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HomeMy WebLinkAboutResolution - 2004-R0536 - Contract For Repair And Servicing Of Light Duty Fleet Vehicles - 01_28_2004Resolution No. 2004—RO536 October 28, 2004 Item No. 32 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 a contract per ITB #04-129- VK for repair and servicing of light duty fleet vehicles by and between the City of Lubbock and Scott's Complete Car Care of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: �Clld Victor Kilbian, Purchasing Manager APPROVED AS TO FORM: Drnald G. Vandiver Attorney of Counsel ke/ccdocs/Scott's Complete Car Care ITB 04-129VK.res October 18, 2004 rlav of nntnhpr Resolution No. 2004-RO536 October 28, 2004 Item No. 32 Contract For Repair Et Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK CONTRACT FOR SERVICES THIS AGREEMENT, entered into this 28th day of October, 2004 ("Effective Date"), between the City of Lubbock ("City"), and Scott's Complete Car Care, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: I. Compensation. 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. II. Scope of Work. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid #04-129-VK attached hereto and incorporated herein. III. Contract Term: The term of this contract shall be for a period beginning the Effective Date and ending September 30, 2005, and thereafter from year to year for up to four additional one-year terms, provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving ninety (90) days notice in writing to the other party of its intention to cancel. IV. Relationship between City and Contractor. 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. V. Workers' Compensation and Insurance. The Contractor shall elect to obtain workers 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 nonrenewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. Contractors Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract, 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: Automotive Liability: Combined Single Limit: Garage Liability: Auto Only: Other than Auto: Other: Garage Keepers Legal Liability (primary): $500,000 $500,000 Each Accident $500,000 Each Accident $200,000 Each Accident The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds under the policies. 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. VI. Successors And Assigns: 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. VII. Entire Contract This Contract consists of the following documents set forth herein; Invitation to Bid #04-129-VK, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Executed in triplicate. rITY nF I IIRRnck Rebecca Garza, City Secretary CONTRACTOR BY Autho ed epresentatrve Address 7 a e G z v;hVclk -n,/ APPROVED•FORM: APPROVED AS TO CONTENT: C Robert Robinson, Interim Fleet Manager SUBMIT TO: CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Resolution No. 2004-RO536 PURCHASING DEP/ 1625 13T" STREET, October 28, 2004 LUBBOCK, TX7940. INVITATION TO BID Item No. 32 CONTACT PERSON Victor Kilman #04-1 29-VK TEL: 806.775.2167 FAX: 806.775.2164 hftp://purchasing.ci.lubbock.b(.us TITLE: SUBMITTAL DEADLINE: Repair & Servicing of Light Duty Fleet Vehicles October 5, 2004 at 1:00 p.m. CST PRE BID DATE, TIME AND LOCATION: Any bids received after the time and date listed above, regardless of the September 21, 2004 at 10:00 a.m., 1625 13'h Street, Room 203E mode of delivery, shall be returned unopened. SPONDENT NAME: IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". MAILING ADDRESS: ITY — STATE — ZIP: THE CITY OF LUB13OCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS C '!� IN WHOLE OR IN PART AND WANE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO ONE NO: q BE IN THE BEST INTEREST OF THE CITY. --C 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 AAXX NO: r�� �1 l%} j , D `'I OF OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY r (f L U/ COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN MAIL: C ^ WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. FAILURE TO PROVIDE THE APPROPRIATE INFORMATION WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. - 7F3'- 2-5 -7 w7 WAIVER OF ANY PROTEST. 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 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 purchased. Will any officer or employee of the City, or their spouse, benefit from the award of this bid to the above firm? YES NO 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 H the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, Oft, 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 Terms for price fixing relating to the particular commodfty(s) or service (s) purchased or acquired by the City of Lubbock. Mthediscretion, such nment shall be made and becomes effective at the time the City tenders final payment to the vendor. re if WI C-t--� Autho ed Signature Title 'RClrr tCf-,T Print(Type Name Date PLEASE COMPLETE THIS FORM AND RETURN WITH YOUR RESPONSE. Page 1 of 40 Bidder's Initial: BID FORM Repair & Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS 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 fisted below and agrees to provide automotive repairs/services for the City of Lubbock Light Duty vehicles at the labor rate and parts discount 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. DESCRIPTION Please check the services your company can perform and list the number of certified mechanics available for each service. Provide Number of Service? Mechanics? VEngine Repair W Automatic Transmission ( + 9 Manual Transmission 14- [f Trans -Axles and Rear Axles [� Front End l Brakes _ Electrical Systems_ Heating and Ai r Conditioning Gasoline Engine Tune -Up State Inspection Service r� State Inspection Fee $ 7- [� Tire Services t' 1 24/7 Service Available _14—_ V Courtesy Pickup and Delivery within City Limits of Lubbock, Texas Standard Labor Rate Per Hour. $ �3 Percent Discount on Labor Rate % or Q Flat Rate Per Hour Offered for this Bid: $ U o Trouble Shooting and Diagnostic Work (using diagnostic equor mw) Per Hour Labor Rate: Method of Calculating Discount on Parts Costs (choose one): Cost Plus % (or) List Price Minus _[L_% (or) Other: Nar of Flat (late Manual or Software Used for Costing Services Note: The successful bidder shah provide the City with manual at time of award. Warranty on Parts: I Z I Z Warranty on Labor: $ 4-9.00 Page 3 of 40 Bidder's Initial: BID FORM Repair & Servicing of City of Lubbock Light Duty Fleet vehicles CITY OF LUBBOCK, TEXAS DESCRIPTION Use the following example vehicle for the purpose of costing the services listed below.. 2003 Ford Crown Victoria, V-8 Gasoline Engine All services performed and/or parts supplied shall meet or exceed the original equipment manufacturer's warranty requirements. i� BID FORM Repair & Servicing of City of Lubbock Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS DESCRIPTION Use the following example vehicles for the purpose of costing the services listed below. 