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HomeMy WebLinkAboutResolution - 2008-R0209 - Contract For Heavy Vehicle Services - R&B Bearings & Hydraulics, Inc. - 06/13/2008Resolution No. 2008-RO209 June 13, 2008 Item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Contract and any associated documents with R&B Bearings and Hydraulics, Inc., of Lubbock, Texas, for services for heavy vehicle and equipment maintenance and repairs per Bid #08 -031 -MA, which Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 13th day of June , 2008. e--1- W 140" 00.�� TOM MARTIN, MAYOR ATTEST: Garza, City Secretary APPROVED A S TO CONTENT: earwood tt City Manager/Chief nformation Officer APPROVED AS TO FORM: N bn Vandiver, Attorney of Counsel D Dres/R& B-H vy V eh Mai ntCon08 Res June 3, 2008 ITB #08 -031 -MA , FFeavy Vehicle & Equipment !Maintenance and Repairs Resolution No. 2008-RO209 CITY OF LUBBOCK CONTRACT FOR SERVICES For Heavy Vehicle & Equipment Maintenance and Repairs Bid No. 08 -031 -MA THIS CONTRACT, made and entered into this 13th day of June, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and R & B Bearings and Hydraulics, Inc ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Heavy Vehicle & Equipment Maintenance and Repairs and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Heavy Vehicle & Equipment Maintenance and Repairs. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Heavy Vehicle & Equipment Maintenance and Repairs specifically described in the bid submitted by the Contractor and "Exhibit A" attached hereto. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 2. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 3. The contract shall be for a term of five years, said date of term beginning upon City Council date of formal approval. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 17'13 408 -031 -MA . Neavy Vehicle & Equipment Maintenance and Repairs Service ITB #08 -031 -MA , Heavy Vehicle & Equipment Maintenance and Repairs 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Worker's Compensation Statutory and Employers Liability $500,000 2. Commercial General (public) Liability insurance including coverage for the following: 100,000 3. Garage Liability insurance including coverage for the following: 300,000 The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the or bid number for which the insurance is being supplied. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance. in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 8. This Contract consists of the following documents set forth herein; Invitation to Bid #08 -031 - MA, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. ITS 08 -031 -MA , Heavy Vehicle & Equipment Maintenance and Repairs Service CITY OF LUBBOCK �I! '45;P;'4— Tom Martin, Mayor ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONTENT: Yearwood, Chief :ant City Manager APPROVED AS TO FORM: A sistant City A rney 1TB .,q08 -03l -MA , Heavy Vehicle & Equipment Maintenance and Repairs Service ITB #0"31 -MA, Heavy Vehicle & Equipment Maintenance and Repairs CONTRACTOR Authorized Representative /UUP /i/ Ave. L Address � -Z—Z. "Exhibit All R B Bearings Hydraulics, Inc. 08 -03I -MA Heavy Vehicle and Equipment Mainteance and Repair Hourly _ Repair Services Labor Rate Trucks Accessories Hydraulics Electrcial Welding and Fabricating R & B Bearings & Hydraulics, Inc. Hydraulics Forklifts Hydraulics Lubbock, TX $ 60 60 60 60 60 60 ITB ""31 -MA, Heavy Vehicle & Equipment Maintenance and Repairs SUBMIT TO: CITY OF LUBBOCK � CITY OF LUBBOCK, TEXAS Purchasing & Contract Management 1625 13`b Street, Rm 204 + Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #08 -031 -MA TEL. 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Heavy Vehicle & Equipment Maintenance and Repairs SUBMITTAL DEADLINE: April 17, 2008,3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: April 7, 2008 at 10:00 A.M. .4rybk*,wrivrdafter thrtimeand date fistedabove. regiardlessofthe in the City Hall, 1625 13* Street, Training Room LOI, Lubbock, mode ofdrfivery.shall bemavnedunopened. Texas. RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITS NUMBER, R&B Bearincls & H drawl is s THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: P O BOX 2761 IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY TELEPHONE O: INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. FAX NO: IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS 806/765-6244 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: rbhe MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS ITS TO A SINGLE SOURCE. SUCH 75-2295462 NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS 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 member of their immediate family, benefit from the award of this bid to the above firm? YES X_ 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 1 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 servicc(s), and is in all respects fav and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders fi payment to 7va r. L2 President AuAorVed Signature Title J(m S Lara Z/' _Q ! -0 S--, PrinvType Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB X08-031 AM. Heavy Vehicle & Equipment Maintenance and Repairs Service City of L ubbock PURCHASING DEPARTMENT ROOM 204. MUNICIPAL BUILDING 1629 137.' S'l REL. 1' LUBBOCK. TEXAS 79401 PH:(806) 779-2167 FAX: OOM 775-216.1 http: 'purchasing.ci luhlxuk.mus ITB # 08 -031 -MA, Addendum #1 ADDENDUM #1 Heavy Vehicle & Equipment iblaintenance and Repairs ITB #08 -031 -MA DATE ISSUED: April 10, 2008 NFAN ( LOSE: DATE: kpril 23.2008 d3:00 P.11. ( S I' The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders attention is invited to review the attached Revised Bid Forms, Contract and Safety Questionnaire to be submitted with bid. General Specifications have been revised and attached. 