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Home My WebLink About47-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 47-25 File Number: 2025-61 QUALITY COLLISION & BRUCKNER'S TRUCK AND EQUIPMENT (SERVICE CONTRACTS): A RESOLUTION TO AWARD RFP 24-13 AND AUTHORIZE ONE YEAR CONTRACTS WITH ROY LOVELL DBA QUALITY COLLISION OF FAYETTEVILLE AND BRUCKNER'S TRUCK AND EQUIPMENT OF LOWELL FOR COLLISION REPAIR SERVICES, WITH AUTOMATIC RENEWALS FOR FOUR ADDITIONAL ONE YEAR TERMS WHEREAS, the City issued RFP 24-13 seeking the best pricing for the repair of body damage to City vehicles; and WHEREAS, the City received two submittals, one from Quality Collision which can perform repairs on light automotive up to medium duty vehicles and one from Bruckner Truck and Equipment which specializes in heavy trucks and fire apparatus; and WHEREAS, the selection committee recommended contracting with both businesses to cover all the needs of the City's diverse fleet NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 24-13 and authorizes one year contracts with Roy Lovell DBA Quality Collision of Fayetteville and Bruckner's Truck and Equipment of Lowell for collision repair services for the rates set forth in Appendix B of each contract, with automatic renewals for four additional one year terms. PASSED and APPROVED on February 4, 2025 Approved: Attest: V U �za T cv,�i✓n W Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 1 CITY OF CITY COUNCIL MEMO FAYETTEVILLE ARKANSAS 2025-61 MEETING OF FEBRUARY 4, 2025 TO: Mayor Rawn and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent SUBJECT: APPROVAL OF (2) COLLISION REPAIR SERVICE CONTRACTS RECOMMENDATION: CITY COUNCIL TO AWARD RFP 24-13 TO ROY LOVELL DBA QUALITY COLLISION OF FAYETTEVILLE ARKANSAS AND BRUCKNER'S TRUCK AND EQUIPMENT OF LOWELL ARKANSAS FOR COLLISION REPAIR SERVICES. BACKGROUND: In order to get the best pricing for body damage on City vehicles, RFP 24-13 was put out on October 6th, 2024. The RFP was solicited to lock in pricing and define the general repair needs of the city. DISCUSSION: The City received (2) submittals for RFP 24-13, one from Quality Collision who can perform repairs on light automotive up to medium duty vehicles and secondly Bruckner Truck and Equipment who specialize in Heavy truck and Fire apparatus. The selection committee was in agreement to enter into a contract with both businesses to cover all the needs of our diverse fleet. Fleet recommends approval of both contracts. BUDGET/STAFF IMPACT: Estimated repair costs have been budgeted within Fleet Operations annual operating budget. ATTACHMENTS: SRF (#3) , Contract - RFP 24-13 Bodywork Repairs Quality Collision 011725 (#4), RFP 24- 13, Appendix B - Quality's Submittal (#5), RFP 24-13 Appendix C - COI - Quality Collision 011725 (#6), Contract - Body Shop RFP 24-13 Bruckner's Truck (#7), RFP 24-13, Appendix B - Bruckner's Submittal (#8), RFP 24-13, Appendix C - COI - Bruckner Truck Sales, Inc. - Exp 07.01.25 (#9), RFP 24-13, Appendix A - City Issued RFP (#10) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-61 APPROVAL OF (2) COLLISION REPAIR SERVICE CONTRACTS A RESOLUTION TO AWARD RFP 24-13 AND AUTHORIZE ONE YEAR CONTRACTS WITH ROY LOVELL DBA QUALITY COLLISION OF FAYETTEVILLE AND BRUCKNER'S TRUCK AND EQUIPMENT OF LOWELL FOR COLLISION REPAIR SERVICES, WITH AUTOMATIC RENEWALS FOR FOUR ADDITIONAL ONE YEAR TERMS WHEREAS, the City issued RFP 24-13 seeking the best pricing for the repair of body damage to City vehicles; and WHEREAS, the City received two submittals, one from Quality Collision which can perform repairs on light automotive up to medium duty vehicles and one from Bruckner Truck and Equipment which specializes in heavy trucks and fire apparatus; and WHEREAS, the selection committee recommended contracting with both businesses to cover all the needs of the City's diverse fleet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 24-13 and authorizes one year contracts with Roy Lovell DBA Quality Collision of Fayetteville and Bruckner's Truck and Equipment of Lowell for collision repair services for the rates set forth in Appendix B of each contract, with automatic renewals for four additional one year terms. Page 1 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2025-61 Item ID 2/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/10/2025 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: CITY COUNCIL TO AWARD RFP 24-13 TO QUALITY COLLISION OF FAYETTEVILLE ARKANSAS AND BRUCKNER'S TRUCK AND EQUIPMENT OF LOWELL ARKANSAS FOR A COLLISION REPAIR SERVICE CONTRACT. 9700.770.1910-5315.00 Account Number Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fleet Operations - Contract Services Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title $ 377,100.00 $ 45,600.00 331,500.00 e. 331,500.00 Previous Ordinance or Resolution # Approval Date: V20221130 CITY Or City of Fayetteville FAYETTEVILL■ RFP 24-13, Collision Repair Services ANKAN"All Contract — Between City of Fayetteville, AR and Roy Lovell dba Quality Collision Repair This contract executed this 4 day of February 2025, between the City of Fayetteville, Arkansas (CITY), of 113 W. Mountain, Fayetteville, AR 72701 and Roy Lovell dba Quality Collision Repair (Lovell) of 1414 S. Happy Hollow Rd., Fayetteville, AR 72701, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purpose: The purpose of this Contract is to provide the terms and conditions necessary for the Collision Repair Services for the City of Fayetteville (the "Project"), as defined in the scope of work of RFP 24-13, Collision Repair Services. 2. Contract Documents: The Contract documents which comprise the contract between the City of Fayetteville and Lovell consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: CITY Issued Solicitation for RFP 24-13, Collision Repair Services b. Appendix B: Roy Lovell dba Quality Collision Repair's RFP Submittal c. Appendix C: Roy Lovell dba Quality Collision Repair's Certificate of Insurance 3. City s Responsibilities: a. The City shall make available to Lovell, all relevant information or data it has pertinent to the Project which is required by Lovell to perform the Services. Lovell shall be entitled to rely upon the accuracy and completeness of all information and data furnished by the City, including information and data originating with other consultants employed by the City whether such consultants are engaged at the request of Lovell or otherwise. b. When requested by Lovell, the City may engage specialist consultants directly to perform items of work necessary to enable Lovell to carry out the Services. Whether arranged by the City or Lovell, these services shall be deemed to be provided under direct contracts to the City unless expressly provided otherwise. If the City chooses not to engage specialist consultants, then the Parties will work cooperatively to modify the scope of services to reflect any reductions or additions to the services to be provided by Lovell. c. The City shall give prompt consideration to all documentation related to the Project prepared by Lovell and whenever prompt action is necessary shall inform Lovell of City's decisions in such reasonable time so as not to delay the schedule for providing the Services. d. The City of Fayetteville's Fleet Operations Superintendent is the project representative with respect to the services to be performed under this Agreement. The Fleet Operations Superintendent shall have complete authority to transmit instructions, receive information, City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Roy Lovell dba Quality Collision Repair Page 1 of 6 interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4. QUALITY'S Responsibilities: a. Lovell shall furnish the necessary qualified personnel to provide the Services. Lovell represents that it has access to the experience and capability necessary to and agrees to perform the Services with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services at the time when and the location in which the Services were performed. This undertaking does not imply or guarantee a perfect Project and in the event of failure or partial failure of the product or the Services, Lovell will be liable only for its failure to exercise diligence, reasonable care, and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure Lovell 's performance. There are no other representations or warranties expressed or implied made by Lovell. 5. Non -Assignment: Lovell shall not assign its duties under the terms of this agreement without prior written consent of the City. 6. Indemnification and Hold Harmless: a. Lovell agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, but not defend, against any and all claims for property damage, personal injury or death, arising from Lovell's performance under this contract. This clause shall not, in any form or manner, be construed to waive that tort immunity set forth under Arkansas Law. b. Notwithstanding anything to the contrary, the total amount of all claims the City of Fayetteville may have against Lovell under this contract or arising from the performance or non- performance of the services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall not exceed $500,000. As the City of Fayetteville's sole and exclusive remedy under this contract any claim, demand or suit shall be directed and/or asserted only against Lovell and not against any of Lovell's employees, officers or directors. Neither the City of Fayetteville nor Lovell shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this contract or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Roy Lovell dba Quality Collision Repair Page 2 of 6 7. Insurance: a. Lovell shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract in compliance with the terms of RFP 24-13. If applicable, Lovell shall require any subcontractor to provide insurance. In the event any employee engaged in work on the project under this contract is not protected under Worker's Compensation insurance, Lovell shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of their employees are not otherwise protected. Worker's Compensation coverage shall be applicable with state law. i. Lovell shall carry the following coverages, at minimum: 1. Worker's Compensation Insurance —Statutory Amount 2. Automotive Insurance covering all vehicles and trailers, if applicable 3. General Liability - $1,000,000 each occurrence, $3,000,000 aggregate ii. Certificates of Insurance shall list the City of Fayetteville as an additional insured. Listing the CITY as a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the City of Fayetteville listed as an additional insured. 8. Price: a. Lovell shall perform the services included in this proposal, over the length of 5 years, using the fee breakdown for services and purchases as identified in Appendix B. i. Additional services requested that fall outside the scope of this project shall be provided on a time -and -materials basis, subject to pre -approval. 9. Payments: a. Payments shall be made after approval and acceptance of each itemized invoice, which shall not be unreasonably withheld. b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of invoice. Electronic delivery to the City is preferred. 10. Terms: This contract shall be effective for one (1) year from City Council approval and shall be automatically renewable for up to four (4) annual, automatic renewals for a possible contract term of five (5) years. 11. Ownershir) of Documents: a. All documents provided by the City are and remain the property of the City. Lovell may retain reproduced copies of drawings and copies of other documents. City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Roy Lovell dba Quality Collision Repair Page 3 of 6 b. All documents and records, whether in physical or electronic format, prepared by Lovell or its subconsultant as part of the Project shall become the property of City; provided, however, that Lovell shall have the unrestricted right to their use. c. Lovell shall retain its rights in its standard document details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Lovell. d. Lovell will grant the City, the State of Arkansas, and the United States of America a royalty -free, non- exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 12. Independent Contractor: Lovell is an independent contractor of the City and shall maintain complete responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social security, or other industrial, labor or discrimination law for its employees. Lovell is responsible for its agents, sub -consultants, methods, and operations. 13. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed), or overnight courier. 14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 15. Termination: This Contract may be terminated by the City of Fayetteville or Lovell for any reason with thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination of this agreement, the City shall pay Lovell for the services performed through the date of termination within thirty (30) days of acceptance of final invoice. 16. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Roy Lovell dba Quality Collision Repair Page 4 of 6 binding unless made in writing and executed by both parties. 17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 18. Contract Administration: The Mayor or their Designated Representative shall be the Contract Administrator for this contract. Lovell's Principal or their Designated Representative shall be the primary contact for all matters pertaining to this contract. 19. Professional Responsibility: Lovell shall exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. 20. Permits & Licenses: Lovell shall secure and maintain any and all permits and licenses required to complete this Contract. 21. Publications: Recognizing the importance of professional development on the part of Lovell's employees and the importance of Lovell's public relations Lovell may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Lovell's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Lovell. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of Lovell's activities pertaining to any such publication shall be for Lovell's account. 22. Entire Agreement: These Contract documents constitute the entire agreement between the City of Fayetteville and Lovell and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Lovell. In the event of a conflict between the terms of this Contract and the appendices, this Contract and the terms and conditions contained in Appendix B shall control. 23. Force Majeure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or contemplation of either party. Nothing herein relieves the City of its obligation to pay Lovell for services actually rendered. City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Roy Lovell dba Quality Collision Repair Page 5 of 6 24. SeverabilitV: In the event that any court of competent jurisdiction shall determine that any provision of this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. 