2003 Chevy C1500, V-8 Gasoline Engine All services performed and/or parts supplied shall meet or exceed the original equipment manufacturer's warranty requirements. BID FORM Repair & Servicing of City of Lubbock Light Duty Fleet Vehicles CITY OF WBBOCK, TEXAS DESCRIPTION Use the following example vehicles for the purpose of costing the services listed below. 2004 2500 Dodge Ram, V-8 Gasoline All services performed and/or parts supplied shall meet or exceed the original equipment manufacturer's warranty requirements. ona .`�. ►� i� BID FORM Repair 3 Servicing of City of Lubbock Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS DESCRIPTION Use the following example vehicles for the purpose of costing the services listed below. 2003 Chevy Malibu, V-6 Gasoline Engine All services performed and/or parts supplied shall meet or exceed the original equipment manufacturer's warranty requirements. Hours Service Parts Brand Required Labor Cost Parts Cost Total Cost 1. Service Transmission (Pan Drop) 5 7- Service Transmission_(Flushl $ 1 • Let) -5G I 1 q -q " - .' 1 ,74 ai Engine Tune-up NON04 sofa �d� 4 l M Air Cleaner A"wrt MR Mi Turn Rear Drums (2) 0Front End •(front1 :-::.� • / • x I • Parts Required: Front/Rear IMMUNE. •arts Required- V. N t W }� •EM Recommended I • • ' ME ^� v M! -Oil Filter fklf� DAW Air Conditioner Recharge (evacuate and compiete recharge) _ . • + W • • b _ - tea' t ,.- O'� BID FORM Repair & Servicing of City of Lubbock Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS PREVENTATIVE MAINTENANCE PM PM PM LEVEL LEVEL LEVEL ITEM ITEM DESCRIPTION "A" inypcct«n st,�ker "B" it C" 1. SUBCOMPACT AUTOMOBILES 1 �I , ho 2. INTERMEDIATE AUTOMOBILES I2 •Cl`I L 3. 2WD COMPACT TRUCKS A 12.5E) 11.CAq 1�`�•�i 4. 4WD COMPACT TRUCKS L�I•�C 17— 1 ti�tq Gift I �L 5. 2WD STANDARD PICKUP TRUCKS: `� •C�q CHEV. C10/1500, FORD F150 CHEV. C20/2500, FORD F250 I C1 S b k 11 •Sb 16 . C161 I Ci . l CHEV. C30/3500, FORD F350 1Cl � D -I 17-JD ► `� �I1 ;�, ) .1uZ 6. 4WD STANDARD PICKUP TRUCKS: CHEV. K10/1500, FORD F150 5G } t2 �� , CICI l '3 Z CHEV. K20/2500, FORD F250 -t I Z .S D ► .Ci`l ,o 1 L1 • bL CHEV. K30/3500, FORD F350 1q .5b-I IZ , � 1 `b •CiC1 yn� .� L 7. STANDARD VAN: 1 5D } 2 SD I "� .qC1 k'A FORD E150, OR EQUIVALENT FORD E250, OR EQUIVALENT I9.5 O + (2. 5b _ �/1 I Cl It" FORD E350, OR EQUIVALENT i e1.�G 8. SUVs tQ•h"G+ t2.L7-6 9. Mini Vans 4WD, AWD & RWD 1 5 D -+• 12.5b List your service facilities within Lubbock, Texas, capable of performing the PM services: � �lit� 12t .1f��; �-� �. L.�.'�'� •Z 5C (� �i--��1 S��T� Vehicle drivers may deliver vehicles to any of the facilities listed in above: Yes; No If no, please explain limitations: Indicate here the amount of time required to perform the PM services: Level "A" PM: '�() minutes. Level "B" PM: ")U minutes. Level "C" PM: 110 minutes. • Indicate here the brand(s) of products to be used for the PM services: Lubrication products: Filter elements: i�' BID FORM Repair 3 Servicing of City of Lubbock Light Duty Fleet Vehicles CITY OF WBBOCK, TEXAS FIELD REPAIR The City of Lubbock fleet vehicles occasionally suffer break downs due to minor items such as broken fan belts, alternator failures, burst radiator hoses, and hydraulic lines. Please describe in details your company's ability to respond and perform minor maintenance at the field location of the City vehicle. Include the following: Does you company provide field service Yes No ❑ If Yes, please answer the following questions. 1. Number of field service vehicles 2. Number of certified mechanics available for field service 3. The labor rate (not including parts) for field service 4. Mileage rate if applicable tk5 5. Description of the types of field services provided by your company. V-- L pj s, )P Ez ), P--) wCT(C (L L vS, PA C)� z yzk o A t p- 6. What are your company's hours of operation for field service? 24 hours? Yes V/No 0 If yes, is there a labor rate increase or trip charge? 1J0 5� PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net calendar days. Payment 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 �c Ponsidetre�d'. THIS BID IS SUBMITTED BY(A A � IVrul , n u)11`pnVt SC-yict,. a corporation organized under the laws of the State of R-A AS or a partnership consisting of of the City of or an individual trading as City: U)'Pp ?)U(.I- State: FPS Zip 1 q 413 M/WBE Firm: By Woman Black American Native American Hispanic American Asian Pacific American ,Q ther (Specify) Ut MULAA Representative - must sign by hand Officer Name and Title: � 1.� � C5►, .i2�C U_IWA (1VT Please Print Business Telephone Number ; U �; (�� ' �� D FAX: C1 LP CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY t')'�� l� �GG�-� being first duly sworn, on his/her oath, says that the bid above 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 s/he further says that the said bidder has not directly induced or solicited any bidder on the above work 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 O�Ff IRM SIMATURE OF BIDDER PL. iDr wr TITLE Subscribed and sworn to before me this day of ��, 2004 Notary Public in and for the State =ot,Y°° SANDRA L. LEWIS of Texas residing at * *#= Notary Public. Stale of Texas My Commission Expires 04.2MO07 NOTE: PLEASE COMPLETE THIS FORM AND INCLUDE WITH YOUR BID. Page 38 of 40 Bidder's Initial: —4 SCOTT'S COMPLETE CAR 7002 INDIANA and 34TH & L UBBOCK.9 TEXAS 797-9882 785-9882 CARE UNIVERSITY RE: BID REPLY ITB #04-129-VK Scott's Complete Car Care and its employees once again appreciate the opportunity to bid on servicing additional City of Lubbock vehicles. We hope our service in the past with the Lubbock Police Dept has proven to be satisfactory — both time wise and budget efficient. Scott's offers two convenient locations, experienced technicians, and emergency access to provide you with the superior service you deserve. Our locations at 7002 Indiana and 2506 341n Street are open from 8 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 2 p.m. on Saturday, but we will be available at all times for any emergency situation which may occur (See Attachment A for a list of contact personnel). Our experienced technicians are very familiar with governmental regulations, having provided service to various government entities in the past (See Attachment B). Our equipment and products are of the best quality and are updated on a regular basis. To insure quality and safety, we only use OEM or equal or more superior auto parts (See attachment Q. All of us here at Scott's Complete Car Care look forward to working with the City of Lubbock and will strive to meet all your servicing and repair needs. We thank you for allowing us to bid on ITB # 04-129-VK. Please feel free to contact us with any additional