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HomeMy WebLinkAboutResolution - 2015-R0050 - Bolton Oil - 02/12/2015No. 2015-R0050 iary 12, 2015 No. 5.12 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. 12186 for full-service oil change services per ITB 15 -12164 -SS, by and between the City of Lubbock and Bolton Oil Company, Ltd., of Lubbock, Texas, 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 this L2tb._ day of February 2015. __ A�l GL RO ERTSON, MAYOR 0 Garza, City Secretary W. WE Scott Snider, Assistant City Manager APPROVED AS TO FORM: J "LauriPratt, Assistant City Attorney Resolution -Bolton Oil Change 1.7.15 January 7, 2015 Resolution No. 2015-R0050 City of Lubbock, TX Contract for Services Oil Change Services Contract 12186 THIS CONTRACT made and entered into this 12`" day of February, 2015, by and between the City of Lubbock ("City"), and Bolton Oil Company, Ltd, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Oil Change Services 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 Oil Change Services. 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: In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Oil Change Services and more specifically referred to as Items One thru Seven and Eleven thru Thirteen on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of four, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party 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 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 City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 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 General Liability 1,000,000 Commercial General Liability General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability 500,000 Any Auto Garage Liability Workers Compensation 500,000 Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and non-contributory basis on auto/general liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. Copies of all endorsements are required. 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. 7. 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. 8. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, 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 this 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. 10. All funds for payment by the city under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the city of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract insurance requirements. 12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 15- 12164 -SS, 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 Mayor ATTEST: Reb cca Garza, City Secre APPROVED AS TO 9ONTE T: Scott Snider, Assistant City Manager APPROVED FORM: Q aur Pratt, Assistant City Attorney CONTRACTOR BY Auffo-rized Representative icy// Print Name Pa. ✓_?oy- 3M7 Address / OW -50 -- City, State, Zip tode BOLTON OIL COMPANY PO BOX 3176 LUBBOCK, TX 79452 City of Lubbock, Tx Oil Change Services ITB 15 -12164 -SS Specifications INTENT The City of Lubbock seeks bids for a one year contract with four additional one year extension options, to provide full-service oil change services for the City of Lubbock, servicing approximately 265 sedans, 245 Police and Fire SUVs, 380 pickups, and 50 vans throughout each calendar year. The bid includes the requests for pricing the additional optional services for transmission service, air filter replacement, and windshield wiper blade replacements. These service requirements are based on the manufacturers, and the City of Lubbock Fleet Services requirements. For purposes of this request, bidders should prepare the quotation with the intent of providing a minimum of three and a maximum of four oil change services annually per vehicle. Also, include the cost of providing at least one transmission service annually per city vehicle. SCOPE OF WORK Multiple Awards: In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this bid; however, is an option reserved by the City, based on the needs of the City. 2. Standard Warranty: Any materials and labor provided shall cant' standard warranty coverage furnished by the trade in general. 3. OSHAIWISHA: The Contractor agrees to comply with the conditions of the Federal Occupational Safety and Health Act of 1970, the Texas Industrial Safety and Health Act of 1970, and the standards and regulations issued thereunder, and certifies that all items furnished and purchased under the order will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless Purchaser from damages assessed against Purchaser as a result of Contractor's failure to comply with the Acts and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 4. Drug and Alcohol Testing Program: Vendor shall have a Drug and Alcohol Testing Program in place. a. Explain how you plan to meet requirements for driver testing and safety sensitive employees. Include plan for the pre-employment, probable cause, post -accident, and random testing. b. List name of certified laboratory used for testing and chain of custody procedures. C. Attach a copy of your company's Drug Free Work Place Policy. STurchase/Bid Docs/rrB 15 -12164 -SS, Oil Change Services 28 5 Full -Service Oil Change Service: The following listing includes services and items that shall be included in your bid. These services shall include the basic engine oil, oil filter, air cleaner replacement (as needed), chassis lubrication, vehicle inspection, and preventative maintenance checks: Drain engine oil and remove engine oil filter. Dispose of these in accordance with Federal and State requirements. Install new engine oil filter and fill engine with oil. Oil shall meet all OEM warranty, and viscosity level requirements as required by the vehicle manufacturer's requirements for service. The service is to include up to six quarts of oil meeting O.E.M warranty requirements. If less than six quarts are needed, a credit will be noted on the invoice. The service will include an engine oil filter that meets or exceeds all OEM engine manufacturers warranty requirements. 1. Additional services required. a. Check air cleaner, and replace only if dirty or contaminated. b. Check windshield wiper blades and replace if damaged or worn out. c. Lubricate chassis as recommended by chassis manufacturer. d. Perform "under hood visual inspection" for possible mechanical problems. e. Perform "under chassis visual inspection" for possible mechanical problems. f. Check and top off oil level of transmission and/or transaxle. g. Check and top off power steering reservoir oil level. h. Check and top off oil levels in differentials, rear and front, as equipped. i. Check and top off windshield washer fluid level. j. Clean windshield and all windows. k. Check and adjust tire pressures to requirements as marked on the tire. 6 Other Services Not Required The Contactor shall advise the operator of any other services needed. The operator shall be required to take the vehicle to their "Authorized Service Vendor" under contract with the city for assistance or maintenance in these areas. The Contractor shall NOT add to or change these items: a. Check brake master cylinder reservoir and advise operator of need for additional fluid. b. Check Cooling system and advise operator of need for additional fluid. c. Check lights and lens and advise operator of any that are malfunctioning or damaged. S:Pumhn&Bid Dms/rrB 15 -12164 -SS, Oil Change Services 29 The Contactor shall utilize products meeting or exceeding vehicle manufacturer specifications for support of warranty requirements. All components shall be of name brand manufacturer, to include liability coverage in the event of a failure and dispute over components or products utilized. Vendor shall provide a list of products, including Manufacturers Brand names that are intended to be used to complete this bid request and if awarded used to service the vehicles. Product listing shall include all items identified above. The Contactor shall provide the operator with a copy of the services performed, identifying the City 'V' number, located on the rear of the front fenders of vehicles with the City logo, or from the operator of un -marked vehicles. The Contactor shall also forward a copy of each ticket to Fleet Services with the billing statements. The information shall include the current mileage and if equipped, the hour meter reading. At each service and before the vehicle leaves, the Contactor will install a windshield sticker reminder on the windshield and it shall have the next oil change required based on miles and date. STunchase/Bid Does/rrB 15 -12164 -SS, Oil Change Services 30 Bid Form Oil Change Services City of Lubbock, TX ITB 15 -12164 -SS In compliance with the Invitation to Bid 15 -12164 -SS, 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 deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid 15 -12164 -SS is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Full Service Oil Change/Filter (Cost Per Vehicle): The following vehicles are typical of the City fleet. Your cost below should be representative of the cost that would be given for any type of vehicle in the fleet. Assume 6 quarts of oil for standard pricing. ITEM QTY (A rox) UNIT VEHICLE TYPE COST PER UNIT EXTENDED COST I. 265 EA. Sedans s 3 .9 $ x(7/1 3 2. 245 EA. Police & Fire SUVs $ S 3. 300 EA. % &'i: Ton Pickups $ 311. '91 $ 0 'z aD 4. 80 EA. I Ton Pickups $ 3Y- 9 is o2 5. 50 EA. Vans (all sizes) $ q. S , 50 6. 500 QT. Oil. (Price for each additional quart of oil beyond 6 quarts) $ a . 99 $ y 9S� Optional Services: Transmission Service including transmission fitter and up to seven quarts of transmission fluid meeting O.E.M requirements. Please give cost per unit based on the varying types of vehicles listed above. ITEM QTY (More or Less) UNIT VEHICLE TYPE COST PER UNIT EXTENDED COST 7. 50 EA. Additional cost for diesel engine oil filter $ /Qi Pb $ 50P. 00 8. 100 EA. Transmission filter meeting O.E.M requirements $--------- $ ---------- 9. 700 QT. Transmission fluid meeting O.E.M requirements $ --------- $ 10. 100 EA. Transmission oil pan gasket (when needed) S --------- --------- $ ---------- IL IL 100 EA. Transmission Flush 12. 200 EA. Wiper Blade Replacement (single blade) $ u Q $ 9 a 13. 100 EA. Air Filter $ $ % a0 Indicate the number of days from award of contract that you would be ready to start-up operations: DAYS The City of Lubbock is seeking a contract for Oil Change Services with one or more contractors. In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net _calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms S Purchnad0id DocgrM 15 -12164 -SS. Oil C i nge Services 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,an ity of Wolfforth. YES 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. THIS BID IS SUBMITTED BY the laws of the State of or a partnership consisting of}CDifCSr7ti7DN F L{/5/r'/Gs'DO/7allor an individual trg_ding as i of the City of M/WBE Firm: Stater Zip Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American STurchase/Bid Doo/ITB 15 -12164 -SS, Oil Change Services By1= Date: Authorized Repres entative -must sign by hand�%� Officer Name and Title: Please Print Business Telephone Number /// / FAX: E -Mail Address FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. STurchmeBid Does/ITB 15 -12164 -SS, Oil Change Services