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Resolution - 2008-R0207 - Contract For Heavy Vehicle Services - Stewart & Stevenson - 06_13_2008
Resolution No. 2008 RO207 June 13, 2008 Item No. 5.13 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 a Contract and any associated documents with Stewart & Stevenson of Lubbock, Texas, for services for heavy vehicle and equipment maintenance and repairs per Bid #08-031-MA, which Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 13th day of June , 2008. e�'r-'z4a' TOM MARTIN, MAYOR ATTEST: _6Q-0 Lo 0, , -, , 97��= Rebe .ca Garza., City Secre ary APPROVE6 AS TO CONTENT: Yearwood ant City Manager/Chief Information Officer APPROVED AS TO FORM: on Vandiv r, Attorney of Counsel DDres/Stewart&Stevenson-HvyV ehMaintCon08Res June 3, 2008 1TB 008.031-MA , Heavy Vehicle & Equipment Maintenance and Repairs Resolution No. 2008-RO207 CITY OF LUBBOCK CONTRACT FOR SERVICES For Heavy Vehicle & Equipment Maintenance and Repairs Bid No. 08-031-MA THIS CONTRACT, made and entered into this 1 P day of June, 2008, pursuant to a resolution heretofore adopted by the City of'Lubbock, Texas, by and between the City of Lubbock ("City"), and Stewart & Stevenson ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Heavy Vehicle & Equipment Maintenance and Repairs and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Heavy Vehicle & Equipment Maintenance and Repairs. 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 specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Heavy Vehicle & Equipment Maintenance and Repairs specifically described in the bid submitted by the Contractor and "Exhibit A" attached hereto. 1. 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. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 2. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 3. The contract shall be for a term of five years, said date of term beginning upon City Council date of formal approval. 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. ITB �08-03I-MA . Heavy Vehicle & Equipment Maintenance and Repairs Service ITB #08-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs 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. 6. 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 1. Worker's Compensation Statutory and Employers Liability $500,000 2. Commercial General (public) Liability insurance including coverage for the following: 100,000 3. Garage Liability insurance including coverage for the following: 300,000 The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the 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. 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. This Contract consists of the following documents set forth herein; Invitation to Bid #08-031- MA, 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. ITS #08-031-MA . Heavy Vehicle & Equipment Maintenance and Repairs $erviCe ITB #01t-031-MA , Heavy Vehicle & Equipment Maintenance and Repair CITY OF LUBBOCK Tom Martin, Mayor ATTEST: r--,Q S� Reb ca Garza, City Secretary OVED AS TO CONTENT: Yearwood, Chief :ant City Manager APPROVED AS TO FORM: Z- �b - 11t;4'11 CONTRACTOR BY 'trorized Re sentative 1/ Address ITB ;t08-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs Service "Exhibit A" Stewart and Stevenson 08-031-MA Heavy Vehicle and Equipment Maintenance and Repair Hourly Repair Services Labor Rate Forklifts $ 80 Drive Train 80 Engine 80 Accessories 80 Hydraulics 80 Electrical 80 Alignments 80 Welding and Fabricating 80 ITB MM-031-81A , Heavy Yehick & Equipment Maintenance and Repairs SUBMIT TO: t CITY OF LUBBOCK 'CITY OF LUBBOCK, TEXAS a Purchasing & Contract Management 1625 13th Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #08-031-MA TEL: 806.775.2167 FAX: 806.775.2 t 64 littp:/,,'purchasing.ci.lubbock.tx.us TITLE: Heavy Vehicle & Equipment Maintenance and Repairs SUBMITTAL DEADLINE: April 17, 2008, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: April 7, 2008 at 10:00 A.M. Any bidtreceivedajlerthe time and dare listed above. regardessofthe in the City Hall, 1625 13d' Street, Training Room L01, Lubbock, moarafderivey, shall be returned unopened Texas. RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE -- ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR 1N PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE TELEPHONE NO: CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX ID NO, OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS HID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchgor Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YESNO IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL, AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tender final paymItoa vendor. (J.horized Sigrat a Title �� -5,0'a PrinVType Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH FOUR RESPONSE. ITB 408-631-MA, Heavy Vehicle & Equipment Maintenance and Repairs Service ITH #08031-MA, Heavy Vehicle & Equipment Maiateunce and Repairs ** REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08-031-MA In compliance with the Invitation to Bid 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 maintenance and repairs for the City of Lubbock heavy vehicles and equipment at the labor rate and parts markup as listed below and/or attached. The Invitation to Bid is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Failure to provide the appropriate information in the format requested shall be just cause for rejection of bid 1. Category: Trucks over 19500 Ibs GVWR (Class 6-7-8) Including Sweepers and Trash Trucks Current Fleet: 241 lease print your information 1. What is you labor rate per hour? (Billed in increments of full, half and % hours) $ per hour 2. What is your percentage markup on parts? Q LIST PRICE BOOK 3. Do you provide pickup and delivery of vehicles? If yes, what is the mileage charge? $ Yes o 4. Could you respond to a pickup 24 hours a day? Yes 5. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock, Texas 79403) XeJ PARTS SHALL BE PROVIDED AT CRASH GUIDE LIST LESS PERCENT. ITQ #08-031-MA . Addendum #I Initial 1� ITB #08-031-MA , Heavy Vehicie & Equipment Maintenance and Repairs * REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08-031-MA In compliance with the Invitation to Bid #09-031-MA , 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 fumishing 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 #08-031-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. 