questions you may have. Scott Egert, Owner 797-9882 777-9882 SCOTT'S COMPLETE CAR CARE 7002 INDIANA and 34TH & UNIVERSITY LUBBOCK ,q TEXAS 797-9882 785-9882 RE: BID REPLY ITB # 04-129-VK ATTACHMENT A: EMERGENCY CONTACT NUMBERS: 24 Hr Towing Service Lubbock Wrecker 748-1044 After Hours Minor Repair Bob Moore m 787-1445 pgr 1-800-216-3133 pin # 545-8401 All Other Emergency Numbers Glenn Davis m 777-2246 h 687-8880 Ruben Palacios m 632-6150 h 794-6467 Jason Simmons m 438-8298 -h 797-3765 Scott Egert m 777-9882 h 863-4156 SCOTT'S COMPLETE CAR CARE 7002 INDIANA and 34TH & UNIVERSITY LUBBOCK , TEXAS 797-9882 785-9882 RE: BID REPLY ITB #04-129-VK ATTACHMENT B: GOVERNMENT AGENCIES SCOTT'S CURRENTLY SERVICES See below the list of contact personnel for each agency: LUBBOCK POLICE DEPT. Roger Ellis w 775-2764 Neal Brumley w 775-2875 DPS Charlene Pinkerton w 472-2700 TDJC MONTFORD UNIT Mr. Spencer w 745-1021 ext. 1157 UMC SECURITY Denny Milam w 775-8200 TABC Captain Dan Colors w 793-3221 .......................... ATTORNEY GENERAL'S OFFICE Steve Maines w 761-4711 TEXAS RANGERS Captain De Los Santos w 472-2880 U.S. MARSHALL SERVICE David Mead w 472-7655 m 773-2590 SCOTT'S COMPLETE CAR CARE 7002 INDIANA and 34TH & UNIVERSITY L UBBOCK, TEXAS 797-9882 785-9882 RE: BID REPLY ITB #04-129-VK ATTACHMENT C: LIST OF AUTO PART MANUFACTORS Mopar, Standard, Monroe, Walker, Gabriel, TRW, Moog, AC Delco, Motor Craft, Interstate, Gates LIST OF LUBRICANTS Pennzoil, Quaker State, Valvoline, Motor Craft, Mopar, AC Delco, Havoline, Rotella - plus any others offered All brands of synthetic lubricants are available at an additional amount. ITB #04-129-VK Repair @ Servicing of Light Duty Fleet Vehicles CiTY OF LUBBOCK, TEXAS I. INSTRUCTIONS TO BIDDERS 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. BID DELIVERY, TIME It DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Repair Ft Servicing of Light Duty Fleet Vehicles of approximately 356 vehicles per the attached specifications. Sealed bids will be received no later than October 5 at 1:00 p.m. CST if date/time stamped on or before October 5 at 1:00 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: Repair Et Servicing of Light Duty Fleet Vehicles 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: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 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 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 the bid. 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. 2 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 on September 21. 2004 at 10:00 a.m._ in Room 203B at 1625 13th Street Lubbock. Texas. All persons attending the conference will be asked to identify 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 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 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. Page 10 of 40 Bidder's initial: 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. FAILURE TO PROVIDE THE APPROPRIATE INFORMATION WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 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: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street Lubbock, Texas79401 Fax: (806) 775-2164 Email: vkilman@mylubbock.us RFPDepot: http://www.RFPdepot.com 4 ADDENDA 8 MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any 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 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 at http://www.RFPdepot.com 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. 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. 6 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 THE ADDITIONAL COPY MAY Page 11 of 40 Bidder's Initial: RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. SHOULD YOU CHOOSE NOT TO BID, FAILURE TO RETURN THE FORM STATING YOUR REASON FOR NOT BIDDING BEFORE THE RESPONSE DUE DATE/TIME MAY RESULT IN REMOVAL OF YOUR FiRM FROM THE BIDDERS LIST. 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. Failure to provide the appropriate information in the format requested shall be just cause for rejection of the bid. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. The Purchasing Manager upon request will execute tax exemption certificates. 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 packaging 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 Bids shall 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 is 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. 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. 7.2 The issuance of this ITB 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 that such information is in fact not privileged and Page 12 of 40 Bidder's Initial: 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. 9 LICENSES, PERMITS, TAXES 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 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 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% 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 SUBMITTER 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 shall 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(s) or to the bidder(s) 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; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules 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; h) The extent of services you are capable of providing; i) The equipment available to perform the services; Page 13 of 40 Bidder's Initial: j) Past experience with your firm or reference materials; k) Overall costs of labor and parts to City of Lubbock; l) The number and locations of service facilities available throughout the City of Lubbock, in order to reduce City employees' travel time and expense. m) The time required to perform each PM service, to reduce the period during which vehicles are out of service. n) The quality of products to be used by the contractor to ensure reliable performance of the vehicles; o) Warranty on parts and labor; p) Travel time to and from the contracted vendor; and q) Any relevant criteria specifically listed in the Invitation to Bid. 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 COMMIT 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 and for all makes and models of vehicles, 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 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms 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 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. Page 14 of 40 Bidder's Initial: 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. Failure to provide appropriate information may be just cause for rejection of 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 from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. 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. 