT DUTY, Parts- Cost (+)/° Markup. (Apply 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: LIGHT DUTY- SubContracting, Cost (+)4... % 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 Description: 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 + 1 © % markup Qtv 150.00 Page 5 Qtv 250,000.00 Qtv 250,000.00 Qty 125,000.00 Qtv 125,000.00 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 Unit EA Unit EA Unit EA Unit EA Unit EA UnitPrice kb Total UnitPrice Total q0 000..?40) 600 UnitPrice Total UnitPrice Total 4 3) •75 c /f, 7- C) UnitPrice Total 43, 7s Total Bid Amount: Items not listed above will be offered at a markup of 4D. % (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. Pie.,0AsLi alt-a c>I4 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 4 of 33 i e8, 7.7D ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 2, Page 5 of 5 FORT WORTH. PRICING SUBMITTAL Event ID CFW01-23-0001 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 SE PITTACHGb W Line: 1 Description: HEAVY DUTY - Hourly Shopr Rate, Mon - Fri 7 am -9:30 pm Page Invited: PUBLIC EVENT 4 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 Qtv Unit UnitPrice Total 1000.00 HR / 70 oc i 70j 0190 Line: 2 Description: Qty Unit UnitPrice Total LIGHT DUTY - Hourly Shop Rate, Mon -Fri 1000.00 HR 7am-9:30pm o / %©• col i 7D/ o0 Line: 3 Description: Qfv Unit HEAVY DUTY Hourly Field Rate, Mon -Fri /50-00.00-0y� j /lHR 7 am -9:30 P* •CL !-�� / E C ' ' ' )` i 1 I rl C r/b U Line: 4 Description: Qtv Unit LIGHT DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7am 9:30p �e x }E Ch 7- Ttxf ch6L v Line: 5 Depprkplion HEAVY DUTY-ShopHourly Labor Rate, After Hours (Friday from 9:31 pm through Monday at 6:59 am), Holidays, Weekends Line: 6 Description: LIGHT DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday 5:59am), Holidays, Weekends Line: 7 Description: HEAVY DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip i7 d r.t Line: 8 Dpswi LIGHT OUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip Rai ukzic. Tr -I')--) UnitPrice Total iqo. a) g-',o(go UnitPrice Total / yn . o 9) cr Qtv Unit UnitPrice Total 200.00 HR Qtv 200.00 Unit EA 2S5 . 471 Uo 01 UnitPrice Total .00R -mil3 coo Qtv Unit UnitPrice Total 100.00 EA I O SO •0 0 iO S7OGb Unit UnitPrice Total 10 .00 EA /47714 C i (ED S'/-I-E i 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. COVER PAGE :J, E Event ID Page CFW01-23-0001 1 Event Round Version 1 1 Event Name ITB Heavy E. 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?MTID=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 Place of Business** (if applicable) Attachment C - Vendor's Contact Information** Attachment D - Draft Vendor Service Agreement, attached as a separate document Attachment E — Vendor Qualification Questionnaire** Attachment F - Documentation Checklist ** **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 Event ID Page CFWO1-23-0001 3 Event Round Version 1 1 Event Name TTR HPFVV t T.inht nnty. Marine k Turf Vehirla PPn,jrc 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: R J 0 E g i 1 p O 114 D cu.; y Company Address: J 3 0 / ilf 1 Q./�-� l V b'o -k t�lli a City, State, Zip: Po r-F �� I.- �-✓1 , I e X GLS 7 b /. / Vendor Registration No.: N 1 , 1 Printed Name of Officer or Authorized Representative: V �� �L �( ` ' 3-i Q 0 Title: C( S �-40nne l. ,rVi C€. Ad_yS� J Signature of Officer or Authorized Representative: Date: f • 29. 22. 1 Email Address: j f 9 AAgc id f G��j eCL1 r pv4e,Jt. C Nj Phone Number: ' f °' l / i / .24- g Federal Identification Number (FID): I ' ( g 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 CFW01-23-0001 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 SSE- 4711-0 EL �'NE Line: 1 Description: HEAVY DUTY - Hourly Shopr Rate, Mon - Fri 7 am -9:30 pm Line: 2 Desccj'Q jon: LIGHT` DUTY - Hourly Shop Rate, Mon -Fri 7am-9:30pm Page 4 Qty 1000.00 Qty 1000.00 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 Unit HR Unit HR Line: 3 Description: I' Q�v Unit HEAVY DUTY Hourly Field Rate, Mon -Fri �n1 500.00 HR 7 am 9-l_l.�- 44 Sl®G'V>f E C CrT 47TA C' I676 Line: 4 Description: Qtv Unit LIGHT DUTY Hourly Field Rate, Mon -Fri 500.00 HR 7am-9:30pm- Line: 5 Description: HEAVY DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday at 6:59 am), Holidays, Weekends Line: 6 Description: LIGHT DUTY- Shop Hourly Labor Rate, After Hours (Friday from 9:31 pm through Monday 5:59am), Holidays, Weekends Line: 7 Description: HEAVY DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip � 0 1,1 .ci, 1tt— * .a Line: 8 De criotipQpp LIGHT DUTY- Transportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip R oof3t I r -: P SEE 1477-/or. H Qtv 200.00 Qtv 200.00 Qtv 100.00 Qtv 100.00 Unit HR Unit EA Unit EA Unit EA UnitPrice Total r10Co 70, 6106 UnitPrice Total col i`7J,000 UnitPrice Total 190soc� 9;a00 UnitPrice Total 1910, o,?P 95, 00e) UnitPrice UnitPrice oZSS- D1 UnitPrice I©37D• UnitPrice ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 3 of 33 Total S7 OGa Total Sly o©o Total IOC] ©CP0 Total ICS) ocO 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 19/26/2022 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 DescriDti, n: Qtv Unit Washing, Waxing, Polishing 150.00 EA Line: 10 Description: �y Qtv Unit HEAVY DUTY- Parts- Cost (+) j "'% 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: LIGHT DUTY, Parts- Cost (+) % Markup. (Apply 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 LIGHT DUTY- SubContracting, Cost (+)%7J % 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 Descriotion: �t Qtv Unit HEAVY DUTY - SubContracting, Cost (+). 3' % 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) UnitPrice NO iLp Total NC -1:3 I L� UnitPrice Total go)oo0 340,o©iQ Qtv Unit UnitPrice Total 250,000.00 EA 9D,34D)OD UnitPrice Total 43, -750 031`7 0 UnitPrice Total �+3 '750 16 ,7SQ Total Bid Amount: � 1 c.1 5:010 Freight Charges - Actual + 1 ® % markup Items not listed above will be offered at a markup of 3 L. % (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 auestion(s) will NOT be answered. 2.2.2 Delivery of questions by email — FMSPurchasinQResponsesefortworthtexas.0ov 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 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 5 of 33 Revised 6.9.22ec 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 anv other delivery terms are not acceptable and may be cause for reiection. Revised 6.922cc 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 BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be "Net 30 Days" from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at httos://www.fortworthtexas.aov/departments/finance/ourchasinalach 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; ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 7 of 33 Revised 6.9 22 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. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 8 of 33 Revised 6.922cc 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; ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 9 of 33 Revised 6.9.22cc 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 httDs://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 Revised 6.9:22cc 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: htto://fortworthtexas.gov/citvsecretarv/info/default.asox?