3. Category: Trailers Utility Pipe, Hay, Equipment, and Cargo Current Fleet: 310 (please print your information) 1. What is you labor rate per hour? (Billed in increments offull, half and % hours) $ J -90-- per hour 2. What is your % markup on parts? "LIST PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? If is the mileage ? $ Yes yes, what 4. Could you respond to a pickup 24 hours a day? Yes ry., �f 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive Lubbock Texas 79403 Not t b)dell,� AA,s,� 016 ITB #08-031.,MA . Addendum #t Initial ITS *W431-MA . Heavy vehicle & Equipment Maintenance and Repairs ** REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08-031-MA In compliance with the Invitation to Bid #08-031-MA , 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 #08-031-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. 4. Category: Forklifts: Clark, Hyster, Cat, Daewoo, Case, Hilift, Princeton Current Fleet: 24 (please print your information) 1. What is you labor rate per hour? (Billed in increments of full, half and Y4 hours) $ ©� — per hour 2. What is your % markup on parts? "LIST PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? If yes, what is the mileage charge? $,_ SO No 4. Could you respond to a pickup 24 hours a day? es No 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock, Texas 79403). ITB 408-031-MA , Addendum k I Initial ITB k08-031-NIA , Heavy Vehicle & Equipment Maintenance and Repairs 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 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 producgs) 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, t Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YESNO • 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 govemmentai 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 _:6C mod! / �a7+t�.fJ�1�17 L zz- —.a corporation organized under the laws of the State of��� _, or a partnership consisting of or an individual trading as of the City of `ti 11 ,6b G Firm: tt Address:�i�/o= / / =. /O i�/t tfllJ t/ City:-L 1� a/hA2 li - State: zip 7�y©y MA V BE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) / Authorized Representative - must sign by hand and Title: Please Print Business Telephone Number (v - ?7�- ya�:e FAX: RAer -177 g - 146J— LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TiME, AND YOUR COMPANY NAME AND ADDRESS. ITB N08-03 i-MA , Addendum til initlat 1TI1#W0S1-.NL\ , Heayy 1?hkle & Equipment %luintenanee and Repairs III. GENERILL CONDiTIOV5 **** PLEASE READ CAREFULLY *• These Gencral Conditions apply to all bids and become a pact of the terms and conditions of any bid submitted. The City .;hall mean the City of Lubbock 1 Requirements Contract: During the period of the contract, the Contractor shall pmvide all the services described in the contract The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no %en bees are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used, in making its bid hereunder, the Contractor expressly recognizes the rights of the City pro%idcal herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or delel d. 2 Nonap oogriati(Ml! MI 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 nonapproprialion 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 thun-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 contrail, cancellation shall be accepted by the Seller on thirty (30) days prior written notice. but failure to give such notice shall be of no effect and the City shall not be obliga(W under this contract beyond the date of termination. 3 Invoices: Contractor shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable, invoices shall be itemized and transportation charges, if any. shall be listed separately, A copy of the bill of lading, and the freight waybill vyhcn applicable, shall he attached to the invoice. !Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock. Texas 79457. Payment shall not be due unless and until the Contractor shall not be in default under the terms of the contract, and until the above instruments arc submitted after delivery. CITY MAY MAKE PAIIMENTS FOR PURCHASES UNDER THIS COWRACT USING THE. CiTY'S kLks'rERCARD PUR('IIASING C,U2D (PCARD). THE SELLL-'R AGREES TO ACCEPT PCB\RD PAYMENTS WITHOUT ANY ADDITIONS OR SURC EL\RCiES. 3 No Warranty By 'rho City Against Infringements: U part of the contract for sale. Contractor agrecs to ascertain whether goods manufactured in accordance with the speeifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim. and in no event shall lli c City be Gable to Contractor for indemnification in the event that Contractor is sued (n the grounds of infringement or the like. If Contractor is of the; opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. if the City does not receive notice and is subsequently held liable for the infringement or the like. Contractor will save 'The City harmless. If Conlrador in good faith ascertains the production of the goods in accordance with the specifications will result in infyingemml or the like, the contract shall he null and void. 5 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations eyith reaped to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 6 Force Maieure: Neither party shall be held responsible for losses or damaguw hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, act% of God, Or public enemy, fire, or flood. 7 Assignment-Deleuation: No right or interest in the contract shall be assigned or delegation of any Obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall he wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 8 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets f NISDS) for each chemical defined as hazardous under the TogKas hazard Communication Act (every chemical bearing any manner of %naming label on the container) to comply with provisions of the Texas )Lazard Communication Act Title 6, Subchapter D. ('hapler 502. "texas Health and Safety Code Ann. (This :let is corollary to OSHA Standard 29 CRF 1910.120Q which is generally known as the Right to Know Law.) 9 Waiv : No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or rigbt unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 10 Right'fo Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform, In the event that a demand is made and no assurance is given within five (5) days. the demanding party may treat this failure as an anticipatory repudiation of the Contract. I 1 Unsatisfactory Work: 11, at any time during the contract term, the service performed or work done by the Contractor i% considered by the City to create a condition that threatens the health, safety, or welfare of the community. the Contractor shall. on being notified by the City, immc(liatOy correct .such deticient scn'icc or work. In the event the Contractor fails. alter notice, to correct the deficient service Or wort: immediatcly. the City shall ha%u (he right to order the xrr"tion of flic deficiency by separate contract or with its own resources at the expense of the Contractor. 