15.7 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non- responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 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 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 Subcontractors 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; Page 15 of 40 Bidder's Initial: 17 18 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. 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. BONDS, INDEMNITY AND INSURANCE 18.1 No bonds are required to be submitted with this bid. 18.2 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 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. 18.3 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: Automotive Liability: Combined Single Limit: Garage Liability: Other: Auto Only: Other than Auto: Bailee's Insurance: $500,000 $500,000 Each Accident $500,000 Each Accident $500,000 Garage Keepers Legal Liability (primary): $200,000 Each Accident The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds under the policies. The contractor shall elect to obtain workers compensation coverage pursuant to Section 406.002 of the Texas Labor Code, or other acceptable alternate insurance. 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 said coverage by contractor or any cancellation or non -renewal of said insurance coverage for contractor shall be a material breach of contract. Page 16 of 40 Bidder's Initial: 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. 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 Council by contacting the Executive Assistant to the City Council. 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 PROVIDE THE APPROPRIATE INFORMATION WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. Page 17 of 40 Bidder's Initial: This Page Intentionally Left Blank Page 18 of 40 Bidder's Initial: ITB #04-129-VK Repair rt Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS II. 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. 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 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Contractor 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. 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 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. 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 Material Safety Data Sheets: Contractor shall provide Material Safety Data Sheets (MSDS) for all chemicals 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.) 6 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 Page 19 of 40 Bidder's Initial: 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. 7 Force Maieure: 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. 8 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. 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 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. 11 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. In the event the Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. 12 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 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 Product Guarantee: Contractor guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Contractor shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Contractor shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Contractor will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. Page 20 of 40 Bidder's Initial: ITB #04-129-VK Repair @ Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS IIi. SPECIFICATIONS SCOPE - The City of Lubbock is requesting bids for the purpose of contracting out for the repair and servicing of its light duty vehicles (approximately 356), which are described as any vehicle with a Gross Vehicle Weight rating of one (1) ton or less, excluding vehicles for Lubbock Power & Light, Lubbock International Airport, Lubbock Fire Department, and Lubbock Police Department. While it is the intent of this contract to be full service, the following are not authorized: body work, painting, window glass replacement, purchase of parts for stock, or service/parts for City employee owned vehicles. THE QUANTITY OF VEHICLES INCLUDED IN THIS CONTRACT (APPROXIMATELY 356) SHALL BE PHASED IN DURING THE INITIAL CONTRACT TERM WITH APPROXIMATELY 89 THROUGH DECEMBER 31, 2004; APPROXIMATELY 178 THROUGH MARCH 31, 2005; APPROXIMATELY 267 THROUGH JUNE 30, 2005; AND APPROXIMATELY 356 THROUGH SEPTEMBER 30, 2005. 2. GENERAL BIDDER REQUIREMENTS - To be considered responsive, bidder must be, at the time of bid opening, an established national or regional vehicle maintenance firm with all required licenses, bonding, facilities, equipment, and trained personnel necessary to perform the requirements specified herein. For all locations bid, bidder shall have and include under the terms of this contract, a network of owned/franchise company locations operating under one corporate name, each familiar with the terms and conditions of the contract. In addition, the responsive bidder must have the following state of the art equipment available to provide required services: For Lube, Oil Et Filter (LOF) and check only services: 1) Brake Lathe. 2) Air conditioning service center. 3) Starting and charging system tester. 4) Complete diagnostic services center. For tire services: 1) Front end alignment equipment. 2) Complete diagnostic equipment. 3) Complete tire repair £t replacement 3. STANDARDS - All services will be performed in accordance with best industry practices and all parts installed will be genuine, original manufacturer, or equal. If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state this fact. Vendor will return or provide inspection of all replaced parts. Service/parts guarantees and warranties shall be stated therein. 4. PERIOD - The term of this contract shall be for a period beginning the Effective Date and ending September 30, 2005, and thereafter from year to year for up to four additional one-year terms, provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving ninety (90) days notice in writing to the other party of its intention to cancel. PAYMENT - Vendor is to submit properly completed invoice(s) to the address specified on the purchase order. Page 21 of 40 Bidder's Initial: To ensure prompt payment, each invoice should cite purchase order number, bid number, description of work completed along with parts prices, unit and total price, discount terms and include the vendor's name and return remittance address. Payment will be mailed within thirty (30) days of (1) the receipt and acceptance of the equipment repair or maintenance, and (2) properly completed invoice. PRICE/CHANGES - The rates and discounts shown on the application and bid catalog pricing shall be consistently applied and remain firm throughout the first twelve months of the contract. Incidental charges for such things as shop supplies, rags, miscellaneous nuts, bolts, charges for making out the work orders, etc., are not authorized. Invoices must show the exact number of hours used to perform each operation and show net prices. Failure to abide by the above may be cause for cancellation of the contract. If requested by the vendor, on the anniversary date of the contract, labor rates may be adjusted per the West C, Urban Wage Earners and Clerical Workers Consumer Price Index -- 50,000 to 330,000 population. NO DISCOUNT ADJUSTMENTS WILL BE ALLOWED. 