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 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 11 of 33 Revised 6.9.22ce 1.0 SCOPE 2.0 PART — 2 SCOPE OF SERVICES/SPECIFICATIONS 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 Tight 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. TENTATIVE SCHEDULE OF EVENTS TASK ITB Release Date Pre -Bid Conference Deadline for Questions Answers Posted ITB Responses Due Date AT 1:30 p.m. (Local Time) DATE October 26, 2022 November 9, 2022 November 10, 2022 at 5PM (Local Time) November 15, 2022 December 1, 2022 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 12 of 33 Revised 6.9.22ec Recommended Vendor Selection Mayor and Council Consideration December 2022 January 2023 Contract Execution February 2023 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. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 13 of 33 Revised 6.9,22 c 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. 6.0 DEFINITIONS City Heavy-duty Vehicles Light Duty Vehicles Original Equipment Manufacturer (OEM) The City of Fort Worth Vehicles with a Gross Vehicle Weight over 10,000 pounds. NAFA Class codes (7000-9000). Vehicles with a Gross Vehicles Weight under 10,000 pounds. NAFA Class codes (1000-4999). (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. 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 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 Motor Homes Mowers Off -Road Equipment Scissor/Man Lifts Sewer Equipment Sweepers Trailers (heavy and light) Tracker Transfer Trucks VIP Watercraft Water Tankers Revised 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 14 of 33 8.0 MANUFACTURERS Acura Allison Altec Artic Cat Aquatech Bendix Bertram Big Tex BMW Boston Whaler Buick Caddo Manufacturing Cadillac Champion Chaparral Chevrolet Cub Cadet Cummins Custom- Chris Trim Custom- Lawhon Custom- Tommy Gate Custom- Youngs Delta Rigging Detroit Dodge Doosan Duetz Manufacturers including but not limited to: Eaton E-One Ford Freightliner GMC Honda Husqvarna Hyundai Infiniti International Interstate Trailers Isuzu Jacobsen JCB Jeep JLG John Deere — Green (AG) John Deere (yellow iron) Kawaski Kenworth Kia Kobelco KTM Kubota 9.0 VENDOR RESPONSIBILITIES — Vendor shall Lexus Lincoln Mack Mazda M&D Mercedes/ Sprinter Meritor Metro Mitsubishi Muncie National Crane New Holland Nissan Onan Generators Peterbilt Pierce (Fire Apparatus) Pioneer Pipehunter/ Jeteye Progard Ram Rivian ROM Corp Rosenbauer Scag Snapper Spartan Spitzlift Sterling Stellantis (Chrysler) Subaru Tennant Terex Texas Steer Toro Toyota Tracker Twister Vac -Con Vactor Verneer Versalift Volkswagen Volvo WABCO Wacker Whelen White River Marine Yamaha Zodiac Zodiac Nautic 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 limited to, 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. Revised 6.9.22cc 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 Hil[shire Drive, Fort Worth, TX76131 Southside Service Center 4100 Columbus Trail, Fort Worth, TX 76133 Water Service Center 2222 West Dagoett. 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. Revised6.9'V''cc 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 the following, 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. Revised 6.9.22cc 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.aov. 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: ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 18 of 33 Revised 6.9.22cc • 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 suoolierinvoices a(�fortworthtexas.00v. 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(afortworthtexas.gov. 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(a.fortworthtexas.aov. 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. Revised 6.9.22cc 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. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 20 of 33 Revised 6.9.22cc 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 CONTRACT OR 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. Revised 6.9 22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 21 of 33 24.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 13521 24.1 Firms that apply or bid for an award exceeding $100,000.00 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 Tess 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. Revved 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. Revised 6.9 222cc 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 (Le. 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. ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 24 of 33 Revised 6.9 22cc J CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code. by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be fled. See Section 176.006(a-1). Local Govemment Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Govemment Code. An offense under this section is a misdemeanor. ?J Name of vendor who has a business relationship with local governmental entity. rz ®Er v Cam. ►t,, p-Ce.--1Q' y Check this box if you are firing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) FORM CIQ Name of local government officer about whom the information is being disclosed. N Name of Officer OFFICE USE ONLY Date Rece vec J Describe each employment or other business relationship with the local government officer. or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local govemment officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a famiy member of the officer receiving or likely to receive taxable income, other than investment income. from the vendor? Yes No rV LAI B. Is the vendor receiving or likely to receive taxable income. other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more. Check ths box if the vendor has given the local government officer or a famiy member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 1 % vL�nUor ..me the governmental entry Da'a n Form provided Texas Ethics Commission i/. 2.g , 2Z wrrw_ethics.state.tx.us Revised 1/1/2021 !TB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 25 of 33 Revised 6.9.22cc CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:<<www.statutes.legis.state.tx_usl DocsILGYhtm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Govemment Code & 176.001(1-al: "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code & 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2.500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code & 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local govemmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 26 of 33 Revised EE A.r-il C f-H E b boC ATTACHMENT - B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: YES S3 �� a_r- k i y' F©r✓` !ice f--± k :Tx 7 6' 3 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall means a.yable at the Fort Worth office. [must exceed 50%] 5 t✓ e. C (> 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident -employees? c2' ` -s mEitif b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year — Fort Worth office or forme.c.location, if Fort Worth office is newly - established)? -FE A-7Ti ? C i- -E 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. R O E it; 1 Ylol e C114 aft Ai 1/ (Company me) Y. (Date) f�Ey diGA/0/4 CS4 a sere) ` (Printed Name and Title) Revised 6.9.22 c ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 27 of 33 ipt-T Tint- cLOCO MEA/ is' ATTACHMENT C — VENDOR CONTACT INFORMATION Vendor's Name: Sae A-TTA-C l f e b Vendor's Local Address: Phone: Email: Fax: Name of persons to contact when requesting services or billing questions: Name/Title C HEL) Phone: Fax: Email: Name/Title Phone: Email: Name/Title Phone: Email: E .1J Fax: Fax: Will your company accept P-card payments? yes no %.,1 Y //1 29, 2Z. Printed Name Date ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 28 of 33 Revised 6.9.22cc ATTACHMENT D — DRAFT VENDOR SERVICE AGREEMENT The draft service agreement is attached as a separate document. Revised 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 29 of 33 -S b0C0MENTS 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). NA) - 6E" ATT►4 3. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation? AI G CAI✓ -Pezo it-VE6�l✓'T J- 4. Is your company's facility within 75 miles of downtown Fort Worth? Yes n No 5. What is your facility address and hours of operation: 4-TTA Ci rL I cv�-S 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 V Generators/ Power Generation Units Golf Carts _Heavy -Duty Trailers Motorcycles Motor Homes �owers ✓Off -Road Equipment _Scissors/ Man Lifts _Sewer Equipment _Sweepers _Trailers (heavy and light) Tracker _Transfer Trucks V I P _Watercraft Water Tankers Please list any other equipment that is not listed above: R)0 eciV 01'\.laIA J( rr\\/ 01 cJ e "C. Cj irU c-t;_ev0 ecD li j ew GLE/\7 t ee r-e. � ,`iv e GO evir j vJI S yzc r5 1ere td i)61e1--e, E(\J&(A,^C S Revised 6.9.22cc 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. b4•J 0 h "ae r Ce- fG± © 4 doh 1e@r E J ,/\ies 8. How many mechanics/ technicians does your company have on staff? 36 -- r 1-7�h 9. Does your company's mechanics and technicians, have any certifications or licenses? Vf Yes n No If you marked yes please list the certifications and/or licenses: A-TA-Ci -E 6 10. Does your company offer delivery service? n Yes Tl No 11. What is your company's warranty policy? SEE A Tr9 C H-EJ 12. Does your company subcontract work? Yes n No If yes please list the type of work that is subbed out: ,EE A A-C H-EL 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). PI-Tr4 El� Revised 6.9.22cc 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: Revised 6.9.22cc 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? Yes/No Page Number(s) of Bid Response *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 documents Separate USB Drive with password included if necessary ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 33 of 33 Revised 6.9.22cc vm-A-RDO, EQUIPMENT CO_ 5301 Mark IV Parkway Fort Worth, Texas 76131 Office (817) 232-8094 Date - November 30, 2022 City of Fort Worth, Texas City of Fort Worth Financial Management Services Finance - City of Hall Purchasing 200 Texas Street (Lower Level Room 15) Fort Worth, Texas 76102-6314 United States Address - FMSPurchasingResponses@fortworthtexas.gov Re: City of Fort Worth Event ID - CFW01-23-0001 Re: Event Name - ITB Heavy and Light Duty, Marine and Turf Vehicle Repairs Re: Vendor Name - RDO Equipment Company, 5301 Mark IV Parkway, Fort Worth 76131 Re: Vendor Tax Identification No - 45-0455407 Re: Vendor ID No - 2259 Re: RDO Staff Member Completing Agreement - Jeffrey R. Sigmon, Customer Service Advisor Re: Email Address / Cell Contact - Jeffrey Sigmon - jsigmon@rdoequipment.com - 817-917-2489 The management and staff of RDO Equipment Company would like to thank the City of Fort Worth for the opportunity to provide this CFW01-23-0001 proposal for the John Deere OEM Construction Equipment repairs. If there are any questions or concerns with the contents of the proposal, please contact Jeff Sigmon, Customer Service Advisor at 817-917-2489. Pricing Submittal - CFW01-23-0001 Event ID - CFW01-23-0001 - ITB Heavy and Light Duty Marine and Turf Vehicle Repairs Page 3 of 33 - Line 1 Heavy Duty - STD Hourly Shop Rate Quantity 1,000.00 Unit Price Total $170.00 $170,000.00 wAKKANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 2 Light Duty - STD Hourly Shop Rate Quantity Unit Price Total 1,000.00 $170.00 $170,000.00 WARRANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 1 of 9 Page 3 of 33 - Line 3 Heavy Duty - STD Hourly Field Rate Quantity Unit Price Total Field Level Repairs - Standard Hours 500.00 $190.00 $95,000.00 WARRANTY PERIOD - FIELD LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 4 Light Duty - STD Hourly Field Rate Quantity Unit Price Total Field Level Repairs - Standard Hours 500.00 $190.00 $95,000.00 WARRANTY PERIOD - FIELD LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. LINE 3 AND LINE 4 - FIELD REPAIRS - FIELD ZONE / TRAVEL COST - Field level repairs completed under Line 3 and Line 4 require a second component of the total repair cost. This second component is travel or zone cost. The travel or zone cost is a separate dollar amount reflected on each invoice and is determined by the distance (in mileage) of the repair location from the RDO Equipment Company facility. Please be advised that individual field repairs CAN REQUIRE multiple trips to complete the single repair task. Multiple trips to the work site would result in multiple travel or zone charges. Below, you will see the table of zones (mileage) and the associated zone charges or costs. EXAMPLE - CHART APPLICATION - City of Fort Worth maintenance staff requests a field level service call for construction equipment that is located 15 miles (one way) from RDO Equipment Company. The zone charge type would be Zone 15, round trip miles included would be 30, and the single travel or zone cost would be $190.00. 11.11.22 1 ZONE CHARGE TYPE INCLUDED MILEAGE ROUND TRIP ZONE CHARGE COST Zone 5 Zone 10 Zone 15 Zone 20 Zone 25 Zone 30 Zone 35 Zone 40 Zone 45 i 10 20 30 40 50 60 70 80 90 i $64.60 $129.20 $190.00 $260.30 $317.30 $389.50 $446.50 $518.70 $579.50 WARRANTY PERIOD - FIELD LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 2 of 9 Page 3 of 33 - Line 5 Heavy Duty - OT Hourly Shop Rate Quantity Unit Price Total (Overtime - After Normal Hours) 200.00 $255.00 $51,000.00 WARRANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 6 Light Duty - OT Hourly Shop Rate Quantity Unit Price Total (Overtime - After Normal Hours) 200.00 $255.00 $51,000.00 WARRANTY PERIOD - SHOP LEVEL REPAIRS - RDO Equipment Company warrants all completed repairs for a period of 24 months or 2,000 operational hours, whichever occurs first. The warranty shall cover failures that are associated with premature parts failure or issues associated with workmanship. Page 3 of 33 - Line 7 Heavy Duty - Transportation (Haul) Quantity Unit Price Total 100.00 $1,050.00 $105,000.00 TRANSPORTATION FEE - ROUND TRIP - RDO Equipment Company will transport all NON -PERMIT SIZE construction equipment at a cost of $1,050.00 on a round trip basis. If the equipment size exceeds legal limitations, a permit will be required at an additional cost. Most City of Fort Worth equipment will not require the additional permit. Page 3 of 33 - Line 8 Light Duty - Transportation (Haul) Quantity Unit Price Total 100.00 $1,050.00 $105,000.00 TRANSPORTATION FEE - ROUND TRIP - RDO Equipment Company will transport all NON -PERMIT SIZE construction equipment at a cost of $1,050.00 on a round trip basis. If the equipment size exceeds legal limitations, a permit will be required at an additional cost. Most City of Fort Worth equipment will not require the additional permit. Page 4 of 33 - Line 9 Washing, Waxing, Polishing Quantity Unit Price Total 150.00 NO BID NO BID Page 4 of 33 - Line 10 Heavy Duty Parts Quantity Unit Price Total 36% Mark-up is Provided 250,000.00 $90,000.00 $340,000.00 Mark up percentage Bid to 250,000 to obtain correct sum. Example: 250,000 X 10% = 25,000: 250,000 + 25,000 = 275,000 Page 4 of 33 - Line 11 Light Duty Parts Quantity Unit Price Total 36% Mark-up is Provided 250,000.00 $90,000.00 $340,000.00 Mark up percentage Bid to 250,000 to obtain correct sum. Example: 250,000 X 10% = 25,000: 250,000 + 25,000 = 275,000 Page 4 of 33 - Line 12 35% Mark-up is Provided Light Duty, Subcontracting Quantity Unit Price Total 125,000.00 $43,750.00 $168,750.00 