22 CONTRACT TERM AND PRICING — has been revised as follows: The contract prices shall be firm for the first tern of the contract. Contract will be for a term of five years, said date of term beginning upon City Council date of formal approval. Contract prices may be adjusted at the end of the fiscal year at the option of the Fleet Service Department up to one hundred percent (100%) of the cost of living adjustment as measured by the Consumer Price Index (CPI). If an agreement cannot be reached, the contract will be terminated at the end of the current fiscal year ending. THANK YOU, Marta .Alvarez CITY OF LUBBOCK Marta Alvarez Purchasing Manager It is the intent and purpose orthe City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the ('ity of Lubbock Purchasing .'Manager if any language, requirements, etc.. or any combinations thereol, inad%ertenth restricts or limits the requirements stated in this 11'13 to a singlc source. Such notilication must be submitted in writing and must he received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will N. made. 08 -031 -MA Revised Bid Form. doc 1 Initials / ITB 1111! -031 -.NL% .!!carp Vehicle .Y F,quipment Maintenance and Repairs ** REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUnBOCK. TEXAS fill #08 -031 -MA In compliance with the Invitation to Bid the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to provide maintenance and repairs for the City of Lubbock heavy vehicles and equipment at the labor rate and parts markup as listed below and/or attached.. The Invitation to Bid is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Failure to provide the appropriate information in the format requested shall be just cause for rejection of bid 1. Category: Trucks over 19500 lbs GVWR (Class 6-7-8) including Sweepers and Trash Trucks Current Fleet: 241 (please print vour information) 1. What is you labor rate per hour? (Billed in increments of;fiill, half -and %r hours)half $ 60.00 per hour i 95.00 per ho 2. What is your percentage markup on parts? 15 to 40 markup from R&B cost LIST PRI"E BOOK 3. Do you provide pickup and delivery of vehicles? If yes, what is the mileage charge? $ no charge Yes No 4. Could you respond to a pickup 24 hours a day? Ciy2i) No 5. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock, Texas 79403) 1.5 miles PARTS SHALL BE PROVIDED AT CRASH GUIDE LIST LESS PERCENT. NOTE: Item 2 - Price list available upon request 11"B :08-031-h1A . Addendum 41 Initiat ;j n house r service call Il'B #08 -031 -Wk, Heavy Vehicle & Equipment Maintenance and Repairs ** REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08 -031 -MA In compliance with the Invitation to Bid #08 -031 -MA , the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material. equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid 908 -031 -!VIA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. 2. Category: Off -Road Equipment (Tractors, Backhoes, Loaders, Excavators, Dozers, Graders, Scrapers, and Cranes) Current Fleet: 146 (please print your information) 1. What is you labor rate per hour? (Billed in increments of full, half'and '/o hours) half $ 60.00 per houri 90.00 per hour 2. What is your % markup on parts? markup,—from R&R r-nGt 15-40 " LIST PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? Yes No If yes, what is the mileage charge? $ 4. Could you respond to a pickup 24 hours a day? Yes No 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock, Texas 79403) 1 .5 miles I'Ili ,N78 -031 -..MA -Addendum n I Initial house service call ITB 008-031 -AlA, Fleavy N'chicle & Equipment Maintenance and Repairs ** REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08 -031 -MA In compliance with the Invitation to Bid 908-031-INIA , the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this firm. The Invitation to Bid 408 -03I -MIA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. 3. Category: Trailers Utility Pipe, Hay, Equipment, and Cargo Current Fleet: 310 (please print your information) I . What is you labor rate per hour? (Billed in increments oJ: full, ha?f and %r how -s) half $ 60.00 per hour i 90.00 per hour 2. What is your % markup on parts? mar -kelp from R&B cost 15 - 40-% "LIST PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? If yes, what is the mileage? $ Yes bo 4. Could you respond to a pickup 24 hours a day? Yes No 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock, Texas 79403 _71 .5 miles ITB A . ,Addendum � I Initiat l� i house Service call ITB 008 -031 -NIA, Heavy Vehicle .