7. ESTIMATES/AUTHORIZATION - Vendor shall provide a written price estimate to the City of Lubbock Vehicle Control Monitor, or his designee, of all repairs estimated to exceed $500.00. Vendor shall not charge for work done or parts supplied which are not a part of the written price estimate and may not charge the customer more than one hundred percent (100%), exclusive of sales tax, of the total price shown on the written price estimate without obtaining prior oral or written authorization of the customer to exceed the original estimate. 8. USE OF CONTRACT - The contract is for Repair rs servicing of city or Lubbock Light Duty Fleet vehicles and no guarantee of dollar volume or frequency of use is expressed or implied by acceptance of a firm's bid. 9. REPORTS - Vendor, upon request, will furnish the City Purchasing Manager a written report of the total dollar volume of business. Such reports are to be submitted within 15 days of request. Vendor personnel will promptly respond orally or in writing, as fits the circumstances, to all inquiries regarding service bills and performance of work under contract. All information, reports and listings requested will be provided free of charge. 10. The City of Lubbock reserves the right to make contract award(s) on all groups of materials listed on the bid form or award based on any group or based on any combinations of groups. 11. The City of Lubbock reserves the right to reject any or all bids or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. 12. The intent of this contract is to provide full service, including pick up and delivery anywhere within the city limits of the City of Lubbock. Applications from specialists who do not provide a variety of services are not normally accepted, as such service/products are separately purchased as needed. In the event a tow truck is required to transport a vehicle to the contractor's facility, the contractor must use either the contractor's own equipment at no -cost to the City or the contractor's tow contractor at no -cost to the City. 13. These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each vendor shall clearly identify make, model or trade name of equipment bid on the face of his or her bid. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 14. TERMINATION - Time and convenience of the purchaser is of the essence. Repetitive substantiated complaints of delays, inefficient operating procedures, poor service and/or incorrect billings may be grounds for termination of the contract in whole or in part. Page 22 of 40 Bidder's Initial: This contract may be terminated by either party by giving ninety (90) days written notice of such intent and will become effective ninety (90) days from the date such written notice is delivered to the applicable party to the contract. The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon ninety (90) days written notice to Contractor. 15. GIFTS/GRATUITIES - Purchasers will not be offered or entitled to earn or receive personal gifts, gratuities, credits or other benefits of economic value by reason of their official business. 16. Any additional work found necessary that is not specified in this bid specification must be listed on a separate sheet entitled "Additional Materials/Labor Required". 17. ASSIGNMENT/TRANSFER/CHANGES - Not authorized without written approval of the Purchasing Manager, City of Lubbock. Other services may be added as needed to this contract. Any changes or additions are not authorized without written approval of the City of Lubbock Purchasing Manager. 18. PARTS - The vendor shall maintain an adequate stock of normal replacement parts and shall ensure availability as required for the required work. 19. RECORDS - Bidders should clearly describe the record -keeping system and forms. The City needs to have very clear, easy -to -read records of the maintenance and lubrication work performed. The records must track the mileage of the vehicle, date of service, services performed, and next service due dates. Vendor shall provide the driver/operator with a copy of the services performed, identifying the a) City 'V' number, located on the rear of the front fenders of vehicles with the City logo, or from the operator of un-marked vehicles; b) current mileage; c) hour meter reading (if equipped); and d) signature, printed name of City employee authorizing the work. The vendor shall also forward a copy of each ticket to Fleet Service with the billing statements. The vehicle shall be furnished with the vendors windshield sticker identifying the date and mileage of the next service due, based on a 3,000 mile interval. 20. DISPOSAL - All fluids, used parts and oils must be disposed of in a safe and legal manner. 21. All materials used by the contractor shall be of a quality currently used commercially conforming to current engineering and manufacturing practices; and shall be free of defects which will adversely affect the function or appearance of the finished article. a) Lubrication products shall be of the weight, viscosity and type recommended by the vehicle manufacturer meeting or exceeding the original equipment manufacturer (OEM) requirements, and shall conform to SAE specifications as applies to each vehicle category. b) Bids will be accepted for the use of the following brand names only: Amoco, Castro GTX, Chevron, Conoco, Gulf, Mobil, Pennzoil, Phillips 66, Quaker State, Shell, Sun, Texaco, and Valvoline. c) No blended mixtures, re -brands or re -packaging of original brand name products will be accepted; and bids offering a private label brand shall not be considered. d) All filter elements shall be of premium quality materials and construction by a nationally recognized manufacturer; and shall be of correct size and capacity as recommended by the vehicle manufacturer (OEM or equal). Page 23 of 40 Bidder's Initial: e) The same brand of materials shall be used at all locations to provide for consistent service and performance. f) Any substitutions of products indicated on the Bid Form must be approved in advance by the City of Lubbock Fleet Services Manager, or his designee. 22. Contractor shall be responsible for the proper disposal of used fluids, filters and other items in accordance with all current health and safety regulations. 