25. Debarment Certification: Lovell hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Lovell hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ROY LOVELL DBA QUALITY COLLISION REPAIR by its authorized officer has made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE. ARKANSAS �O � By: u* - MOLLY RAWN, MAYOR ATTEST: Kara Paxton, City Clerk Treasurer Date Signed: February 4, 2025 City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Roy Lovell dba Quality Collision Repair Page 6 of 6 ROY LOVELL DBA QUALITY COLLISION REPAIR By: �� Al ROY LOVELL, OWNER Date Signed: ' ) t —/( )— CITY OF Wo" FAYETTEVILLE ARKANSAS RFP 24-13 •G Quality Collision Repair J� Roy Lovell dba Q� Supplier Response `:;� �' Event Information IQ Number: V" • �� Title: Type: Issue Date Deadline: Notes: RFP 24-13X` ('nllicinn RAnnir;a /i'zc _ F 1 1 T fi ;.4 Contac IWrfnat NO Cont anda Bei , Sr. Purchasing Agent Addres urchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov ks proposals from qualified and/or equipment. Any directed to Amanda Beilfuss, nt at abeilfuss@fayetteville- Page 1 of 3 pages Vendor: Quality Collision Repair RFP 24-13 Quality Collision Repair Information Contact: Lillian Lovell Address: 1414 S. Happy Hollow Rd. Fayetteville, AR 72701 Phone: (479) 521-6088 Email: lillian@gcr2005.com Web Address: www.quality-collisionrepair.com By submitting your response, you certify that you are authorized to represent and bind your company P Lillian Lovell lillian@qcr2005.com •G Signature Email Submitted at 1013012024 09:50:35 AM (CT) Requested Attachments .� Microsoft Word -RFP 24-13, RFP 24-13, Collision Repair Services r4,,ollision Repair Services - ft. pdf Please attach the signed and completed RFP for 11 t+g any Pal inf , located in the 'Attachments' tab, along with proposal. Response Attachments na .^ signature page.png Signature Page of application Written LifetimeWarranty.png Written Lifetime Warranty Bid Attributes 1 1kIli Arkansas Secretary of ate F ing Nu r No response 2 Check Yes or 11� Pursuant Ar sas ode Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Isr I nd will not boycott Israel during any time in which they are entering into, or while in contract, entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott wiONo,don't Isrontractor must notify the contracted public entity in writing. ❑�ree ❑ agree Page 2 of 3 pages Vendor: Quality Collision Repair RFP 24-13 3 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2 Yes, I agree ❑ No, I don't agree 4 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have bee d for this solicitation, if applicable. 2 1 agree Page 3 of 3 pages Vendor: Quality Collision Repair RFP 24-13 City of Fayetteville, AR RFP 24-13, Collision Repair Services SECTION C: Information and References 1. COMPANY INFORMATION: The following information is required from all firms so all Proposals may be reviewed and properly evaluated: a. Company Name: Quality Collision Repair b. Number of Years in Business: 20 Length in Current Location: 20 c. Current Number of Mechanics/Technicians: 10 d. Average Years of Personnel Experience: 10 e. Hours of Operations: Mon: 8-5 Tues: 8-5 Wed: $Thur: 8_5 Fri: 8'5 _,en: f. Do you have a frame machine on site? Y g. Please list ALL certifications posseperso ASE, ILID, OEM 4Q� ♦ O CO At ♦ O ` h. Please list any awards cognitions re wit in the last 3 years: Best NWA 2022 2023 2024 I i. Wh I a yo r towing capabilities? Sublet j. lease list and specify any vehicles or repairs you cannot accommodate: Alignment Machine cannot Accommodate 550 trucks. We take them to a Sublet shop for that City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 15 of 22 3. REFERENCES: Please list four (4) references that you have previously performed contract services for within the past five (5) years (all fields must be completed): 1. McBride Distributing COMPANY NAME 2849 S.School, FayetteviIle,Ar72701 CITY, STATE, ZIP Marty Post CONTACT PERSON 479-595-4049 TELEPHONE 7_31AWIV1► 114C7 2 University Of Arkansas Police Dept. COMPANY NAME 155 S.Razorback Rd.,Fayetteville,Ar.7?Ta1 CITY, STATE, ZIP �✓ Greg Foster • CONTACT PERSON 479-575-7534 TELEPHONE X NUMBER ♦N marty@mcbridedist.com regf .edu N. E-MAIL ADDRESS E-"Al S ,Q O � 3. Washington County ShepT t 04. CR Crawford COMPANY NAME ♦ COMPANY NAME 1155 W.Clydesdale Dr,Faye e ' e r7270 `♦ 1102 S. Happy Hollow Rd.,Fayetteville,Ar72701 CITY, STATE, ZIP CITY, STATE, ZIP Christy Pinkley CONTACT PERSON r V 479-444-5 7 TELEPHON FAX 41 cpink ey@washingtoncountyar.gov E-MAIL ADDRESS City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 16 of 22 David Harvey CONTACT PERSON 479-251-1161 TELEPHONE FAX NUMBER dharvey@crcrawford.com E-MAIL ADDRESS City of Fayetteville RFP 24-13, Collision Repair Services SECTION D: Cost Summary 1. COST PROPOSAL: The Contractor agrees to provide the requested services/installation and equipment for automotive body damage repairs in compliance with the specifications, terms and conditions herein, as follows: a. Proposed Warranty Period and Limitations (if any): Body: Lifetime (see attached written warranty on collision repairs) • G Paint: Lifetime • Mechanical Repairs: Lifetime W- b. Proposed Labor Rates: City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 17 of 22 Service • Rate Unit Body Work Repairs .00 �or P&B Per Hour Paint/Refinishing Repairs O $ � Materials Per Hour ` Mechanical Repair � Per Hour Fiberglass p*> 4jirs $ 65.00 Per Hour Sp ialty uipment Repairs $ 65.00 Per Hour my Decal Repairs/Removals $ 65.00 Per Hour Hazardous Waste Removals $ 5.00 *Applicably Specified (job, vehicle, load, etc..) Detailed Cleaning Per Vehicle Wash, Vacuum, wipe downs ( ) N/C with Repairs c. Proposed Contractor's markup for repair parts: 25 % d. Proposed percentage of markup, if any, on sublet repairs: 0 % e. Proposed reference used for hourly labor repair estimates: CCC estimating system (MOTOR) f. Is contractor willing to travel to Fleet's facility (1525 S. Happy Hollow Road, Fayetteville, AR 72701) to provide an estimate on a vehicle or for transport to and from Fleet? If not, please specify if�re would be exceptions: Vj YES - C4- g. Proposed price for painting (including total prep time) vehicle categori ed below: L44 Category Entire Door Hood F*r k Tailgate / Bumper Vehicle/Item Hatch Car $ 3722.72 $ 422.54 13.63 8.27 381.93 $ 368.76 Compact Car $ $ $ $ 3•� $ 338.03 $ 338.03 3137.20 36 Van/SUV $ 5147.28 •27 3.63 68.76 $ 421.44 $ 513.63 Regular CabQOPickup $ 44 $ &q, � $ 5� $ 460.95 $ 368.76 $ 329.25 Extended Cab $ 4624.8 0.95 $ 3.63 $ 460.95 $ 368.76 $ 329.25 Pickup Crew Cab $ 38 $ AAQ $ 513.63 $ 460.95 $ 367.76 $ 329.25 Pickup 26,Y'1 Motorcycle t�t$� ftff �O w $ N/A $ N/A $ N/A $ N/A Trailer $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A e Trucks and Fire Apparatus (may include, but not limited to Sewer/Vac trucks, trash/recycling collection trucks, dump trucks, and other various specialty type heavy vehicles. ie Apparatus $ N/A $ 368.76 $ 700.00 $ 500.00 $ 421.49 $ 513.63 Heavy Duty $ N/A $ 460.95 $ 700.00 $ 500.00 $ 421.49 $ 513.63 Truck City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 18 of 22 2. PRICES: a. All prices quoted (based on hourly labor rates) shall remain firm for the initial contract period. If the contract is renewed, prices may be adjusted during each renewal contract period according to the terms listed within the Price Escalation/De-escalation below. 3. ESCALATION/DE-ESCALATION: a. Contractor may request an hourly labor rate price adjustment no more than one (1) ti ring any Contract (renewal) period. Renewals are one (1) year from Contract award by Fayetteville# Council. b. Price adjustments shall be based on the percentage change of the Consumer Pric ex — Urban Wage Earners, and Clerical Workers (CPI-W) United States City Average; not season a4y ex for Series Id: Other Services as published by the United States Bureau of Labor Statisti s latest twelve months, for which statistics are available. The percentage change shall be appli �!E (then) current Contract labor rates in effect for the City. The newly adjusted prices shalec fective upon a mutually acceptable date and shall affect all repair work r ested on ors& that date. All in shop/in progress work shall be completed and billed at the previo L111V ract priq� C. Price adjustments will not be automatic. C Q n ractor z mit request to the City s Fleet Division.qz • d. Based on economic factors and/o r` con i s, Fleet r r s the right to request a reduction in price at anytime during the Co r erio�. �e inde ha a applied in the same manner as above for price de-escalation adju s). G. D� O. CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 19 of 22 City of Fayetteville RFP 24-13, Collision Repair Services SECTION E: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of ayetteville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in y� u nse. Failure to disclose such a relationship may result in cancellation of a purchase and/ ract as a result of your response. This form must be completed and returned in order f r id/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP""Z:y`Y APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EX131z) 2) RELATIONSHIP EXISTS (P lain): • A .e) k * - e45�� N ' _NJ' b. I certify that; as an offs hi LX�tion, o`'^ethe attached letter of authorization, am duly authorized to certify the nform ovidlikl ein is accurate and true, and my organization shall comply with all State and Fe I I Oppornli#jfancl Non -Discrimination requirements and conditions of employment. • c. Proposer agrees th t h &1t ent, valid registration with the Arkansas Secretary of State at time of RFP deadli evide proof of registration before recommendation of award to Fa etteville Ci CaQncil. Y d. Pursuant r as Code Annotated §25-1-503, the Contractor agrees and certifies that they do not curr t boycott Israel and will not boycott Israel during anytime in which they are entering into, or while c n ct, with any public entity as defined in §25-1-503. If at any time during contract the contractor e ' es to boycott Israel, the contractor must notify the contracted public entity in writing. e. ursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 20 of 22 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Quality Collision Repair Lillain Lovell Phone Number (cell preferred): 479-601-2815 E-Mail Address: lillian@gcr2005.com 3. ACKNOWLEDGEMENT OF ADDENDA 4. Acknowledge receipt of addenda for this invitation by signing and dating below. All addendums are her extent as though it were originally included thwo. in the appropriate blank listed herein. Failure)h& Title of Primary Contact: Manager Fo al, or request for qualification 1l�RFP documents to the same ate their receipt of same disqualification. ADDENDUM NO. SI REANDPPkTED AME AV DATE ACKNOWLEDGED DEBARMENT CERTIFIC r a. As an interest arty on t 's ct, you are required to provide debarment/suspension certification indicating o iance with the elow Federal Executive Order. Certification can be done by completing and sing t ' form. rallExecutive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving idual awards, using federal funds, and all sub -recipients certify that the organization and its principals snot debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any ederal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 21 of 22 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: Roy Lovell dba Quality Collision Repair PHYSICAL ADDRESS: 1414 S. Happy Hollow Rd., Fayetteville, AR., 72701 1414 S. Happy Hollow Rd., Fayetteville, AR., 72701 MAILING ADDRESS: TAX I D #: 71-0827318 479-521-6088 PHONE: E-MAIL: lillian@gcr2005.com AR. SECRETARY OF STATE FILING #:Sales permit 286806-72-001 FA, :.G submitting your response, you certify that you are authorized to represent and -UN your corn SIGNATURE: PRe ;u�— y i �� _�� .,LE.Eo��,w��er 1D X )- «CO ,:�i v +0 (lµ Q-N'D Of RFP DOCUMENT Q V City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 22 of 22 QUALITY COLLISION REPAIR 1414 S. Happy Hollow Rd. • Fayetteville, AR 72701 • 479-521-6088 • Fax: 479-521-6083 • www.quality-collisionrepair.com WRITTEN NI . This is a fragmented seven -part Limited Warranty, and stipulations pertaining to each fragmented part are stated hereafter: 1. METALWORK. Provided is a LIFETIME LIMITED WARRANTY, from effective date stated herein, on all metalwork and framework, to include welding and the application of materials utilized in making collision repairs against cracking, flaking, pitting or deterioration, excluding rust repairs. 2. PAINTING, STRIPES AND DECALS: Provided is a LIFETIME LIMITED WARRANTY, from effective d here- in, on painting -related priming and paint work against solvent blistering, peeling, hazing, an P*Zve loss of pigmentation, and, a LIFETIME LIMITED WARRANTY on the application and adhesion of decorativ* and decals. 3. MECHANICAL REPAIRS: Provided is a LIFETIME LIMITED WARRANTY, from effective ted herein, on all mechanical repairs pertaining directly to original collision damage. 4. PAM: Provided is a LIFETIME LIMITED WARRANTY, from effective date stated ,Tiriless manufacturer's war- ranty is less or more, on new parts installed by or at the Shop. (Please Note: warranty does not exceed manufacturer's warranty.) SEcrION 1-4: The shop will repair, repaint, or replace ent owner stated herein owns the vehicle, unless or care of the vehicle. THIS WRITTEN WARRAN' with by any person not authorized by Warrant; 6. SPECIFICALLY EXCLUDED: A. Inc and components which are not spe as damage to other assemblies and or repaired during the repair. B f exterior panels is not covere promises for which it will be spo 7. CUSTOMER'S OBLIGATIONS: the following: A. Present the o repairs or parts; B. Have any v� during normal business hfs. ALL WARRANTIES hereby limited to This WRIT dealings. Th any p not t claim is made while the pres- sonable use, maintenance, 0tered, adjusted or tampered KaN%rges, travel expenses, or assemblies nor are consequential damages such part or installation of such part installed or damage caused by rusting of interior or Es made by the Shop and contains the only C3fits of this warranty, the owner of the vehicle must do I.nty document to the warrantor before requesting warranted ant, or inspection made only at the premises of the warrantor N� warranties of merchantability and fitness for a particular purpose, are and shall expire at the end of such period. NTY %J&_ t be varied, supplemented, qualified or interpreted by any prior course of WARRANTY shall be null and void if the repair is altered, adjusted or tampered with by by the above named shop. This warranty is not transferable. e,'i 4 y (�� - Warranty No Vehicle Authorized by PRESENTED To: Repair Order No. Date of Repair Date © 2005 Collision Services Inc. • Reorder WW5101 @ 1-800-367-6575 71/16/2025 (MM/DD/YYYY) °CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: YouZoom Insurance Services, Inc. PHONE FAX 10801 Mastin Blvd A/c No EXt : 888-240-8803 A/c No): 877-835-1833 Ste 950 ADDRESS: AMServiceCenter@arrowheadgrp.com Overland Park KS 66210 INSURER A: Sentinel Insurance Company, Ltd. 11000 INSURED ROYLOVE-01 INSURER B: Property and Casualty Insurance Company of Hartfor 34690 Roy Lovell dba Quality Collision Repair INSURERC: 1414 S Happy Hollow Rd INSURERD: Fayetteville AR 72701-7255 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 1054270412 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL SUBR NUMBER POLICPOLICY MM DDYEFF /YYYY MM/ DY EXP /YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y 37SBABK2VT0 12/6/2024 12/6/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY r AUTOS ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 37SBABK2VT0 12/6/2024 12/6/2025 EACH OCCURRENCE $1,000,000 AGGREGATE $ 1,000,000 DED I X I RETENTION $ 1 n non $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBFREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 37WECBK9J2S 12/6/2024 12/6/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 B Garagekeepers 37SBABK2VT0 12/6/2024 12/6/2025 Limit 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is named as an Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 West Mountain St Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE S�s��ice��-; © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Aft CITY Or City of Fayetteville FAYOTTIVILLIN RFP 24-13, Collision Repair Services ANKAMSAS Contract — Between City of Fayetteville, AR and Bruckner's Truck and Equipment This contract executed this 4 day of February , 2025, between the City of Fayetteville, Arkansas (CITY), of 113 W. Mountain, Fayetteville, AR 72701 and Bruckner's Truck and Equipment (BRUCKNER'S) of 324 S. Bloomington, Lowell, AR 72745, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purpose: The purpose of this Contract is to provide the terms and conditions necessary for the Collision Repair Services for the City of Fayetteville (the "Project"), as defined in the scope of work of RFP 24-13, Collision Repair Services. 2. Contract Documents: The Contract documents which comprise the contract between the City of Fayetteville and BRUCKNER'S consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: CITY Issued Solicitation for RFP 24-13, Collision Repair Services b. Appendix B: BRUCKNER'S RFP Submittal c. Appendix C: BRUCKNER'S Certificate of Insurance 3. City's Responsibilities: a. The City shall make available to BRUCKNER'S, all relevant information or data it has pertinent to the Project which is required by BRUCKNER'S to perform the Services. BRUCKNER'S shall be entitled to rely upon the accuracy and completeness of all information and data furnished by the City, including information and data originating with other consultants employed by the City whether such consultants are engaged at the request of BRUCKNER'S or otherwise. b. When requested by BRUCKNER'S, the City may engage specialist consultants directly to perform items of work necessary to enable BRUCKNER'S to carry out the Services. Whether arranged by the City or BRUCKNER'S, these services shall be deemed to be provided under direct contracts to the City unless expressly provided otherwise. If the City chooses not to engage specialist consultants, then the Parties will work cooperatively to modify the scope of services to reflect any reductions or additions to the services to be provided by BRUCKNER'S. c. The City shall give prompt consideration to all documentation related to the Project prepared by BRUCKNER'S and whenever prompt action is necessary shall inform BRUCKNER'S of City's decisions in such reasonable time so as not to delay the schedule for providing the Services. d. The City of Fayetteville's Fleet Operations Superintendent is the project representative with respect to the services to be performed under this Agreement. The Fleet Operations City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Bruckner's Truck and Equipment Page 1 of 6 Superintendent shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4. BRUCKNER'S Responsibilities: a. BRUCKNER'S shall furnish the necessary qualified personnel to provide the Services. BRUCKNER'S represents that it has access to the experience and capability necessary to and agrees to perform the Services with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services at the time when and the location in which the Services were performed. This undertaking does not imply or guarantee a perfect Project and in the event of failure or partial failure of the product or the Services, BRUCKNER'S will be liable only for its failure to exercise diligence, reasonable care, and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure BRUCKNER'S performance. There are no other representations or warranties expressed or implied made by BRUCKNER'S. 5. Non -Assignment: BRUCKNER'S shall not assign its duties under the terms of this agreement without prior written consent of the City. 6. Indemnification and Hold Harmless: a. BRUCKNER'S agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, but not defend, against any and all claims for property damage, personal injury or death, arising from BRUCKNER'S performance under this contract. This clause shall not, in any form or manner, be construed to waive that tort immunity set forth under Arkansas Law. b. Notwithstanding anything to the contrary, the total amount of all claims the City of Fayetteville may have against BRUCKNER'S under this contract or arising from the performance or non- performance of the services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall not exceed $500,000. As the City of Fayetteville's sole and exclusive remedy under this contract any claim, demand or suit shall be directed and/or asserted only against BRUCKNER'S and not against any of BRUCKNER'S employees, officers or directors. Neither the City of Fayetteville nor BRUCKNER'S shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this contract or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Bruckner's Truck and Equipment Page 2 of 6 7. Insurance: a. BRUCKNER'S shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract in compliance with the terms of RFP 24-13. If applicable, BRUCKNER'S shall require any subcontractor to provide insurance. In the event any employee engaged in work on the project under this contract is not protected under Worker's Compensation insurance, BRUCKNER'S shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of their employees are not otherwise protected. Worker's Compensation coverage shall be applicable with state law. i. BRUCKNER'S shall carry the following coverages, at minimum: 1. Worker's Compensation Insurance — Statutory Amount 2. Automotive Insurance covering all vehicles and trailers, if applicable 3. General Liability - $1,000,000 each occurrence, $3,000,000 aggregate ii. Certificates of Insurance shall list the City of Fayetteville as an additional insured. Listing the CITY as a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the City of Fayetteville listed as an additional insured. 8. Price: a. BRUCKNER'S shall perform the services included in this proposal, over the length of 5 years, using the fee breakdown for services and purchases as identified in Appendix B. i. Additional services requested that fall outside the scope of this project shall be provided on a time -and -materials basis, subject to pre -approval. 9. Payments: a. Payments shall be made after approval and acceptance of each itemized invoice, which shall not be unreasonably withheld. b_Unless disputed by the City, payments shall be made 30 calendar days after acceptance of invoice. Electronic delivery to the City is preferred. 10. Terms: This contract shall be effective for one (1) year from City Council approval and shall be automatically renewable for up to four (4) annual, automatic renewals for a possible contract term of five (5) years. 11. Ownership of Documents: a. All documents provided by the City are and remain the property of the City. BRUCKNER'S may retain reproduced copies of drawings and copies of other documents. City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Bruckner's Truck and Equipment Page 3 of 6 b. All documents and records, whether in physical or electronic format, prepared by BRUCKNER'S or its subconsultant as part of the Project shall become the property of City; provided, however, that BRUCKNER'S shall have the unrestricted right to their use. c. BRUCKNER'S shall retain its rights in its standard document details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of BRUCKNER'S. d. BRUCKNER'S will grant the City, the State of Arkansas, and the United States of America a royalty -free, non- exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 12. Independent Contractor: BRUCKNER'S is an independent contractor of the City and shall maintain complete responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social security, or other industrial, labor or discrimination law for its employees. BRUCKNER'S is responsible for its agents, sub -consultants, methods, and operations. 13. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed), or overnight courier. 14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 15. Termination: This Contract may be terminated by the City of Fayetteville or BRUCKNER'S for any reason with thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination of this agreement, the City shall pay BRUCKNER'S for the services performed through the date of termination within thirty (30) days of acceptance of final invoice. 16. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Bruckner's Truck and Equipment Page 4 of 6 the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be binding unless made in writing and executed by both parties. 17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 18. Contract Administration: The Mayor or their Designated Representative shall be the Contract Administrator for this contract. BRUCKNER'S Principal or their Designated Representative shall be the primary contact for all matters pertaining to this contract. 19. Professional Responsibility: BRUCKNER'S shall exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. 20. Permits & Licenses: BRUCKNER'S shall secure and maintain any and all permits and licenses required to complete this Contract. 21. Publications: Recognizing the importance of professional development on the part of BRUCKNER'S employees and the importance of BRUCKNER'S public relations BRUCKNER'S may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to BRUCKNER'S services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to BRUCKNER'S. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of BRUCKNER'S activities pertaining to any such publication shall be for BRUCKNER'S account. 22. Entire Agreement: These Contract documents constitute the entire agreement between the City of Fayetteville and BRUCKNER'S and may be modified only by a duly executed written instrument signed by the City of Fayetteville and BRUCKNER'S. In the event of a conflict between the terms of this Contract and the appendices, this Contract and the terms and conditions contained in Appendix B shall control. 23. Force Maieure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or contemplation of either party. Nothing herein relieves the City of its obligation to pay BRUCKNER'S for services actually rendered. City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Bruckner's Truck and Equipment Page 5 of 6 24. Severability: In the event that any court of competent jurisdiction shall determine that any provision of this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. 25. Debarment Certification: BRUCKNER'S hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. BRUCKNER'S hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and BRUCKNER'S TRUCK AND EQUIPMENT by its authorized officer has made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS MOLLY RAWN, MAYOR ATTEST: v: Kara Paxton, City Clerk Treasurer Date Signed: February 4, 2025 City of Fayetteville, AR RFP 24-13, Collision Repair Services Contract: Bruckner's Truck and Equipment Page 6 of 6 BRUCKNER'S TRUCK AND EQUIPMENT By_ MATT ERST, GENERAL MANAGER Date Signed: CITY OF WFAYETTEVILLE ARKANSAS RFP 24-13 .e) Bruckner's Truck & Equipment J� Supplier Response Q� Event Information ` Number: RFP 24-13 . �. Title: Collision Repair Serve TRequest e: Re uest for Pro o �� Yp q p Issue Date: 10/6/2024 Deadline: 10/30/2024 0 �M (CT Notes: The Cityof ttevill k as o osals from qualified eR p firms to li repa' ity ve and/or equipment. Any quest ar i FP s II b directed to Amanda Beilfuss, City of ayettev' urch gent at abeilfuss@fayetteville- ar.gov or ( -8220. Contact Info Son Contact: Am a eilfuss, urchasing Agent Address:Ku hasin Vm3 ity Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 mail: abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Bruckner's Truck & Equipment RFP 24-13 Bruckner's Truck & Equipment Information Contact: Matt Ernst Address: 9471 East 140 Amarillo, TX 79 amarillo, TX 79118 Phone: (479) 770-6040 Email: mernst@brucknertruck.com By submitting your response, you certify that you are authorized to represent and bind your company. C^ Matt Ernst Signature Submitted at 1012912024 07:58:26 PM (CT) Supplier Note mernst@brucknertruck.com ro Email � V We appreciate the opportunity to continue our partnership into the future, f Requested Attachments ` A `:;� r R RFP 24-13, Collision Repair Services . of Fayetteville RFP 24-13 ` V ollision Repair Services.pdf Please attach the signed and completed RFP 4 r11` cludingFdition r ation, located in the 'Attachments' tab, along with proposal. �� K\ Bid Attributes 0 �' 1 Arkansas Secretary of State ' ilftNu No response 2 Check Yes or No: Pursuant Arkansas Code An �ated §25-1- t�Contractor agrees and certifies that they do not currently boycott Israel and will not o cs�ilael du iy time in which they are entering into, or while in contract, with any public entity as d e §25-1 f at any time during contract the contractor decides to boycott Israel, the contractorVusoy the c r ed public entity in writing. ❑✓ Yes, I agree ❑ No, I don't agite loot 3 Check No: Pursu rka sas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently bo o rgy, Fo I, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contr t, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2 Yes, I agree ❑ No, I don't agree Page 2 of 3 pages Vendor: Bruckner's Truck & Equipment RFP 24-13 4 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. ❑./ I agree Page 3 of 3 pages Vendor: Bruckner's Truck & Equipment RFP 24-13 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 24-13, Collision Repair Services •�G DEADLINE: Wednesday, October 30, 2024 before 2:00 PM, 1 ime SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss f ille-ar. ov DATE OF ISSUE AND ADVERTISEMENT: 10/06/2024 REQUE PR L •��. RFP 24-13 sion it S i s No late proposals shall be acce47PRIFRs Il' be ed through the Cit s third -party g Y p Y electronic bidding platfor or u mlttj�ealed cal proposal to the City of Fayetteville, Purchasing Division at the Pciulr&vetteville � � *' Punch ivision —Room 306 1 st Mountain Street etteville, AR 72701 0 All proposals shal submitte In accordance with the attached City of Fayetteville specifications and doc e s attached hereto. Each Proposer is required to fill in every blank and shall supply all inf ti requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 1 of 22 City of Fayetteville RFP 24-13, Collision Repair Services Advertisement City of Fayetteville, AR Request for Proposal RFP 24-13, Collision Repair Services The City of Fayetteville, Arkansas, seeks proposals from qualified firms to collision repairs to City ve�s and/or equipment. Any questions regarding this RFP shall be directed to Amanda Beilfuss, City Vetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. • Solicitation documents and addenda shall be obtained at the City of Fayetteville Purc in ivision's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be receive day, October 30 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by sub a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before th e stated. No late proposals shall be accepted. Submitting electronically is strongl ncouraged. City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failu f roposer' ical e *ment. All interested parties shall be qualified to do bus' • s licens corda �e_ all applicable laws of the state and local governments where the project ed. c rregistrd6ith the Arkansas Secretary of State shall be valid at time of Contract awar� The City of Fayetteville reserves the ri ject a II Propo a to waive irregularities therein, and all • parties agree that such rejection sh ithout on t the City of Fayetteville for any damage or claim brought by any intereste cau 2 rejections r shall any interested party seek any recourse of any kind against the City of Fa etteville of sLwh&%ctions. The filing of any Statement in response to this invitation shall constitute an agre City of Fayetteville By: Amanda Beilfuss, P: 479.575.8220 aft TDD (Teleco unic' Date of adAmei This pu AmojOl party to these conditions. (479) 521-1316 was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 2 of 22 City of Fayetteville RFP 24-13, Collision Repair Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. References b. Current Customers c. Equipment and Safety Measures d. Cost Summary e. Additional Services (OPTIONAL) ` f. Submitting and responding to this RFP roposals s01IRV e prmply and economically, providing a straightforward, concise d n of ' met uirements for the roject. 6p g gq project. �� Fancybindings, colored displays, a otio I vial ar o uired. Emphasis should be on g, q p completeness and clarity of co t. II docume physic mitted should be typewritten on standard 8 %" x 11" 00te a bound e volum x ptions would be schematics, exhibits, one -page resumes iredfar s.� r I twent -five 25 a es or less excludin� p Y ( )pg g one -page team resnoes � orms r r by the City for completion. All proposals shall be sealed upoNi fFaye vil `- � i. Option 1 — c Sub I (stronglyencouraged): Proposers can go to www.fa ette le- ov bi ollow the prompts to submit a proposal within the electronic bidding platfo N proposal is submitted electronically, a physical submission is not r-ANy. All P rs must register in order to be able to submit. There is no fee for r�g�st ion. I ` ion 2 — I Submittal: All Proposers shall submit one (1) original copyof their proposal nd shall b r ided to the City in a sealed manner. FeclEx, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailingpackage. ro osals will be reviewed following the stated deadline, as shown on the cover sheet of this ocument. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. h. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 3 of 22 Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the atta ed service agreement must be identified in its response to the RFP. Failure to do so may lead the declare any such term non-negotiable. Proposer's desire to take exception to a non-negot* Wrm will not disqualify it from consideration for award. • 60 I. Local time shall be defined as the time in Fayetteville, Arkansas on the e d`ate of the deadline. Documents shall be received before the deadline time as shown b mic clock located in the PurchasingDivision Office or electronic clock located in the Cit 's t rt bidding software. Y Y g • 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLA TION: A No oral interpretations will be made to any firms as t meanir specific is or any other contract documents. All questions pertaining to the ter nd conditio&Des scope f this proposal must be sent in writing via e-mail to the Purchasing en to�P ns may be handled as an addendum if the response provides clarific t r�the ents of "� osal. All such addenda shall p p � � p become part of the contract documen e City will of be re ble for any other explanation or interpretation of the proposed RFP m 07given el, o the a he contract. 3. DESCRIPTION OF SUPPLIES AN ES • _S _: `O cop; Any manufacturer's names, am purpose of describing and Ntablishir restrictive. Proposals shall be co any items. 4. RIGHTS OF CITY OF FAYE-I In addition to all other hhtthe to the following: J a. The Cit o ettevil s� Negot t with an in i lame, c taI umber, etc. used in specifications are for the �ral gJkIiGavels. Such references are NOT intended to be r all (br�ds that meet the quality of the specifications listed for AV Ile, under state law, the City specifically reserves the right fives the right to rank firms and negotiate with the highest-ranking firm. al Proposer does not require negotiation with others. b. City of Fayetteville reserves the right to select the proposal it believes will serve the best t est(s) of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 4 of 22 f. The City of Fayetteville reserves the right to request any necessary clarifications, additional 91 7. .11 7 information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to thio,,RFP on the most favorable terms available. EVALUATION CRITERIA: •�G The evaluation criterion defines the factors that will be used by the selection committ aNvaIuate and score responsive, responsible and qualified proposals. Proposers shall include sufficien fo mation to allow the selection committee to thoroughly evaluate and score proposals. Each prop I fitted shall be evaluated and ranked b a selection committee. The contract will be awarded to th qualified Proposer, per the Y q p evaluation criteria listed in this RFP. Proposers are not guaranteed t ob&an COSTS INCURRED BY PROPOSERS: ` All expenses involved with the preparation and s fission of r o Ts eran work performed in p p p pY connection therewith, shall be borne solely b rropo ( aymade for any responses received, or for any other effort required o r1de b t poserntract commencement. ORAL PRESENTATION: An oral presentation and/or interv' way be�reONNdof it at the selection committee's discretion. p Y N1� �` CONFLICT OF INTEREST: ` a. The Proposer represe is that it S\§tly haski4:j)erest and shall acquire no interest, either direct or indirect, which would con;lkit a y manne�ki th the performance or services required hereunder, as provided in City of Fay, tevi e Code S n 34.26 titled "Limited Authority of City Employee to Provide Services t^ e Cit `t_IQI J*'Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all ny prospective business association, interest, or other circumstance :o influence the Proposer's judgment or quality of services being on shall identify the prospective business association, interest or mstVcce, the nature'of which the Proposer may undertake and request an opinion to the City as ether the association, interest or circumstance would, in the opinion of the City, constitute a ict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer opinion via e-mail or first-class mail within thirty days of receipt of notification. A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 5 of 22 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. I proposals shall be received in the Purchasing Division BEFORE the deadline stated. The o� clock to determine local time shall be the atomic clock located in the Purchasing Division,��,l,� 306 of City Hall, 113 W. Mountain, Fayetteville, AR. ♦ (V" 11. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: J� The laws of the State of Arkansas apply to any purchase made under this r proposal. Proposers shall comply with all constitutional, state, and federal directives, orders and s applicable to this proposal and subsequent contract(s) including but not limited to Equal Employ mere Op rtunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to 11R ontract. ` 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Propos Propeeto S'W"Vailable to all Government a encies de artments munici alities an u ies tl ric tted in accordance with said g p p �p proposal terms and conditions therein, s I ny said gotal t desire to buy under this proposal. Eligible users shall mean all state o�k nsas �e* es, the is five and judicial branches, political subdivisions (counties, local distri s ool bpa sSi c ges, municipalities, counties, or other public agencies or authorities), ay d rch r the terms and conditions of the contract. 13. COLLUSION: ♦ CO The Proposer, by affixing his or hQrevi �a ire to thisoposal, agrees to the following: "Proposer certifies that their proposal is made withoutus unders ing, agreement, or connection with any person, firm or corporation making a proposal fsame ' ?and/or services and is in all respects fair, without outside control, collusion, fraud, r Go�wise le on." 14. RIGHT TO AUDIT OIAN JURIS I N: a. The Cit o ettevill s es the privilege of auditing a Contractor's records as such records relate to pur�s s between e ity and said Contractor. r 0b. dom of Information Act: City contracts and documents prepared while performing City on actual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information ct request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 6 of 22 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this cont xcept as specifically stated in the subsequent sections of this document, which take precedence, a con be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: J� Persons with disabilities requiring reasonable accommodation to participate ' t roceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than ays prior to the deadline. Persons needing translation of this document shall contact the City of F tteville, Purchasing Division, immediately. ` 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certi f InsOun ofesSi111dbility insurance in the amount of $1 million US dollars at minim S Cer Insur Y I list the Cit as an additional insured and not be required unless fi i selected.rance s I emain valid throughout contract completion. 19. PAYMENTS AND INVOICING: ♦ O The Proposer must specify ro ♦ wxactam p name and address which must be the same as invoices submitted for p ment as It of of this RFP. Further, the successful Proposer is responsible for immediately noti th urchas Division of any company name change, which would cause invoicingto change from e n me used Ime of the original RFP. Pa ment will be made within g �Y thirty days of invoice received. T ity of e eville is very credit worthy and will not pay any interest or penalty for untimely pay s.♦,Payme be processed through Proposer's acceptance of Visa at no additional costs to they W expecI t ment processing. The City will not agree to allow any increase in hourly rates byV nt ct wit t IOR Fayetteville City Council approval. 20. CANCELLATI a. T ity serves the rig t to cancel this contract without cause by giving thirty (30) days prior notice e Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails o Ifill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 7 of 22 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provid n notice to the City within thirty (30) calendar days of Contractor's notice of such action oi* n t e occurrence of said action, whichever occurs first. J 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Co or for all work of this type, p g Y Yp which may develop during the contract period. This is not an exclusive c tra The City specifically reserves the right to concurrently contract with other compa or similar it de ms such an action to be in the City's best interest. In the case of multiple -phase racts, thi�ision s pply separately to each item.► 23. LOBBYING: ` Lobbying of selection committee mem s, ity of Fay eville e o es, or elected officials regarding request for proposals, request for qua bons, bi o ontract u the pendency of bid protest, by the bidder/proposer/protestor or an er of a der' r's/ rotestor's staff, and agent of the Y� p p g bidder/proposer/protestor, or �n�p son d by entity affiliated with or representing an organization that is respon e rev propo al, est for qualification, bid or contract, or has a pending bid protest is strict) prohibit r upA rtisement or on a date established by the City of Fayetteville and shall be prohibit u ti ether aniar is final or the protest is finally resolved by the City of Fayetteville; provided, how ver, nothing On shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division addre i tions such as clarification and/or questions related to the procurement process. Ffthn poyses of t ' vision lobbying activities shall include but not be limited to, influencing or attempflOnKa ' n or non -action in connection with any request for proposal, request for qualificati ,l►id ort through direct or indirect oral or written communication or an attempt to obtain dwill of d/or entities specified in this provision. Such actions may cause any request for p p s I, request r alification, bid or contract to be rejected. 24. ADDIT,90 REQUIREMENTS: The i r erves the right to request additional services relating to this RFP from the Proposer. When p o by the City as an amendment to the contract and authorized in writing prior to work, the Contractor s I provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 8 of 22 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. !b 27. OTHER GENERAL CONDITIONS: e a. Proposers must provide the City with their proposals signed by an employee h 'Agal authority to submit proposals on behalf of the Proposer. The entire cost of preparing oviding responses shall be borne by the Proposer. b. The Cityreserves the right to request an additional information i psnecessary from an or all g q Y �� Y Proposers after the submission deadline. �•/ This solicitation is not to be construed as an o r contra it commit the City to pay for any coots , curred by P� understood that any costs incurred by 1 pose n c Proposer's own risk and expense as 'f doi ass for reimbursement to the Pro po4( i�r any expe e so it proposal is accepted. ^�` w� If products, compone the Proposer must i information must be Any uncertainties shall a (479.575.8220) or a-mai Fayetteville Purch s� p of the scope oNes r o parties to jk const YQ`comm nt of any kind; nor does ser in r ion. It shall be clearly AhlFayetteville quest for proposal is at the shall not be liable rdless of whether or not the scribed in this bid document are proposed, iftafature for each. All requests for additional ys following the request. t to tWention to Amanda Beilfuss immediately via telephone s a tteville-ar. ov). It is the intent and goal of the City of de documents providing a clear and accurate understanding 1t d and/or goods to be provided. We encourage all interested all Proposers to be on equal terms. Any ir(q rTis -or req t for explanation in regard to the City's requirements should be made p ptl to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail ilfuss fa etteville-ar. ov) or telephone (479.575.8220). No oral interpretation or clarifications OVil e given as to the meaning of any part of this request for proposal. All questions, clarifications, knd requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 9 of 22 h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit an RFP's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any all d lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole or any part of this Contract of onies due or to become due hereunder without written consent of City of Fayetteville. In cas tt ccessful Proposer assigns all or any part of any monies due or to become due under this C traZ't, the Instrument of assignment shall contain a clause substantially to the effect that it is a he right of the assignee in and to an monies due or to become due to the successful Pro o e subject to prior liens of Y p J all persons, firms, and corporations for services rendered or mate�jials plied for the performance of the services called for in this contract. �all k. The successful Pro oser's attention is it ed to the fa t a i Federal and State laws p � � , municipal ordinances, and the rules an tions tritiet r +jurisdiction over the services shall apply to the contract throu hot ne I emed t u ded in the contract as though ppY g Y g written out in full herein. The su s I Proposer all keep f/herself fully informed of all laws, ordinances and regulations of rederal, t , and ici a governments or authorities in any manner affecting those en g or enipl y pr g ese services or in any way affecting the conduct of the services n II or s decr b dies or tribunals having any jurisdiction or authority over sam y di or in ons' ncy should be discovered in these Contract Documents or in the s ecificat10 in reffcrr�, in relation to any such law, ordinance, regulation, order or decree, s/he shaI r wi report tame in writing to the City of Fayetteville. � G CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 10 of 22 City of Fayetteville RFP 24-13, Collision Repair Services SECTION 13: Scope of Services and General Information 1. INTRODUCTION: The City of Fayetteville is requesting proposals from qualified proposers to provide automotive body damage repair services and related mechanical repairs to city vehicles. This shall include, but is not limited to; cars, trucks (light and heavy), vans, fire apparatuses, trailers, etc. The intent is to establish annual cacts with multiple qualified firms for these services. The awarded Proposer ("Contractor") are en( 5o submit proposals for all or any combination of vehicle class categories shown: Car 17 6-Toyota 2-Ford er Van/SUV 102 87- Chevy 4- Honda Other Light Duty Truck 149 59- Ford 7- Chevy - Other Heavy Duty Truck 125 27- Freightliner 23- Peterbilt 75- Other Off Road 165 34- Bobcat 28- Cate6p4 r 103- Other Trailers 128 9- Triple tar 6- Bell ther 13- Other Motorcycle 5 Har,leyN/i AN *Repairs for other specialized egWnot listed Ntvmay a L OAded.* `' • V 2. SCOPE OF WORK: ` The Contractor shall be responsible f king ge al body ired mechanical repairs related to accidents and vandalism to the Cit ' d and i�ntained s and equipment. c a. Estimates — Repairs 1 be aw by and c ensated for, to the extent as specified in the written damage rep a es i atstim eCAovided to the City's Fleet Division ("Fleet") by the Contractor, or rovid d b t `ance jus4 to Fleet and the Contractor. Estimates may be p Y 1 Y subsequently amended ctor as 'red for hidden damages, but only with prior approval from Fleet and/or insura ovider. i. Estimates c arl indi lied arts and repair materials as: �j Y � pp p p 1. N riginal E ent Manufacturers (OEM) �tlew "afterh P? Used ` L or estimates shall be based upon and supported by standard reference publications generally recognized for the use by the auto body repair industry, such as CCC Pathways software, Mitchell's, or Motor's Collision Repair manuals. The estimates shall state the reference publication used. iii. Estimated completion times shall be furnished on each estimate. Fleet may approve additional time to complete repairs for previously hidden damages or non -availability of repair parts upon Contractor's request and documentation. b. Repairs — Quality of the completed work for fit, finish, sheet metal work, overall painting, paint blending, and patching must be acceptable to Fleet. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 11 of 22 i. The standards for repairs are: 1. Repaired surface area(s) shall match the rest of the vehicle in color, fit, and/or finish. 2. All auto body and repaired parts and/or materials used in the repairs shall be certified by the manufacturer as meeting Original Equipment Manufacturer (OEM) specifications. ii. When non -OEM auto body parts are approved for use, such parts shall be certified by the Certified Auto Parts Association (CAPA) and warranted by the Contractor as bein al in kind and quality in terms of fit, performance, and overall quality to the original ma rer parts they are replacing. iii. Fleet may elect to provide required parts to Contractor. In such case`actor will NOT be required to warranty the provided parts and/or labor required work due to failure of Fleet provided parts. iv. Accident related damage(s) discovere by Contractor ubsequent to completion of the estimate and which were omitted fro stimate f% h� n da es"), shall be reported to Fleet and/or insurance for a sup le al cla' obtain Nrization to make such additional repairs. • c. Performance — Fleet will use the f( items hout t ion of the contract to evaluate g Contractor performance: i. Number of times v i mare s n 1►for rew ii. Number of t** e k nQt Meted on1r e iii. Number of in icing errsC:) iv. Number of estima ring su 1'ientary repairs v. Costs of supplem repair its vi. Schedulin y� d. Additional Req Jre ents — i. Vahments, �tor s ►liable for the security and safekeeping of the vehicles including onents, emergency signal equipment, tools, and radios when in the ractor's possession, including transportation to and from Fleet. ii. Contractor shall maintain records and comply with all applicable EPA and OSHA requirements governing auto body repair (further details within Conditions and Instruction). Records of all hazardous waste removal shall be made available to Fleet or its assigned agents. iii. Contractor shall maintain vendor receipts for parts used in performing the needed repairs. Parts pricing shall be subject to audit by Fleet to verify the markup specified in the pricing schedule. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 12 of 22 4. PAYMENT: The City shall pay Contractor only for work specifically authorized and performed per the estimate and/or any previously approved supplements. Payments shall be made once a Fleet representative has accepted and approved the repairs, noting satisfactory completion and signing the Contractor's invoice. Payment may also be made by private insurance companies directly to the Contractor. 5. INSURANCE: Contractor shall provide a Certificate of Insurance supplying commercial general liability cove prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additiona 47ed. Listing the City of Fayetteville as a Certificate Holder is NOT an acceptable substitute. Insuraccl s remain valid throughout project completion. The following list of insurance coverages shall be conk\red the minimum coverage the City will accept: i. Worker's Compensation Insurance: Statutory Amount i�icable ii. Automotive Insurance covering all vehicles and trailers if • iii. General Liability: $1,000,000 eac c rence; $3 ( 0 aggregate 6. CONTRACT FORMATION: • �' If the negotiation produces mutual agreem � con'Fz Q§�econ � for approval by the City of Fayetteville City Council. If negotiations ; higheg Pro r il, negotiations may be initiated with the next highest-ranking Proposer, an agre ee City reserves the right to reject all offers and end the process without ing a c ct. 7. CONTRACT TERM: • 5�1 Contract shall be considere valid for ) yea*r ouncil approval with four (4) annual, automatic renewals pending City Council app v I e annu bu;et. The contract maybe terminated by either party with thirty (30) days written not e w*ut pen 8. SELECTION CRITERIA: The followingcriteriaNbItTsed b it to evaluate and score responsive proposals. Proposers shall � Y p p p p include sufficient ' formation to e City to thoroughly evaluate and score the proposal. Each proposal submitted is mired t ed by the selection committee. The contract may be awarded to the most qualifie r per the uation criteria listed below, based on the evaluation of the selection commit . Foll wing the evaluation of the proposals, the Selection Committee may request that the top- ranki (s) make an oral presentation or be interviewed. If presentations are necessary, they will take pl Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. Selection Criteria includes: 30% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the consultant, partners, and project team. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 13 of 22 2) 25% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 20% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. !b 4) 15% Past Performance: Previous evaluations shall be considered a significan0�. If previous evaluations with the City are not available, the professional fir erformance records with City and others will be used, including quality of w k�ely performance, diligence, and any other pertinent information. Firm will pr 'de list of similar jobs performed and person whom the City can contact for inf It 5) 10% Cost/Fees: Complete costs and fees as described in thi F ?cd for delivery of the proposal including fiscal feasibility and fina tability. All hall b clearly identified with RFP response and be itemized as much ssible. ,Q •O � CO CP � � G DC TINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 14 of 22 City of Fayetteville, AR RFP 24-13, Collision Repair Services SECTION C: Information and References 1. COMPANY INFORMATION: The following information is required from all firms so all Proposals may be reviewed and properly evaluated: a. Company Name: Bruckner's Truck and Equipment b. Number of Years in Business: 92 Length in Current Location: 10+ ears c. Current Number of Mechanics/Technicians: 7 ` d. Average Years of Personnel Experience: 21 yearsat Loo e. Hours of Operations: Mon: 7:00-3:30pmTues: 7:00-3:30prnWed:?&.-33. rPhur: 7:00-3:30pm Fri: 7:00-3:30p losed `n: clolo f. Do you have a frame machine on site? N NJ g. Please list ALL certifications possesb person Our pa4; the nessesary training to paint customer or custom jobs. O niciansSphe e e ' to perform and repair all make/models. ON h. Please list any awards cognitions r iv within the last 3 years: G elease o r towing capabilities? We do not own the equipment to tow. We use local vendors when and specifyany vehicles or repairs you cannot accommodate: N/A City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 15 of 22 3. REFERENCES: Please list four (4) references that you have previously performed contract services for within the past five (5) years (all fields must be completed): 1. Arkansas Association of Counties COMPANY NAME CITY, STATE, ZIP Curtis Russell CONTACT PERSON 501-977-4436 TELEPHONE FAX NUMBER curtis@eclipseappraisal.com E-MAIL ADDRESS 2. Penske COMPANY NAME Lowell, AR CITY, STATE, ZIP �✓ RogerLansen • CONTACT PERSON 479-659-3051 TELEPHONE X NUMBER ♦N ger.la pens,keex\ E-"Al S � O ��♦ *4 %on 3. O COMPANY NAME CITY, STATE, ZIP *f CONTACT PERSON TELEPHONFj FAX E-MAIL ADDRESS City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 16 of 22 4. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE ITT19MV ►lLP-w1k E-MAIL ADDRESS City of Fayetteville RFP 24-13, Collision Repair Services SECTION D: Cost Summary 1. COST PROPOSAL: The Contractor agrees to provide the requested services/installation and equipment for automotive body damage repairs in compliance with the specifications, terms and conditions herein, as follows: a. Proposed Warranty Period and Limitations (if any): Body: 1 year • G Paint: 5 years • Mechanical Repairs: 1 year b. Proposed Labor Rates: City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 17 of 22 Service • Rate Unit Body Work Repairs Per Hour 0 Paint/Refinishing Repairs O $ 12 � Per Hour Mechanical Repair � Per Hour 50 Fiberglass Wrs � $ 120 Per Hour Sp ialRep irsty uipment $ 120 Per Hour my Decal Repairs/Removals $ 120 Per Hour Hazardous Waste Removals *Applicably Specified n/a (job, vehicle, load, etc..) Detailed Cleaning $120 Per Vehicle (Wash, Vacuum, wipe downs) c. Proposed Contractor's markup for repair parts: Tvge text here 25 d. Proposed percentage of markup, if any, on sublet repairs: e. Proposed reference used for hourly labor repair estimates: Adjust Rite 20 f. Is contractor willing to travel to Fleet's facility (1525 S. Happy Hollow Road, Fayetteville, AR 72701) to provide an estimate on a vehicle or for transport to and from Fleet? If not, please specify if�ere would be exceptions: Yes, currently do this for the City of Fayetteville ♦_ C4- g. Proposed price for painting (including total prep time) vehicle categori ed below: L44 Category Entire Door Hood F*r k Tailgate / Bumper Vehicle/Item Hatch Car $ $ $ ♦ Compact Car $ $04 $ $ $ $ Van/SUV $ $ $ Regular Cab $ $ ♦`� $ $ $ $ Pickup Extended Cab $ $ $ $ Pickup Crew Cab $ �1 $ $ $ $ $ Pickup Motorcycle $� $ $ $ $ Trailer ry $ $ $ $ $ $ e Trucks and Fire Apparatus (may include, but not limited to Sewer/Vac trucks, trash/recycling collection trucks, dump trucks, and other various specialty type heavy vehicles. I $ $ $ $ $ $ Apparatus Heavy Duty Truck $ $ $ $ $ $ 480 960 480 City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 18 of 22 2. PRICES: a. All prices quoted (based on hourly labor rates) shall remain firm for the initial contract period. If the contract is renewed, prices may be adjusted during each renewal contract period according to the terms listed within the Price Escalation/De-escalation below. 3. ESCALATION/DE-ESCALATION: a. Contractor may request an hourly labor rate price adjustment no more than one (1) ti ring any Contract (renewal) period. Renewals are one (1) year from Contract award by Fayetteville# Council. b. Price adjustments shall be based on the percentage change of the Consumer Pric ex — Urban Wage Earners, and Clerical Workers (CPI-W) United States City Average; not season a4y justed for Series Id: Other Services as published by the United States Bureau of Labor Statisti s Y latest twelve months, for which statistics are available. The percentage change shall be appli e (then) current Contract labor rates in effect for the City. The newly adjusted prices shalec e effective upon a mutually acceptable date and shall affect all repair work r ested on or�a that date. All in shop/in progress work shall be completed and billed at the previo o ract priq� c. Price adjustments will not be automatic.6N%*,Cnractor mitt i 're uest to the Cit 's Fleet 1q Y Division. `— d. Based on economic factors and/o con i s, Fleet e the right to request a reduction in price at anytime during the Co r eri4. �e inde s e applied in the same manner as above for price de-escalation adju s). CO O ci OD G CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 19 of 22 City of Fayetteville RFP 24-13, Collision Repair Services SECTION E: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of ayetteville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in y� u nse. Failure to disclose such a relationship may result in cancellation of a purchase and/ ract as a result of your response. This form must be completed and returned in order f r id/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP""`Y APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXI'0'�' X 2) RELATIONSHIP EXISTS (P lain): BUaL I N Body Shop has worked with the City of Fayetteville times r e past Avrore years. Various jobs repairing all makes and models. • ` • LO%- ftolf b. I certify that; as an ofrnform4.*sCvTovided hi do �er the attached letter of authorization, am duly authorized to certify ther f is accurate and true, and my organization shall comply with all State and Fe I I Oppo and Non -Discrimination requirements and conditions of employment. c. Proposer agrees th t h NII hav r'i Pent, valid registration with the Arkansas Secretary of State at time of RFP deadliA e able vide proof of registration before recommendation of award to Fayetteville CiNaQncil. d. Pursuant r as Code otated §25-1-503, the Contractor agrees and certifies that they do not curr t boycott Israel and will not boycott Israel during anytime in which they are entering into, or while c n ct, with any public entity as defined in §25-1-503. If at any time during contract the contractor e ' es to boycott Israel, the contractor must notify the contracted public entity in writing. e. ursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 20 of 22 2. PRIMARY CONTACT INFORMATION 25 At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Bruckner's Truck and Equipment Primary Contact: Randy Williams Phone Number (cell preferred): 479-903-3620 E-Mail Address: randy.williams@brucknertruck.com 3. ACKNOWLEDGEMENT OF ADDENDA 4. Acknowledge receipt of addenda for this invitation by signing and dating below. All addendums are her extent as though it were originally included thwo. in the appropriate blank listed herein. Failure)h& Title of Primary Contact rs sh u intra .IN Body Shopr •�G r request for qualification documents to the same ate their receipt of same disqualification. ADDENDUM NO. SI REANDPPkTED AME DATE ACKNOWLEDGED • a nst 10/28/2024 r s 01 DEBARMENT CERTIFICa11�Q : G a. As an interest arty o is r ect, you are required to provide debarment/suspension certification indicating o iance wi below Federal Executive Order. Certification can be done by completing and sing t i form. rallExecutive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving idual awards, using federal funds, and all sub -recipients certify that the organization and its principals snot debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any ederal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 21 of 22 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: Bruckner's Truck and Equipment PHYSICAL ADDRESS: 324 S Bloomington Lowell, AR 72745 MAILING ADDRESS: same as above TAX I D #: 75-0972825 PHONE: 479-770-6040 E-MAIL: mernst@brucknertruck.com SIGNATURE: ��2 ldt PRINTED NAME: Matt Ernst TITLE: General Manager City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 22 of 22 AR. SECRETARY OF STATE FILING #: FAX: C • 1 END OF RFP DOCUMENT Client#: 195268 BRUCTRU DATE ACORDTh, CERTIFICATE OF LIABILITY INSURANCE 01/13/20(MM/DD/YYYY)25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Becky Nall CBIZ Insurance Services, Inc. PH NE FAX o432-571-4910 ac, No 3300 North A Street E-MAIL ADDRESS: bnall@cbizstoltz.com Suite 1100 INSURER(S) AFFORDING COVERAGE NAIC # Midland, TX 79705 Zurich American Insurance Company 16535 INSURED Bruckner Truck Sales, Inc. 9471 East 1-40 Access Rd, Exit 76 Amarillo, TX 79118 INSURER A . INSURER B : AXIS Surplus Insurance Company 26620 INSURER C : Lexington Insurance Company 19437 INSURER D : Arch Specialty Insurance Company 21199 INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X GL05480650 08/01/2024 07/01/2025 EACH OCCURRENCE $2,000,000 PREMISESOEa..U"Dence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FI ECOT ^ LOC OTHER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY X X GP5480651 08/01/2024 07/01/202 MBINED SINGLE LIMIT (CEO, accident $ 2> 000> 000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X P00100352432701 8/01/2024 07/01/2025 EACH OCCURRENCE s21000,000 X AGGREGATE s2,000,000 DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N] (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X WC5480649 066321017 UXP105467100 8/01/2024 07/01/202 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Excess Liability D Excess Liability X X X X 8/01/2024 08/01/2024 07/01/202 07/01/202 $3M X $2M (above) $5M X $3M X $2M (above DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Fayetteville is included as additional insured on General Liability and Auto Liability as required by written contract. Excess follows form. CERTIFICATE HOLDER CANCELLATION City of Fayetteville 113 W. Mountain St. Fayettsville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 Of 1 #S4392951/M4213110 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ORPT3 This page has been left blank intentionally. Additional Insured — Automatic — Owners, Lessees Or Z U RI C H Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GL05480650 Effective Date: 08/01/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW (02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. General Liability Supplemental Coverage Endorsement 9 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GL05480650 Effective Date: 08/01/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section II — Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or c. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. U-GL-1345-C TX (03/20) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. 2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status — Employees Paragraph 2.a.(1) of Section II — Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers", who are not employed by you or volunteering for you as health care professionals, for "bodily injury" arising out of "Good Samaritan Acts" while the "employee" or "volunteer worker" is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank, with respect to "bodily injury" to co -"employees". As used in this provision, "employees" designated as a supervisor or higher in rank means only "employees" who are authorized by you to exercise direct or indirect supervision or control over "employees" or "volunteer workers" and the manner in which work is performed. D. Additional Insureds — Lessees of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: U-GL-1345-C TX (03/20) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph DA. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured — Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products -completed operations hazard": Section II — Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph E. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business: However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. U-GL-1345-C TX (03/20) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured — Managers, Lessors or Governmental Entity 1. Section II — Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury"; b. To any person or organization included as an insured under Paragraph 3. of Section II — Who Is An Insured; c. To any lessor of equipment if the 'occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The 'occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-1345-C TX (03/20) Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Required by the written contract or written agreement referenced in Subparagraph F.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The "insured contract" definition under the Definitions Section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" arising out of the offenses of false arrest, detention or imprisonment, to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. I. Definition — Specific Perils The following definition is added to the Definitions Section: "Specific perils" means: U-GL-1345-C TX (03/20) Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Fire; b. Lightning; c. Explosion; d. Windstorm or hail; e. Smoke; f. Aircraft or vehicles; g. Vandalism; h. Weight of snow, ice or sleet; i. Leakage from fire extinguishing equipment, including sprinklers; or j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage — Personal and Advertising Injury 1. Exclusion e. of Section I — Coverage B — Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a) above, provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section I — Supplementary Payments — Coverages A and B is replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3. The following is added to the paragraph directly following Paragraph 2.f. of Section I — Supplementary Payments — Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section I — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will not reduce the limits of insurance. U-GL-1345-C TX (03/20) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Supplementary Payments The following changes apply to Supplementary Payments — Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short -Term The paragraph directly following Paragraph (6) in Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III — Limits Of Insurance. 2. Elevator Property Damage a. The following is added to Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an elevator at premises you own, rent or occupy. b. The following is added to Section III — Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is $25,000 per "occurrence". 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a jobsite. b. The following is added to Section III — Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others is $25,000 per "occurrence". M. Expected or Intended Injury or Damage Exclusion a. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. N. Definitions — Bodily Injury The "bodily injury" definition under the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death sustained by that person which results from that bodily injury, sickness or disease. U-GL-1345-C TX (03/20) Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. O. Insured Status — Amateur Athletic Participants Section II — Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. "Bodily injury" to: (1) Your "employee", "volunteer worker" or any person you sponsor while participating in such amateur athletic activities; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) while participating in such amateur athletic activities; or b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your "employee", "volunteer worker" or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). P. Non -Owned Aircraft, Auto and Watercraft Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned in whole or in part by an insured; or (6) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". Q. Definitions — Leased Worker, Temporary Worker and Labor Leasing Firm 1. The "leased worker" and "temporary worker" definitions under the Definitions Section are replaced by the following: "Leased worker" means a person leased to you by a 'labor leasing firm" under a written agreement between you and the 'labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". U-GL-1345-C TX (03/20) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short- term workload conditions. "Temporary worker" does not include a "leased worker". 2. The following definition is added to the Definitions Section: "Labor leasing firm" means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization; or c. Temporary help service. R. Definition — Mobile Equipment Definition 12. in Section V — Definitions is replaced by the following: 12. "Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment, exceeding a combined gross vehicle weight of 1000 pounds, are not "mobile equipment' but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment' does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is license or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". S. Definitions — Your Product and Your Work The "your product' and "your work" definitions under the Definitions Section are replaced by the following: "Your product": U-GL-1345-C TX (03/20) Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. "Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions. T. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II — Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. U. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV — Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other U-GL-1345-C TX (03/20) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. insurance by the method described in Paragraph c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A— Bodily Injury And Property Damage Liability; or (v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. V. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a. Fail to disclose all hazards existing at the inception of this policy; or U-GL-1345-C TX (03/20) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. W. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. X. Liberalization Condition The following condition is added to Section IV — Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-1345-C TX (03/20) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: BAP5480651 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: THE BOSWORTH COMPANY LTD Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE INSURED STATUS OR INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AWL Prem Return Prem. BAP5480651 08/01/2024 07/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW (04-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of 'loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph 113.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 6.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW (04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04-14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04-14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 24-13, Collision Repair Services •G DEADLINE: Wednesday, October 30, 2024 before 2:00 PM, 1 ime SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss f ille-ar. ov DATE OF ISSUE AND ADVERTISEMENT: 10/06/2024 I v REQUE PR L RFP 24-13, sion it S. Rcs No late proposals shall be acceePRIFIRs Il' be s Nitted through the Cit 's third -party g Y p Y electronic bidding platfor or u mlttjealed al proposal to the City of Fayetteville, Purchasing Division at the ca�� O GCi o aY etteville Purc Division — Room 306 t Mountain Street etteville, AR 72701 All proposals shal submitted in accordance with the attached City of Fayetteville specifications and doc e s attached hereto. Each Proposer is required to fill in every blank and shall supply all inf ti requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 1 of 22 City of Fayetteville RFP 24-13, Collision Repair Services Advertisement City of Fayetteville, AR Request for Proposal RFP 24-13, Collision Repair Services The City of Fayetteville, Arkansas, seeks proposals from qualified firms to collision repairs to City ve�s and/or equipment. Any questions regarding this RFP shall be directed to Amanda Beilfuss, City Vetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. • Solicitation documents and addenda shall be obtained at the City of Fayetteville Purc in ivision's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be receive day, October 30 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by sub a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before th e stated. No late proposals shall be accepted. Submitting electronically is strong) encouraged. t City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failur oposer' ical equipment. All interested parties shall be qualified to do bus' s licens10 cor with all applicable laws of the state and local governments where the project �ed.qZ .9regi a i with the Arkansas Secretary of State shall be valid at time of Contract awar� The City of Fayetteville reserves the riaerpiect a II PropVls a to waive irregularities therein, and all parties agree that such rejection she claim brought by any intereste of any kind against the City of Fa ette this invitation shall constitute an agre City of Fayetteville By: Amanda Beilfuss, P: 479.575.8220 aft TDD (Teleco unic' Date of adAmei This pu AmojOl >f the City of Fayetteville for any damage or r shall any interested party seek any recourse s. The filing of any Statement in response to I arty to these conditions. ns Device for the Deaf): (479) 521-1316 10/06/2024 was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 2 of 22 City of Fayetteville RFP 24-13, Collision Repair Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. References b. Current Customers •`G c. Equipment and Safety Measures Y d. Cost Summary • e. Additional Services (OPTIONAL) ` f. Submitting and responding to this RFProposals s e pr red simply and economically, providing a straightforward, concise d t/on of ' 011R, e requirements for the project. Fancy bindings, colored displays, a otio I rial a t quired. Emphasis should be on completeness and clarity of c`�'t. 11 docume phy ' a y bmitted should be typewritten on % standard 8 " x 11" white pa bounds e vol me. ceptions would be schematics, exhibits, one -page resumes, and Cit e ired for it pro I to twenty-five (25) pages or less, excluding one -page team resum r noes � orms r by the City for completion. All proposals shall be sealed upon to i►' fFayet i. Option 1 —,VOw c Sub (strongly encouraged): Proposers can go to www.fayette\tle-4.gov/L)i follow the prompts to submit a proposal within the electronic bidding platfor . If proposal is submitted electronically, a physical submission is not 11 8Ny. AILrs must register in order to be able to submit. There is no fee for r� u ion. CiN ion 2 —Physical Submittal: All Proposers shall submit one (1) original copyof their proposal nd shall be provided to the City in a sealed manner. FeclEx, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailingpackage. ro osals will be reviewed following the stated deadline, as shown on the cover sheet of this ocument. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. h. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 3 of 22 2. 4. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the atta ed service agreement must be identified in its response to the RFP. Failure to do so may lead the declare any such term non-negotiable. Proposer's desire to take exception to a non-negot, W rm will not disqualify it from consideration for award. • .6 I. Local time shall be defined as the time in Fayetteville, Arkansas on the &:eq**Ate of the deadline. Documents shall be received before the deadline time as shown b mic clock located in the Purchasing Division Office or electronic clock located in the City's t rty bidding software. • WRITTEN REQUESTS FOR INTERPRETATIONS OR CLAR TION: A No oral interpretations will be made to any firms as t he meanirspecifications or any other contract documents. All questions pertaining to the ter nd &nditio o scope f work of this proposal must be sent in writing via e-mail to the Purchasing en es t estions may be handled as an addendum if the response provides clarific &n: 6 the ents e roposal. All such addenda shall become part of the contract documen e City will of be ible for any other explanation or interpretation of the proposed RFP m 07given p o o the aw o he contract. • O DESCRIPTION OF SUPPLIES AN ES: ` Any manufacturer's names, ame, • dame, c umber, etc. used in specifications are for the purpose of describing and tablishin ral qu I els. Such references are NOT intended to be restrictive. Proposals shall be co ' re or all that meet the quality of the specifications listed for any items. In addition to all other N -%J the \NtAteville, under state law, the City specifically reserves the right to the following: a. The Cit o etteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negot t with an individual Proposer does not require negotiation with others. b. City of Fayetteville reserves the right to select the proposal it believes will serve the best t est(s) of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 4 of 22 f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to thio,,RFP on the most favorable terms available. 5. EVALUATION CRITERIA: •�G The evaluation criterion defines the factors that will be used by the selection committ aNvaIuate and score responsive, responsible and qualified proposals. Proposers shall include sufficien fo mation to allow the selection committee to thoroughly evaluate and score proposals. Each prop I fitted shall be evaluated and ranked b a selection committee. The contract will be awarded to th qualified Proposer, per the Y q p evaluation criteria listed in this RFP. Proposers are not guaranteed t obi n 6. COSTS INCURRED BY PROPOSERS: `� All expenses involved with the preparation ands issi n of r o Ts to e City, or an work performed in p p p � p Y, Y connection therewith, shall be borne solely b rropo ( ay n ill be made for any responses received, or for any other effort required o r lade b t pos s r to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interv' w ay be fe uN�d of a rm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: e a. The Proposer represe is that itrTtly has rest and shall acquire no interest, either direct or indirect, which would con ' t a y mann the performance or services required hereunder, as provided in City of Fay tevi e Code 34.26 titled "Limited Authority of City Employee to Provide Services to the Cit • b. The Proposer �II mp � anda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential c nfli is dF intere for ny prospective business association, interest, or other circumstance which ma uence or appear to influence the Proposer's judgment or quality of services being provi d uch written notification shall identify the prospective business association, interest or cmst ce, the nature of which the Proposer may undertake and request an opinion to the City as ether the association, interest or circumstance would, in the opinion of the City, constitute a on ict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer s opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 5 of 22 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. I proposals shall be received in the Purchasing Division BEFORE the deadline stated. The o� clock to determine local time shall be the atomic clock located in the Purchasing Division,��,l,� 306 of City Hall, 113 W. Mountain, Fayetteville, AR. ♦ (V" 11. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: J� The laws of the State of Arkansas apply to any purchase made under this r proposal. Proposers shall comply with all constitutional, state, and federal directives, orders and s applicable to this proposal and subsequent contract(s) including but not limited to Equal Employ mere Op rtunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to t ontract. `` 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Propos e Prop e t e available to all Government agencies, departments, municipalities, an u ies, t sal pr' e s mitted in accordance with said proposal terms and conditions therein, s I ny said go nme y desire to buy under this proposal. Eligible users shall mean all state o�k nsas ge es, the is ive and judicial branches, political subdivisions (counties, local distri s ool bpa scmun' col ges, municipalities, counties, or other public agencies or authorities), ay cle urcha r the terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or h i�a ire to th'osal, agrees to the following: "Proposer certifies that their proposal is made without revi us uncle ng, agreement, or connection with any person, firm or corporation making a proposal for e same ' ems) and/or services and is in all respects fair, without outside control, collusion, fraud, r} ieo�wise �l Lion." 14. RIGHT TO AUDIT OIAAS� JURIS CI `: a. The Cli?� tteville reserves the privilege of auditing a Contractor's records as such records relate to putween the City and said Contractor. 0b. dom of Information Act: City contracts and documents prepared while performing City on actual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information ct request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 6 of 22 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this cont xcept as specifically stated in the subsequent sections of this document, which take precedence, a con be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: J� Persons with disabilities requiring reasonable accommodation to participate ' l,t roceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than ays prior to the deadline. Persons needing translation of this document shall contact the City q F tteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certi f Insu n ofe I liability insurance in the amount of $1 million US dollars, at minim S h Cer i Ins e all list the City as an additional insured and not be required unless fi i selected. uranc a remain valid throughout contract completion. 19. PAYMENTS AND INVOICING: ♦ O The Proposer must specify ro ♦ exact c y name and address which must be the same as invoices submitted for p ment as It of f this RFP. Further, the successful Proposer is responsible for immediately noti ' th urch ivision of any company name change, which would cause invoicing to change from e n me use time of the original RFP. Payment will be made within thirty days of invoice received. T ity of yet ville is very credit worthy and will not pay any interest or penalty for untimely pay s.♦,Paynq be processed through Proposer's acceptance of Visa at no additional costs to they W exp a ent processing. The City will not agree to allow any increase in hourly rates by V 0 ct wit ut IOR Fayetteville City Council approval. 20. CANCELLATI a. T ity serves the right to cancel this contract without cause by giving thirty (30) days prior notice e Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails o Ifill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 7 of 22 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: 22 23 24. a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provid n notice to the City within thirty (30) calendar days of Contractor's notice of such action oi* n t e occurrence of said action, whichever occurs first. J NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Co or for all work of this type, p g Y Yp which may develop during the contract period. This is not an exclusive c tra The City specifically reserves the right to concurrently contract with other compa for similar XV it deems such an action to be in the City's best interest. In the case of multiple -phase ntracts, thi�ision shall apply separately to each item. LOBBYING: ` Lobbying of selection committee mem s, ity of Fay eville p ees, or elected officials regarding request for proposals, request for qua bons, bi o ontracts, ri the pendency of bid protest, by the bidder/proposer/protestor or any er of a der's/ os is/protestor's staff, and agent of the bidder/proposer/protestor, or n son d by I entity affiliated with or representing an organization that is response re ♦ propo uest for qualification, bid or contract, or has a pending bid protest is strictIliprohibitli r upo v tisement or on a date established by the City of Fayetteville and shall be prohibitg,yu ti ither a is final or the protest is finally resolved by the City contacting the Purchasing Divisio procurement process influencing or atteml attempt to obt shall prohibit a prospective/bidder/proposer from !!lbtions such as clarification and/or questions related to the ision lobbying activities shall include but not be limited to, non -action in connection with any request for proposal, indirect oral or written communication or an kdwill of persons and/or entities specified in this provision. Such actions may cause any , request for qualification, bid or contract to be rejected. Lserves the right to request additional services relating to this RFP from the Proposer. When by the City as an amendment to the contract and authorized in writing prior to work, the Contractor I provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 8 of 22 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. !b 27. OTHER GENERAL CONDITIONS: e a. Proposers must provide the City with their proposals signed by an employee h 'Agal authority to submit proposals on behalf of the Proposer. The entire cost of preparing oviding responses shall be borne by the Proposer. b. The Cityreserves the right to request an additional information i psnecessary from an or all g q Y �� Y Proposers after the submission deadline. �•/ This solicitation is not to be construed as an it commit the City to pay for any coots understood that any costs incurred byx Proposer's own risk and expense as s 40 f for reimbursement to the Propor and proposal is accepted. /\ w If products, compone the Proposer must i information must be Any uncertainties shall a (479.575.8220) or a-mai Fayetteville Purch s, p of the scope oNes r o parties to jk const • N Vcommitment of any kind; nor does ser in reparation. ii snaii oe cieariy iin is request for proposal is at the e it f Fayetteville shall not be liable �r regardless of whether or not the scribed in this bid document are proposed, nature for each. All requests for additional following the request. t tox"Vention to Amanda Beilfuss immediately via telephone ss fa teville-ar. ov). It is the intent and goal of the City of Pide documents providing a clear and accurate understanding and/or goods to be provided. We encourage all interested all Proposers to be on equal terms. Any ir(q rTis -or requests for explanation in regard to the City's requirements should be made p ptl to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail ilfuss fa etteville-ar. ov) or telephone (479.575.8220). No oral interpretation or clarifications OVil e given as to the meaning of any part of this request for proposal. All questions, clarifications, knd requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 9 of 22 h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit an RFP's content or to exclude any relevant or essential data. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any all d lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract of onies due or to become due hereunder without written consent of City of Fayetteville. In cas tt ccessful Proposer assigns all or any part of any monies due or to become due under this C traZ't, the Instrument of assignment shall contain a clause substantially to the effect that it is a he right of the assignee in and to an monies due or to become due to the successful Pro o e subject to prior liens of Y p J all persons, firms, and corporations for services rendered or mate�jials plied for the performance of the services called for in this contract. ` The successful Pro p oser's attention is it ed t the fa Wr fall licable Federal and State laws municipal ordinances, and the rules an tions iti ingjurisdiction over the services shall apply to the contract through t, n they I eme o Iuded in the contract as though written out in full herein. The su s I Proposer all ke i If/herself fully informed of all laws, ordinances and regulations of rederal, t , and m i governments or authorities in any manner affecting those en g or enipl y prov�1) th se services or in any way affecting the conduct of the services n II or s decreQzncy dies or tribunals having any jurisdiction or authority over sam y di or inZY should be discovered in these Contract Documents or in the s ecificatio� in refe in relation to any such law, ordinance, regulation, order or decree, s/he shalJ�r wi report;tine in writing to the City of Fayetteville. CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 10 of 22 City of Fayetteville RFP 24-13, Collision Repair Services SECTION B: Scope of Services and General Information 1. INTRODUCTION: 2. The City of Fayetteville is requesting proposals from qualified proposers to provide automotive body damage repair services and related mechanical repairs to city vehicles. This shall include, but is not limited to; cars, trucks (light and heavy), vans, fire apparatuses, trailers, etc. The intent is to establish annual cacts with multiple qualified firms for these services. The awarded Proposer ("Contractor") are en( 5o submit proposals for all or any combination of vehicle class categories shown: 1 O% Car 17 6-Toyota 2-Ford er Van/SUV 102 87- Chevy 4- Honda Other Light Duty Truck 149 59- Ford 7- Chevy - Other Heavy Duty Truck 125 27- Freightliner 23- Peterbilt 75- Other Off Road 165 34- Bobcat 28- Caterpi r 103- Other Trailers 128 9- Triple 6- Bell t 113- Other Motorcycle 5 Harley *Repairs for other specialized egWnot listed &v may be needed.