Mark-up (Apply mark up percentage bid to $150,000 to obtain correct sum. Example 125,000 X 10% = 12,500 - 125,000 + 12500 = 137,500) Page 4 of 33 - Line 13 35% Mark-up is Provided Heavy Duty, Subcontracting Quantity Unit Price Total 125,000.00 $43,750.00 $168,750.00 Mark-up (Apply mark up percentage bid to $150,000 to obtain correct sum. Example 125,000 X 10% = 12,500 - 125,000 + 12500 = 137,500) Page 4 of 33 - No Line Number in Proposal ADDENDUM 2 NOTATION - Freight Charges - Actual + 10% markup Signed and dated copy of the Addendum 2 is provided with proposal Items not listed above will be offered at a markup of 36% (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 Offerer does not wish to bid on that item. Be advised, a no bid or no response may be considered as non -responsive and may result in disqualification of this bid. Jeff Sigmon, Customer Service Advisor RDO Equipment Company jsigmon@rdoequipment.com 817-917-2489 City of Fort Worth, Texas City of Fort Worth Financial Management Services Finance - City of Hall Purchasing 200 Texas Street (Lower Level Room 15) Fort Worth, Texas 76102-6314 United States Address - FMSPurchasingResponses@fortworthtexas.gov Re: City of Fort Worth Event ID - CFW01-23-0001 Re: Event Name - ITB Heavy and Light Duty, Marine and Turf Vehicle Repairs Re: Vendor Name - RDO Equipment Company, 5301 Mark IV Parkway, Fort Worth 76131 Re: Vendor Tax Identification No - 45-0455407 Re: Vendor ID No - 2259 Re: RDO Staff Member Completing Agreement - Jeffrey R. Sigmon, Customer Service Advisor Re: Email Address / Cell Contact - Jeffrey Sigmon - jsigmon@rdoequipment.com - 817-917-2489 ATTACHMENT - A I CONFLICT OF INTEREST DISCLOSURE REQUIREMENT i NOTATION - See attached sheets regarding conflict of interest disclosure Based on review of the Conflict of Interest disclosure during the Prebid conference, no conflict of interest issues exist with the provider of this bid proposal. PAGE 24 OF 33 ATTACHMENT - B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS PAGE 27 OF 33 1. Locational Eligibility: Principle Place of Business in Fort Worth. Texas 1A. Do you have a Fort Worth office? If yes, identify address: RDO Equipment does have a Fort Worth office location RDO Equipment Company, Fort Worth Location 5301 Mark IV Parkway Fort Worth. Texas 76131 1B. 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%) RDO Equipment Company operates in multiple states and countries. Over the past 54 years, RDO Equipment Company has expanded to over 75 store locations across the United States of America. Further, RDO International provides equipment related support services in Africa, Australia, Mexico, Russa, and the Ukraine. Based on the total scope of RDO operations, gross total sales from the Fort Worth facility will not constitute 50%. The exact percentage of sales that originate from RDO Fort Worth was not available at the time of bid preparation. 2. Economic Development opportunities resulting from contract 2A. Number of Fort Worth resident - employees - 21 staff members 2B 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)? Answer 2B - See attached sheets for tax information 'ATTACHMENT - C 1 VENDOR CONTACT INFORMATION PAGE 28 OF 33 Vendor's Name - RDO Equipment Company, Fort Worth Vendor's Local Address - 5301 Mark IV Parkway, Fort Worth, Texas 76131 Phone - 817-232-8094 Fax - 817-566-1572 Email - jsigmon@rdoequipment.com Names of persons to contact when reauesting services or billing auestions: Name / Title - Josh Gillen. Service Operations Manager Phone - 682-209-2954 Fax - 817-566-1572 Email - jsigmon@rdoequipment.com Name / Title - Jacob Vallilee. Service Manager Phone - 817-320-1184 Fax - 817-566-1572 Email - jvallilee@rdoequipment.com Name / Title - Shawna Garza, Regional Aftermarket Manager Phone - 817-528-8565 Fax - 817-566-1572 Email - sgarza@rdoequipment.com Name / Title - Jeffrey R. Sigmon. Customer Service Advisor Phone - 817-917-2489 Fax - 817-566-1572 Email - jsigmon@rdoequipment.com Will your company accept P-card payments? Yes - Credit cards can be used ATTACHMENT - E VENDOR QUALIFICATION it UESTIONAIRE PAGE 30. 31. 32 OF 33 1. Date your company was established? Answer - RDO Equipment Company was established in 1968 i 2. How many years has your organization been in business under its present name Answer - RDO Equipment Company has been operated for 54 years under the current name 2A List any former names your organization has operated under and the timeframe(s) Answer - RDO Equipment Company has always operated under the existing name 3. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation Answer - No default events 4. Is your company's facility within 75 miles of downtown Fort Worth? Answer - RDO Equipment Company is located within 75 miles of Fort Worth Address - 5301 Mark IV Parkway, Fort Worth, TX 76131 5. What is your facility address and hours of operation: Answer - 5301 Mark IV Parkway, Fort Worth, TX 76131 Answer - Monday - Friday - 7:00 AM - 5:00 PM Answer - Saturday - 8:00 AM - 12:00 Noon 6. Please check the equipment your company is able to work on: Answer - See attached sheet in Attachment E Please list any other equipment that is not listed above - 1SOLE SOURCE PROVIDER NOTATION - NORTH TEXAS AREA - LETTER IS ATTACHED 1 Answer - RDO Equipment Company is the sole source provider of John Deere Construction Equipment and required aftermarket support services in the North Texas area. RDO Equipment Company provides equipment repair support on John Deere Construction equipment and other aftermarket equipment that is designed and utilizes John Deere engine components. 7. Please list what primary manufacturers your company is able to work on. Answer - RDO Equipment Company completes repair and service on John Deere Construction equipment. Further. RDO Equipment Company completes repair and service on other equipment that is designed and utilizes the John Deere engine component. 8. How many mechanics / technicians does your company have on staff? Answer - The Fort Worth location of RDO Equipment Company employs 36 technicians Answer - RDO also has locations and technician staff in Irving. Texas and McKinney. Texas 9. Does your company's mechanics and technicians, have any certifications or licenses? Answer - YES Answer - The RDO Equipment Company technicians are trained and are provided certifications for the various John Deere Construction equipment families. The John Deere Construction equipment families include backhoe loaders. crawler loaders. crawler dozers. excavators. skid steer loaders. articulated dumo trucks. and wheel loaders. 10. Does your company offer delivery service? NO - RDO does not provide in-house delivery services. Answer - RDO Equipment Company does not provide in-house delivery services under this agreement 11. What is your company's warranty policy? Answer - RDO Equipment Company warrants all repairs completed in the shop and in the field for a period of 24 months or 2.000 operational hours whichever should occur first. The stated warranty provides for repair of issues associated with premature part failure or associated workmanship issues. 12. Does your company subcontract work? Yes Answer - RDO Equipment Company does subcontract some portions of repairs. The areas most frequently subcontracted are glass replacement, cooling package testing. repair and cleaning, and aftertreatment element testing and subsequent cleaning. 