23. The City reserves the right to spot check the quality of services performed and the compliance with specifications of products being used by the contractor; and may require the contractor to make necessary corrections to services and/or products at the Lubbock Fleet Services, 206 Municipal Drive, Lubbock, Texas, during the term of the agreement. 24. The contractor is encouraged to report any necessary repairs they discover to the vehicle driver; however, contractor should not request permission of the operator to perform services and repairs not outlined in the service schedule. ALL SAFETY RELATED REPAIRS MUST BE REPORTED IMMEDIATELY TO THE DRIVER AND TO THE FLEET SERVICES MANAGER, OR HIS DESIGNEE. 25. Contractor shall prepare a service report, for each visit, itemizing the following information: " date of service " City vehicle number • City department • vehicle mileage • service charges • services performed • all defects located as a result of inspections. • the service report shall be signed by the City vehicle driver. One copy of the service report shall be given to the vehicle driver immediately upon completion of the PM service. Contractor shall mail one copy of all service reports for the preceding month to the Fleet Services Manager for review and archive. Mailing address is: Lubbock Fleet Services 302 Municipal Drive Lubbock, TX 79401 Attn: Fleet Services Manager The monthly report must be received at the Fleet Services Department before 12:00 noon of the fifth day of the following month. 26. Repair Priorities Priorities can change on a daily basis depending on emergency situations, work priorities, and availability of backup units. The successful vendor(s) will be responsible for adhering as much as possible to the repair priorities. As a general guideline, the normal repair priorities are as follows: 1. Top Priority - Emergency response vehicles 2. Second Priority - Construction equipment, backhoes, bucket trucks and dump trucks. 3. Third Priority - Work trucks, picks, utility vehicles, landscape management vehicles and equipment; and 4. Fourth Priority - All other vehicles and equipment units, such as administrative sedan and small engine equipment. Page 24 of 40 Bidder's Initial: ITB #04-129-VK Repair l3 Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS IV. Vehicles (Excludes vehicles for Lubbock Power Et Light, Lubbock International Airport, Lubbock Fire Department, and Lubbock Police Department) DEPT NO. AND MAKE MODEL UNIT NO. MODEL YEAR 2242 RADIO SHOP 1990 CHEV G2500 V900115 1996 CHEV K1500 V960084 2002 CHEV S10 BLAZER V020058 2411 PUBLIC INFO/CUST SER 2003 FORD E 150 V030113 2510 BUILDING SERVICES 1994 CHEV C1500 V940068 1989 CHEV C1500 V890184 1989 CHEV G2500 V890164 2004 CHEV G2500 V040064 1993 CHEV K3500 V930143 1995 FORD F150 V950081 2004 FORD F150 V040063 1992 FORD F150 V920109 1995 FORD F250 V950095 3113 SELF INSURANCE 2003 CHEV K1500 V030116 3211 MUNICIPAL COURT 2002 CHEV IMPALA V020131 1996 CHEV LUMINA V960063 2003 FORD C RN-V I C V030036 1998 FORD TAURUS V980056 3410 INFORMATION TECH 2000 CHEV ASTRO VY20144 2003 CHEV ASTRO V030175 2003 CHEV ASTRO V030174 1997 CHEV S10 BLAZER V970059 3511 PURCHASING 1994 OLDS CIERA V940061 3522 CENTRAL WAREHOUSE 1992 FORD F150 V920122 3526 FLEET SERVICES 1991 CHEV BLAZER V910074 1989 CHEV C1500 V890163 1981 CHEV K3500 V810090 1997 CHEV LUMINA V970052 1997 CHEV LUMINA V970054 1997 CHEV S10 BLAZER V970056 1995 FORD E350 V950093 1997 FORD EXPEDITION V970096 1991 FORD F150 V910045 1994 OLDS CIERA V940050 1994 OLDS CIERA V940054 2002 TOYOTA PRIUS V020145 Page 25 of 40 Bidder's Initial: 3530 FLEET - PARTS 1994 CH1=V: 01600 V940113 1994 CHEV C1500 V040089 4111 ' COMPREHENSIVE PLAN 1992 CHEV LUMINA-. ; V020062 4211 ENV INSPECTION SERVICES 1998 CHEV C1500 V980049 1996 GHEV C1500 V960078 1996 CHEV" C1060 V960083 '2002` CHI=V C1500,V020071 2003 CHEV C1500 V030078 2003 CHEV C100"01 V030098 2003 CHEV C1500 V030103 2003 CHEV C16001 V030109 20013 CHEV C1500 V630108 2003+ CHEV C1500 V030102 2003 CHEV C1500 V630097 2002`, CHEV 1,1 C1500 V020072 2002 CHEV C1500 V020070 1994 CHEV C1500 V946060 2003 CHEV C2500 V030146 1996 CHEV G2500 V986081 1997 FORD E150 V970095 2003 FORD 0150' V030070 2003 FORD F150 V030071 2003 FORD F150 V030072 2003 FORD F150 V036073 4311 BUILDING INSPECTION 2003 CHEV BLAZER V030176 2001 CHEV C1500 V010073 2001 CHEV C1500 V010074 2001 CHEV C1500 V010076 2002 CHI_V C1500 V020069 2001 CHEV C1500 V010077 1996 CHEV LUMINA V960070 2001 DODGE 1500 V010036 2003 FORD F150 V030069 4464 COMM DEV FIELD SERV 02-03 2003 CHEV ASTRO V030135 1998 CHEV C1500 V980051 2002 CHEV C1500 V020076 1997 CHEV LUMINA V97$.- __2000 VY20063 2000 FORD F150 VY20041 2001 FORD F150 V010055 4511" TRANSIT 1906 CHEV ASTRO V960079 1991 CHEV CAPRICE V910123 1997 CHEV G1600 V970101 1988 CHEV G3500 V880104 1997 FORD CRN-VIC V970097 2000 FORD CRN-VIC VY20158 1997 ` FORD CRN-VIC V970099 1997 FORD CRN-VIC V970098 2000 FORD E350 VY20150 2001 VAN E150 V010040 Page 26 of 40 Bidder's Initial: 4523 ENGINEERING & DESIGN 1999 CHEV C2500 V990083 2003 CHEV C2500 V030068 4525 TRAFFIC OPERATIONS 1996 CHEV ASTRO V960080 1998 CHEV C2500 V980070 2003 CHEV C2500 V030082 2000 FORD F150 VY20049 1997 FORD F350 V970141 4531 PAVED STREETS 1994 CHEV C1500 V940071 2003 CHEV C1500 V030154 2003 CHEV C1500 V030104 1994 CHEV C3500 V940106 1994 FORD BRONCO V940110 1993 FORD F150 V930086 4533 UNPAVED STREETS 2003 CHEV K1500 V030132 2003 FORD EXPEDITION V030064 4539 CONCRETE CONST 1996 FORD F250 V960060 4541 STREET DRAINAGE 1994 CHEV C1500 V940075 2002 CHEV C1500 V020074 2003 CHEV C1500 V030126 2004 CHEV C1500 V040072 2003 CHEV C1500 V030127 1997 CHEV SUBURBAN V970100 1998 FORD F150 V980058 5214 LIBRARY/MAHON 2003 CHEV ASTRO V030136 2003 CHEV ASTRO V030173 5220 LAH RECREATION AREA 2000 CHEV K2500 VY20068 5221 PARK MAINT/ROW 1994 CHEV C1500 V940083 1994 CHEV C1500 V940085 1994 CHEV C1500 V940076 1994 CHEV C1500 V940084 2002 CHEV C1500 V020066 2002 CHEV C1500 V020068 2003 CHEV C1500 V030096 2003 CHEV C1500 V030095 2003 CHEV C1500 V030106 2003 CHEV C1500 V030105 2003 CHEV C1500 V030100 2003 CHEV C1500 V030099 2002 CHEV C1500 V020067 1994 CHEV C1500 V940077 1997 CHEV C2500 V970133 2003 CHEV C2500 V030151 2003 CHEV C2500 V030149 2003 CHEV C2500 V030163 2003 CHEV C2500 V030162 2003 CHEV C2500 V030155 2001 CHEV C2500 V010080 2003 CHEV C2500 V030143 2003 CHEV C2500 V030144 2003 CHEV C2500 V030150 Page 27 of 40 Bidder's Initial: 2002 CHEV C2500 V020091 2001 CHEV C2500 V010079 1993 CHEV C3500 V930148 1999 CHEV C3500 V990089 1990 CHEV K1500 V900105 2000 CHEV K2500 VY20069 1996 CHEV K3500 V960118 1993 FORD F-250 V930054 1993 FORD F-250 V930052 1997 FORD F150 V970081 1997 FORD F150 V970083 1997 FORD F150 V970085 2000 FORD F150 VY20056 2000 FORD F150 VY20055 1993 FORD F150 V930082 1993 FORD F150 V930081 1995 FORD F150 V950076 1995 FORD F150 V950082 1995 FORD F150 V950079 1995 FORD F150 V950078 1999 FORD F150 V990036 1996 FORD F150 V960064 1996 FORD F150 V960066 1996 FORD F150 V960065 