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Home My WebLink AboutResolution - 2008-R0208 - Contract For Heavy Vehicles Services - Mcwhorters, LTD - 06_13_2008Resolution No. 2008-RO208 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 McWhorters, LTD 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. / I /-� /40 �- TOM MARTIN, MAYOR ATTEST: — AL-Ie.- — - L 5-1 /,-" Reb I 4cca.Garza, City Secretary APP 'OVED AS TO CONTENT: MaCYearwood i 1\-J' Assistant City Manager/Chief Information Officer APPROVED AS TO FORM: Don Vandiver, Attorney o DDres/Mc Who rters-HvyV ehMaintCon08 Res June 3, 2008 ITB N08-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs Resolution No. 2008-RO208 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 13th 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 McWhorter's LTD ("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 eO8-031-MA . Heavy Vehicle & Equipment Maintenance and Repairs Service ITB #0&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. ITB 408-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs Service ITB #08-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK 1 r� AIAE Tom Martin, Mayor ATTEST: Re a ca Garza, City Secre ary APPROVED AS TO CONTENT: �C15aD� Ma earwood, Chief Inform YOf er Assistant City Manager APPROVED AS TO FORM: ssistant City Attorney CONTRACTOR BY A rize epresentative /n d 8" Address ITB 108-031-MA . Heavy Vehicle & Equipment Maintenance and Repairs Service "Exhibit A" McWhorter's LTD 08-031-MA Heavy Vehicle and Equipment Mainteance and Repair Hourly Repair Services Labor Rate Trucks Chassis $ 75 Drive Train 75 Engine 75 Accessories 75 Heating, Ventilation, Air Conditioning 85 Hydraulics 75 Electrcial 75 Alighnments 75 Welding and Fabricating 75 Trailers Chassie 65 Drive Train 65 Accessories 65 Electrical 65 Alighnments 65 Welding and Fabricating 65 ITS* 08-031-MA, Addendurn 41 City of Lubbock PURCHASING DEPARTMENT ROOM 2N N&MaPAL BUII.DING 1625 13m STREET LUBBOCK, TEXAS 79401 PH: (11" 773-2167 FAX: (SW 775-2164 httpJ/Pwtb eing.cijw6Dckts.m ADDENDUM # 1 Heavy Vehicle & uipment Maintenance and Kepaus ITB #108-031-MA DATE ISSUED: April 10, 2008 NEW CLOSE DATE: April 23, 2008 & 3:00 P.M. CST The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, sball remain in effect. Bidders attention is invited to review the attached Revised Bid Forms, Contract and Safety Questionnaire to be submitted with bid. General Specifications have been revised and attached. 22 CONTRACT TERM AND PRICING— has been revised as follows: The contract prices shall be firm for the first term of the contract. Contract will be for a term of five years, said date of term beginning upon City Council date of formal approval. Contract prices may be adjusted at the end of the fiscal year at the option of the Fleet Service Department up to one hundred percent (10(r) of the cost of living adjustment as measured by the Consumer Price Index (CPI). If an agreement eumt be reached, the contract will be tern inated at the end of the current fiscal year ending. THANK YOU, .Marta-M-varez CITY OF LUBBOCK Marta Alvarez Purchasing Manager It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's resconsibility to a&iN the Cily of Lubbock Ptuhesina Manager if any langmga reatimmonft elg_ o� combinations ti rao£ inadvertently restricts or limits the EMIIinmwo shftd in AWs ITB to a singe some, 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 close date. A review of such notifications will be made. 08-031-MA Revised Bid Form.doc Initials 1 TTB OW031-MA , Heavy Vehicle & Equipment Maintenance and Repairs SUBMIT TO: T . CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing & Contract Management 1625 13t° Street, Rm 204 Lubbock, Tx 79401-38M AN EQUAL INVITATION TO BID CONTACT PERSON: OPP()RTUNITY Marta Alvarez EMPLOYER ��( #08-031 AMA TEL: 806.7751167 FAX: 806.7751164 http://pumbasing.cilubbock.Ur. us TITLE: Heavy Vehicle & Equipment Maintenance and Repairs SUBMITTAL DEADLINE: April 17, 2008, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: April7, 200S M 10:00 A.M. Any bidsrecuwda)%rdrtneewad date hs*dabove, regn d9wgrzke in the City Hall, 16251P Street, Training Room L01, Lubbock, NO* ofdettrAry. shall be reh~dsmoperred Texas. RESPONDENT NAME: GAll-I—VIQM4 77) LAIN. THE OUTSIDE OF YOUR SEALED BID WITH THE TTB NUMBER, THE CLOSING DATE AND TMM AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 2'7,"STATEMENT O. SO x Z y, IF RETURNING AS A "NO BID-, PLEASE COMPLETE AND RETURN THE OF NO BID". CITY - STATE - ZIP: G !� THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT L /36 O Gk ANY AND ALL BM IN WIPDLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE TELEPHONE NO: / 71b Z CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED O h y TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: �� 675� J C REQUEST PERMITS COMPETITIVE BIDS IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LU13BOCK PURCHASING E-MAIL: _/ �cYsl��/./v Jor MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY 'Kiba'�L�/his 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 _ 7` —/ L� �j / O Z —� AGER NO LATER MAN �E (S) BY THE OR OVE e V BUSINESS DAYS PRIT THE ABOCHASING SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can bencTit 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 purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above fine? YES_ NO IN COMPLIANCE WITH THIS SOLICITATION, TIED UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPEC ICATIONS, 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 (his offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same material, supplies, equipnseat, or servi*s). and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror win convey, sea, assign, or transfer to the City of Lubbock a0 right, tith; and interest in and to an causes of action it may now or hereafter acquire under the Anti-trust laps of'the United States and the State of Taus for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of LubboclL At the City's discretion, such assignment shall be nude and become effective at the time the City tenders $ipaI payment to the vendor. 