12 -rime: it is hereby expressly agreed and understood that time is of the essence for the performance ot'the contract, and failure by t'untraaor to meet the time specifications of the cuntract will cause Contractor to he in default of the contract. 13 Silence of Spggificatioor : The apparent .silence of specifications as to any detail. or the apparent omission from it of a detailed dewcription concerning any point .hall be regarded as meaning that Only the hest commercial products and practices are to precait and that only material and workmanship of the finest quality are to he used..111 interpretations Of the specifications in this bid shall be made on the basis of this statemo:nt. the Items furnished PCL -;oft-, 01-1.Gi . ffeavy ' ,+ncle S liyuipment'Jairtenamce and Repair: SLMiCe ITB NO&031-\L\ , lleusy Pehiek & Equipment Maintenance and Repairs under this contraet shall be new. unused, of the latest product in production to commercial trade. and shall be of the highest quality as to materials used and workmanship. Manufactun r furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. (d Environmental Steward hip The ON of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of Cite activities, operations. and verviecs. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the Pity arc required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain NO compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever proccsseq and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material. City contractors and suppliers, as well as any sub -contractors under their supervision. will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and'or reuse as much as is possible, waste materials; and incorporate into project design energy efficient rNtures, appliances and mechanical equipment IS The City. Right to :\udit Al any time during the term of this thcreaRer 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 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 tmdings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. i'rB 'n\-n31-SL1. Heavy Vehicle ,t: 6yu;ptncnt `.Lunt rancc :ird !Zep:urs Service ITH#W031-N,\, Heavy Veldde & Equipnwrd Maintenance and Repairs CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY 1 C L being first duly sxvom, on his/her oath, saes that the bid a6ove submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named, and she/he further says that the said bidder has not directly induced or solicited any bidder on the above NNork or supplies to put in a sham bid, or any other person or corporation to refrain from bidding, and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. NAME Z�Ak" /(GMATU F BIDDER fei"ir%ar�P Sa �r, �P TITLE Subscribed and swom to before me this lay of�_�, 2Ut�9 Notary' Public in and for the State of Texas residing at A I qld 4"a k NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITII THE B[D/]'ROI'OSAL i F13 •uS-: iJ I-.`.1.1 1 navy Vchulr L i;auipment ` Nintcr,arce mid Repdirs Service l'I Ht7UN 031-�L>,, Heavy Vehicle & Equdpment Maintenance and Repairs CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is Very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for recciot of bid to: Marta Alvarez, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Tcxas 79457. We, the undersigned, have declined to bid on your ITB tl for the folIo%%ing reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Imitation to Bid. We do not offe-r this products or equivalent. (tf you wish to remain on bidders list fin- other commcxlities ancl'or services, pli ase state particular prcxluct and or service under which Yott wish to be cla.ssiliecl.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please sped& below) REMARKS: �'Uw IM*4w Company Name: Soso* '7 to City: Contact Name: Business Telephone Number. Internet Address: Company's Internet Web Page Title: FAX: Zip I I P' h-012P L" , IIemy `:,!Inc!e I Gyu:pmtnt ? Iaintcnnnce .ind Rcr:ur.; Service tTB #08-031-MA, Heavy Vehicle & Equipment Maintenance and Repairs SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Etas the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental (TB p09-03 i ,MA , Addendum C i Initial rrB MO&W141A, Heavy Vehicle & Equipment Maintenance and Repair protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or co Actions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO --Z If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify. that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions, I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. a Signature #/ iT et Title The bidder must complete, sign and return as part of their submittal response. rrB 408-03 I -MA , Addendum p 1 ITB R08431-NtA, Heavy Vehicle & Equipment Maintenance and Repairs Vendor shall mark the appropriate services offered by their company in the corresponding boxes under "General Repairs" and/or "Specific Service Repairs" Category 1 Trucks General Repairs Specific Service Repairs Chassis Group Heating, Ventilation, Air- Conditionin Drive Train Group Hydraulics Engine Group Electrical Accessories Group Alt ents Welding / Fabricating Category 2 Off -Road Equipment General Repairs Specific Service Repairs Category 3 Trailers Category 4 Forklifts Chassis Group Heating, Ventilation, Air- Conditionin Drive Train Group Hydraulics Engine Group Electrical Accessories Group Alignments Welding / Fabricating General Repairs Specific Service Repairs Chassis Group Heating, Ventilation, Air- Conditionin Drive Train Group Hydraulics Engine Group - Electrical Accessories Grou Alignments Welding / Fabricating General Repairs Specific Service Repairs Chassis Group Heating, Ventilation, Air- Conditionin Drive Train Group Hydraulics Engine Group lectrical. Accessories Group Alignments Welding / Fabricating ITB 008-031 -MA, Addendwn pl r ITB #W031-NL\ , Heavy yehiek & Fquipmmi Ntuintemmee inn Repairs CITY OF LUBBOCK, TEXAS Heavy Vehicle & Equipment Maintenance and Repairs 1TB 0 08-031-MA INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent And Attached to Submittal I, the tuidersigned Bidder, certify that the insurance requirements contained in this proposal docwnent have been reviewed by me with the below identified Insurance Agent/Broker. If I am a%wirded this contract by the City of Lubbock, I %gill be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. If this time requirement is not met, the City has the right to reject the Bidder's proposal and aNNard the contract to another Proposer. Bidder (Print) / .StyWey.-/- d- Ste-clez 60/7 Company Name (Print or Type) i�) 0067 e- ..5lei 10brl 11414 Company Address 1*1 Name of Agent/Broker (Print or Type) La.6 ryc'l- Zi, Z94/04/ Address of Agent/Broker City. State, Lip: Phone Number Fax Number l:ma�il Address The City of Lubbock shall he named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the or bid number for «hieh the insurance is being supplied. If you have any questions concerning these rcciiiiremen(t, please t:ontaet the Purchasing i1epartment for the City of l.ubhock . t.` o6) 775-2572. I ii, 1,rvljx:•or omiI�l�:r.:.ij�ti aril rui;lmi T, , :�' tfen %chlele & I-gwpment `.!atntennnce and Reparss Service IT11#08.031-NIA, Heavy Vehicle & Equipment Maintenance and Repair Heavy Vehicle & Equipment :Maintenance and Repairs CITY OF LUBBOCK,'1'EXAS ITB #08-031-MA In an effort to better serve the business community, the City of L.ubtx-)ck Purchasing Department is conducting the following sun•ey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call t806)775-2572. HOW DID YOU RECEIVE NOTICE OF THIS REQUEST FOR PROPOSALS? Lubbock Avalanche Journal? Yes No The Daily Commercial Record? Yes No From Plan Room or other type of sen•ice? Yes No Did you access the City of Lubbock website to search for bids? Yes No Facsimile or email from •P Depot.com? 7es No Did you download from your home computer? Yes No Did you download from your company computer? Yes No Requested a copy from Lubbock Purchasing Department? Yes No Are you a Member of RFP Depot? _Yes No Othor: Please include this page with }'our submittal. THANK YOU. I'1'L •;4jS-, j31-`JA . I i!a�y Vehicle x: Equ;p ment Maintenance and Repairs Service ITBtmti Uit-JL�, Heati} Vthicle & Equipment Maintenance and Repntn City of Lubbock Consideration of Locution of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter T. Chapter 271, Texas Local Government Code, In purchasing under this title any real property. personal property that is not affixed to real property. or services. if municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and vvlxose bid is within five percent of the lowest bid price received Ln• the municipality from a bidder who is not a resident of the municipality. the municipality may enter into a contract with: (1) the lowest bidder: or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in vv riting, that the local bidder otters the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municiplity and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications sun ices or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez. Purchasing Manager City of Lubbock 1625 13'h Street, Room 204 Lubbock TX 74401 Complete all areas below. Incomplete e felrrvirs ntrry be ejected Local Business Name: --5 eey4/'-A dL Se eye-#.60 r'7 LL Local Address (must be within the City limits): rd �./Li fQt? /��v✓ Address of the company's principal place of business within the United States: g / 1. How many residents of the City of Lubbock are employed at the above business location? ..7! 2. Year your business %as established in the City of Lubbock: / 3. For transactions that require salesr7tax,x, provide the following Rescuer information: Reseller Permit Number: % �V 0& Z19�JI_ A) Company Name and Address (as it appears on permit): ..�j' tecl�tp✓f ��t�'ye/�,50r 4. Does your business have more than one office in the State of "texas? _f � Yes No If Yes, identify the office location considered as the point -of sate credit for safes tax purposes: Was the local business required to pay business and or real property tax lbr the most recent tax year'? Yes No [f Yes, did the local business pay any of this tax to the City of Lubbock? Yc 5 No Under penalty of pudury, the andernigned states that the foregoing statements are true; and correct. It is further acknowledged that anv person. firm. corporation or entity intentionally 9ubmltting false information to the City In an attctnpt to qua[ify for eligibility shall be prohibited from bidding ern City of Lubbock products and services fyr a period of one, (1) year. ,Authorized `iistnafure: iC, �y} L Date: Printed Name and it �l C?G i�e1/'�'j " A;1Ae/- / nall/ i eel 11I'll-3{-�?.1,heavy`*ehtcle&sEquipment Mmntenarceand RepwreService 1TB #W-031-_%U Heavy VeNde & Equiptnent Maintenance and Repairs City of Lubbock Heavy Vehicle & Equipment Maintenance and Repairs ITB # 08-031-MA SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non - procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of S25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your Firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: _�,Aee d r-/- a .Ste el7,5D17 FEDERAL TAXM or SOCIAL SE URI o. - 7 Signature of Company Official: Printed name of company offi signing a ove: Xar- A Date Signed: "fhe Proposer must complete, sign and return as part of their submittal response. PfB i'8,31-%L1. f lra" ` chick &: r.quipment \!:iintenaice .ind Repair; Service 1TB #08431-MA , Heavy vehicle & Equipment Maintenance and Repairs Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08-031-MA GENERAL SPECIFICATIONS FOR HEAVY VEHICLE & EQUIPMENT MAINTENANCE AND REPAIRS Scope The City of Lubbock ("the City) is seeking a contract for maintenance and repairs of heavy vehicles and equipment. ineluding hydfaulies, welding and fabFies4at. The successful bidder ("the Company") 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 the following General System Repair Groups and Specific Service Repair Groups: General Repair Groups • Air Conditioning, Heating, & Ventilating System • Chassis Group includes but not limited to Brakes, Steering, Axles, Suspension • Drive Train Group includes but not limited to Clutches, Automatic & Manual Transmissions, Driveshafts • Engine Group includes but not limited to Diesel & Gas Engines • Accessories Group includes but not limited to Batteries, Power Take Offs, Winches, Horns, Alarms Specific Service Repair Groups • Heating, Ventilation, Air -Conditioning • Hydraulics • Electrical • Alignments • Welding / Fabricating Equipment & Truck Categories The following is a current list of categories of City vehicles and equipment, by Category, that are included in this maintenance and repair contract. Category Estimated Qty. Description 1) Trucks 241 Class 6-7-8 2) Off -Road Equipment 146 Tractors, Backhoes, Loaders, Excavators, Dozers, Graders, Scrapers, Cranes 3) Trailers 310 Utility, Pipe, Hay, Equipment, Crew, Cargo 4) Forklifts 24 Clark, Hyster, Cat, Daewoo, Case, Hilift, Princeton IT13 #08-031-MA , Addendum #1 1TB #W(k31-Nt4 . heavy Vehick & Equipment Maintenance and Repairs REFERENCES THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH BID. List and describe fully the last three contracts performed by your firni which demonstrate your ability to provide the ser ices included with the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1, ll [' Customer Name3�y/,e r Address: t 1&46ezo /!_ 5fe 794"0 Contract Amount: U'3v7• y-� Description of supplies. Reference No. 2. or services provided: Customer Namely-' 612.'/-Qt ' 5 Zle, Address: F/% / f / %VL, & ty zgo—,/� Arclei%lO %Xr 7911'7 Contract Amount:.61 2 ,,e 2-0. Description of supplies equipment, or services provided: Reference No. 3. Contact Individual: /Z; �?e Phone Number: .76 &- 2131 Facsimile Number: Year: Contact Individual:L fze nel * 1 /011 a f Phone Number: Facsimile Number: -tat dl* ;?q 20-3— `QY Year- W 7 Customer Name Contact Individual: Address: Phone Number: Facsimile Number: Contract Amount: Year: Description of supplies, equipment, or services provided: f113 1)8--131 `L%. Heavy Veh;cle.Y: Equipment! f:untenance and Repair:; Service IT139W031AU, Heavy Vehicle & Equipment Ataintenume and Repairs The Company must use their own parts and/or supplies in completing all repairs. No City parts or supplies will be issued by the City Garage to the Company. The Company's invoice must include charges for all parts, supplies, and services used in making repairs. The Company must return all parts that were removed and replaced during the repair of the vehicle or equipment upon completion of the rcpair(s) and the parts must accompany the vehicle or equipment. The Company is responsible for all core returns and credits. Bid submissions Bids will be awarded by category of vehicles and equipment. 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 (lie 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 (lie time of the request. Vehicle Pickuu The Company is responsible for any damage to the vehicle or equipment while in the Company'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. In the event that a iehicle 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 Company. SPECIAL REQUIREMENTS: 1. Company to provide secure shelter for City vehicles. 2. Estimate must be submitted to Fleet Services within 24-hour period of request. 3. All parts shall be warranted for a minimum of 90 days or 3000 miles from the date of installation. 4. All repairs shall be warranted for a period of 12 months or 12.000 miles. ITT I.'AA, Ifeav}'Vehicle & Lyu;pwnt `.7a:aterance and Reram $erviCe rril#M(U1-1L%, ffeavyVehick & Equipment lfaintmmnceand Repairs Labor Guide The vendor is required to provide the name of the current Labor Guide sofhvare and version used to provide repair costs. The City of Lubbock resenes 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. Program Name / Version Work :authorization Vehicle shop repairs will be estimated on a per job basis with a fired SHOP LABOR RATE per hour as stated on the Bid Form, Prior to the start of any vehicle repair, the Company must proN ide a written repair estimate by a trained technician. Estimates must include parts at the quoted cost rate. All estimates shall be at no charge to the City. The Company 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 Company must also obtain City approval for the type of repairs and the cost of repairs before proceeding with the work. The Company must submit a copy of the Work Order along with the Company'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 V or E number assigned by the City, the VIN number, the current license plate number, and the current vehicle mileage or hours. If any of the inforniation is missing or incorrect, the Company w ill not be reimbursed for any services, parts, or supplies, Repair Time Notification The Company must make a determination of the repairs, costs and times and notify the City within 24-hours after receiving the vehicle or equipment, Reheat 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. Pick-Un and Delivery 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 sen icc as needed. Vehicles must be picked up by City personnel or delis ercd to a City location within 24-hours after the vehicle has been repaired. Parts. SUDDlies and Scn•ices ITR `i;R-u31AfA, Ifeav� V.:hIcIe x Equipment',fair ter, ancc rind Repair%Serviee ITS #N-W I M . Heavy Vehiete & Equipment Maintenance and Repairs Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK. TEXAS ITB #08-031-MA GENERAL SPECIFICATIONS FOR HEAVY VEHICLE & EQUIPMENT MAINTENANCE AND REPAIRS Sc= The City of Lubbock ("the City) is seeking a contract for maintenance and repairs of heavy vehicles and equipment including hydraulics, welding and fabricating. The successful bidder ("the Company") 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: • Air Conditioning, Heating, & Ventilating System • Axles • Brakes. Hubs & Bearings • Steering • Suspension • Drive Shafts • Automatic Transmissions • Charging Systems • Cranking Systems • ignition Systems • Lighting Systems, Electrical Accessories • Engines • Exhaust Systems • Fuel Systems • Power Take -Off (PTO) • Buckets / Booms Equipment & Truck Categories The following is a current list of categories of City vehicles and equipment, by Category, that are included in this maintenance and renair contract. Category Estimated Qty. Description 1) Trucks 241 Class 6-7-8 2) Off -Road Equipment 146 Tractors. Backhoes, Loaders, Exca%ators, Dozers, Graders, Scrapers, Cranes 3) "trailers 310 Utility. Pipe, Hay. Equipment, Crew, Cargo �F) Forklifts 24 Clark. Hvster, Cat, Daewoo. Case. Hilift, Princeton li 3 Lit-t l:1 heavy `-chide X ryuirmert , hinfenmce and Rapaas Service tTR#M031--%G%, Heavy yehide & Equipment %tainienance and Repain c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent rune may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of rue together «ith the indemnification provision, shall he u riden%Titten by contractual liability an erage sufficient to include such obligations 4vithin applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number fur �Nhich the insurance is being supplied. NOTICES The Contractor shall notilj the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, NNhich notice must be accunipanial by a rwpla"raient CERTIFICATE OF INSURANCE. All notices shall he given to the City at the follo"ing address: Marta Alvarez„ Purchasing Manager City of Lubbock 1625 13t1` Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. IT;' 08-101-NAA . i er i% y Velide 3L `;qu,pment Mainforiance ar,u Rrrairs Service IT11i101-031-NU ,1 Leavy Vehicle & Equipment Maintenance and Repairs Heave Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS iTB #08-031-MA IL INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed insurance Certificate to the City, %which shall be completed by an agent authorized to bind the named undenyriter(s) to the coverages, limits. and tennination provisions shown thereon, and %which shall furnish and contain all required inf. rmation referenced or indicated thereon. THE CITY SHALL, HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO TTIE CITY. INSURANCE COVERAGE REQUIRED SECTION R The City reserves the right to review the insurance requirements of this Section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the Citv based upon changes in statutory lave, court decisions, or the claims history of the industry as %well as the Contractor. SECTION C. Subject to the Contractor's right to iaintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the follo\ving type(s) and amount(s): TYPE AMOUNT I. Worker's Compensation Statutory and Employers Liability $5(x 000 2. Commercial General (public.) Liability insurance including coverage for the foliowing: 100,000 3. Garage Liability insurance including coverage for the following: 300,000 The City or Lubbock shall be named a primary additional insured with a waiver of subroghtion in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the or bid number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shill be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except "here policy provisions are established by law or regulation binding ulnm either of the parties hereto or the underwriter of any of Such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, quid shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance -: ill contain and state. in -,writing, on the certificate or its attachment, (lie follo.%ii:g required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage, b. Provide for 30 clays notice to the City for cancellation, nonrene al, or material change; t'; F if.mvy -,'chicle &: L-quipment \Luntcrarcc and Repair.; Service ITB MS-031AM , Ifewq VeWdr & £yufpmenr Maintenance and Repairs The On, ol'Lrrbbock is aware of the time and rt1fortYou expend in p►eparirrg and submitting bids to the ('irV Please let us know of a►{v bid requirement causing t•oa di(jiculhy in responding to rn►r lnritatim to Bid, We rrant to fiwilitate rrn►r participatim so that all responsible vendWs can crmrpete fur the C'itv's business.: hra►•ds should be mcule approximately two to six weeks afker the opening date. If you have any questions, please confact fire City of Lubbock Purchasing .1 tanager at (806) 775-2572 i1"P. -nX_ t31 �.1:\ . Heavy b.:htcic ,Y, f:ympment).'amtemaxe =.d Ropurs Service ITB #W-031-.%La,11eavy Vehide & Equipment .%Unlenanee and Repain Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any boitd required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations itiay be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 21.1 Pursuant to Subchapter 7, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: 1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in ekriting, that the local bidder otters the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. 21.2 This section does not apply to the purchase of telecommunications services or information services, as those terms are detined by 47 U.S.C. Section 153. 21.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 22 CONTRACT TERM AND PRICING 22.1 The contract shall be for a term of five years, said date of term beginning upon City Council date of fonual approval. 22.2 Listed quantities are estimates only. 23 TERMINATION OF CONTRACT [*his contract shall remain in cheat 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 lo%eet and best bidder as it deems to he in the hest interest of the city. H1 I, :-';il-\L1. i?, y Vchicle&Fywpment',Iamt rancear.JRcp,,:nService STEWART & STEVENSON LLC 2000 SLATON HIGHWAY 79404 PO BOX 2529 79408 LUBBOCK,TEXAS PHONE 806-745-4224 FAX 806-748-1165 To whom it may concern, In document ITB#08-031-MA, section 18, Paragraph 18.3 we can accept the indemnity although not our standard, but require basic limitation of liability language to be included-" Notwithstanding anything to the contrary herein, neither the City nor Contractor shall have any liability to the other for any incidental or consequential damages arising out of this Contract." Thank you for your consideration, Jack Sparks Aftermarket Sales Representative Stewart and Stevenson LLC ITB WAI1 031-1%tk, iteavy Veldde & Equipment \lalntenaure and RepWra 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior usage or standardization. The City may test any sample(s), supplictf free of charge, to qualify for the Approved Brand list. Each sample must be marked %%ith bidder's name and address. At bidder's request and expense, the samples) not destroyed or used in examinations and testing cvill be returned. 15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder, at bidder's expense, to the Purchasing Manager no less than seven days prior to the opening of bids. Each sample illust be clearly tagged to shokv bidder's name and address, item number, and the name of the item being substituted. The name of the manufacturer and brand name, technical data, intended use, and other pertinent data for product evaluation must accompany each sample. 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder tails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or sen ices. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD RFTWEF.N THE. BiD CLOSE DATE AND THE CONTRACT *AWARD, BIDDERS, INCLi.TDING Ti(FIR AGENTS AND REPRESLNTA,riws, sfiALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY s'rAFF EXCEPT IN 'rIIE COURSE OF CiTY-SP)NSORI D INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUIiSTED BY TILE CITY. 17.2 This provision is not meant to preclude bidders from discussing other matters NNith City Council members or City staff. This policy is intended to create a level playing field for all potential bidden, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 18 BONDS, INSURANCE AND INDEMNITY 19.1 No bonds are required to be submitted �� ith this bid. 19.2 The successful bidder shall meet the minimum insurance requirements as defined in Section 11. A Cite of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. 18.3 The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims. patent claims, suits, liabilities. judgments. f� costs and es:rk:nses, «hich may in zlm +rise arise or accrue against the City in consequence of the granting of !'ems' 111c pntract or which may anywise result there from, whether or not it shall be alleged or determined that l%1% ilu act c�as caused through Negligence or omission of the Contractor or its employees, or of the L� subcontractor or assignee or its employees, if any, and the Contractor shall. at his o«n expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therc�Nith, and, if any judgment shall be rendered against the City in any such action, the Il 1, -':3- %3;-` (.\, heavy Vehicle & FAuipm<rt Sfamten,mae and Red ors Service 1713O B-031-NU1,11em); Vehicle & Equipment %taintenance and Repairs 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer Most advantageous to the City of Lubbock in its sole discretion. Unless othenN ise specified herein, the City inay award the bid for any item or group of items shown on the Bid Fonn. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions inay result in disqualification of bid. 13.4 In case of tie bids, prefc,-rence %%ill be given to local bidders. Consistent and continued tic bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti - Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lo\\er tlum lotiycst bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection >rith the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, Ind Local laws, regulations, and executive orders to the extent that the same inay be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT TIIE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF TIiIS INVITATION TO BID. 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in detennining a responsible Bidder. 13.9 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 av%ards are in the best interest of the City. Cost and location will be used in staking this determination. A decision to stake a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terns and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of "l'itle VII of 19Crt Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and is used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 it bidding on other than reference or specifications. bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article oftered is equivalent to specifications. It other than specified brand of items are offered, specifications, catalog sheets, illustrations rind complete descriptive literature must be submitted with bid. 15.3 Bidders taking exception to any part or section of the specifications shall indicate such exceptions on the specifications. Failure to indicate any, exception "ill be interpreted as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, wtless Specifically allowed, shall be subject to selection in w hole or in part. 15.4 Minor deviations from teritten specifications shall not necessarily disqualify a vendoes bid. The City of Lubbock specification committee will he the sole detenniner of ti%hat constitutes a ininor deviation. The City has the right to waive minor defects or \ariations of a bid fron the exact requirements of the specifications that do not affect the price. quality, quantity, delivery, or performance time of services being procured. iTP ray-u31-\G1. Hi a" \.'hick 1 Egmrment \;mrtenerce find Repairs Service I?11018-031-J41, Fleavy yehiek & EquipmeM Maintenance and Repairs that such information is in fact not privileged :and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information NW1 be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES 9.1 ' The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not he discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HIIB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 5 1 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Nath c Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, infionnation, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids mist be manually signed by an officcr of the company authorized to hind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FiRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The hid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 'rhe contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. in determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; eahe bidder's past relationship with the City: 0 The impact on the ability of the City to comply with laws and rules relating to contracting ttith Historically Underutilized Businesses and non-profit organizations employing persons «ith disabilities; g) The total long-term cost to the City to acquire goods or sen•iecs: and h) Any relevant criteria ,pecitically listed in the Invitation to Bid. JTI; -?;LA , 1 ieacy S chicle X- i auipment Nf.urten.mce :md Repair:; Service iTB II08-031-Nit, , Heavy Vehick & Equipment Maintenance and Repairs BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE. ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT T14E ADDITIONAL COPY MAY RESULT IN "THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. in the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. 'fax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaizinp costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid form. DO NOT quote shipping dates. Failure to indicate delivery clays on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to he disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be fur for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6,7 All bids, responses; inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WiTH THE ITB NUMBER, THE CLOSING DATE AND TiME, AND YOUR COMPANY NAME AND ADDRESS. BID PREPARATION COSTS 7.1 Issuance of this 1T13 does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 Jhc issuance of this ITB does not obligate the City of Lublx)ck to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 9.2 'Me City of Lubbock will honor your notations of trade secrets and confidential inforination and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in tact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the 'rex is Attorney General or a court of competent jurisdiction. In the event a public information request is reccivcd for a portion of %our bid that you have marked as being confidential infimnation, you Hill be notified of such request and you gill he required to justify your legal position in e4riting to the Texas Attomev Gencral pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the 'Texas Attorney General or a court of competent jurisdiction 1'F3 ^us -31 ` TA , I icavy"chicle k Equipment Slamte7 ce and Repairs Service [TB A-08-031-i11 \, I eavy Vehicle & Equipment \taintenanet and Repairs in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manaaer if any language. requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this IT13 to a Single Source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications w ill be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BiD (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: [buyer name], Buyer City of Lubbock 1625 131h Street Lubbock,'rexas 79401 Fax: (806)775-2164 Email: malvarez�a mvlubi)ock.us RFPDepot: http'/hrrww bid.ci.norwnikct us.! ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA infonation available over the Internet athtfp lh,+n ny bid.ci.norNalk ctus / htil3 / } � �� I.l1' lc��t,c _m. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNE'T ACCESS may use computers available at most, liblic libr,ir ic.. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet athtttut/vvvivv.bid_ci norwalk ot. us./ I, lth,,','}t_�.��.� 13(?l'.;�h, t c n and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. in order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all in documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications: 5.2 Betbre submittingz a bid. each bidder shall he responsible for making all investigations and examinations that are necessan, to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, w ith all provisions and requirements of the Invitation to Bid. 1173 08-31 VA . i (c:n;; Vck;cle & hyu:pmerr Mxnterimce and Repair, Service ITB #WO31-..\L1, tieuvy Vehicle & Equipment Maintenance and Repairs Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS I'I'B #08-031-MA THE CITY OF LUBBOCK APPRECIATES YOUR TiME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONSTo BIDDERS BiD DELIVERY, TIME & DATE 1.1 The City of Lublx>ck is seeking written and sealed competitive bids to furnish Heavy Vehicle & Equipment Maintenance and Repairs per the attached specifications. Sealed bids will be received no later than 3:00 p.m. p.m. CST, April 17, 2008, if date/time stamped on or before 3:00 p.m. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BiD AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "iTB #08-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs " AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 lath Street, Room 204 Lubbock, Texas 79 401 L2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who tails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. TILE CITY WILL NOT ACCEPT FAX BIDS.The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered, or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE-BiD MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the claritication of the Invitation to I3id ([TB) documents, a pre -bid meeting will be held at 10:00 a.m.. April 7, 2W8 , in LOI Tra►_ninp_Room _in City hall_ 1625 13`f' Street Lubbock. Texas. All persons attending the conference will be asked to ntify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders "ho do not attend the pre -bid meeting. 2.3 '[he Cite of Lubbock does not discriminate against person %%ith disabilities. City of Lubhoc:k pre -hid niectings are available to all persons regardless of disability. If you trould like information inade available 1Tri-uti_i%31-1,1.Iteac:eFicleS-Equirmerl\'airtemwceawdRepnirnService ITB M08-031-MA . Heavy Vehicle & Equipment Maintenance and Repairs Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08-031-MA 11. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Worker's Compensation Statutory and Employers Liability $500,000 2. Commercial General (public) Liability insurance including coverage for the following: 100,000 3. Garage Liability insurance including coverage for the following: 300,000 The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the or bid number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change, ITB 4438-03I-MA , Heavy Vehicle & Equipment Maintenance and Repairs Service 1TB NW-631-MA . Heavy Vehicle & Equipment Maintenance and Repairs c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f, All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 131h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. ITB aa8-031-MA , Fleavy Vehicle & Equipment Maintenance and Repairs Service ITB 408-031-MA , Heavy Vehicle & Equipment Mainteaaace and Repairs Ill. GENERAL CONDITIONS •••` PLEASE READ CAREFULLY "• These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. I Requirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services are required Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 Nonanprooriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose b}• 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 thirty (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. 3 invoices' Contractor shall submit separate invoices, in duplicate, on each purchase order or purchse release after each delivery. invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy ofthe bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Contractor shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CiTY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 No Warranty By The City Against Infringements: As part of the contract for sale. Contractor agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Contractor will save The City harmless. If Contractor in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 5 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. in the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 6 Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 7 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. S Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200. which is generally known as the Right to Know Law.) 9 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 10 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other parry give written assurance of this intent to perform. in the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. i i Unsatisfactory Work: If at any time during the contract term, the service performed or work done by the Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the community. the Contractor shall, on being notified by the City, immediately correct such deficient service or work. to the event the Contractor fails, after notice. to correct the deficient service or work immediately, the City shall have the r%gtd to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. i 2 Time: it is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract. 13 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished ITB 908-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs Service 1TB 1108-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 14 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations. and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy, • minimize the use of hazardous materials by choosing the least toxic - yet et%ctive - materials and products; • use the highest available post -consumer content materials and products, • recycle and/or reuse as much as is possible, waste materials: and incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 15 The City Ruaht to Audit At any time during the term of this 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 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. ITd s08-03 i-MA , Heavy Vehicle & Equipment Maintenance and Repairs ServiCe