1997 FORD F150 V970087 1997 FORD F150 V970084 1997 FORD F150 V970082 2001 FORD F250 V010043 2001 FORD F250 V010044 1996 FORD F350 V960086 1996 FORD F350 V960074 1994 FORD F350 V940078 5223 PARK DEVELOPMENT 2000 FORD F150 VY20045 5225 INDOOR RECREATION 1992 CHEV G3500 V920068 2000 FORD E350 VY20085 2000 FORD E350 VY20087 2000 FORD E350 VY20086 5227 OUTDOOR RECREATION 2002 CHEV C1500 V020065 1992 CHEV G3500 V920069 2003 CHEV MALIBU V030090 2000 FORD F150 VY20051 5228 CEMETERY 1994 CHEV C1500 V940086 2003 CHEV C1500 V030107 1993 CHEV C3500 V930146 1994 CHEV K3500 V940122 1993 FORD F150 V930085 2001 FORD F450 V010059 2003 FORD RANGER V030080 2003 FORD RANGER V030081 1995 FORD TAURUS V950071 5241 CIVIC CENTER 2003 CHEV C1500 V030101 2003 CHEV C2500 V030156 2003 CHEV G1500 V030128 5243 AUDITORIUM/COLISEUM Page 28 of 40 Bidder's Initial: 2002 CHEV C1500 V020064 5313 ANIMAL SERV FIELD 1995 CHEV ASTRID V950087 1999 CHEV C2500 V990082 1998 CHEV C2500 V980068 1998 CHEV C2500 V980069 1998 CHEV C2500 V980067 2004 CHEV C2500 V040079 2004 CHEV C2500 V040081 2004 CHEV C2500 V040080 1992 CHEV C3500 V920081 2002 CHEV G2500 V020114 2003 CHEV G2500 V030055 2003 CHEV G2500 V030057 2003 CHEV G2500 V030056 2002 CHEV G2500 V020116 2002 CHEV G2500 V020115 2002 CHEV K2500 V020095 5417 LAB SERVICES 1996 CHEV C1500 V960091 1996 CHEV C1500 V960077 1992 CHEV CAPRICE V920042 1998 CHEV G2500 V980083 2003 CHEV MALIBU V030087 2003 CHEV MALIBU V030088 2003 CHEV MALIBU V030089 2000 FORD F150 VY20052 2000 FORD F150 VY20054 2001 FORD F150 V010054 1994 OLDS CIERA V940057 5419 VECTOR CONTROL 1998 CHEV C1500 V980047 1994 CHEV C1500 V940087 1996 CHEV C1500 V960076 2004 CHEV K1500 V040073 2003 CHEV K2500 V030170 2003 CHEV K2500 V030172 2003 CHEV K2500 V030171 1996 CHEV K3500 V960102 1992 CHEV K3500 V920141 1994 CHEV K3500 V940094 1993 CHEV K3500 V930149 2003 FORD EXPEDITION V030065 1995 FORD F150 V950084 1993 FORD F150 V930080 1995 FORD F150 V950085 5511 RESIDENTIAL COLLECT 1999 CHEV C1500 V990087 2002 CHEV G3500 V020104 2002 CHEV K1500 V020120 2000 CHEV K2500 VY20143 1998 FORD F150 V980060 2001 FORD F150 V010057 2000 FORD F150 VY20042 2001 FORD F250 4X4 V010068 Page 29 of 40 Bidder's Initial: 5515 SOLID WASTE DISPOSAL 2002 CHEV C3500 V020063 2004 CHEV K1500 V040074 2003 CHEV K2500 V030133 2003 CHEV K2500 V030134 1999 CHEV K3500 V990088 2000 CHEV K3500 VY20074 1998 FORD F150 V980059 2001 FORD F150 V010058 2002 FORD F250 V020052 2002 FORD F350 V020056 5519 RECYCLING COLLECTION 2000 CHEV C2500 VY20062 6111 WATER ADMINISTRATION 2003 CHEV G2500 V030157 2003 CHEV G2500 V030158 2001 CHEV G3500 V010035 1995 CHEV TAHOE V950101 6211 WATER ENGINEERING 2003 CHEV BLAZER V030161 1998 CHEV C1500 V980048 2002 CHEV C1500 V020123 1998 CHEV K3500 V980077 1998 CHEV S10 BLAZER V980064 1998 CHEV SUBURBAN V980085 1997 FORD F150 V970086 6311 METER & CUST SERV 1998 CHEV C1500 V980057 2003 CHEV C1500 V030153 2002 CHEV C2500 V020092 2002 CHEV C2500 V020093 2002 CHEV C2500 V020094 2001 CHEV G20 V010060 2003 CHEV K2500 V030165 2004 CHEV K2500 V040082 1997 CHEV K3500 V970115 1997 CHEV S10 BLAZER V970092 1997 FORD E150 V970094 2000 FORD E250 VY20134 2001 FORD F250 V010042 2001 FORD F250 V010045 2001 FORD F250 V010046 6321 EQUIPMENT MAINT 2002 CHEV C1500 V020122 2001 CHEV K3500 V010085 6331 PIPELINE MAINT 1997 CHEV C2500 V970062 2003 CHEV C2500 V030148 2003 CHEV C2500 V030147 1997 CHEV G2500 V970063 1994 CHEV K1500 V940123 2000 CHEV K3500 VY20076 1998 CHEV S10 BLAZER V980075 1995 CHEV TAHOE V950102 2004 DODGE 2500 V040077 Page 30 of 40 Bidder's Initial: 1998 FORD F150 V980045 1997 FORD F150 V970091 1993 FORD F150 V930077 1992 FORD F150 V920123 1996 FORD F150 V960069 1996 FORD F250 V960068 1990 FORD F350 V900142 6343 PUMPING $ CONTROL 1997 CHEV C2500 V970060 2000 CHEV C3500 VY20036 2002 CHEV C3500 V020061 2002 CHEV C3500 V020060 2001 CHEV K2500 V010048 2004 CHEV K2500 V040083 2003 CHEV K2500 V030152 2001 CHEV K2500 V010089 2001 CHEV K2500 V010088 1999 CHEV S10 BLAZER V990085 2000 FORD F150 VY20043 2000 FORD F350 V010072 6345 WATER TREATMENT 2000 CHEV K3500 VY20073 6347 WATER PRODUCTION 2001 CHEV K2500 V010090 2004 CHEV K2500 V040084 2002 FORD F350 V020057 6349 WATER RESERVOIR 2004 CHEV K1500 V040075 2000 FORD F150 VY20058 6411 WATER RECLAMATION 1994 CHEV C1500 V940091 2002 CHEV C1500 V020073 2003 CHEV C1500 V030094 1998 CHEV C2500 V980071 2000 CHEV C2500 VY20133 2003 CHEV C2500 V030164 2000 CHEV C2500 VY20132 1997 CHEV K2500 V970061 1997 FORD F250 V970104 6413 WASTEWATER COLL 1999 CHEV C2500 V990077 2002 CHEV C3500 V020062 2000 FORD E250 VY20135 2001 FORD F250 V010049 6415 LAND APPLICATION SIT 2001 CHEV K2500 V010081 2001 CHEV K2500 V010082 2003 CHEV K2500 V030169 2003 CHEV K2500 V030167 2003 CHEV K2500 V030166 2001 CHEV K2500 V010084 2001 CHEV K2500 V010083 1997 CHEV SUBURBAN V970093 1988 FORD F350 V880101 2002 FORD F350 V020055 2002 FORD F350 V020051 2002 FORD F350 V020054 2002 FORD F350 V020049 2002 FORD F350 V020050 Page 31 of 40 Bidder's Initial: 1990 FORD F450 V900157 6417 IND MONIT/PRETREATME 1995 CHEV K2500 V950099 1994 FORD F250 V940080 2001 FORD F250 4X4 V010050 6421 SAMPLING & MONITORING 2001 CHEV K2500 V010086 2003 CHEV K2500 V030168 2001 CHEV K2500 V010087 6511 STORMWATER MGMT 1994 CHEV K3500 V940105 1994 CHEV K3500 V940107 2001 CHEV S10 V010061 1994 OLDS CIERA V940056 6512 STREET CLEANING 1990 CHEV C1500 V900102 1992 FORD E350 V920300 6513 STORM SEWER MAINTENANCE 1994 CHEV C1500 V940072 83027 LIBRARY TECHNICAL ASST 03-04 1997 CHEV LUMINA V970055 87005 EMERGENCY MANAGEMENT 2003 CHEV SUBURBAN V030058 Note: The list of vehicles is for INFORMATION PURPOSES ONLY. Because the City may award contracts to multiple bidders in order to provide repair and service for all fleet vehicles and it is understood that not all bidders may have the ability to repair and service every make and type of vehicle shown on the vehicle list, the bidder is NOT required to have the ability to repair and service every make and type of vehicle shown on the vehicle list. THE QUANTITY OF VEHICLES INCLUDED IN THIS CONTRACT (APPROXIMATELY 356) SHALL BE PHASED IN DURING THE INITIAL CONTRACT TERM WITH APPROXIMATELY 89 THROUGH DECEMBER 31, 2004; APPROXIMATELY 178 THROUGH MARCH 31, 2005; APPROXIMATELY 267 THROUGH JUNE 30, 2005; AND APPROXIMATELY 356 THROUGH SEPTEMBER 30, 2005. Page 32 of 40 Bidder's Initial: ITB #04-129-VK Repair Et servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS V. VEHICLE MAINTENANCE DESCRIPTION VEHICLE MAINTENANCE (for all types of light duty automotive vehicles) Types of vehicle maintenance to be included in this contract are as follows: 1. Oil and filter change 2. Complete tune-up a) 4 cylinder b) 6 cylinder c) 8 cylinder 3. Replace Air Filter. 4. Front end alignment (front and rear wheel drive) 5. Major maintenance items: a) Brakes b) Transmission c) Engine d) Transaxles, CV joints and shafts e) Drive shafts, rear axles and differentials 6. Lubrication (including wheel bearing inspection and pack). 