* SCOPE OF WORK: (��J•` The Contractor shall be responsible f king ge al body d red mechanical repairs related to accidents and vandalism to the Cit ' d and i�ntain ve les and equipment. a. Estimates —Repairs t� be a*ti>E�'d by an compensated for, to the extent as specified in the written damage rE Contractor, or pri subsequently amE from Fleet and/or to the City's Fleet Division ("Fleet") by the -t and the Contractor. Estimates may be en damages, but only with prior approval Estimates clearly ilk I%Aupplied parts and repair materials as: 1. "`` �iiginaquient Manufacturers (OEM) �"ew "after- t" V Used OEM stimates shall be based upon and supported by standard reference publications generally recognized for the use by the auto body repair industry, such as CCC Pathways software, Mitchell's, or Motor's Collision Repair manuals. The estimates shall state the reference publication used. iii. Estimated completion times shall be furnished on each estimate. Fleet may approve additional time to complete repairs for previously hidden damages or non -availability of repair parts upon Contractor's request and documentation. b. Repairs — Quality of the completed work for fit, finish, sheet metal work, overall painting, paint blending, and patching must be acceptable to Fleet. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 11 of 22 i. The standards for repairs are: 1. Repaired surface area(s) shall match the rest of the vehicle in color, fit, and/or finish. 2. All auto body and repaired parts and/or materials used in the repairs shall be certified by the manufacturer as meeting Original Equipment Manufacturer (OEM) specifications. ii. When non -OEM auto body parts are approved for use, such parts shall be certified by the Certified Auto Parts Association (CAPA) and warranted by the Contractor as beingiskal in kind and quality in terms of fit, performance, and overall quality to the original ma rer parts they are replacing. iii. Fleet may elect to provide required parts to Contractor. In such case`actor will NOT be required to warranty the provided parts and/or labor required work due to failure of Fleet provided parts. iv. Accident related damage(s) discovered by Contractor ubsequent to completion of the estimate and which were omitted fro timate f�,� n damages"), shall be reported to Fleet and/or insurance for a sup le m ntal cla' obtain authorization to make such additional repairs. ej c. Performance — Fleet will use the f items hout t Ri- ionof the contract to evaluate g Contractor performance: IqNZ i. Number of times v i Tare sin 1►for re k ii. Number of t* e k n t eted on iii. Number of in icing errs` iv. Number of estima ring su ntary repairs v. Costs of supplem repairs its vi. Scheduliny�i, � d. Additional Req irel�ents — ` y G i. Vktor shall be liable for the security and safekeeping of the vehicles including a hments, components, emergency signal equipment, tools, and radios when in the C ntractor's possession, including transportation to and from Fleet. ii. Contractor shall maintain records and comply with all applicable EPA and OSHA requirements governing auto body repair (further details within Conditions and Instruction). Records of all hazardous waste removal shall be made available to Fleet or its assigned agents. iii. Contractor shall maintain vendor receipts for parts used in performing the needed repairs. Parts pricing shall be subject to audit by Fleet to verify the markup specified in the pricing schedule. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 12 of 22 4. PAYMENT: The City shall pay Contractor only for work specifically authorized and performed per the estimate and/or any previously approved supplements. Payments shall be made once a Fleet representative has accepted and approved the repairs, noting satisfactory completion and signing the Contractor's invoice. Payment may also be made by private insurance companies directly to the Contractor. 5. INSURANCE: Contractor shall provide a Certificate of Insurance supplying commercial general liability cove prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additiona 47ed. Listing the City of Fayetteville as a Certificate Holder is NOT an acceptable substitute. Insuraccl s remain valid throughout project completion. The following list of insurance coverages shall be conk\red the minimum coverage the City will accept: i. Worker's Compensation Insurance: Statutory Amount i�icable ii. Automotive Insurance covering all vehicles and trailers if • iii. General Liability: $1,000,000 each rrence; $3 &00 aggregate 6. CONTRACT FORMATION: • If the negotiation produces mutual agreem � cont �be c s red for approval by the City of Fayetteville City Council. If negotiations highes n g Pr r f il, negotiations may be initiated with the next highest-ranking Proposer an agre ent rea e City reserves the right to reject all offers and end the process without ing a c ct. 7. CONTRACT TERM: • 5�1 Contract shall be considere valid for �) Year fftn uncil approval with four (4) annual, automatic renewals pending City Council app v I e ann get. The contract may be terminated by either party with thirty (30) days written not e w*ut p 8. SELECTION CRITERIA: 0 *1 • The following criteria b sed y t ity to evaluate and score responsive proposals. Proposers shall include sufficient ' for ation to all e City to thoroughly evaluate and score the proposal. Each proposal � Y g Y p p p p submitted is mired to be ranked by the selection committee. The contract may be awarded to the most qualifie r per the evaluation criteria listed below, based on the evaluation of the selection commit . Foll wing the evaluation of the proposals, the Selection Committee may request that the top- ranki (s) make an oral presentation or be interviewed. If presentations are necessary, they will take pl Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. Selection Criteria includes: 30% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the consultant, partners, and project team. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 13 of 22 2) 25% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 20% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. !b 4) 15% Past Performance: Previous evaluations shall be considered a significan0�. If previous evaluations with the City are not available, the professional fir erformance records with City and others will be used, including quality of w k�ely performance, diligence, and any other pertinent information. Firm will pr 'de list of similar jobs performed and person whom the City can contact for inf Z 5) 10% Cost/Fees: Complete costs and fees as described in thi F ?cd for delivery of the proposal including fiscal feasibility and finan stability. All hall be clearly identified with RFP response and be itemized as much possible. ,Q • O a. � O O � ci OD *i • �. G DC CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 14 of 22 City of Fayetteville, AR RFP 24-13, Collision Repair Services SECTION C: Information and References 1. COMPANY INFORMATION: The following information is required from all firms so all Proposals may be reviewed and properly evaluated: a. Company Name: b. Number of Years in Business: Length in Current Location: c. Current Number of Mechanics/Technicians: ` d. Average Years of Personnel Experience: e. Hours of Operations: Mon: Tues: Wed:�Thur: Fri: 111u n: f. Do you have a frame machine on site? g. Please list ALL certifications possepersoi, ♦ O Q "INI60F O h. Please list any awards cognitions r d within the last 3 years: I i. Wh q yo r towing capabilities? j. lease list and specify any vehicles or repairs you cannot accommodate: City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 15 of 22 3. REFERENCES: Please list four (4) references that you have previously performed contract services for within the past five (5) years (all fields must be completed): 1. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS COMPANY NAME CITY, STATE, ZIP �✓ CONTACT PERSON A� TELEPHONE X NUMBER N ♦ � E "Al S ,Q ♦ o a. 3. r \O �4. COMPANY NAME ` COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP Cj CONTACT PERSON CONTACT PERSON TELEPHO? TELEPHONE i T% FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 16 of 22 FAX NUMBER E-MAIL ADDRESS City of Fayetteville RFP 24-13, Collision Repair Services SECTION D: Cost Summary 1. COST PROPOSAL: The Contractor agrees to provide the requested services/installation and equipment for automotive body damage repairs in compliance with the specifications, terms and conditions herein, as follows: a. Proposed Warranty Period and Limitations (if any): Body: • V Paint: • Mechanical Repairs: b. Proposed Labor Rates: City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 17 of 22 Service • Rate Unit Body Work Repairs � Per Hour Paint/Refinishing Repairs Per Hour Mechanical Repair c. Proposed Contractor's markup for repair parts: d. Proposed percentage of markup, if any, on sublet repairs: e. Proposed reference used for hourly labor repair estimates: Is contractor willing to travel to Fleet's facility (1525 S. Happy Hollow Road, Fayetteville, AR 72701) to provide an estimate on a vehicle or for transport to and from Fleet? If not, please specify if�re would be exceptions: C4- g. Proposed price for painting (including total prep time) vehicle categori ed below: L;404, Category Entire Door Hood F*r k Tailgate / Bumper Vehicle/Item Hatch Car $ $ Q $ $ ♦ #11 #& 4.- ^ Compact Car $ $ $ $ $ $ Van/SUV $ 007 $ $ $ Regular Cab $ $ ♦`� $ $ $ $ Pickup Extended Cab $ $ $ $ Pickup Crew Cab $ $ $ $ $ $ Pickup 1 ♦ Motorcycle tx $V $ $ $ $ Trailer ry $ $ $ $ $ $ e Trucks and Fire Apparatus (may include, but not limited to Sewer/Vac trucks, trash/recycling collection trucks, dump trucks, and other various specialty type heavy vehicles. ie $ $ $ $ $ $ Apparatus Heavy Duty $ $ $ $ $ $ Truck City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 18 of 22 2. PRICES: a. All prices quoted (based on hourly labor rates) shall remain firm for the initial contract period. If the contract is renewed, prices may be adjusted during each renewal contract period according to the terms listed within the Price Escalation/De-escalation below. 3. ESCALATION/DE-ESCALATION: a. Contractor may request an hourly labor rate price adjustment no more than one (1) ti ring any Contract (renewal) period. Renewals are one (1) year from Contract award by Fayetteville# Council. b. Price adjustments shall be based on the percentage change of the Consumer Pric ex — Urban Wage Earners, and Clerical Workers (CPI-W) United States City Average; not season a4y justed for Series Id: Other Services as published by the United States Bureau of Labor Statisti s � latest twelve months, for which statistics are available. The percentage change shall be appli e (then) current Contract labor rates in effect for the City. The newly adjusted prices shalec e effective upon a mutually acceptable date and shall affect all repair work r uested on ors& that date. All in shop/in progress work shall be completed and billed at the previous ract priq� c. Price adjustments will not be automatic.6N%+,Cnractor R mi itten request to the City's Fleet Division. d. Based on economic factors and/o r` con i s, Fleet the right to request a reduction in price at anytime during the Co r eri4. �e in6ha a applied in the same manner as above for price de-escalation adju �s). � O 1, NY Cj D� Ci CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 19 of 22 City of Fayetteville RFP 24-13, Collision Repair Services SECTION E: Signature Submittal 1. DISCLOSURE INFORMATION a. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City o�yetteville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in y� u nse. Failure to disclose such a relationship may result in cancellation of a purchase and/ ract as a result of your response. This form must be completed and returned in order f r id/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP"" T Y APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISI,?"** 2) RELATIONSHIP EXISTS (P tplain): • b. I certify that; as an offs hi tion, r he attached letter of authorization, am duly authorized to certify the nform 3�oviclecl is accurate and true, and my organization shall comply with all State and Fe I 1 Opgorlj and Non -Discrimination requirements and conditions of employment. c. Proposer agrees th t h P%11 halt c ent, valid registration with the Arkansas Secretary of State at time of RFP deadliK e a e t ovide proof of registration before recommendation of award to Fayetteville Ci C(Ancil. d. Pursuant r as Code Annotated §25-1-503, the Contractor agrees and certifies that they do not curr t boycott Israel and will not boycott Israel during anytime in which they are entering into, or while c n ct, with any public entity as defined in §25-1-503. If at any time during contract the contractor e ' es to boycott Israel, the contractor must notify the contracted public entity in writing. e. ursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 20 of 22 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Title of Primary Contact: •G Phone Number (cell preferred): E-Mail Address: 3. ACKNOWLEDGEMENT OF ADDENDA • Acknowledge receipt of addenda for this invitation t request N osal, or request for qualification by signing and dating below. All addendums are hereb ade a pe bid or RFP documents to the same v extent as though it were originally included th*r oposer rs sh d indicate their receipt of same in the appropriate blank listed herein. Failure S o m t n r to disqualification. ADDENDUM NO. SI REANDPPkTED AMP DATE ACKNOWLEDGED r low 4. DEBARMENT CERTIFIC a. As an interest arty on this pr ect, you are required to provide debarment/suspension certification indicating o iance with the below Federal Executive Order. Certification can be done by completing and s ing t ' form. b. ra xecutive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving idual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any ederal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 21 of 22 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX I D #: PHONE: E-MAIL: By submitting your respc SIGNATURE: PRINTED NAME: TITLE: City of Fayetteville, AR RFP 24-13, Collision Repair Services Page 22 of 22 AR. SECRETARY OF STATE FILING #: FAX: �� C END OF RFP DOCUMENT