411Cf��fs//�,;ti� Au(heri Signature Title Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB 90&031 -MA, Heavy Vehicle & Equipne,d Maudentnce and Repairs Service ITB #08031-MA , Hsavy Vehkle & Etgdpment Maintenance and Repairs Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08-031-NIA 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. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock 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 dateltime 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: "TTB #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 13th Street, Room 204 Lubbock, Texas 79401 1.2 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 fails 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. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form most 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 clarification of the Invitation to Bid (ITB) documents, a pre -bid meeting will be held at 10:00 am._ April 7. 2008, in LOl — Trainins Room in City _Hall 1025 130'Street Lubbock. Texas. All persons attending the conference will be asked to ntify themselves and the prospective bidder they rePresWL 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 who do not attend the pre -bid meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If you would like information made available r B #08-031-MA , Heavy Vehicle & Equipment Mamtamme and Repairs Service M 408 OSn-MA , Heavy Vehicle & Equipment Maintenance 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. 3 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 Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits 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 bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ffB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (-',) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: (buyer name], Buyer Cih' of LuWvk 1625 13m Street LuWx cL Texas 79401 Fax: (806) 775-2164 Email maIN-arez/ci;M-lubbock. us RFPDepot: http://www.bid.ci.norwalk.ct.us./ http:/1Nv% Nv RFPdepot.com ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet ithfo://www.bid.ci.norwalk.ct.us_/ http:1AN v.RITdepot.coln. We strongly suggest that you check for and addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Anv offeror in doubt as to the true meaning of any part of the ITB or other documents mad° 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 ivill he made by iwitten addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department wvill be available over the Internet athttp://wWw.bid.ci.norwalk.ct.us./ http/hv�x-%r-.RFPdeoot.com and x ill become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will he binding. In order to have a request for interpretation considered_ the request must be submitted in writing and must be received by the Cite 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 bad 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. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB 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 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary 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, with all provisions and requirements of the Invitation to Bid. ITB #08.031-MA, Heavy Vehicle & FquipmentMa6tenance and Repairs Service M NWWI-MA , IIeavy Veldde & Equipment ltatrkenmwe and Repain BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATMIME. 'FAILURE TO SUBMIT THE 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. Tax 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 pa9 c gins 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 days 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 be 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 firm 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 M3 NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS 7 BID PREPARATION COSTS 7.1 Issuance of this ITB 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. 72 The issuance of this IT 3 does not obligate the City of Lubbock 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. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General 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 ITB #08-031-MA , Heavy Vehick & Equipment Maurwwice and Repairs Service M #ftW1-MA , Hervy Vehicle & Equipment Maintenarce sod Repsin 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 will 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 he 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 be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 5 1 % 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, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 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, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SU13WMR OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind 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 bid 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 The 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 deeds; e) The bidder's past relationship with the City; . f) The impact on the ability of the City to comply with laws and rulles relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. M 008-031-MA Heavy Vehicle & Equipment Maintenance and Repairs Service M ffi"1.MA , Heavy Vehicle & F(pdpand Mnintenamce and Repair 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 otherwise specified herein, the City may award the bid for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie 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 lower than lowest 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 with 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, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COb IIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS 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 determining 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 awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. 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 Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufactur&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 If 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 offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and 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 will be interpreted as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. The City has the right to waive minor defects or variations of a bid f . m the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. rM #09-031-MA, Heavy Vehicle & Equipment Mai tenence end Repain Service ITB NO" I -MA , Heavy Vehkk & Equipa" Msintenance and Repairs 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), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will 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 must be clearly tagged to show 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 famish 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 fails 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 shell 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 services. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, 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 18.1 No bonds are required to be submitted with this bid 18.2 The successful bidder shall meet the minimum insurance requirements as deemed in Section H. A City 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, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the ITB WS-031-MA , Heavy Vehick & Equipment Mamtmw= and Repeus Service rrB 008.031-MA , Heavy Ve6kk 8 EgLdpoent Maintenance and Repairs Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond 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 may 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 TE E ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 21.1 Pursuant to Subchapter Z, 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 writing, that the local bidder offers 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 defined by 47 U.S.C. Section 153. '11 T.......7- *,.1.;-44 .«.........4 .... A rrB #OS-1131-MA, Heavy Vehicle E EWipwW .Makk naee 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 #0"31-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 most be completed in blue or black ink or by typewriter. 4. Category: Forklifts: Clark, Hyster, Cat, Daewoo, Case, Hiiift, Princeton Current Fleet: 24 (please print your information) I. What is you labor rate per hour? (Billed in increments offull, half and % hours) $ per hour 2. What is your % markup on parts? off. "LIST PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? If yes, what is the mileage charge? $ Yes No 4. Could you respond to a pickup 24 hours a day? Yes No 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive Lubbock,Texas 79403). rTB #08-031•MA, Addendum #1 fnitiat ITB #WWI -MA , Heavy Vehkk & moment Maiotemnee and Repairs ** REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #0&031-MA In compliance with the Invitation to Bid #06431-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 famishing 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 most be completed in blue or black ink or by typewriter. 3. Category: 'Mailers 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, hay and'/, hours) S is S� per lour 2. What is your % markup on parts?? "LIST PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? <Yes If yes, what is the mileage ? Sg No 4 4. Could you respond to a pickup 24hours a Yes No 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive LubbockTexas 79403 s�> ,,c- rfB #08-031-,MA , Addendm 41 Initial ITB AW-031-MA , Henvy VeMcle & Egoip mt Mbinhnuntc ad Repdn ## 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. 2. Category: Off -Road Equipment (Tractors, Backhoes, Loaders, Excavators, Dozers, Graders, Scrapers, and Cranes) Current Fleet: 146 (please print your information) 1. What is you labor rate per hour? (Billed in increments offull, half and'!. hours) per hour 2. What is your % markup on parts? " ,U,W PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? Yes No If yes, what is the miles char e? S 4. Could you respond to a pickup 24 hours a day? Yes No 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock, Texas 74403) rrB MW31-MA, Addendum #1 Initial, ITB#S-031-MA , Heavy Vehkle & Equipmeat 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 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. Fadure to provide the appropriate information in the format requested shall be just cause for rejection of bid 1. Category: Trucks over 19500 IN 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 offull, half and % hours} �iC per hour 2. What is your percentage markup on parts? h LIST PRICE BOOK 3. Do you provide pickup and delivery of vehicles? if yes, what is the mileage charge? S z Ye No 4. Could you respond to a pickup 24 hours a day?',A Yes �No) S. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock, Tetras 79403) PARTS SHALL BE PROVIDED AT CRASH GUIDE LIST LESS PERCENT. 7 s y� ` ,.� f 4D ITB #08A31-MA, Addmsrmn to Initial ITB 031-MA , Heavy Vehlde k E n0werd MaMUnRna and Repairs Vendor shall mark the appropriate services offered by their company in the corresponding boles under "General Repairs" and/or "Specific Service Repairs" Cateaon. l Trucks General Repairs Specific Service Repairs Chassis Group Heating, Ventilation. Air- Conditionin Drive Train Group Hydraulics Group Electrical -Engine Accessories Grou Alignments Weldin / Fabricatin CategM 2 Off -Road Equipment General Repairs Specific Se> we Repairs CatcgM Trailers Category 4 Forklifts Chassis Gro Heatin entilatiow Air - Co onin Drive Train Group draulics Engine Group ctricai Accessories Ali ents el" / Fabricating I General Repairs Specific Service Repairs Chassis Group Heating, Ventilation, Air- Conditionin Drive Train Group Hydraulics. Engine GrouP Electrical Accessories Grou Alignments Welding / Fabricating General RepaiSMcdk4Cn ice Repairs Chassis Croup Ventilation, Air- nin Vdecs Drive Train Grouprauli Engine Group El ical Accessories u Ali eats Weld' Fabricating ITS 008-031-IMA , Addendum #1 Initil� __ IT11#W031-MA, Havy vekkie & Equipment Makanunee and Repaim Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS TTB #08-031-MA GENERAL SPECIFICATIONS FOR HEAVY VEHICLE & EQUIPMENT MAINTENANCE AND REPAIRS .1. The City of Lubbock ("the City) is seeking a contract for maintenance and repairs of heavy vehicles and equipment. ' . 