7. Tire Services (please indicate in your bid response which of the following items 24/7 service is available): a) Rotate tires b) Mount and balance c) Wheel balance d) Tubeless Valve e) Install Tire Chains f) Remove Tire Chains g) Pull Street Tires and Mount Snow Tires h) Tire Change Service (Nights) i) Tire Change Service (Days) Page 33 of 40 Bidder's Initial: ITB #04-129-VK Repair l3 Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS VI. BASIC LURE, OIL, FILTER DESCRIPTION BASIC LOF REQUIREMENTS Basic LOF (Lube, Oil, Filter) Services to be performed: 1. For the flat fee identified for the Basic LOF, vendor will perform on Lubbock City vehicles all items listed below. Such service will be routinely completed within thirty (30) minutes of vehicle arrival during vendor's normal hours of operation. Reservations will not be required. All services performed/parts supplied to meet or exceed original equipment manufacturer's warranty requirements: a) Drain oil and refill with up to 5 quarts of major brand premium quality oil (Multigrade 10-40 W, 15-40 W or 5-30 W meeting OEM recommended API rating). b) Install new top quality oil filter meeting OEM recommended API rating. c) Lubricate chassis. d) Inflate tires to proper pressure and check for foreign objects. e) Wash exterior of windows. f) Vacuum vehicle interior. The following items are checked and serviced as needed: 2. Check and fill fluid levels, including: a) Battery. b) Radiator. c) Transmission. d) Differential. e) Brakes. f) Power Steering. g) Windshield Washer with antifreeze protected solution. h) Vehicle lights: All headlights high and low beam All turn signals All dash lights Any auxiliary lights License plate lights Any and all emergency lights 3. Check air filter and PCV valve (replace as needed). 4. Check Wiper Blades (replace as needed). Page 34 of 40 Bidder's Initial: ITB #04-129-VK Repair @ Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK, TEXAS VII. PREVENTATIVE MAINTENANCE SERVICES The Preventative Maintenance (PM) levels of service and frequencies are as follows: LEVEL "A" PM SERVICE a) Frequency of service: Every 3,000 miles or six (6) months, which ever comes first. b) Service Requirements: Replace engine oil and filter and check for fluid leaks. Lubricate chassis and universal joints, and "CV" joints if applicable. Clean zerk fittings before adding lubricant. Check and fill fluids to proper levels: Transmission `Differentials *Power Steering and radiator overflow tank. Clutch and Brake master cylinder reservoir. *Windshield washer *Battery *4-Wheel drive transfer case Inspect for wear, proper operation, leaks, valid State Inspection, and note defects on service report and report defects to vehicle driver: *Engine, air filter, drive belts *Undercarriage "Exhaust system *Lights and turn signals "Valid State Inspection Inflate tires to recommended pressure Vacuum interior Wash windows, inside and out Page 35 of 40 Bidder's Initial: LEVEL "B" PM SERVICE a) Frequency of Service: every 12,000 miles or twelve (12) months which ever comes first. b) Service Requirements: All Level "A" PM Services, plus: *Replace air filter *Inspect: Fuel filter; Shock abosorbers; Drive shafts; U-joints; and Test antifreeze and ensure protection levels are +265 degrees Feherenheit for summer boil -over protection and -34 degrees Feherenheit for winter freeze protection. LEVEL "C" PM SERVICE a) Frequency of Service: every 24,000 miles or twenty-four (24) months which ever comes first. b) Service Requirements: All Level "A" and Level "B" PM Services, plus: *Replace transmission fluid and filter; *Drain and replace differential and transfer case fluids; and *Drain, flush and refill engine cooling system. Page 36 of 40 Bidder's Initial: 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 receipt of bid to: Victor Kilman, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # for the following 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 invitation to Bid. We do not offer this product/s or equivalent. (if you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) 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 specify below) REMARKS: Company Name: Address: City: State: Zip Contact Name: Title: Business Telephone Number. Internet Address: Company's Internet Web Page URL: FAX: Page 37 of 40 Bidder's Initial: CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY being first duly sworn, on his/her oath, says that the bid above 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 s/he further says that the said bidder has not directly induced or solicited any bidder on the above work 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 OF FIRM SIGNATURE OF BIDDER TITLE Subscribed and sworn to before me this day of , 2004 Notary Public in and for the State of Texas residing at NOTE: PLEASE COMPLETE THIS FORM AND INCLUDE WITH YOUR BID. Page 38 of 40 Bidder's Initial: Sample City Contract For Repair Ft Servicing of Light Duty Fleet Vehicles CITY OF LUBBOCK CONTRACT FOR SERVICES THIS AGREEMENT, entered into this day of , 2004 ("Effective Date"), between the City of Lubbock ("City"), and , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: Compensation. 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. II. Scope of Work. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid #04-129-VK attached hereto and incorporated herein. III. Contract Term: The term of this contract shall be for a period beginning the Effective Date and ending September 30, 2005, and thereafter from year to year for up to four additional one-year terms, provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving ninety (90) days notice in writing to the other party of its intention to cancel. IV. Relationship between City and Contractor. 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. V. Workers' Compensation and Insurance. Contractors Liability Insurance_ 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: Commercial General Liability: General Aggregate: $1,000,000 Automotive Liability: Combined Single Limit: $500,000 Page 39 of 40 Bidder's Initiat: U Garage Liability: Auto Only: $500,000 Each Accident Other than Auto: $500,000 Each Accident Other: Bailee'sInsurance: $500,000 The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds under the policies. 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. VI. Successors And Assigns: 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. VII. Entire Contract This Contract consists of the following documents set forth herein; Invitation to Bid #04-129-VK, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Marc McDougal, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO FORM: Attorney CONTRACTOR BY Authorized Representative Address Page 40 of 40 Bidder's Initial: