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HomeMy WebLinkAboutResolution - 2011-R0509 - Contract - Ywllowhouse Machinery Company - PM Services And Fleet Repair - 11/16/2011Resolution No. 2011-80509 November 16, 2011 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No 10279-3 for Heavy Duty PM Services and repair of City of Lubbock fleet, by and between the City of Lubbock and Yellowhouse Machinery Company, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 16, 2011 TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretar APPROVED AS TO CONTENT: Mark earwood, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Ch9d Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Yellowhouse Machinery Co. November 1, 2011 Resolution leo. 2011-RO509 CONTRACT NO. 10279-3 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES FOR HEAVY DUTY PM SERVICES AND REPAIR OF CITY OF LUBBOCK FLEET THIS CONTRACT, made and entered into this 16th day of November, 2011, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Yellowhouse Machinery Company ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Heavy Duty PM Services and Repairs of City of Lubbock Fleet and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Heavy Duty PM Services and Repairs of City of Lubbock Fleet. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will provide to the City, Heavy Duty PM Services and Repair of City of Lubbock Fleet, and more specifically referred to as item(s) 1-6 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The Contractor shall perform the work according to the procedure outlined in the Bid Form or in the specifications attached hereto. 3. The contract shall be for a term of two (2) years, with the option of three (3), one (1) year extensions, said date of term beginning upon formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. Written consent from both parties is required for all price adjustments. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either parry with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under the Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 7. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Automotive Liability Combined Single Limit $500,000 Any Auto Garage Liability Any Auto $500,000 Workers Compensation $500,000 The City of Lubbock shall be named as primary additional insured, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. &. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. This Contract consists of the following documents set forth herein, Invitation to Bid No. 12- 10279 -CI, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK: Tom Martin, Mayor ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: C -1-n cyt �� Mark tearwood, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Z9 0/vIlv,1-� Assistant City Attorney CONTRACTOR: BY Authorized Representative's Signatu Print Name Address �IG4 / �c� h LZL—k TX City, State, and. Zip Code Heavy Duty PM Services end Repairs of City of Lubbock Rost, Bid No. 12-10279-0 City of Lubbock, Texas Purchasing and Contract Management *****REVISED***** ft F191 ON�i In compliance with the Invitation to Bid 12 -10279 -CI, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to provide Authorized maintenance and repairs to City of Lubbock for, Heavy Duty & Off Road Equipment - (a list of types of vehicles and equipment is included in the specifications) at the labor rate and parts markup as listed below and/or attached. The Invitation to Bid 12 -10279 -CI is by reference incorporated in this contract. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Bid Form must be completed in blue or black ink or by typewriter. Heavy Duty & Off Road Equipment - (All Types) 1. What is your Labor Rate per hour for In -Shop repairs? $ 2. What is your Labor Rate per hour for On -Site repairs? $ 3. What is your Labor Rate for Preventive Maintenance Services? $ 4. What is your Labor Rate for Repair Services? $ L S. What is your % Mark-up for Factory authorized parts? & 6. What is your initial fee for first time call out on Preventive Maintenance Services? 7. Do you provide towing? h c_ _ If yes, what is the charge within city .5 14 oa ts limits? Reference specifications, page 28, Pick Up and Delivery)I Ml 8. Could you respond to a pick-up 24 hours a day? / 6 V 9. What brands is your Company factory authorized to perform maintenance and repair on? t�nn �eeR� j Bom+gj 14. What types of vehic}�es & equipment are fou bidding for the maintenance and repair for? R�(y F-c01A;P. �'f°n,�; On kk LI) nh 0 V Fo+f-4 W0121el &'orl Attachments needed with the Bid form include: ■ PM Service Level descriptions ■ Sample PM Inspection Sheet ■ Sample Labor & Parts Estimate and Invoice The City owns and operates equipment manufactured by but not limited to the following list of manufactures : Al -Jan, Alliance, Altec, ATI, Belshe, Bobcat, Bomag, Brado, Bush Hog, Case, International, JCB, John Deere, Kubota, Land Pride, Leeboy, MCFA Vermeer Red, Maxx Skyjack, Volvo New Holland Kobelca Linkbelt Mahindra. BIDDER'S INITIALS: 0 A Page 4 of 32 NA L— Heavy Duty PM Scmices and Repairs of City of Lubbock Fleet, Bid No. L2 -10279-C1 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of e, netocalendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES x X x _ NO If you (the bidder) checked YES, the following will apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. Page 5 of 32 0 a6--Tk) � I- THIS BID IS SUBMITTED BYA the Iaws of the State of X� or an individual trading as Duty PM services and Repsin of City of Lubbock Fled Bid No. 12 -10279 -Cl or a partnership consisting of of the City of f Address: 3 4/05 E 5 14 a City: vi b Bidder acknowledges receipt of the following addenda: Addenda No. Date �G I Addenda No. Date Addenda No. Date Addenda No. Date M/WBEI I Woman Firm: Hispanic American State:^ Black American Asian Pacific American v Authorizeed Representative _ must sign by hand A7 Officer Name and Title: LiW Please Print Business Telephone Number ;4 / 7— ,�Uq I E -Mail FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named FirnAndividual: corporation organized under Native American Other (Specify) 17 / t�- FAX: 3 Z,5- � 72- �Zk 92. Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TMiE, AND YOUR COMPANY NAME AND ADDRESS. Page 6 of 32 Heavy Duty PM Services and Repairs or City of Lubbock Fleet, Bid No. 12 -10279 -Cl City of Lubbock, Texas Purchasing and Contract Management GENERAL SPECIFICATIONS FOR HEAVY DUTY PM SERVICES AND REPAIRS OF CITY OF LUBBOCK FLEET Scope The City of Lubbock ("the City) is seeking a contract for Heavy Vehicle & Equipment Maintenance and Repair, including hydraulics, welding and fabricating. The successful bidder ("the Vendor") will provide corrective maintenance and repairs to heavy vehicles and equipment not covered under any manufacturer's warranty, unless the Company is the authorized warranty dealer, to maintain fleet availability for the City. Maintenance and repairs include, but are not limited to, the following: • Axles • Brakes, Hubs & Bearings • Steering • Suspension • Drive Shafts • Automatic Transmissions • Charging Systems • Cranking Systems • Ignition Systems A. PM Service Intervals • Lighting Systems, Electrical Accessories • Engines • Exhaust Systems • Fuel Systems • Power Take -Off (PTO) • Buckets / Booms • Air Conditioning, Heating, & Ventilating System PMs and repairs will need to performed on the owner's site. Based on the specialty of the some of the equipment, mostly located at the Landfill, additional work may need to be performed at certain PM levels, i.e. belly pan drops. In general, PMs should be done on the following intervals and should include but not limited to the following: 1. 250hr Interval ➢ Check & sample engine oil ➢ Check all fluid levels ➢ Grease the machine ➢ Change engine oil & filter ➢ Replace secondary fuel filter ➢ Inspect & test machine operation 2. 500hr Interval -- All from above level plus ➢ Check & sample oil compartments ➢ Sample Level I coolant 9 Replace transmission & hydraulic filter ➢ Clean engine breather ➢ Inspect & test machine operation 3. 1000hr Interval — All from above levels plus ➢ Sample Level II coolant Drain & refill transmission oil compartment ➢ Clean transmission & torque converter Page 25 of 32 Heavy Duty PM Services and Repairs of Ciiy or Lubbock Fleet, Bid No. 12-10279-C1 ➢ Inspect & test machine operation 4. 2000hr Interval — All from above levels plus ➢ Brain & refill hydraulic oil compartment ➢ Drain & refill final drive oil compartment Check valve adjustment on engine ➢ Inspect & test machine operation B. Factory Authorized Please be prepared to present a letter from the manufacture for the equipment Bidder is factory authorized to repair and service. C. Work Orders All invoices for work performed will be required to have a City of Lubbock work order number, a Vehicle number and a detailed description of work performed. Failure to provide any of this information on invoices will result in delay of payment or non-payment. D. Equipment & Truck Categories There are approximately forty-four (44) items in the City of Lubbock inventory that could be included under this bid. The following is a list of the year models and types of vehicles and equipment that could be included in this maintenance and repair contract: Yr Description 2009 ALJN 500C I COMPACTOR 2008 BOBCAT LOADER 5300 2005 BOMAG BC772RB 2007 BOMAG COMPACTOR 2009 CASE 580SM 2002 CASE 721C WHEELED LDR 2009 CASE 721E Z -BAR LOADER 2008 CASE LDR 821 E 2006 CAT 613 SCRAPER 2008 CAT D6K DOZER 2009 CAT D8T D8 DOZER 1999 CAT GRADER 2001 CLARK FORKLIFT 2006 DOZER D7R II 2004 DUMP A25D 2009 DYNAPAC ROLLER CC 142 1997 EXCAVATOR 1996 FORD 675D BACKHOE 1975 GALION 160 GRADER 2008 GRADALL EXCAVATOR 1984 HIGHLIFT FORKLIFT 2010 HYUNDAI WHEEL LOADER Yr Description 2008 JCB VIBROMX 1800 2008 JDEERE 755D 1992 JDEERE GRADER 1998 JDEERE LOADER 1991 JDEERE LOADER/BHOE 2010 LEEBOY 400T ROLLER 2008 LEEBOY 785 MG 2007 LINKBELT EXCAVATOR 2003 LOADER 721D 2010 NILFISK AD SDWLK SWPR 1999. NORDBERG SCREENER 2011 PC78US-8 EXCAVATOR 1980 RAYGO ASPHALT RLLR 2006 SCRAPER 627G 2007 SCREEN CRUSHER 2008 SCREENER SCALPER 77C 2011 VERMEER TRENCHER 2008 VOLVO L70F WHEELED LDR 1994 VOLVO LOADER 2011 VOLVO M120 MOTOR GRADER 2002 VOLVO MOTOR GRADER Page 26 of 32 Heavy Duty PM Services and Repairs ofCity of Lubbock Fleet, Bid No. 12-16279-C1 Labor Guide The vendor is required to provide the name of the current Labor Guide software and version used to provide repair costs. The City of Lubbock reserves the right to audit the labor hours charged out to each job. All overcharges will be brought to the attention of the vendor. The vendor shall issue a check for the overcharge amount. The check shall reference the City of Lubbock's work order number. If the program is proprietary, the vendor shall grant access to the City of Lubbock's Fleet Services Department for audit purposes, as needed. Program Name 1 Version Work Authorization Vehicle shop repairs will be estimated on a per job basis with a fixed SHOP LABOR RATE per hour as stated on the Bid Form. Prior to the start of any vehicle repair, the vendor must provide a written repair estimate by