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, DriveshaRs • Engine Group includes but not limited to Diesel & Gas Engines • Accessories Group includes but not limited to Batteries, Power Take Offs, Winches, Horns, Alarms SpeciYu Service Repair Groups • Heating, Ventilation, Air -Conditioning • Hydraulics • Electrical • Alignments • Welding / Fabricating 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, HiK Princeton ITB 908.031-MA, Addendwn #1 Initial ITBIIO MI -MA, Aesvy WWI& A Equipmad Ms&t amwe ■ W PA7irs 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 thereoL 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 (MCC) (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, suspensionhevocations 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 2M 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 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 environmental ITB #W31-MA , Addaxbum #I IMUM ITR MOB-931-MA, Heavy Vehicle to EquipaieM Mainkmnee and Repairs protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspensionlrevocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final order, 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. 0AMMON 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� 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 �i��►• :/ _ �tC�I 1. 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. Signature Title The bidder must complete, sign and return as part of their submittal response. rM 90"I-MA, Addendum kl initial ITB#W431-MA, Heavy vehicle & Fgripsaeat Malutemnee and Repairs PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of nett& calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment tame will be NET THIRTY DAYS. The City win pay the succmfid 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 data of receipt by the City of s correct invoice or after the date of acceptance that meets conbvact requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered MOST FAVOURED PRICING: The Bidder certifies that die price quoted is not in excess of the lowest price charged anyone else, including its most hvoarod custorner, for lie quality and quantity of the products/services; does not include an element of profit on do sale in wrcoss of that nohnnny obtained by due Bidder an the sale of products/services of film quality and quantity: and does not include any provision for discounts to selling agents. If at any time daring the 000tmct 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(*) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower prises) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optforW): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Tex= Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) chocked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as �Q`�j, t Z�b THIS Ban IS SUBMITTED BY r` M G �►✓),tr P 7 P_ f _ S j r,P r K C Sorg mud under the laws of the State of � A-Q , or a partnership consisting of -� AS of the City of Firm: M c lJ ' - �, ,nA- e (-,4 .)- -T L) Address: M/WBE Fran: Asian Authorized Represerntatim - must sign by hand Officer Name and or an individual trading zip ,�Y_ 012, Native American PkasePri t Business Telephoue Number FAX: Sr P 4 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITS NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS 1TB 108-031-MA , Addendum #1 initial ITB#08-031-MA , nervy VeMde & Egdpaent Mshitenare and Repain CITY OF LUBBOCK, TEXAS Heavy Vehicle & Equipment Maintenance and Repairs TTB # 0"31-MA INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent And Attached to Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will 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 award the contract to another Proposer. Bidder (Signature) Bidder (Print) IV1eA6 r44 er t TP Company Name (Print or Type) US lew Company Address to F+ f Name of Agent/Broker (Print or Type) Address of City. State, Zip: ay ='7Z-7 - . (Dar s Phone Number Fax Number Email Address 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. If you have any questions cin ect -dug these requirements_ please contact the Purchasing Department for the City of Luhtkxk at (806) 775-2572. The Proposer must complete, sign and return as part of their submittal response. ITB 408-031-MA , Heavy Vehick & Equipment Ma ntmsnce and Repairs Service rrB #O8AW1-MA , Heavy Vehirk & Equipment Maintenance and Repair City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility 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 writing, that the local bidder offers 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. This section does not apply to the purchase of telecommunications services 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 IP Street, Room 204 Lubbock, TX 79401 Complete all areas below. IncooWlet�e�c jf?davits�mmyrf be rejected Ae-Local Business Name: Yy h or`1 �I 's 1--rd. Local Address (must be within the City limitsr j c) d S Tugevs L tA_ 6 o<:+ Address of the company's principal place of business within the United States: ioo � Te > 5 LU % /Je 1. How many residents of the City of Lubbock are employed at the above, Lbusiness location? 2. Year your business was established in the City of Lubbock: / qT 3. For transactions that require sales tax, provide the following ReselleT information: Reseller Permit Number: I. -Zs i z-5 Goo 2 Company Name and Address (as it appears on permits �� Gydtor�-s Gin Does your business have more than one office in the State of Texas? Yes __.&. No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? k Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? _ X Yes No Under penalty of perjury, the undersigned states that the foregoing statements ate true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligaa"ty shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year. Authorized Signature: �- Date: Printed Name and Title: rrB #08-031-MA, Heavy Vehicle & EquipmentMamtenance and Repairs Service ITB NWW 1-MA , P*nvy VehWe & Eq iipnad Maintenance and Repain City of Lubbock Heavy Vehicle & Equipment Maintenance and Repairs TTB # 0"31-MA SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or malting 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 $25,000 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: �"/ Or �s Z 716 FEDERAL TAX ID or SOCIAL SECURITY No. Signature of Company Official: Printed name of company official sig in ve: Date Signed: 4 -24 -eg The Proposer must complete, sign and return as part of their submittal response. M 908-031-MA , Heavy Vehick & Equipmeru Maintenance and Repairs Service