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HomeMy WebLinkAboutContract 59615City Secretary Contract No. 59615 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 TEXAS TOWING WRECKER SERVICE, INC. ("Vendor"), a Texas Corporation, -acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A - Scope of Services; 3. Exhibit B - Price Schedule; 4. Exhibit C - City's ITB No. 23-0056 5. Exhibit D - Contractor's Bid Response to City's ITB No. 23-0056; 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. Vendor shall provide City with towing services for the City's vehicles and 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 Agreement begins on the date of execution by the City's Assistant City Manager ("Effective Date") and expires one year from that 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. 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 Seven Hundred Sixty -Five Thousand Six Hundred Sixty -Three Dollars ($765,663.00). 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 OFFICIAL RECORD Page 1 of 11 CITY SECRETARY FT. WORTH, TX 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. Vendor Services Agreement Page 2 of 11 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. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION -VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Vendor Services Agreement Page 3 of 11 Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non - infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assignment and Subcontracting. 9.1 Assigm ent. 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 11 (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Vendor Services Agreement Page 5 of 11 Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 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: City of Fort Worth Texas Towing Wrecker Service Inc. Attn: Assistant City Manager Jerry Clay, Jr. President 200 Texas Street 205 S Commercial St. Fort Worth, TX 76102-6314 Fort Worth, TX 76107 Facsimile: (817) 392-8654 Phone Number: 817-946-5089 With copy to Fort Worth City Attorney's Office at same address Vendor Services Agreement Page 6 of 11 14. Solicitation of Emplovees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. Vendor Services Agreement Page 7 of 11 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 Nationalitv 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 EM , CONTRACTORS, S U B C O N T R A C T O R S, O R A GENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made- for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authoritv. 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. Vendor Services Agreement Page 8 of 11 28. Change in Companv Name or Ownershiv. 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 Bovcott 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 Bovcotting Energv Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions Vendor Services Agreement Page 9 of 11 (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. [SIGNATURES ON FOLLOWING PAGE] Vendor Services Agreement Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date set forth in Section 2. CITY OF FORT WORTH: a2ABy: Dana Burghdoff (J 16�2Oi2f46 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Jun 16, 2023 APPROVAL RECOMMENDED: �� Q.A By: Steve o ke (Jun 14, 202312:41 CDT) Name: Steve Cooke Title: Property Management Director ATTEST: By: Name: Jannette S. Goodall Title: City Secretary 1/ NLl11Z" By: Name: Jerry Clay, Jr. Title: President Date: June 13, 2023 p.0440pn�� v FORT�0 a_o °ad dvo o=a ppP'f ° °°° 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 Garcia By: Denise Garcia (Jun 14, 2023 09:59 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: Richard A. McCracken (Jun 14,202315:48 CDT) Name: Richard McCracken Title: Sr. Asst City Attorney Sect. Chief CONTRACT AUTHORIZATION: M&C: 23-0448 Form 1295: 2023-1008230 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 11 of 11 EXHIBIT A SCOPE OF SERVICES 1.0 SCOPE 1.1 Vendor shall provide City with towing services for the Property Management Department's Fleet Division for vehicles and equipment in the City's fleet. 1.2 The quantities listed on the price submittal 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 Additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already in the Agreement, may be added based on the discount and price sheet provided. 1.5 Unit prices 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 will be considered a requirement although not directly specified or called for in the Scope of Services. 2.0 VENDOR SPECIFICATIONS 2.1 Definitions 2.1.1 Class A Vehicles hereinafter called "Class A" are light duty tows consisting of gross weight rating of 10,000 pounds or less which will include, but not be limited to, all automobiles, golf cars, utility cars, scrubbers, scissor lifts and the majority of all pickup trucks, mowers, turf maintenance equipment, forklifts, light tractors, brush hogs, light skid loaders and sweepers. 2.1.2 Class B Vehicles hereinafter called "Class B" defined as medium duty tows consisting of gross weight rating of 10,001 to 25,999 pounds. 2.1.3 Class C Vehicles hereinafter called "Class C" defined as heavy duty tows consisting of gross weight rating of 26,000 pounds and over. 2.2 Vendor will furnish all equipment, labor, materials and personnel necessary for towing for Fleet on an as -needed basis as directed by authorized City employees. 2.3 Vendor will provide a list of names, telephone, email addresses and cell numbers to the Fleet Division, upon request, for persons to be notified of a request for service. The contact list will be kept up to date throughout the life of the agreement by Vendor. Vendor Services Agreement 2.4 Response Times 2.4.1 Class A, Vendor will respond to site of disablement within a maximum of 30 minutes from time a request for service is made. 2.4.1.1 Once Class A is picked up and in transit, Vendor will deliver to delivery site location within 30 minutes of transit time. 2.4.2 Class B, Vendor will respond to site of disablement within a maximum of 45 minutes from time request for service is made. 2.4.2.1 Once Class B is picked up and in transit, Vendor will deliver to delivery location within 45 minutes of transit time. 2.4.3 Class C, Vendor will respond to site of disablement within maximum of 60 minutes from time request for service is made. 2.4.3.1 Once Class C is picked up and in transit, Vendor will deliver to delivery location within 60 minutes of transit time. 2.4.4 Vendor will perform towing for the City with the exception of privately -owned vehicles covered under the Property Management Department - Fleet Division's non -consent towing contracts regulated by City Ordinance. 2.4.5 Vendor will provide service 24 hours per day, 7 days per week, including holidays. Historically, 90% of all wrecker service have occurred during the hours of 4:30 pm to 8:00 am Monday through Sunday, and Holidays. 2.4.6 Vendor will give priority to Fort Worth's Police and Fire Department emergency response vehicles over nonemergency vehicles. The Police Department is the City's largest fleet with 1,500 vehicles. 2.4.7 Vendor shall comply with Chapter 2308 of the Texas Occupations Code, and Title 16, Part 4, Chapter 86 of the Texas Administrative Code, and will comply with all local, City, County, State, and Federal rules, ordinances, laws and regulations as set forth now and any enacted in the future. 2.4.8 Vendor shall keep all certificates and licenses required by local, City, State, or Federal rules, ordinances, laws and regulations for towing up to date during the Term of this Agreement and submit copies to the City upon request of the City. 2.4.9 Vendor's place of business, wrecker equipment, and wrecker equipment operators must be at a location so that the minimum response time requirements as set forth in Section 2.4, Paragraphs 2.4.1 through 2.4.3, Response Times, can be safely met. 2.4.10 Each vehicle or equipment towed is to be considered a separate tow. Example: If Vendor is requested to deliver a vehicle or equipment to replace a vehicle or Vendor Services Agreement equipment towed, the delivery and pick up will be considered two (2) tows. Each vehicle is to be invoiced separately with appropriate class charge. 2.4.11 Vendor must have access to a minimum of two (2) wreckers for class A tows and a minimum of two (2) wreckers for class B tows. 2.4.11.1 The two wreckers for class B tows must have front wheel under reach lift with minimum extension of 110" and GVWR lifting and towing capacity of 20,000 + pounds. 2.4.12 The City reserves the right to inspect and approve all wrecker equipment to be used in the performance of this Agreement. 2.4.13 Vendor's wrecker equipment must comply with all local, City, County, State and Federal rules, ordinances, laws and regulations as set forth now and enacted in the future, and must remain current throughout the Term of this Agreement. 2.4.14 All wrecker equipment used in the performance of this Agreement must be fully maintained, clean, in good working condition, suitable for their intended purpose and operated by fully qualified and licensed personnel. 2.4.15 Vendor will obtain Work Order number from the Property Management Department's Fleet Division for calls for service during business hours. For after- hours calls for service, Vendor will obtain a Work Order prior to billing on the next regular business day. 2.5 Vendor will have a low boy trailer to tow special equipment. 2.5.1 Vendor will use a low boy trailer to transport all fire apparatus. 2.6 Locations 2.6.1 On rare occasions City vehicles, equipment and employees may be assigned to perform duties outside the corporate limits of the City. Assignments can be but not limited to, projects such as assisting other governmental entities when large disasters occur. Some locations could be at a distance requiring overnight or extensive travel. Vendor may be required to respond for delivery or pick up of such vehicles and equipment at any time during normal work hours, nights, weekends or holidays. 2.6.2 All travel and additional expenses must be approved in advance by the Fleet Division. Failure to obtain prior written approval may result in nonpayment of unauthorized travel expenses. 2.6.3 The City shall have the right to review all travel expenses by obtaining copies of original receipts from the Vendor. The City shall have the right to accept or reject any portion of the expenses that are found to be unreasonable or excessive. 2.6.4 The Fleet Division's anticipated drop-off points include, but are not limited to, the following locations: Vendor Services Agreement Location James Ave. Service Center 5021 James Ave. Fire Service Center Brennan Service Center 2950 W. Bolt St. 2500 Brennan Ave. Southside Service Center 4100 Columbus Trl. Water Service Center 2201 W. Daggett St. North Service Center 301 W. Hillshire Dr. 3.0 INVOICING REOUIREMENTS Address Ft. Worth, TX 76115 Ft. Worth, TX 76110 Ft. Worth, TX 76106 Ft. Worth, TX 76133 Ft. Worth, TX 76102 Ft. Worth, TX 76131 3.1 The City of Fort Worth has begun implementing an automated invoicing system. 3.2 The Vendor must send invoices electronically to the City's centralized Accounts Payable Department's invoice email address: supplierinvoices(u,fortworthtexas.2ov. This email address is not monitored, so Vendor shall not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receive and process supplier invoices. 3.3 Vendor must include the following on the subject line of the e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456 FWO130000001234). 3.4 To ensure the system can successfully process invoices in an expedient manner, Vendor shall adhere to the following requirements: 3.4.1 All invoices must be either a PDF or TIFF format. 3.4.2 Image quality must be at least 300 DPI (dots per inch). 3.4.3 Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 3.4.4 One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 3.4.5 Vendor must not send handwritten invoices or invoices that contain handwritten notes. 3.4.6 Dot matrix invoice format is not accepted. 3.4.7 The invoice must contain the following information: 3.4.7.1 Supplier Name and Address; 3.4.7.2 Remit to Supplier Name and Address, if different; 3.4.7.3 Last eight numbers of the Vehicle Identification Number (VIN); Vendor Services Agreement 3.4.7.4 Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 3.4.7.5 Invoice number; and 3.4.7.6 Invoice date; 3.4.8 Invoices should be submitted after delivery of the goods or services. 3.5 To prevent invoice processing delays, Vendor must not send invoices by mail and email and must not send the same invoice more than once by email to sunnlierinvoices(afortworthtexas.2ov. To check on the status of an invoice, Vendor should contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPavableafortworthtexas.2ov. 3.6 If Vendor is unable to send an invoice as outlined above, Vendor must send the invoice to the City's 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. 3.7 If electronic invoicing is not possible, Vendor may send a 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, the City needs the Vendor's support. If Vendor has any questions, Vendor should contact the Accounts Payable team at (817) 3922451 or by email to ZZ FIN AccountsPavable(d)fortworthtexas.gov. 3.8 Vendor must not include Federal, State of City sales tax in its invoices. City will furnish a tax exemption certificate upon Vendor's request. 4.0 UNIT PRICE ADJUSTMENT 4.1 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 will not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 4.2 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. 4.3 Price Adjustment Justification means documentation supporting a requested Price Vendor Services Agreement 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. 4.4 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. 4.5 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. 4.6 Prices offered will be used for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 4.7 Upon expiration of the Agreement term the Vendor, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the City to re- bid an Agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the prior Agreement rate(s). Vendor will remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 4.8 Delivery of goods and/or services will not be suspended by the Vendor without a 30-day prior written notice to the Sr. Purchasing Manager. 4.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement will take precedence. 5.0 PERFORMANCE 5.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement will 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 will continue in full force and effect. 6.0 HAZARDOUS CONDITIONS 6.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 6.2 Hazardous materials will be handled with care and workers will wear Personal Protective Equipment (PPE) while handling hazardous material. If there are questions regarding how to dispose of materials, the Vendor will contact City of Fort Worth Code Compliance at 817-392-1234. Vendor Services Agreement 7.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 7.1 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. 8.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 8.1 Vendor will 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). Vendor Services Agreement EXHIBIT B PAYMENT SCHEDULE (Page left intentionally blank, document to follow) Vendor Services Agreement FoR PRICE SUBMITTAL Event ID Page CFW01-23-0056 3I Event Round Version 1 1 Event Name Citv Eauinment and vehicle Tnwina Services Start Time Finish Time 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT Invited: 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 Line Details Line: 1 Description: Qtv Unit UnitPrice Total Class A service within 30 miles 2145.00 EA 175.00 375,375.00 Line: 2 Description: Qtv Unit UnitPrice Class A service exceeding 30 miles 75.00 EA _Total 2.35 176.25 Line: 3 Description: Qtv Unit UnitPrice Total Class A additional labor charges. Shall not include travel time, waiting time, cleanup 23.00 HR time and other items until the 30 minutes of extra work included in all tows expires 140.00 3,220.00 Line: 4 Description: ON Unit UnitPrice Total Class B service within 30 miles 555.00 EA 1175.00 '�97,125.00 Line: 5 Description: Qtv Unit UnitPrice Total Class B service exceeding 30 miles 90.00 EA 2.35 1211.50 Line: 6 Description: Qtv Unit UnitPrice Total Class B additional labor charges. Shall not include travel time, waiting time, cleanup 38.00 HR time and other items until the 45 minutes of included in tows 140.00 15,320.00 extra work all expires Line: 7 Description: Qtv Unit UnitPrice Total Class C service within 30 miles 195.00 EA 425.00 82,875.00 Line: 8 DMcdotion: Qtv Unit UnitPrice Total Class C service exceeding 30 miles 68.00 EA 3.40 231.20 FORT WORTH. PRICE SUBMITTAL Event ID Page CFW01-23-0056 4 Event Round Version 1 1 Event Name Citv Equipment and Vehicle Towing Services Start Time Finish Time 04118/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT Invited: 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 Line: 9 Description: Qtv Unit UnitPrice Total Class C additional labor charges. Shall not include travel time, waiting time, cleanup 53.00 HR time and other items until the 60 minutes of extra work included in all tows expires 1.180.00 9,540.00 Line: 10 Descriation: Qtv Unit UnitPrice Total Trailer service to transport vehicles and equipment up to 85,000 pounds within 30 miles, up to and including 60 minutes of 225.00 EA extra work in all tows. Excludes vehicles 850.00 191,250.00 that can be towed under lines 1 through 6 of this bid. Line: 11 Description: Qtv Unit UnitPrice Total Trailer service to transport vehicles and equipment up to 85,000 pounds exceeding 30 miles, up to and including 60 minutes of 68.00 EA extra work in all tows. Excludes vehicles 5.00 340.00 that can be towed under lines 1 through 6 of this bid. Total Bid Amount: 765,663.95 Prompt Payment Discount Terms: 0 Percent 0 Days (i.e. 3% Net 15, etc.) 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. EXHIBIT C CITY'S ITB No. 23-0056 (Page left intentionally blank, document to follow) Vendor Services Agreement FORT WORTH. COVER PAGE Event ID Page Invited: EVENT DETAILS CFW01-23-0056 1 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing Citv Equipment and Vehicle Towinq Services 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids to finalize an Agreement for City Equipment and Vehicle Towing Services 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: Charles Benson Pre -Bid Conference: A pre -bid conference will be held in person and via Webex on Monday, April 24, 2023, at 2:OOPM — 3:OOPM (Local Time). Attendance at pre -bid conferences is not mandatory but strongly encouraged. In -Person Development Conference Room LL1201. Located on the North end of City Hall lower level by the elevators City of Fort Worth, City Hall 200 Texas Street Fort Worth, TX 76102 Webex Meeting Phone Number: 1-469-210-7159 Meeting number (access code): 2556 985 4729 Meeting Password: MbJSNdna693 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m2Oaf43ce4ea98dbl5c5f52a57fOdfb5d 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., May 4, 2023, 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 Sr. 