13. Please provide a detailed explanation of the methodology your firm will use approach to complete repairs (i.e. what is your process from receipt of Purchase Order all the way to completion) Answer - As approved by the customer, RDO Equipment Company shop or field level staff will initially complete a diagnosis of the reported machine issues. With the diagnosis completed. the leadership staff will complete an estimate of repair for customer review. With customer approval and purchase order, the machine is disassembled and diagnosis confirmed. If added issues are noted during teardown. the customer is asked to inspect the issue in shoo or on site and provide comment. Thereafter. the estimate is amended and provided to the customer for review and secondary approval. With approvals in place, repairs are completed on the machine. With repairs completed, the machine is tested to ensure no further issues exist. Following testing. the Quality Control staff also operate the machine. With testing and quality control completed. the customer is contacted and informed the machine is ready for service in the field or ready for pick-up. Warranty Period - RDO Equipment Company warrants all repairs completed in the shop and in the field for a period of 24 months or 2.000 operational hours whichever should occur first. The stated warranty provides for repair of issues associated with premature failure or workmanship issues. 14. How does your company handle set -backs, what is your process for completing the work on time, if you discover there will be delay in service, how will you overcome this? Answer - Set backs with repair or unexpected delays are managed by continued communication with the customer requesting support. 'Requested Letters of Reference I City of Mansfield, Texas City of Southlake, Texas ACME Brick Company Letter is Attached Letter is Attached Letter is Attached Jeffrey R. Sigmon, Customer Service Advisor RDO Equipment Company, Fort Worth, Texas Cell Contact - 817-917-2489 N DO�I EQUIPMENT CO. LEGAL NAME: DBA NAME: PHYSICAL ADDRESS: MAILING ADDRESS: PHONE: TAX CLASSIFICATION: TAX ID/EIN: T2( lb PA YM g NT RDO Equipment Co. Vendor/ACH Form R. D. OFFUTT COMPANY RDO Equipment Co. 225 Broadway North Fargo, ND 58102 PO Box 7160 Fargo, ND 58106 701-239-8700 S-Corporation 81-4124511 b4771 TERMS: NET 30 BUSINESS DESCRIPTION: Equipment/Construction Goods/Services REMITTANCE EMAIL: CONTACT NAME: CONTACT PHONE: CONTACT EMAIL: BANK NAME: BANK ADDRESS: BANK CONTACT: payments@rdoequipment.com RDO AR Rep 800-950-4905 rdoar@rdoequipment.com US BANK 505 2nd Ave North Fargo, ND 58102 Courtney Werre BANK PHONE: 701-280-3505 TYPE OF ACCOUNT: Checking ROUTING/ABA NUMBER: 091300023 ACCOUNT NUMBER: 163070291816 RDO EQUIPMENT confirms that you are being authorized to begin transferring payments for your invoices to the account mentioned above. signature 70) - -9(i) cQ phone ".-0,5,\NrYAR.1\)<'-?`COCeSC-J3( fiile 037 date Attached is a copy of RDO Equipment's W9, Bank Letter, and ACH Instructions. Form W-9 (Rev. October 2018) Department of the Treasury internal Revenue Service of m m a 0 n m C 0. 2 o C . c a o U m a to 0 to Request for Taxpayer Identification Number and Certification P. Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. R.D. OFFUTT COMPANY 2 Business name/disregarded entity name, if different from above RDO Equipment Co. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or single -member LLC 0 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classed as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ C Corporation E S Corporation ❑ Partnership ❑ Trust/estate ❑ Other see instructions) ► 5 Address (number, street, and apt. or suite no.) See instructions. PO BOX 7160 6 City, state, and ZIP code FARGO, ND 58106-7160 LE;7 List account number(s) here (optional) im Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the US.) Requester's name and address (optional) Part II Certification Social security number or Emplo er identification number 8 1� - 4 1 2 4 5 1 1 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of 4 U.S. perso General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► 1 - L - P ;177 Cat. No. 10231X • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Form W 9 (Rev. 10-2018) embank Fargo Downtown 505 2nd Ave N Fargo, ND 58102 09/17/2021 RDO Equipment Co. PO BOX 7160 Fargo, ND 58106 Re: Your request for account information Dear RDO Equipment Co., Thank you for choosing U.S. Bank for your banking needs. This letter is in response to your request for account information. Account Name Account Number Routing Number RDO Equipment Co. 163070291816 091300023 If you have additional questions regarding this information, please feel free to contact me at the phone number listed below. Thank you again for choosing U.S. Bank. Sincerely, i f Viev 1 Courtney Werre Commercial Banking Client Rep Fargo Downtown 701-280-3505 Deposit products offered by U.S. Bank National Association. Member FDIC. �7RDOp EQUIPMENT CO. Beneficiary Bank: RDO Equipment Co. EFT / ACH / Wire Instructions U.S. Bank 505 2" Avenue North Fargo, ND 58102 ABA/Bank Routing #: 0 9 1 3 0 0 0 2 3 SWIFT (International Wires): U S B K U S 44 I M T (Intermediary Bank Fees on international wires are to be paid by the sender) Beneficiary Name: RDO Equipment Co. 225 Broadway N Fargo, ND 58102 Account Number (Checking): 1 6 3 0 7 0 2 9 1 8 1 6 Reference Detail (OBI) for all payments MUST include: Customer # or Account #: Invoice #/ Deal #: Customer Name: ATTN: (RDO Employee to notify at store location): NOTE: For ACH and EFT payments, CTX or CCD+ format is preferred. • Please e-mail Remittance Advice to: payments@RDOeduipment.com REMINDER FOR INTERNATIONAL WIRES: • Charging Options: Request that your bank mark the wire with //OUR// for proper payment of the intermediary bank fees. 225 Broadway N Fargo, ND 58102 • PO Box 7160 Fargo, ND 58106-7160 • Phone 701-239-8700 www.rdoequipment.com WENDY BURGESS TARRANT COUNTY TAX ASSESSOR -COLLECTOR DATE: 10/12/2021 ACCOUNT: 00010583491 LEGAL: R D 0 EQUIPMENT CO #32 PERSONA L PROPERTY TANGIBLE COMMERCIAL OWNER: R D 0 EQUIPMENT CO PARCEL ADDRESS: 5301 MARK IV PKWY EXEMPTIONS: APPRAISED VAL 1,637,123 TAXIIG ENTITIES APPRAISED VALUE FT WORTH CITY 1.637,123 TARRANT COUNTY 1,637,123 REG WATER DIST 1,637,123 T C HOSPITAL 1,637,123 T C COLLEGE 1,637,123 EAGLMT/SAG ISO 1,637,123 Facebook.com/TarrantCountyTAC • @TarrantCoTax 2021 TAX STATEMENT EXEMPTION AMOUNT IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED, AND YOU OCCUPY THE PROPERTY DESCRIBED IN THIS DOCUMENT AS YOUR RESIDENCE HOMESTEAD YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A WENDY BURGESS TARRANT COUNTY TAX ASSESSOR -COLLECTOR DATE: 12/01/2021 ACCOUNT: 00041426630 LEGAL: RDO EQUIPMENT COMPANY SUB BLOC K A LOT 1A OWNER: PROFFUTT LIMITED PARTNERSHIP PARCEL ADDRESS: 5301 MARK IV PKWY EXEMPTIONS: LAND VALUE IMPRV VALUE 734,176 1,262 504 ENITI TAXING TES APPRAISED VALUE FT WORTH CITY 1,996,680 TARRANT COUNTY 1,996,680 REG WATER DIST 1,996,680 T C HOSPITAL 1,996,680 T C COLLEGE 1,996.680 EAGLMT/SAG ISD 1,996,680 Facebook.comf TarrantCountyTAC @TarrantCoTax 2021 TAX STATEMENT APPRAISED VAL 1,996,680 EXEMPTION AMOUNT 'IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED, AND YOU OCCUPY THE PROPERTY DESCRIBED IN THIS DOCUMENT AS YOUR RESIDENCE HOMESTEAD YOU SHOULD CONTACT THE APPRAISAL DISTRICT PF(;ARniNf ANY FNTIT FUFNt VN 1 IAV un,/F rn n 0 0 0 0 0 0 100 E. Weatherford, Fort Worth, TX 76196 (817) 384-1100 e-mail: taxoffice@tarrantcountvcom web: www.tarrantcountycom IN GOD WE TRUST Visit our websile fo online crock care and eCheck payments Pay by phone at 817-884-1110 wwtarrantcounty.com V1.1 w TAXABLE VALUE TAX RATE BASE TAX TAXES DUE PER 5100 CURRENTLY O 1,637,123 0.732500 11,991.93 11.991.93 O 1,637,123 0.229000 3,749.01 3.749.01 O 1,637,123 0.028700 469.85 469.85 0 1,637,123 0.224429 3.674.18 3,674.18 0 1,637,123 0.130170 2,131.04 2,131.04 O 1,637,123 1.457500 23,861.07 23,861.07 TOTAL TAXES 45,877.08 45,877.08 TOTAL AMOUNT DUE 45,877.08 INCLUDES PAYMENT RECEIVED ISUY_ Tur • 100 E. Weatherford, Fort Worth, TX 76196 (817) 884-1100 e-mail: taxoffice@tarrantcounty.com web: www.tarrantcountv.com IN GOD WE TRUST DiscevEirIVISAI Visit our wcbsite for onhnc xedt carc ane eCheck payments Pay by phone at 617-884-1110 V1.1 Y.