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HomeMy WebLinkAboutResolution - 2010-R0075 - Contract 9409 Express Car Care, Inc. For Oil Change Services - 02/09/2010Resolution No. 2010-R0075 February 9, 2010 Item No. 5.20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9409 for oil change services, by and between the City of Lubbock and Express Car Care, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 9, 2010 TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City Secret 6 APPROVED AS TO CONTENT: - clv" ��'/ Mark earwo , Assistant City Manager Chief Information Officer APPROVED AS TO FORM: t Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Express Car Care, Inc. January 27, 2010 Resolution No. 2010-R0075 CITY OF LUBBOCK CONTRACT FOR SERVICES OIL CHANGE SERVICES -ANNUAL PRICING CITY OF LUBBOCK, TEXAS ITB NO. 10-043-RH Contract 9409 THIS CONTRACT, made and entered into this 9th day of February. 2010, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Express Car Care. Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Oil Change Services -Annual Pricing 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 Oil Change Services -Annual Pricing. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Oil Change Services - Annual Pricins specifically referred to as Item(s) No. 1 through 9 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 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. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. The contract shall be for a period of one year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for four additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 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 Worker's Compensation: The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by Contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The Contractor may maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Garage Liability Auto and Other coverage $1,000,000 The City of Lubbock shall be named a primary additional insured Products/Comp/Op must be included with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The Contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 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 #10-043-RH, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK: Tom Martin, Mayor ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Mark Ye 31rwood, CPb, Assistant City Manager APPROVED AS TO FORM: Assistant City Attorney CONTRACTOR: B ' Au ori d Representative Address G/, X 7� Sia y ITB No. 10.043-Ril, Oil Change Services -Annual Pricing BID FORM Resolution No. 2010-R0075 OIL CHANGE SERVICES -ANNUAL PRICING CITY OF LUBBOCK, TEXAS ITB NO. 10-043-RH In compliance with the Invitation to Bid No. 10-043-RH, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar N%ith 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 No. 10-043-RH is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Full Service Oil Change/Filter (Cost Per Vehicle): The following vehicles are typical of the City fleet. Provide costs excluding tax. Your rates below should be representative of the rates that would be given for any type of vehicle in the fleet. Assume 6 quarts ofoiI for standard pricing. ITEM QTY (More or Less) UNIT VEHICLE TYPE COST PER UNIT EXTENDED COST I. 135 Each Non -Police Sedans $ 26.99 $ 3643.65 2. 397 Each Police Sedans $ 26.99 $ 10715.03 3. 235 Fach '/ Ton Pickups & SUV's $ 26.99 $ 6342.65 4. 77 Each 3/J Ton Pickups & SUV's $ 26.99 $ 2078.23 5. 112 Each I Ton Pickups & SUV's $ 26.99 $ 3022.88 6. 63 Each Vans (all sizes) $ 26.99 $ 1700.37 7. 500 Quart Oil. (Price for each additional quart of oil beyond 6 quarts) $ 4.49 $ 2245.00 8. 50 Each Additional cost for diesel engine oil filter $ 8.00 $ 400.00 Optional Services: Transmission Service including transmission filter and up to seven quarts of transmission fluid meeting O.E.M requirements. 9,)a 100 Each Transmission filter meeting O.E.M requirements $ 24.99 $ 2499.00 9.)b 700 Quart Transmission fluid meeting O.E.M requirements $ 4.99 $ 3493.00 9.)c 100 Each Transmission oil pan gasket (when needed) $ 19.99 $ 1999.00 9.)d 100 Each Transmission Flush $ 74.99 $ 7949.00 9.)e 200 Each Wiper Blade Replacement (single blade) $ 8.99 $ 1798.00 9.)f 100 Each TAir Filter $ 14.99 $ 1499.00 Indicate the number of days from award of contract that Nou would be ready to start-up operations: DAYS _ I The City of Lubbock is seeking a contract for Oil Change Services -Annual Pricing with one or more contractors. In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 2 %, net 10 calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms X01 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 ITB No. 10-043-11H, Oil Change services -annual Pricing the City \%ithin a stipulated number of days %\ill be interpreted as applying within the stipulated number of calendar days after the date of receipt bN the City of a correct invoice or after the date of acceptance that meets contract requirements, \%hichever 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 qualitN 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 qualitN, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in NNhich such lower price(s) is effective. INTERLOCAL PURCHASING (optioned): 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, "ould you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES X NO If you (the bidder) checked YES. the folloN%ing �Nill apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible. but not obligated, to purchase materials services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. TI IIS BID IS SUBMITTED BY Express Car Care Inc. a corporation organized under the laws of the state of Texasor a partnership consisting of individual trading as Firm: Express Car Care Inc Address: 7235 Quaker Ave City: Lubbock \i/WBE Firm: By of the City of State: Texas Zip 79424 n 1 u lori_ed Representative - must sign by or an Officer Name and Title: Jim Daile\ President Ple us e Print Business Telephone Number 806-795-9226 FAX: 806-795-3841 E -Mail Address expresscareants-online net LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. \Noma❑ 1,31 -,ick American Native American I lispanic American Asian Pacific American Other (Specify) n 1 u lori_ed Representative - must sign by or an Officer Name and Title: Jim Daile\ President Ple us e Print Business Telephone Number 806-795-9226 FAX: 806-795-3841 E -Mail Address expresscareants-online net LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.