a trained technician. Estimates must include parts at the quoted cost rate and labor. All estimates shall be at no charge to the City. The vendor must obtain a work order number and authorization to perform the work from the City of Lubbock fleet department designee before making any repairs. The vendor must also obtain City approval for the type of repairs and the cost of repairs before proceeding with the work. The vendor must submit a copy of the work order along with the vendor's invoice itemizing the labor hours, hourly labor rate, supplies, cost of supplies, parts list, and price for each part. The work order must contain the vehicle number assigned by the City, the VIN number, and the current vehicle mileage or hours. If any of the information is missing or incorrect, the vendor will not be reimbursed for any services, parts, or supplies. Repair Time Notifications The vendor must make a determination of the repairs, costs and times and notify the City within 24 -hours after receiving the vehicle or equipment. Repeat Repairs The vendor will be responsible for correcting all previous repairs performed by the vendor that were incorrectly repaired or the repair failed to correct the reported deficiency. The vendor will be responsible for the total cost of the repair including any replacement parts. In the event of a Repeat Repair, the vendor shall open a new vendor work order. The new vendor work order must indicate on the work order "repeat" or "return" work. Copies of the original City and vendor work orders and any applicable invoices shall be attached to the new work order. Page 27 of 32 Heavy Duty PM Services and Repairs of City of Lubbock Fleet, Bid No. 12 -10279 -Cl Pick -Up and Deliver The bidder's bid may include a separate price for pick-up and delivery of heavy vehicles or equipment. The bidder must indicate on the Bid Form the additional charge, if any, for this pick- up and delivery service. The City reserves the right to use this service as needed. Vehicles must be picked up by City personnel or delivered to a City location within 24 -hours after the vehicle has been repaired. Parts Supplies and Services The vendor must use their own parts and/or supplies in completing all repairs. The vendor's invoice must include charges for all parts, supplies, and services used in making repairs. The vendor must return all parts that were removed and replaced during the repair of the vehicle or equipment upon completion of the repair(s) and the parts must accompany the vehicle or equipment. The vendor is responsible for all core returns and credits. Bid submissions Bids will be awarded by category of vehicles and equipment. Bidders need to list the type of vehicles and equipment in which they would like to bid on. Bidders are responsible for submitting all relevant, factual and correct information with their bid. If additional sheets are attached to the bid submittal package, the bidder shall clearly cross-reference the appropriate location in the bid solicitation (i.e. page number, paragraph, subject, etc.) Invoices Invoices will show only the cost rates indicated on the Bid Form. Any additional charges or fees not listed will be disallowed from any invoice. Vehicle shop repairs will be billed per the approved estimate. An individual Purchase Order shall be issued for vehicle shop repairs. No delivery or repair shall be performed without proper authorization. Invoices for parts purchased by the Company for all repairs to City vehicles and equipment will be made available for inspection by a City representative upon request. Invoices must display the company name imprinted on the face, the parts purchased and the date of the purchase. Repair invoices should match the parts invoice when there were replacement parts required for the repair. If a request is submitted by the City to review a particular invoice, that request will be met within 24 hours from the time of the request. Vehicle Picku The vendor is responsible for any damage to the vehicle or equipment while in the vendor's control. The City shall be responsible for damages after the vehicle or equipment has been delivered to a City representative and said representative has inspected the vehicle or equipment and has verified that no damage occurred during the repair process. Page 28 of 32 Heavy Duty PM Services and Repairs of City of Lubbock Fleet, Bid No. 12 -10279 -CI In the event that a vehicle is scheduled to be picked up from the City for repairs, the vehicle will be: (1) picked up by tow vehicle/wrecker, or (2) driven to the repair destination by a licensed and insured individual representing the vendor. Special Requirements 1. Vendor to provide secure shelter for City vehicles. 2. Estimate must be submitted to Fleet Services within 24-hour period of request. 3. All furnished parts must be OEM or OEM re -cycled parts. 4. All suspension or steering components must be OEM only. 5. All repairs and parts shall be covered under the recommended OEM warranty. The vendor is required to submit the warranty documentation for each repair and part(s) used for repair to the City of Lubbock Fleet Services Department. 6. Will there be an initial fee for the first time out for the PM? If so, what will the fee be based on? 7. After work is performed on the equipment, testing of the equipment must be completed with City of Lubbock staff present before the vendor leaves the site. A PM inspection sheet outlining what was performed on each PM will need to be provided to the City of Lubbock signed by the vendor's technician who completed the work. Page 29 of 32