- w.tarrantcountyccorn TAXABLE VALUE TAX RATE PER S100 1,996,680 0.732500 1,996,680 0.229000 1,996,680 0.028700 1,996,680 0.224429 1,996,680 0.130170 1,996.680 1.457500 TOTAL TAXES BASE TAX TAXES DUE CURRENTLY 14,625.68 14,625.68 4,572.40 4,572.40 573.05 573.05 4,481.13 4,481.13 2.599.08 2,599.08 29,101.61 29.101.61 55,952.95 55,952.95 TOTAL AMOUNT DUE 55,952.95 INCLUDES PAYMENT RECEIVED WENDY BURGESS TARRANT COUNTY TAX ASSESSOR -COLLECTOR DATE: 10/12/2021 ACCOUNT: 00004082494 LEGAL ODUM. DAVID SURVEY ABSTRACT 11 84 TRACT 3 OWNER: PROFFUTT LIMITED PARTNERSHIP PARCEL ADDRESS: 5401 MARK IV PKWY EXEMPTIONS: LAND VALUE APPRAISED VAL 780 804 780,804 TAXING ENTITIES APPRAISED VALUE FT WORTH CITY 780.804 TARRANT COUNTY 780.804 REG WATER DIST 780,804 T C HOSPITAL 780,804 T C COLLEGE 780,804 EAGLMT/SAG ISD 780.804 IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED, AND YOU OCCUPY THE PROPERTY DESCRIBED IN THIS DOCUMENT AS YOUR RESIDENCE HOMESTEAD YOU SHOULD CONTACT THE APPRAISAL DISTRICT RFr-ARf11Nr: ANY FNTITI FE.IFNT V(111 64AV NAVE T!l A Facebook.comllarrantCountyTAC @TarrantCoTax 2021 TAX STATEMENT EXEMPTION AMOUNT { UTp . r-Two-v•l c7, — 100 E. Weatherford, Fort Worth, TX 76196 (817)884-1100 e-mail: taxoffice@tarrantcounty.com web: www.tarrantcountycom IN GOD WE TRUST 0 0 0 0 0 0 TAXABLE VALUE 780,804 780,804 780,804 780,804 780.804 780.804 Vlslt our wabslte for online crod t card and cCheck payments Pay by phone at 817-884•t110 www.tarrantcounty com BASE TAX 5,719.39 1,788.04 224.09 1,752.35 1,016.37 11,380.22 21,880.46 II TOTAL AMOUNT DUE INCLUDES PAYMENT RECEIVED TAX RATE PER $100 0.732500 0.229000 0.028700 0.224429 0.130170 1.457500 TOTAL TAXES V1.1 TAXES DUE CURRENTLY 5,719.39 1,788.04 224.09 1,752.35 1,016.37 11,38022 21,880.46 21,880.46 Tau PQicL F3rm Resou roa_ About Taxes Due = (Taxable Value • Tax Rate) /100 Taxable Value = Assessed Value - Exemptions • Exemptions might include Homestead. Over65, Disabled Person, Disabled Veteran, etc. Blank values in the table below indicate rates that have not yet been determined or are not required. This data is updated as it becomes available from each respective Taxing Unit. Taxing Unit O CITY OF FORT WORTH Last Year's Taxes (2021) $19,962.07 0.732500 O EAGLE MTN-SAGINAW (SD $39,75719.75500 1.4 O TARRANT COUNTY 66,240•70 0229000 O TARRANT COUNTY COLLEGE $3$41707.39 0.130 O TARRANT COUNTY HOSPITAL S6,T16.139 0224429 © TARRANT REGIONAL WATER $782.13 DISTRICT 0.028700 Total No Now Revenue Voter -Approval Proposed Taxes Adopted Taxes Taxes (2022) Taxes (2022) (2022) (2022) $21,10559 $25,313.89 $22,549.52 0.666976 0799846 0.712500 540,02263 S46,039.00 545,402.87 1.264600 7.454700 1.434600 $6,625.03 57,36757 $7,089.25 0.209332 0.232794 0.224000 53,819.40 $4,62270 $4,119.68 0.120682 0.146064 0.150170 $650350 $7,02321 57,102.83 0.205492 0247191 0.224429 $76,368.17 $78,076.16 $875.14 0.027652 $92,04131 $86,264.15 Difference Between No New Revenue and Proposed (2022) 51,443.93 0.045624 $45,402.87 $5,380.24 1.434600 0.170000 $7,102.83 0.224429 S52,505.70 $ 464.22 0.014668 $300.28 0.009488 $59933 0.018937 $8,187.99 Forms Resources_ - About - Taxes Due = (Taxable Value' Tax Rate) /100 Taxable Value = Assessed Value - Exemptions , Exemptions might include Homestead, Over65, Disabled Person. Disabled Veteran, etc. Blank values in the table below indicate rates that have not yet been determined or are not required. This data is updated as it becomes available from each respective Taxing Unit. Taxing Unit O CITY OF FORT WORTH O EAGLE MTN-SAGINAW 15D © TARRANT COUNTY © TARRANT COUNTY COLLEGE © TARRANT COUNTY HOSPITAL © TARRANT REGIONAL WATER $469.85 $45057 DISTRICT 0.028700 0027652 Total S45,877.08 $40,197.62 S47,387.70 Last Year's No New Revenue Voter -Approval Proposed Taxes Taxes (2021) Taxes (2022) Taxes (2022) (2022) 511,99193 $10,866.24 $13,03289 $1I,609.65 0.732500 0.666876 0.799846 0.712500 S23,861.07 520,605.71 S23,703.25 $23,375.73 1.457500 1.264600 1.454700 1.434600 $3,749.01 $3,410.91 53,79320 53,649.91 0229000 0209332 0.232794 0.224000 S2,131.04 $1,966.42 42,380.00 $2,121.02 0.130170 0.120682 0.146064 0.130170 $3,674.18 53,34834 $4,027.79 53,65690 0224429 0205492 0.247191 0.224429 Adopted Taxes (2022) 623,375.73 1.434600 $3,656-90 0.224429 $44,41322 S27,032.63 Difference Between No New Revenue and Proposed (2022) $743.41 0.045624 52,770.02 0.170000 5239.00 0.014668 $154.60 0.009488 530856 0.018937 $4,215.60 &1e Sourca Le-rrE� JOHN DEERE July 19, 2022 City of Fort Worth 200 Texas Street Fort Worth, TX 76102 City of Fort Worth: John Deere Construction & Forestry Company 1515 5th Avenue Moline, IL 61265 Jason Herrmann Territory Customer Support Manager This letter is to acknowledge that RDO Equipment Co. is the sole source and authorized John Deere Construction dealer for the Dallas / Fort Worth (D/FW) area. RDO Equipment Co. is the sole source to our customers in D/FW for sales, parts, repair and service for their John Deere construction equipment. Sincerely, Jason Herrmann COJOHN DEERE July 19, 2022 City of Fort Worth 200 Texas Street Fort Worth, TX 76102 City of Fort Worth: John Deere Construction & Forestry Company 1515 5th Avenue Moline, IL 61265 Jason Herrmann Territory Customer Support Manager This letter is to acknowledge that RDO Equipment Co. is the sole source and authorized John Deere Construction dealer for the Dallas / Fort Worth (D/FW) area. RDO Equipment Co. is the sole source to our customers in D/FW for sales, parts, repair and service for their John Deere construction equipment. Sincerely, 2v-i Jason Herrmann TEXAS CONSTRUCTION ...a I I I m..l i L.m..' I a I 1 ,.„„., I I .an I —i 7 1 1 I •...• I .a.... I m.. I I 1 °'°'1 m.. i 1 a i I ..a.,, l I I 1 I IVAOCihn.ey -_. `/_. 7. tii`.-4t...'_ I I ..�. i m. I I I,.....,,.i ,,,,e i re I �V� I���� y i • L L;Lm.\'LP. I i i i .'., i i iFo[F Woitjh - I .,, H ._ i r�/j. Conveniently located to serve you! 1 i merowom i i j i i —i Ie•...m.v, I WOW, I ,M,i.4 w. I I I I I ~ �� 1 Rental Construction Hotline: 800-866-3758 111M~ RENTS Austin 16415 N IH-35 512-272-4141 800-775-3838 Laredo 102 Wilcox Road 956-718-1909 877-469-4847 I I I mm.I I m I ------- .T_._. i - - — I I m.. I ...al I ''''''"i..� I I ma 1 ...a. I 1 .'. \'\ o... L x )- �, I, I 1 1 1 1 ..o.l,r.,/1,,.'-..I. 1.!0..,., Waco • -- / Y Lam.\ '�'`•- i ... . 1 i..°° ";�' \\ ate. ..'yam m '.\ r ) • \ / �1._. 1 J. I fa. \ • ,.",,,,,'+ `` 1940.1 1 I.., „o fL /. '\ .i• [� 1 I. I \.\ l I., ! / \ \-\ +.n. ? ,,,,.. •1..�._.1 .T-�..J '\•i••.�'+�', •' l` ! ,•—.. \ is T.� nut. I -L__._._.-i._. "e° i "'m�'�'\. 'Austin. m `' -.� i �._. _.J a \ /. t • ! VilMet I ra. I _ _...Y \-\ , i 1. t, 1 r �1.. - -San Antonior,; ;i_.4" ,i, `•, - ' ..�, I • 1 \. / \ ,.,.A w"� i ..,. I m ✓ i V. % r • . ; ..... I i 1 i j / I ' 1 I tare10— ii;1 Ir'" i I Fort Worth 5301 Mark IV Parkway 817-232-8094 800-551-4905 McKinney 2902 N. Central Expressway 214-856-4899 800-834-0187 EQUIPMENT CO. www.rdoequipment.com Irving 3230 East Airport Fwy 972-438-4699 800-437-6342 San Antonio Waco 19275 N. IH 35 215 Enterprise 830-632-3100 254-666-3900 800-880-0880 800-551-8258 RDO EQUIPMENT CO. Connected On All Levels SERVICE • Fully Equipped Service Facilities • Fully Equipped Service Vehicles • Certified Technicians • Computerized Diagnostics • All Makes Repairs • Undercarriage Management • Machining and Fabrication* • Welding Services* • Line Boring • Machine Inspections • Air Conditioning Installation, Maintenance and Repair* • Hydraulic Component Repairs and Maintenance • Failure Analysis • Total Fleet Management • Condition Based Maintenance • Resident Mechanics • Technical Consulting • Hauling* • Preventative Maintenance Agreements • GPS w=w RENTS (:‘P.1PROMISEA RAN(EEO PARTS • John Deere Parts • Isuzu Parts* • All Makes Parts • Ground Engaging Tools • New Aftermarket Parts • Used Parts* • Remanufactured Components • Online Parts Ordering* • Oil Coolant and Fuel Analysis • Extended Warranty Sales • Undercarriage Parts • GPS Service SALES • New John Deere Equipment • Used Equipment • Sakai Compaction Equipment* • Equipment Appraisals • Machine Application Analysis • Owning/Operating Cost Analysis reik JOHN DEERE www.rdoequipment.com RENTAL • Late Model John Deere Construction Equipment • Competitive Models • EPA Tier Compliant Machines • Short and Long Term Rentals • Rent -To -Own Options FINANCE • Retail Notes • Leases • Consolidation • Refinance • Competitive Rates MACHINE CONTROL • John Deere and Topcon preferred partner • SmartGrade Machine Control solutions • GPS/Machine Product Specialists in house • Sales and rental support for machine and grade control systems RDO© EQUIPMENT CO. j• ATTACHMENT D — DRAFT VENDOR SERVICE AGREEMENT The draft service agreement is attached as a separate document. Rcviscd 6.9.22cc ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Page 29 of 33 City Secretary Contract No. FORT WORTH® VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and VENDOR ("Ve ' or"), a Texas AND TYPE OF COMPANY] and acting by and through its duly authorized representati -; ach individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT.DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — City's RFP No. 5. Exhibit D — Contractor's Bid Response to City's RFP No.; and 6. Exhibit E — Verification of Signature Authority Form. ide Exhibits A, B, C, D, and E, whichare attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Repairs, maintenance and purchase of parts for a variety of heavy duty vehicles, lawn, and -marine equipment in the City's fleet, on an as needed basis ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.. 2. Term. This Agre gins on ("Effective Date") and expires on ("Expiration Date"), unless terminated earlier in accordance wi 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. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Dollars ($0.00). 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 Services Agreement Page 1 of 16 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-annronriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Infmation. 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. ..__` 1440° 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. Vendor Services Agreement Page 2 of 16 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 officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Vendor Services Agreement Page 3 of 16 Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits Vendor Services Agreement Page 4 of 16 (a) Commercial General Liability: (b) $1,000,000 - Each Occurrence $2,000,000 - Aggregate 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: Alk Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed $100,000 - $100,000 - $500,000 - Employers' liability 1*y Bodily Injury by accident; each accident/occurrence Bodily Injury by disease; each employee 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 mmercial General Liability (CGL) policy, or a separate policy specific to deb — 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. inerd 10.2 Ge auirements (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 Vendor Services Agreement Page 5 of 16 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 4ridor has obtained all required insurance will be delivered to the City prior to Veidor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws. Ordinances. Rules and Reeulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with ni applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, -OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: Fort Worth, Texas 76102 City of Fort Worth Facsimile: Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 Vendor Services Agreement Page 6 of 16 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emulovees. 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 upo he 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 b nstrued in accordance with the laws of the State of Texas. If any action, whether real or asserted, at lain 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 o gs, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality an orceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure.ity 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, compliancwith 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 Vendor Services Agreement Page 7 of 16 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 a identity and employment eligibility of its employees who perform work under this Agreement, "Eluding completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Sienature 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 Vendor Services Agreement Page 8 of 16 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 enterinto a contract with a company for goods or services unless the contract contains a written verification frarn 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 227 ] of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into -a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the.,contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Vendor Services Agreement Page 9 of 16 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. Vendor Services Agreement Page 10 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: Name: Steve Cooke Title: Property Management Director ATTEST: By: Name: Jannette S. Goodall Title: City Secretary VENDOR: By: Name: Title: Date: Vendor Services Agreement , 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. By: Name: Alan Shuror Title: Assistant Director, General Services APPROVED AS TO FORM AND LEGALITY: By: Name: Christopher Austria Title: Assistant City Attorney 111110 CONTRACT AUTHORIZATION: M&C: Form 1295: Page 11 of 16 EXHIBIT A SCOPE OF SERVICES Vendor Services Agreement City Secretary Contract No. Page 12 of 16 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Vendor Services Agreement Page 13 of 16 EXHIBIT C CITY'S RFP No. 22- (RFP No. 22- , Pages Follow) Vendor Services Agreement Page 14 of 16 EXHIBIT D CONTRACTOR'S BID RESPONSE TO CITY'S RFP No. 22- (Contractor's Bid Response to City's RFP No. 22- , Pages follow) Vendor Services Agreement Page 15 of 16 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. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Name: Signature. Signature of President / CEO Other Title: Date: Vendor Services Agreement Page 16 of 16 FORT WORTH® CITY OF FORT WORTH BID OFFER Event ID CFW01-23-0001 Event Round Version 1 3 Event Name ITB Heavy & Light Duty, Marine & Turf Vehicle Repa Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Page 1 Invited: PUBLIC EVENT DETAILS 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. C If_ 17: 22 FORT WORTH® CITY OF FORT WORTH BID OFFER Event ID CFWO1-23-0001 Event Round Version 1 3 Event Name ITB Heavy & Liaht Duty, Marine & Turf Vehicle ReDa Start Time Finish Time 10/26/2022 07:00:00 CDT 12/01/2022 13:30:00 CST Line Details Line: 1 Description: DO NOT SUBMIT THIS FORM. Please refer to attachment named "ITB 23-0001 Final Bid Document V1" for price submittal information. Page 2 Qty 1000.00 Invited: PUBLIC EVENT DETAILS 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 Unit HR UnitPrice Total Total Bid Amount: ACME $ BRICK EAST TEXAS REGIONAL MINING 509 To: Whom it may concern From: David Hawthorne Subject: Jeff Sigmon/RDO Equipment Company Date: 11/29/2022 Gentlemen / Ladies I would like to take this opportunity to express mine and Acme Brick Companies appreciation for the service and commitment that Jeff Sigmon and RDO's management team has provided Acme Brick Company's East Texas Regional Mining operation, and all the North Texas Production Brick Plants. Jeff has shown a dedication to the Sales and Service side of RDO that is above and beyond and has for since our meeting in 2004, Jeff has been very instrumental in the securing of many pieces of equipment for Acme Brick whether it be a 444 loader to the 670G excavator, Jeff and the sales team have been a blessing to work with during budgeting and planning process I am looking forward to continuing the relationship into the future. Sincerely David Hawthorne Mining Manager Acme Brick Company East Texas Regional Mining 1 ETM-509 MANSFIELD WATER UTILITIES To whom it may concern, I am writing this recommendation letter to express my utmost respect and support of RDO Equipment. I have had a great working relationship with RDO equipment that has lasted over fifteen years. Throughout my career with the City of Mansfield in the Water Utilities Department, we have purchased several pieces of equipment from RDO Equipment. I cannot a recall a single that time we have not be 100% satisfied with every purchase. They consistently handle all our service needs, and we could not be more pleased with the level of service we receive. I have to say one of their best qualities that I have enjoyed is amazing professionalism and customer service. They continue to follow up with us throughout the years to ensure we are not in need of anything, and to always offer their service. Not only do I always receive an immediate response when I reach out, I rarely need to as they are always ahead of the jump. On behalf of the City of Mansfield Water Utilities Department, we strongly recommend them to anyone looking for equipment purchases or service needs. Regards, ALEX WHITEWAY ASSISTANT DIRECTOR OF WATER UTILITIES CITY OF MANSFIELD, TEXAS (817) 728-3615 aCITY OF SOUTHLAKE TO: Whom it may Concern FROM: Kyle Flanagan, City of Southlake Water Supervisor DATE: November 29th 2022 SUBJECT: RDO Letter of Recommendation Prospective Customer, The purpose of this letter is to inform you that RDO Equipment in Fort Worth Texas has performed multiple repairs for the City of Southlake with our staff being satisfied with their work, timing, and prices. Also of importance, RDO has sold the City of Southlake Water Department 3 machines in the past 20 years, all of which we still own today and use on a daily to repair our water and wastewater infrastructure. 2004 410G Backhoe t I. RDO has stood behind all their products and continues to support the City of Southlake Water Department with our equipment needs. 2013 310SK Backhoe 2019 30G Mini Excavator Thank you, Kyle Flanagan City of Southlake Water Supervisor 1950 E. Continental Blvd. Southlake, Tx 76092 817-748-80081 kflanagan@ci.southlake.tx.us 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. 1. Name: Jeffrey R. Sigmon Position: RDO — Customer Service Advisor jef free R.. s1,0mot, Signature 2. Name: S'rOlw(`0, &GS2 � ���� Position: (Z.ee\pfv \ p'F\e(�� Signature 3. Name: 5,Q,,) SUMS Position: e(\ ay Afia-CCO --COAS /gnature Name: Signature of President / CEO Title: Date: 1.30.23 Vendor Services Agreement Page 27 of 27 FORT WORTH® ADDENDUM TO INVITATION TO BID NO. 23-0001 HEAVY & LIGHT DUTY, MARINE & TURF VEHICLE REPAIR PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: October 28, 2022 INVITATION TO BID (ITB): 23-0001 BID OPENING DATE: November 17, 2022 (CHANGED) REVISED BID OPENING DATE: December 1, 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: httos://fortworthtexas.webex.com/fortworthtexas/i.php?MTID=mba8d42af 3b923105199cd06cc344a352 ITB 23-0001 Heavy & Light Duty, Marine & Turf Vehicle Repairs Addendum No. 1, Page 1 of 2 COMPANY NA SIGNATURE: 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. i i 0 El u l A rvi e. (Alt C o #2/1 a L/ 261 22- NOTE: Compa n 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 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. RDO Equipment Company, Fort Worth Fort Worth, TX United States 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, Texas - Purchasing Division 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-966483 Date Filed: 12/21/2022 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. City of Fort Worth ITB 23-0001 Equipment Repair / Service - Repair and Maintenance of John Deere Construction Equipment 4 Name of Interested Party City, State, Country (place of business) 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION [3. My name is �J�'t r e \f R ' S Q.J y1A 0 , and my date of birth is CJ 2L ' My address is 53O M k / v it k way , ,-t We r f, , Tx 71 13/ To7 *—r Hti ; (street) (city) (state) (zip code) (country) Nature of interest (check applicable) Controlling Intermediary ❑X I declare under penalty of perjury that the foregoing is true and correct. Executed in T0-1—r'4=1•A-11- County, State of Tc ,c a-5 , on the day of t e c , 20_22 (month) (year) 80-417-z4e9 i ature a hori d 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 Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND FORS II Create New From This M&C DATE: 2/14/2023 REFERENCE **M&C 23- NO.: 0067 CODE: P TYPE: LOG NAME: PUBLIC 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 13P ITB 23-0001 LIGHT/HEAVY DUTY VEHICLE REPAIRS SVS TD PMD CONSENT NO 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 Autonation Chevrolet Autonation Ford Bruce Lowrie Chevrolet Buck's Wheel & Equipment Co. Evaluation Criteria I a II b II c II d e II Total I 5 115.33115.3311 10.67 II 7.5 1133.83 15 II 5 II 5 II 10 II 7.5 II 32.50 6.33116.33II 5 II 11.33 II 8 1137.00 6 116.33115.3311 10 II 9 1136.67 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 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 WildFire Truck Equipment Sales LTD 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. 5 11 5 114.67 6.33116.33115.33 5.5711 6 11 4 5 11 6 115.33 5.6711 6 11 5 6 116.67115.67 5 115.33114.33 5.3311 6 115.67 10 14 13.33 8.67 11.33 12.67 10 10 8 10 7.50 8 8 9 8 7.5 32.67 42.00 36.50 33.00 36.00 40.00 32.67 34.50 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 TFund Department Account Project Program Activity Budget Reference # ID ID Year (Chartfield 2) Amount 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 FROM Fund Department ID Account Project Program ID Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Activity Budget Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Dana Burghdoff (8018) Anthony Rousseau (8338) Steve Cooke (5134) Anthony Rousseau (8338) Taylor Dean (7648) ATTACHMENTS 13P ITB 23-0001 LIGHT HEAVY DUTY VEHICLE REPAIRS SVS TD PMD funds availabilitv.Ddf (CFW Internal) 23-0001 LightDutvVehicles Waiver.odf (CFW Internal) All 1295 Forms.Ddf (CFW Internal) All SAMS Reoorts.Ddf (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