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. 23-0056 "City Equipment and Vehicle Towing Services" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/ specifications contained in this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date. Cover Page Bid Submission Signature Page** Price Submittal — 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 - Reference Sheet Attachment E - Map Attachment F - Draft Vendor Service Agreement, attached as a separate document Attachment G - Vendor Qualification Questionnaire** Attachment H - 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. ITB 23-0056 City Equipment and Vehicle Towing Services Page 1 of 32 FORT WORTH. BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: EVENT DETAILS CFW01-23-0056 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing Citv Equipment and Vehicle Towing Services 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT 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 (* See Section 22.0, "Cooperative Purchasing" of Part 1, "Instructions") ITB 23-0056 City Equipment and Vehicle Towing Services Page 2 of 32 FORT WORTH. PRICE SUBMITTAL EventlD Page CFW01-23-0056 3 Event Round Version 1 1 Event Name Citv Equipment and Vehicle Towinq Services Start Time Finish Time 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT Line Details Line: 1 Description: Class A service within 30 miles Line: 2 Description: Class A service exceeding 30 miles Line: 3 Description: Class A additional labor charges. Shall not include travel time, waiting time, cleanup time and other items until the 30 minutes of extra work included in all tows expires Line: 4 Description: Class B service within 30 miles Line: 5 Description: Class B service exceeding 30 miles Line: 6 Description: Class B additional labor charges. Shall not include travel time, waiting time, cleanup time and other items until the 45 minutes of extra work included in all tows expires Line: 7 Description: Class C service within 30 miles Qtv 2145.00 Qtv 75.00 Qtv 23.00 Qtv 555.00 Qtv 90.00 Qtv 38.00 Qtv 195.00 Invited: 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 UnitPrice Total EA Unit UnitPrice Total EA Unit UnitPrice Total HR Unit UnitPrice Total EA Unit UnitPrice Total EA Unit UnitPrice Total HR Unit UnitPrice Total EA Line: 8 Description: Qtv Unit UnitPrice Total Class C service exceeding 30 miles 68.00 EA ITB 23-0056 City Equipment and Vehicle Towing Services Page 3 of 32 FORT WORTH. PRICE SUBMITTAL EventlD Page CFW01-23-0056 4 Event Round Version 1 1 Event Name Citv Equipment and Vehicle Towinq Services Start Time Finish Time 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT Invited: 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 Line: 9 Description: Qtv Unit UnitPrice Total Class C additional labor charges. Shall not include travel time, waiting time, cleanup 53.00 HR time and other items until the 60minutes of extra work included in all tows expires e Line: 10 Description: Qtv Unit UnitPrice Total Trailer service to transport vehicles and equipment up to 85,000 pounds within 30 miles, up to and including 60 minutes of 225.00 EA extra work in all tows. Excludes vehicles that can be towed under lines 1 through 6 of this bid. Line: 11 Description: Qtv Unit UnitPrice Total Trailer service to transport vehicles and equipment up to 85,000 pounds exceeding 30 miles, up to and including 60 minutes of 68.00 EA extra work in all tows. Excludes vehicles that can be towed under lines 1 through 6 of this bid. Total Bid Amount: Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc.) 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 23-0056 City Equipment and Vehicle Towing Services Page 4 of 32 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 buver'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 — FMSPurchasinaRes ponses(a-)-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 Sr. 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 23-0056 City Equipment and Vehicle Towing Services Page 5 of 32 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 please see Cover Page for the location and for potential bidders who are unable to attend the WebEx details. Failure to attend the pre -bid conference will impact a potential Vendor's ability to submit a fully informed and competitive bid response. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES - The quantities listed on the price submittal 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. 9.0 PRICES/PERCENTAGE DISCOUNT ITB 23-0056 City Equipment and Vehicle Towing Services Page 6 of 32 9.1 Bid prices and percentage discount (if applicable) shall be firm offers unless otherwise specified. Pricing and percentage discount (if applicable) shall be entered on the Price Submittal 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 no later than 30 days from the date the City receives a properly prepared invoice that contains no errors. Please see Section 10.0, Part 2 for invoicing requirements. Prompt/early payment discount(s) may be considered by the City. Bidder shall submit the proposed discount(s) on the "Price Submittal" page. 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/iDurchasina/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 Price Submittal; ITB 23-0056 City Equipment and Vehicle Towing Services Page 7 of 32 14.2.3 Reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently provided subject services on a continuing basis over a three (3) year. 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. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 14.2.5 Bidder's background, number of years in business. 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 Reference Sheet; Attachment D 14.2.11 A completed Vendor Qualification Questionnaire; Attachment G 14.2.12 Bidder shall furnish copies of any certificates or licenses required by local City, State or Federal rules, ordinances, laws and regulations as set forth now or enacted in the future verifying their authority to perform towing under this agreement. Successful Bidder awarded the agreement shall keep their certificates and license up to date throughout the life of this agreement and submit copies to the City. 14.2.13 Bidder shall submit documentation in the form of one or all the following: award letters, purchase orders, invoices, signed contracts, or signed statements from an authorized employee or manager of entity on official entity's letterhead with contact name, phone and email. 14.2.14 Signed Addendum(s) acknowledging receipt. 14.2.15 Scanned copy of all documents listed in Section 14.2, Part 1. 14.2.16 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. ITB 23-0056 City Equipment and Vehicle Towing Services Page 8 of 32 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Section 5, 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; ITB 23-0056 City Equipment and Vehicle Towing Services Page 9 of 32 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 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 httr)s://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 Sr. 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 Sr. 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 Sr. 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. ITB 23-0056 City Equipment and Vehicle Towing Services Page 10 of 32 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Sr. Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: httr):Hfortworthtexas.aov/citvsecretarv/info/default.asDx?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 23-0056 City Equipment and Vehicle Towing Services Page 11 of 32 1.0 2.0 PART — 2 SCOPE OF SERVICES/SPECIFICATIONS SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for City equipment and vehicle towing services 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 The quantities listed on the price submittal 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. 1.3 This Agreement shall begin on the date stated in Purchase Order ("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30), unless City or Vendor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor / Vendor. 1.4 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.5 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.6 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 April 18, 2023 April 25, 2023 3:00 pm (Local Time) April 26, 2023 5:00 pm (Local Time) April 28, 2023 May 4, 2023 ITB 23-0056 City Equipment and Vehicle Towing Services Page 12 of 32 Recommended Vendor Selection May 2023 Mayor and Council Consideration May/June 2023 Contract Execution May/June 2023 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Sr. 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 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.1 The Contractor shall: 4.1.1 Have a minimum of three (3) 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. 4.1.3 Have access to a minimum of two (2) wreckers for class A and class B tows. 4.1.3.1 The two wreckers for class B tows must have front wheel under reach lift with minimum extension of 110" and GVWR lifting and towing capacity of 20,000 + pounds. 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 4, 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 50 points 5.3.2 Contractor's ability to provide service (equipment) — up to 25 points Attachment G question 5 5.3.3 Contractor's ability to provide service (personnel) — up to 25 points Attachment G question 6 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. ITB 23-0056 City Equipment and Vehicle Towing Services Page 13 of 32 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. 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 B, 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 CONTRACTOR SPECIFICATIONS 6.1 Definitions 6.1.1 Class A Vehicles hereinafter called "Class A" defined as light duty tows consisting of gross weight rating of 10,000 pounds and less which shall include but not limited to all automobiles, golf cars, utility cars, scrubbers, scissor lifts and the majority of all pickup trucks, mowers, turf maintenance equipment, forklifts, light tractors, brush hogs, light skid loaders and sweepers. 6.1.2 Class B Vehicles hereinafter called "Class B" defined as medium duty tows consisting of gross weight rating of 10,001 to 25,999 pounds. 6.1.3 Class C Vehicles hereinafter called "Class C" defined as heavy duty tows consisting of gross weight rating of 26,000 pounds and over. 6.2 The Contractor shall furnish all equipment, labor, materials and personnel necessary for towing for Fleet Services on an as -needed basis as directed by authorized City employees. 6.3 The Contractor shall provide a list of names, telephone, email addresses and cell numbers to PMD Fleet, upon request, for persons to be notified of a request for service. The contact list shall be kept up to date throughout the life of the agreement by the Contractor. 6.4 Response Times 6.4.1 Class A, Contractor shall respond to site of disablement within a maximum of 30 minutes from time request for service is made. 6.4.1.1 Once Class A is picked up and in transit, Contractor shall deliver to delivery site location within 30 minutes of transit time. 6.4.2 Class B, Contractor shall respond to site of disablement within a maximum of 45 minutes from time request for service is made. ITB 23-0056 City Equipment and Vehicle Towing Services Page 14 of 32 6.4.2.1 Once Class B is picked up and in transit, Contractor shall deliver to delivery location within 45 minutes of transit time. 6.4.3 Class C, Contractor shall respond to site of disablement within maximum of 60 minutes from time request for service is made. 6.4.3.1 Once Class C is picked up and in transit, Contractor shall deliver to delivery location within 60 minutes of transit time. 6.4.4 Contractor shall perform towing for the City with exception of privately -owned vehicles covered under the Property Management Department- Fleet Servicer's non -consent towing contracts regulated by City Ordinance. 6.4.5 Contractor shall provide service 24 hours per day, 7 days per week, including holidays. Historically, 90% of all wrecker service has occurred during the hours of 4:30 pm to 8:00 am Monday through Sunday, and Holidays. 6.4.6 Contractor shall give priority to Fort Worth's Police and Fire Department emergency response vehicles over nonemergency vehicles. The Police Department's is the City's largest fleet with 1,500 vehicles. 6.4.7 Contractor Shall be in compliance with all Texas Occupations Code, Chapter 2308, and Subchapter A of Texas Department of Licensing and Regulation and shall comply with all local, City, County, and Federal rules, ordinances, laws and regulations as set forth now and any enacted in the future. 6.4.8 Contractor shall furnish copies of any certificates or licenses required by local City, State or Federal rules, ordinances, laws and regulations as set forth now or enacted in the future verifying their authority to perform towing under this agreement. Successful Contractor awarded the agreement shall keep their certificates and license up to date throughout the life of this agreement and submit copies to the City. 6.4.9 Contractor's place of business, wrecker equipment and wrecker equipment operators must be at a location so that the minimum response time requirements as set forth in Section 6.4, Paragraphs 6.4.1 through 6.4.3, Response Times, can be safely met. 6.4.10 Each vehicle or equipment towed is to be considered a separate tow. Example: If Contractor is requested to deliver a vehicle or equipment to replace a vehicle or equipment towed, the delivery and pick up will be considered two (2) tows. Each vehicle is to be invoiced separately with appropriate class charge. 6.4.11 Contractor shall have access to a minimum of two (2) wreckers for class A and class B tows. 6.4.11.1 The two wreckers for class B tows must have front wheel under reach lift with minimum extension of 110" and GVWR lifting and towing capacity of 20,000 + pounds. 6.4.12 The City reserves the right to inspect and approve all wrecker equipment to be used in the performance of this agreement before, during and after the award of this agreement. 6.4.13 Contractor's wrecker equipment shall comply with all local City, County, State and Federal rules, ordinances, laws and regulations as set forth now and enacted in the future and shall remain current throughout the life of this agreement. ITB 23-0056 City Equipment and Vehicle Towing Services Page 15 of 32 6.5 6.7 6.4.14 All wrecker equipment used in the performance of this agreement shall be fully maintained, clean, in good working condition, suitable for their intended purpose and operated by fully qualified and licensed personnel. 6.4.15 Contractor shall obtain Work Order number from the Property Management Fleet Department during business hours. After hours calls for service, contractor shall obtain a Work Order prior to billing on the next regular business day. Required Fire Apparatus Experience 6.5.1 Contractor shall have a minimum experience of three (3) or more years in the heavy-duty towing of large Fire Apparatus (up to and including 100' aerial apparatus). Vendor shall submit documentation in the form of one or all the following: award letters, purchase orders, invoices, signed contracts, or signed statements from an authorized employee or manager of entity on official entity's letterhead with contact name, phone and email. Contractor must have a low boy trailer to tow special equipment. 6.6.1 Contractor must use a low boy trailer to transport all fire apparatus. Locations 6.7.1 On rare occasions City vehicles, equipment and employees may be assigned to perform duties outside the corporate limits of the City. Assignments can be but not limited to, projects such as assisting other governmental entities when large disasters occur. Some locations could be at a distance requiring overnight or extensive travel. Contractor may be required to respond for delivery or pick up of such vehicles and equipment at any time during normal work hours, nights, weekends or holidays. 6.7.2 All travel and additional expenses must be approved in advance by Fleet, no exceptions. Failure to obtain prior written approval may result in objection and in nonpayment of unauthorized travel expenses. 6.7.3 Should travel and additional expenses be required, all expenses will be reasonable and acceptable to the City. The City reserves the right to review all travel expenses by obtaining copies of original receipts from the Contractor. The City reserves the right to accept or reject any portion of the expenses that are found to be unreasonable or excessive. 6.7.4 Fleet Services anticipated drop-off points shall be but not limited to the following: Location Address James Ave. Service Center 5021 James Ave. Ft. Worth, TX 76115 Fire Service Center Brennan Service Center Southside Service Center Water Service Center North Service Center 2950 W. Bolt St. 2500 Brennan Ave. 4100 Columbus TH. 2201 W. Daggett St. 301 W. Hillshire Dr. Ft. Worth, TX 76110 Ft. Worth, TX 76106 Ft. Worth, TX 76133 Ft. Worth, TX 76102 Ft. Worth, TX 76131 ITB 23-0056 City Equipment and Vehicle Towing Services Page 16 of 32 7.0 BRAND NAME OR EQUAL 7.1 Any manufacturer's names, trade names, brand names information, and/or catalog numbers listed in this specification are for information and not intended to limit competition unless otherwise indicated. Bidders may offer any brand for which he/she is an authorized representative, which meets or exceeds the bid specification for any item(s) listed herein. If bids are based on equivalent products, indicate on the bid solicitation the manufacturer's product name and reference number. 7.2 Vendors shall submit proposals, cuts, sketches, and descriptive literature, and/or complete specifications. Bidders shall explain the reason(s) why the proposed equivalentwill meet the specifications and not be considered an exception thereto. Bids which do not comply with these requirements are subject to rejection. Bids lacking any written indication of intent to bid an alternate brand will be received and considered incomplete. 7.3 The Purchasing Manager or designee will evaluate "equal" product on the basis of information furnished by the Vendor or identified in the bid and reasonably available to the Purchasing Manager. The Purchasing Manager or designee is not responsible for locating or obtaining any information not identified in the order. 7.4 Unless the bidder clearly indicates in its bid that the product being offered is an "equal"product the bidder shall provide the brand name product referenced in the bid. 7.5 The City shall have the sole right to determine equal products. 8.0 LAWS, REGULATIONS, AND ORDINANCES 8.1 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. 9.0 INVOICING REQUIREMENTS 9.1 The City of Fort Worth has begun implementing an automated invoicing system. 9.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supolierinvoicesa.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. 9.3 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). 9.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: 9.4.1All invoices must be either a PDF or TIFF format. ITB 23-0056 City Equipment and Vehicle Towing Services Page 17 of 32 9.4.21mage quality must be at least 300 DPI (dots per inch). 9.4.31nvoices must be sent as an attachment (i.e. no invoice in the body of the email). 9.4.4One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 9.4.5Please do not send handwritten invoices or invoices that contain handwritten notes. 9.4.6Dot matrix invoice format is not accepted. 9.4.7The invoice must contain the following information: 9.4.7.1 Supplier Name and Address; 9.4.7.2 Remit to Supplier Name and Address, if different; 9.4.7.3 Last eight numbers of the Vehicle Identification Number (VIN); 9.4.7.4 Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 9.4.7.5 Invoice number; 9.4.7.6 Invoice date; and 9.4.81nvoices should be submitted after delivery of the goods or services. 9.5 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 suoDlierinvoices(cDfortworthtexas.aov. 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(c)fortworthtexas.aov. 9.6 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. 9.7 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 Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by email to ZZ FIN AccountsPavable(a�fortworthtexas.aov. 9.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 10.0 UNIT PRICE ADJUSTMENT 10.1 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 ITB 23-0056 City Equipment and Vehicle Towing Services Page 18 of 32 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. 10.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 — March 31; Q3P: April 1 — June 30; Q4: July 1 — September 30. 10.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 10.4 The 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. 10.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 10.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 10.7 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the City to re -bid an Agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the prior Agreement rate(s). Vendor 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. 10.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the Sr. Purchasing Manager. 10.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 11.0 INSURANCE REQUIREMENTS — The Contractor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement, Attachment E to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 12.0 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. 13.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. ITB 23-0056 City Equipment and Vehicle Towing Services Page 19 of 32 14.0 HAZARDOUS CONDITIONS 14.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 14.2 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 Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 14.0 CONTRACT ADMINISTRATION AND TERMINATION 14.1 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. 14.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Sr. 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. 14.3 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. 14.4 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. 15.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 15.1 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. 16.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 16.1 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). ITB 23-0056 City Equipment and Vehicle Towing Services Page 20 of 32 17.0 DEBARMENT AND SUSPENSION 17.1 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. 18.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) 18.1 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. 18.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00. 19.0 NO BOYCOTT OF ISRAEL 19.1 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. 20.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 20.1 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. 21.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES ITB 23-0056 City Equipment and Vehicle Towing Services Page 21 of 32 21.1 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. 22.0 RIGHT TO AUDIT 22.1 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. ITB 23-0056 City Equipment and Vehicle Towing Services Page 22 of 32 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 Contractor 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 23-0056 City Equipment and Vehicle Towing Services Page 23 of 32 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity •: rt K93W4 This questionnaire reflects changes made io the law by H.B. 23. 941h Leg., Regular Session. OFFICE ISEONLY This questionnaire is being liled in accordance with Ghaptw 176. Local Government Code, by a verwdor who DaW peceiwed has a business relationship as defined by Section 176-0010-at with a local governmen-al en0k and the vendor meats requirements under Section 176.U06(a)- fay law this questlonnaire must be liled with the records adminhaalor of the local goven-rental entity not laser than the 7th business day after the dale the vendor becomes arras of facts tha-, require the a-m-ement io be filed. Sap Section 176-aob(a-1), LocaJ Goaemmoni Coda. A vendor commits an olfanse if the vendor knowingly violates Section 176.11306, Loral Givemment Code- An coarse under this section is a misdemeanor. -11 Name of vendor who has a business relationship with local governmental entity. J ❑ Check this box if you arm tilt ng an ups is a previously fi IE}d q uesfiannaire. (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 arare that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officerabout whom the information is being disclosed,. Name of Off cer J describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A). Also describe any family relationship with tlhelocal governrnentoff icer. Complete subparts A and B for each employment or business miationship described. Attach additional pages to this Form CIO as necessary. A- Is the local government officer or a family member of the offioer receiving or likely to rOreiwe taxable income, other than investment income. from the vendor? Yes =No B- Is the vendor receiving or likely to receive taorable income, other than investment income, from or at the direction of the local government officer or a family rrembw of the officer AND the taxable income is not reaeived tram the local governmental entity? Yes = No f?escribeeach employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect towhich the local government officer serves asan officer ordirectcr, or holds an ownership inierest of one percent or more. 61 ❑ Check this boot if the vendor has given the local govern ment officer or a fam ily member of the officer one or more gifts as described in Section 176.00S(a)(2)(B), excluding gifts described in Section 176-003(a.-1 ). 71 Signature of vendor doing business with the governmental entity pate Form provided by Tmas Ethics Commission wrm. athi cs.stata.lz. u s Re Ased 11113021 ITB 23-0056 City Equipment and Vehicle Towing Services Page 24 of 32 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governnnental entity A complete copy of Chapter 176 of the Local Government Cade may be found at http Awww.statutes_legis_state_tx_us! Docs+L +htm+LCL 176.htm. For easy reference, below are some of the sections cited on this farm. Local Government Code Q 176.001(1-a): "Business relationship" means a connection between two or more parties based on commeroia avtivity ofone of the parties. The term does not include a connection based on: (A) atransaction that is subject to rate or fee regulation by afederal, state, or local governmental entity or an agency of afederal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a pu rchase or lease of goads or services from a person that is ch artered by a state or federal agency and that is subject to regular exam i nation by, and reporting to, that agency. Local Government Code 4176A03(a)(2)(A) and (B): {a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor: (A) has an em ployment or other business relation ship 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 irrrestment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware th at (i) a contract between the local govern mental 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 orafamily memberofthe off ioerone ormore 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 (i i) the local governmental entity is considering entering into a contract with the vendor_ Local Government Code § 176.006(a) and (a-1I f a) A vendor shal I 1 ile a compl eted confI ict of i nterest questia nnaire if the vendor has a bus iness rel ationshi p with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a fam ily member of the officer, desori bed by Section 176_00ja)(2) (A); (2) h as given a local government officer of that I oval govern mental 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 govemmental entity_ {a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application. response to arequest 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 kcal government officer, or a family member of the officer, described by Subsection (a); (B) that the ven dor has given one or mare gifts described by Subsection (a); or (C) of a family relationship with a local government officer_ Farm provided by Texas Ethics CammISSIDn www.othics.state.lx.us Revised 111fi2021 ITB 23-0056 City Equipment and Vehicle Towing Services Page 25 of 32 ATTACHMENT - B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. Do you have a Fort Worth office? If yes, identify address: What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. Number of Fort Worth resident -employees? Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly - established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Date) (Signature) (Printed Name and Title) ITB 23-0056 City Equipment and Vehicle Towing Services Page 26 of 32 ATTACHMENT C —VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons to contact when requesting services or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes no Signature Printed Name Date ITB 23-0056 City Equipment and Vehicle Towing Services Page 27 of 32 ATTACHMENT D REFERENCE SHEET Please complete and return this form with your bid. The Vendor shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number Email ITB 23-0056 City Equipment and Vehicle Towing Services Page 28 of 32 75023 ATTACHMENT E MAP Map of Zones with Zip Code overlay 76226 76078 I 76747 75077 75022 175028 .-�.... 76262 76071 76052 76177 76092 761351 76244 76248 50 0 76020 76178 j N n 176131 76034 76122 75148 75261 - _ •-- 76137 76039 750 ', eti,• K - 76821 750 -�. 76180 76054 76135 . f` Y �76022 750 76040 _ 'S 761Q6 76053 — — T5117 76155 - _ a, _ 76118 7G1D8 a 76114 78164 76111 76D06 75050 76127 L . East _ ... 76120 76612 _Y 76102 76103 76112 76011 -° 76107 en 79104 76116 West 76105 76013 76010 750' 76008 76729 7611 0 •'�"I - 7GI09 76149 ��. 76016 76015 76014 J 761�22 76115 761325 76017 76018 751357 76133 - . I _ mo. 76134 76126 s; th 76001 �'• 76002 ..�.. 75054 `I 7603 - 76063 75A1 76035 P6028 76044 7$036 76058 _ 76009 f 76084 76065 ITB 23-0056 City Equipment and Vehicle Towing Services Page 29 of 32 ATTACHMENT F — DRAFT VENDOR SERVICE AGREEMENT The draft service agreement is attached as a separate document. ITB 23-0056 City Equipment and Vehicle Towing Services Page 30 of 32 ATTACHMENT G — 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? 1. Does your firm have a minimum of three (3) years of experience providing towing services? YesF7 No 4. Are you able to pick up City equipment and vehicles within 24 hours? Yes � No 5. Please list the number of tow trucks available 24 hours a day by type (If more than one area indicate for each) Light Duty Wrecker: Heavy Duty Wrecker: Light Duty Flatbed Wrecker: Heavy Duty Flatbed Wrecker: Lowboy Tractor Trailer: TOTAL NUMBER OF TRUCKS AVAILABLE 24 Hrs: TOTAL NUMBER OF CLASS A TRUCKS TOTAL NUMBER OF CLASS B TRUCKS 6. Explain the availability of licensed tow truck operators during a 24 hour period ITB 23-0056 City Equipment and Vehicle Towing Services Page 31 of 32 ATTACHMENT H DOCUMENTATION CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents Document Attached? Page Number(s) of Bid Response Yes No *Bidder will need to number their bid response in ink* A completed and signed Bid Submission Signature Page A completed Price Submittal Evidence duly qualified to fulfill and abide by the requirements listed in the bid. Bidder's background, number of years in business. 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 D — Reference Sheet Attachment G - 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 23-0056 City Equipment and Vehicle Towing Services Page 32 of 32 EXHIBIT D VENDOR'S BID RESPONSE TO CITY'S ITB No. 23-0056 (Vendor's Bid Response to City's ITB No. 23-0056, Pages follow) Vendor Services Agreement FORT WORTH COVER PAGE Event ID Page Invited: EVENT DETAILS CFW01-23-0056 1 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name I FINANCE - City Hall Purchasing City Equipment and Vehicle Towing Services 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 04/16/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids to finalize an Agreement for City Equipment and Vehicle Towing Services 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: Charles Benson Pre -Bid Conference: A pre -bid conference will be held in person and via Webex on Monday, April 24, 2023, at 2:OOPM — 3:OOPM (Local Time). Attendance at pre -bid conferences is not mandatory but strongly encouraged. In -Person Development Conference Room LL1201. Located on the North end of City Hall lower level by the elevators City of Fort Worth, City Hall 200 Texas Street Fort Worth, TX 76102 Webex Meeting Phone Number: 1-469-210-7159 Meeting number (access code): 2556 985 4729 Meeting Password: MbJSNdna693 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m2Oaf43ce4ea98dbl5c5f52a57fOdfb5d 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., May 4, 2023, 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 Sr. 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. 23-0056 "City Equipment and Vehicle Towing Services" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, If the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/ specifications contained in this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date. Cover Page Bid Submission Signature Page** Price Submittal*" 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 - Reference Sheet Attachment E - Map Attachment F - Draft Vendor Service Agreement, attached as a separate document Attachment G - Vendor Qualification Questionnaire** Attachment H - 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. ITB 23-0056 City Equipment and Vehicle Towing Services Page 1 of 32 FORTWORTHtt BID SUBMISSION SIGNATURE PAGE Event ID Pageinviter!: EVENT DETAILS CFW01-23-0056 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE -City Hall Purchasing Citv Eauinment and Vehicle Towinq Services 200 Texas St. (Lower Level Rm 1500) 1 Start Time Finish Time Fort Worth TX 76102-6314 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT 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: Texas Towing Wrecker Service, Inc Company Address: 205 S Commercial St. City, State, Zip: Fort Worth, TX 76107 Vendor Registration No.: 24500 Printed Name of Officer or Authorized Representative: Jerry Clay, Jr. Title: President Signature of Officer or Authorized Representativ Date: April 18, 2023 Email Address: jerryclayjr@aol.com Phone Number: (817) 946-5089 Federal Identification Number (FID): 75-2339080 Will agreement be available for Cooperative Agreement use`? Yes V No (' See Section 22.0, "Cooperative Purchasing" of Part 1, "Instructions") ITB 23-0056 City Equipment and Vehicle Towing Services Page 2 of 32 l FORT WORTH. PRICE SUBMITTAL Event ID Page! CFWO1-23-0056 3' Event Round Version 1 1 Event Name City Eauioment and Vehicle Towinq Services Start Time Finish Time 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT Line Details Line: 1 Invited: EVENT DETAILS Submit To: City of Fart 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 Description: Qtv Unit UnitPrice Total Class A service within 30 miles 2145.00 FA 175.00 375,375.00 Line: 2 Description: Qtv Unit UnitPrice Total Class A service exceeding 30 miles 75.00 EA _ 2.35 176.25 Line: 3 Description: Qtv Unit UnitPrice Total Class A additional labor charges. Shall not include travel time, waiting time, cleanup 23.00 HR time and other items until the 30 minutes of extra work included in tows 140.00 3,220.00 all expires Line: 4 Description: Qtv Unit UnitPrice Total Class B service within 30 miles 555.00 EA 175.00 197,125.00 Line: 5 Description: Qtv Unit UnitPrice Total Class B service exceeding 30 miles 90.00 EA 2.35 211.50 Line: 6 Description: Qtv Unit UnitPrice Total Class B additional labor charges. Shall not include travel time, waiting time, cleanup 38.00 HR time and other items until the 45 minutes of extra work included in tows 140.00 5,320.00 all expires Line: 7 Description: Qtv Unit UnitPrice Total Class C service within 30 miles 195.00 EA 425.00 ! 82,875.00 Line: 8 Description: Qtv Unit UnitPrice Total Class C service exceeding 30 miles 68.00 EA 3.40 231.20 ITB 23-0056 City Equipment and Vehicle Towing Services Page 3 of 32 FORT WORTH PRICE SUBMITTAL EventlD Page CFWO1-23-0056 4 Event Round Version l 1 Event Name Citv EauiiDment and Vehicle TOwincr Services Start Time Finish Time 04/18/2023 15:30:00 CDT 05/04/2023 13:30:00 CDT Invited: 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 Line: 9 Description: Qtv Unit UnitPrice Total Class C additional labor charges. Shall not include travel time, waiting time, cleanup 53.00 HR time and other items until the 60 minutes of 80.00 9,540.00 extra work included in all tows expires Line: 10 Description: _ _ Qtv Unit UnitPrice Total Trailer service to transport vehicles and _ equipment up to 85,000 pounds within 30 miles, up to and including 60 minutes of 225.00 EA extra work in all tows. Excludes vehicles that can be towed under lines 1 through 6 of 850.00 . 191,250.00: this bid. Line: 11 Description: Qtv_ Unit UnitPrice Total Trailer service to transport vehicles and _ _ _ equipment up to 85,000 pounds exceeding 30 miles, up to and including 60 minutes of 68.00 EA extra work in all tows. Excludes vehicles 5.00 340.00 that can be towed under lines 1 through 6 of this bid. Total Bid Amount: 765,663.95 Prompt Payment Discount Terms: 0 Percent 0 Days (i.e. 3% Net 15, etc.) A bid of "O" 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 23-0056 City Equipment and Vehicle Towing Services Page 4 of 32 ��5� 3 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th leg., Regular Session. OFFICEUSEQNLY This questionnaire is being filed in a=rdance with Chapter 17fi. Loral Government Code, by a vendor who Late d has a business relationship as defined by Section 176.001(1-a) with a local gwemmental 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 71h business day after the date the vendor bammes aware of facts that require the sta€emend to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowiagly violates Section 176.096, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Texas Towing Wrecker Service, inc. J Check this box Ityou are fikng 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.) J Name of local government officer about whom the information is being disclosed. NIA Name of Officer J Describe each employment or other business relationship with the local govemment officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationshlp with the local government 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 otficor or a family member of the officer receiving or likely to receive taxabla income. other than investment income. from the vendor? Yes FV ]No B. Is the vondnr receiving or I iketyto receive taxable income, other than irn+estment 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 F7V No ?J 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 or* percent or more. NIA ❑ Check this box if the vendor has given the local govemment officer or a family member of the officer one or more gifts as descnbed in Section 176A03(a)(2)(6), excluding gifts described in Section 176.003(a-1). J c Aril 18, 2023 e of v it doing 3wsiness wdh the governmental entity Lyre Form provided by Texai�fthics Commission www.ethics.state.tx.us Rzvi-sed 111f202' ITB 23-005B City Equipment and Vehicle Towing Services Page 24 of 32 Pam 4 ATTACHMENT - B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. Do you have a Fort Worth office? If yes, identify address: 205 S Commercial St. Fort Worth. TX 76107 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%] 100% 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident -employees? 17 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)? $ 42.761.45 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. Texas Towina Wrecker 15ervice. Inc. (Company NorgK re) / Anril 18_ ZQ23 (Date) Jerry Clay, Jr. President (Printed Name and Title) ITS 23-0056 City Equipment and Vehicle Towing Services Page 26 of 32 ��Ot� ATTACHMENT C — VENDOR CONTACT INFORMATION Vendor's Name: Texas Towing Wrecker Service, Inc. Vendor's Local Address: 205 S Commercial St. Phone: (817) 877- 0206 Fax: (817) 877-4870 Email: dispatch@texastowinginc.com Name of persons to contact when requesting services or billing questions: NamelTitle Denise Wright / Accounting Phone: (817) 336 - 2274 Fax: (817) 336 - 2030 Email: denisew@texastowinginc.com Namef itle Jerry Clay, Jr. President Phone: (817) 946-5089 Email: ierryclayjr@aol.com Name/TitleJames Clay, Secretary & Treasurer Phone: (817) 897- 5462 Email: jimclay@texastowinginc.com Will your company accept P-card payments? dyes 1 Jerry Clay, Jr. ature Printed Name __� Fax: (817) 877- 4870 Fax: (817) 336 - 2030 no April 18, 2023 Date ITB 23-0056 City Equipment and Vehicle Towing Services Page 27 of 32 & ATTACHMENT D REFERENCE SHEET Please complete and return this form with your bid. The Vendor shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email City of Lake Worth, Texas J.T. Manoushaciian Police Chief 3805 Adam Grubb Lake Worth, TX 76135 (817 ) 237-1224 Fax Number ( 817 ) 237-2180 jmanoushagian@lakeworthtx.org City of White Settlement, Texas Christopher Cook Director of Public SafetvlChief of Police 214 Meadow Park Drive White Settlement. TX 76108 (817 ) 246-4971 Fax Number ccook@wspd.us City of Azle Fire Department Will Scott Fire Chief 900 Lakeview Dr. Azle. TX 76098 (817 ) 444.7108 Fax Number Tscott(dcitvofazle. orq ITB 23-0056 City Equipment and Vehicle Towing Services Page 28 of 32 ?c'-5c- --� ATTACHMENT G —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? 1989 2. How many years has your organization been in business under its present name? 34 a. List any former names your organization has operated under and the timeframe(s). None 3. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation? No Does your firm have a minimum of three (3) years of experience providing towing services? Yes F-1 No 4. Are you able to pickup City equipment and vehicles within 24 hours? Yes 71 No 5. Please list the number of tow trucks available 24 hours a day by type (If more than one area indicate for each) Light Duty Wrecker: 3 Heavy Duty Wrecker: 9 Light Duty Flatbed Wrecker: 14 Heavy Duty Flatbed Wrecker: 3 Lowboy Tractor Trailer: 4 TOTAL NUMBER OF TRUCKS AVAILABLE 24 Hrs: 33 TOTAL NUMBER OF CLASS A TRUCKS 15 TOTAL NUMBER OF CLASS B TRUCKS 4 6. Explain the availability of licensed tow truck operators during a 24 hour period Texas Towing typicaly has the same amount of licensed operators as trucks. Normal employee turnover wiii ieave us snort nanaeo at alfferent times or the year, at wnicn time one or our aispatchers and both company officers are licensed to operate anything Texas Towing owns. We rotate three teams to cover the 24-7 schedule needed to fulfill this contract. ITB 23-0056 City Equipment and Vehicle Towing Services Page 31 of 32 TEXAS DEPARTMENT OF LICENSING AND\REGULATION TOW TRUCK CERTIFICATE OF REGISTRATION Certificate of Registration No: 005032139C Expiration Date:1013112023 TEXAS TOWING WRECKER SERVICE, INC. 205 COMMERCIAL ST FT WORTH TX 76107 Having fulfilled the application requirements of the Texas Department of Licensing and Regulation (TDLR) relating to the registration of tow trucks, this Certificate of Registration is hereby granted to: TEXAS TOWING WRECKER SERVICE, INC. 205 COMMERCIAL ST FT WORTH TX 76107 This Certificate of Registration is no transferable. VOID IF ALTERED Date Printed: 05/02/2023 Pc-t!5�� 0� Cab Card for Certificate M 005032139C TEXAS TOWING WRECKER SERVICE, INC. TEXAS TOWING WRECKER SERVICE, INC. 205 COMMERCIAL ST 205 COMMERCIAL ST FT WORTH TX 76107 FT WORTH TX 76107 Seq # Unit # Make Model YR VIN Expires 1 49 FORD 2006 1FDAF57PX6ED51945 10/31/2023 Permit #: TDLR00050321390021M Purpose: Incident Management Type: Light Duty 2 26 MACK 1999 1M2AA18Y6XW092400 10/31/2023 Permit #: TDLR00050321390111M Purpose: Incident Management Type: Heavy Duty 3 50 KENWORTH 2O08 1XKDP4EX18J214936 10/31/2023 Permit #: TDLR00050321390151M Purpose: Incident Management Type: Heavy Duty 4 58 KENWORTH 2O12 1XKDP4EX5CJ329029 10/31/2023 Permit M TDLR00050321390221M Purpose: Incident Management Type: Heavy Duty 5 61 FREIGHTLINER 2007 1 FLIJA6DEX7DY86995 10/31/2023 Permit M TDLR00050321390241M Purpose: Incident Management Type: Heavy Duty 6 69 PETERBILT 2015 1 NPXGGGG1 OD306342 10/31/2023 Permit M TDLR0005032139031 IM Purpose: Incident Management Type: Heavy Duty 7 72 KENWORTH 2O17 2NKHHM6X2HM159283 10/31/2023 Permit #: TDLR00050321390341M Purpose: Incident Management Type: Light Duty 8 73 KENWORTH 2O17 2NKHHM6X4HM172942 10/31/2023 Permit M TDLR00050321390351M Purpose: Incident Management Type: Light Duty 9 74 KENWORTH 2O18 2NKHHM6X1JM185637 10/31/2023 Permit M TDLR00050321390361M Purpose: Incident Management Type: Light Duty 10 75 FREIGHTLINER 2017 3ALACWDTXHDJG6791 10/31/2023 Permit M TDLR00050321390371M Purpose: Incident Management Type: Light Duty 11 80 KENWORTH 2O19 2NKHHM6X4KM246061 10/31/2023 Permit M TDLR00050321390401M Purpose: Incident Management Type: Light Duty 12 81 PETERBILT 2019 1 NPXL49X5KD630355 10/31/2023 Permit M TDLR0005032139041 IM Purpose: Incident Management Type: Heavy Duty 13 82 FREIGHTLINER 2020 1FVACWFC1LHKX3961 10/31/2023 Permit M TDLR00050321390421M Purpose: Incident Management Type: Light Duty 14 83 PETERBILT 2019 2NP2HJ7X9LM612532 10/31/2023 Permit M TDLR00050321390431M Purpose: Incident Management Type. Heavy Duty 15 84 PETERBILT 2020 1 NPXL40X5LD632928 10/31/2023 Permit #: TDLR00050321390441M Purpose: Incident Management Type: Heavy Duty 16 85 FREIGHTLINER 2020 1 FVACWFC1 LHLD3751 10131/2023 Permit M TDLR00050321390451M Purpose: Incident Management Type: Light Duty (VOID IF ALTERED) This card signifies that the Tow Truck Company has fulfilled the registration requirements of Chapter 86 as of the date this cab card was issued. To receive the current status of registration or insurance coverage, please call TDLR Customer Service at 1-800-803-9202. The original Cab Card must be retained in the Tow Truck Company principle place of business. Acopyof the page that identifies (by highlightng) the vehicle being operated must be placed in the cab of the identified tow truck Date Printed: 5/2/2023 Page 1 of 2 tb, Cab Card for Certificate #: 005032139C TEXAS TOWING WRECKER SERVICE, INC. TEXAS TOWING WRECKER SERVICE, INC. 205 COMMERCIAL ST 205 COMMERCIAL ST FT WORTH TX 76107 FT WORTH TX 76107 Seq # Unit # Make Model YR VIH Expires 17 86 KENWORTH 2O20 1 NKZX4TX1 LJ387125 10/31/2023 Permit #: TDLR00050321390461M Purpose: Incident Management Type: Heavy Duty 18 88 KENWORTH 2O21 1 XKZD49XXMJ460306 10/31/2023 Permit M TDLR00050321390471M Purpose: Incident Management Type: Heavy Duty 19 89 KENWORTH 2O21 1XKWD49X2MR461101 10/31/2023 Permit #: TDLR00050321390481M Purpose: Incident Management Type: Heavy Duty 20 90 KENWORTH 2O21 1 NKZL49X4MJ452375 10/31/2023 Permit #: TDLR00050321390491M Purpose: Incident Management Type: Heavy Duty 21 91 KENWORTH 2O22 1NKZL40X3NJ484622 10/31/2023 Permit #: TDLR00050321390501M Purpose: Incident Management Type: Heavy Duty 22 92 INTERNATIONAL 2023 3HAEUMML3PL587213 10/31/2023 Permit #: TDLR00050321390511M Purpose: Incident Management Type: Light Duty 23 93 FREIGHTLINER 2023 1FVACWFC3PHUC8690 10/31/2023 Permit M TDLR00050321390521M Purpose: Incident Management Type. Light Duty 24 94 FREIGHTLINER 2023 1FVACWFCXPHUC8718 10/31/2023 Permit #: TDLR00050321390531M Purpose: Incident Management Type: Light Duty 25 95 KENWORTH 2O23 1NKZL40X9PJ263111 10/31/2023 Permit #. TDLR0005032139054[M Purpose: Incident Management Type: Heavy Duty 26 96 PETERBILT 2023 1NPCL49XOPD870953 10/31/2023 Permit #: TDLR0005032139055[M Purpose: Incident Management Type: Heavy Duty (VOID IF ALTERED) This card signifies that the Tow Truck Company has fulfilled the registration requirements of Chapter 86 as of the date this cab card was issued. To receive the current status of registration or insurance omerage, please cal I TDLR Customer Service at 1-800-803-9202. The original Cab Card must be retained in the Tow Truck Company principle place of business. Acopy of the page that identifies (by highlighting) the vehide being operated must be placed in the cab of the identified tow truck Date Printed: 5/212023 Page 2 of 2 pc'-ge- `� , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contact between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) a�� 13 04/21/2023 To Whom it may concern, For most of my 17 year career at the City of Fort Worth, Jim Clay and Texas Towing have exclusively handled the towing needs of the Fort Worth Fire Department. They are prompt, professional, and have the ability to move the largest of fire apparatus that we have. Texas Towing keeps a Landoll trailer, along with heavy rotators and other specialty equipment available to us at a moment's notice. Their operators are extremely skilled and knowledgeable regarding all aspects of recovery and transport. I cannot stress how strongly I believe that their services are needed by our department and the City as a whole. Please feel free to contact me with any questions Respectfully Jeff Morris Fort Worth Fire Department Fire Vehicle Services Crewleader 2920 West Bolt Street Fort Worth Texas, 76110 817-392-3490 Mobile-817-584-4130 pc�-� I LA FORTWORTH. ADDENDUM TO INVITATION TO BID 23-0056 CITY EQUIPMENT AND VEHICLE TOWING SERVICES PURCHASING DIVISION ADDENDUM NO. 1 INVITATION TO BID (ITB) 23-0056 ITB SUBMISSION DATE: May 4, 2023 (Unchanged) DATE ISSUED: APRIL, 28, 2023 ITB No. 23-0056, issued April 18, 2023, is hereby amended as follows: 1. Page one, Cover Page to be read as: Attachment E — Vendor Service Agreement, attached as separate document 2. Page one, Cover Page to be read as: Attachment F — Map 3. Page twenty-nine, Attachment E — Map to be read as: Attachment F — Map 4. Page thirty, Attachment F -- Draft Vendor Service Agreement to be read as: Attachment E — Draft Vendor Service Agreement All other terms and conditions remain unchanged Charles Benson BUYER ............................................................................... By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced RFQt. COMPANY NAME: Texas Tg+kr9_'_1Vr ice, Inc. SIGNATURE: NOTE: Company and sign re must be the same as on the original bid documents. Failure to return this form wi your seale bid may constitute grounds for rejection of your offer. ITB 23-0056 City Equipment and Vehicle Towing Services Addendum No. 1 PGS� \s ATTACHMENT H DOCUMENTATION CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Document Attached? Page Number(s) of Bid Re nonce Yes/No *Bidder will need to number their bid response in ink* A completed and signed Bid 1 Submission Signature Page Yes A completed Price Submittal Yes 2-3 Evidence duly qualified to fulfill and abide by the requirements listed in the Yes 8-14 bid. Bidder's background, number of years in business. Yes 8 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 D — Reference Sheet Attachment G - A completed Vendor's Qualification Questionnaire Any addendums sent out after the release of the bid Scanned Copy of all required documents Yes 4 Yes 5 Yes I 6 Yes 7 Yes 8 Yes 15 Separate USB Drive with password Yes included if necessary ITB 23-0056 City Equipment and Vehicle Towing Services Page 32 of 32 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: James Clay Position: Sec & Tres Signature 2. Name: Position: Signature Name: Position: Signature Name: Jerry Clay, Jr. /2Z7- Signature of President / CEO Other Title: Date: June 13, 2023 Vendor Services Agreement 6/14/23, 9:45 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTH REFERENCE **M&C 23- 13P ITB 23-0056 CITY EQUIP DATE: 6/13/2023 NO.: 0448 LOG NAME: AND VEHICLE TOWING SERVICES PMD CB CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of a Purchase Agreement with Texas Towing Wrecker Service, Inc. for City Equipment and Vehicle Towing Services for the Property Management Department in an Annual Amount Up to $765,663.00 and Authorize Four One -Year Renewals for the Same Annual Amount RECOMMENDATION: It is recommended that City Council authorize execution of a purchase agreement with Texas Towing Wrecker Service, Inc. for City equipment and vehicle towing services for the Property Management department in an annual amount up to $765,663.00 and authorize four, one-year renewals for the same annual amount. DISCUSSION: The Property Management Department approached the Purchasing Division for assistance with securing an agreement for towing services on an as -needed basis. The proposed agreement is for City equipment and vehicle towing services. Purchasing issued an Invitation to Bid (ITB) that consisted of detailed specifications regarding the class of equipment and vehicles that may need to be towed and towing equipment required to tow City equipment and vehicles. The ITB was advertised in the Fort Worth Star -Telegram on April 19, 2023, April 26, 2023, and May 3, 2023. The City received one response. An evaluation panel consisting of representatives from the Property Management and Park and Recreation Departments reviewed and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidder Texas Towing Wrecker Service, Inc. Best Value Criteria: a. Contractor's ability to provide service (equipment) b. Contractor's ability to provide service (personnel) c. Cost of Service Evaluation Factors a b c Total Score 13.33 12.50 50.00 75.83 After evaluation, the panel concluded that Texas Towing Wrecker Service, Inc. presents the best value. Therefore, the panel recommends that Council authorize an agreement with Texas Towing Wrecker Service, Inc. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor's bid met specifications. Approval of this M&C authorizes the City to spend up to $765,663.00 per year with Texas Towing Wrecker Service, Inc. for City equipment and vehicle towing services. FUNDING: The maximum amount allowed under this agreement for the initial term will be $765,663.00, however, the actual usage in any term can be up to the authorized amount and will be apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31076&cou nciIdate=6/13/2023 1 /2 6/14/23, 9:45 AM M&C Review dependent on the need of the department and available budget. Funding is budgeted in the Fleet Service Outside Repair & Maintenance account of the Property Management Department's Fleet & Equipment Service Fund, as appropriated. DVIN-BE: 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 terms. 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 ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Fleet & Equipment Sery Fund. Prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity ID ID FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program , Activity Budget Reference # Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Dana Burghdoff (8018) Reginald Zeno (8517) Steve Cook (5134) Jo Ann Gunn (8525) Charles Benson (8063) 1295 Texas Towina Wrecker Service. Inc..pdf (CFW Internal) 13P ITB 23-0056 CITY EQUIP AND VEHICLE TOWING SERVICES PMD CB funds availabilitv.pdf (CFW Internal) Bid Tab ITB 23-0056.pna, (CFW Internal) Copv of FID TABLE for Texas Towina.xlsx (CFW Internal) MWBE Waiver.pdf (CFW Internal) SAMs 5.16.23.pnq (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31076&cou nciIdate=6/13/2023 2/2