& Equipment .Maintenance and Repairs ** REVISED ** BID FORM Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08 -031 -MA In compliance with the Invitation to Bid #08 -031 -MA , the undersigned Bidder having e.xamined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid 108 -031 -IIIA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. 4. Category: Forklifts: Clark, Hyster, Cat, Daewoo, Case, Hilift, Princeton Current Fleet: 24 (please print your information) 1. What is you labor rate per hour? (Billed in increments of f idl, huff and '/e how -s) half $ 60.00 per hour i 2. What is your % markup on parts? markup from R&B cost 15 - 40 % "LIST PRICE BOOK" 3. Do you provide pickup and delivery of vehicles? Yes If yes, what is the mileage charge? $ 4. Could you respond to a pickup 24 hours a day? Yes CNo 6. Miles from your location to City' Fleet Services Garage ( 206 Municipal Drive, Lubbock. Texas 79403. 1 .5 miles 11A X10 -031 -,NAA ..Addendum d I Initial�) L 'J houE cafi ITB #os-03wwt , Heavy Vehicle & Equipment Maintenance and Repairs Vendor shall mark the appropriate services offered by their company in the corresponding boxes under "General Repairs" and/or "Specific Service Repairs' Category 1 Trucks General Repairs Specific Service Repairs Chassis Group Heating, Ventilation, Air - Conditioning Drive Train Group Hydraulics En gine Group Electrical x Accessories Group Alignments Welding / Fabricating 1XI Category 2 Off -Road Equipment General Repairs Cateiory 3 Trailers Category 4 Forklifts Specific Service Repairs Chassis Group Heating, Ventilation, Air- Conditionin Drive Train Group Hydraulics Engine Group Electrical Accessories Group Alignments Welding/ Fabricating General Repairs Specific Service Repairs Chassis Group Heating, Ventilation, Air- Conditionin Drive Train Group Hydraulics x Engine Group Electrical Accessories Group_ _ A_li nments Welding / Fabricating General Repairs Specific Service Repairs Chassis Group Heating, Ventilation, Air - Conditioning Drive Train Group Hydraulics x Engine Group Electrical Accessories Grou2+1 Ali nments Welding / Fabricating t'I'B . 08 -631 -MA , Addendiun 4I Initial � ) (J iT13 k08-031-1*I:\ , Ileavy Vehicle & Equipment Maintenance and Repain PAYMEN i' TERMS AND DISCOUNTS - Bidder oilers a prompt pa) ment discount of 1 - 0 ",O, net 15 calendar days. Discounts will not he considered in determining low bid. t htless otherwise indicated on the Bid Form. pa} ment terms will he NE r "i"11IRTY DAYS. The Cite a II pay the successtid bidder within thirty days atter the receipt of it 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 ofdays still be interpreted as applying within the stipulated number of calendar days atter the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements. whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/seryices: does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of productsisery ices of like quality and quantity; and does not include any provision for discounts to ceiling agents. If at any time during the contract period, the supplier should sell or otter tier ;ale to any other customer. an equal or less quantil ol'snndar contract products of like or better quality, at a lower net priccys) than provided herein. supplier agrees to notitj. tit City and sell same product(s) at the lower pricets) on all deliveries made during the period in which such lower pnceis) is ettcctive. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Font in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO X • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/seryices under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/seryice as needed. THIS BID IS SUBMITTED BY R & B Bearings & Hydrau1icragorpJriiQorganized under the laws of the State of Texas , or a partnership consisting of or an individual trading as of the City of Lubbock Firm Address: 1002 North Ave O Drive city: Lubbock, state: TX zip &9403 MAYBE Firm: Woman Black American Native American X Hispanic American Asian Pacific American Other (Snecifv) By l uthorr_ed Re/n esenwure - utast sign b)• hand 9"-.2 /.L, Officer Name and "ritic: J i m S Lara Prim S i deLlt _ Please Pratt Business"I'clephuneNumher_ $06-765-638-9.--� — FAr:__$Qfi---7765-6244 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING_ DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 11 13 1;(;8-03 I -Lt\ . Addendum ': t Initial /f ITB #08431 -MA, Heovy vehicle & Egdpmmt Malotenance and Repahs Heavy Vehicle & Equipment maintenance and Repairs CITY OF LUBBOCK, TEXAS ITB #08 -03I -MA THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Heavy Vehicle & Equipment Maintenance and Repairs per the attached specifications. Sealed bids will be received no later than 3:00 p.m. p.m. CST, April 17, 2008, if dateltime stamped on or before 3:00 p.m. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #08 -031 -MA , Heavy Vehicle & Equipment Maintenance and Repairs " AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time, or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be' withdrawn, altered, or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre-bid meeting will be held at 10:00 a.m.. April 7. 2008 , in LOI Traininz_Room_ in Ci_tY Ha11 1625.13`" Street_ Lubbock Texas. All persons attending the conference will be asked to ntify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders 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 ITB #0R -031 -MA . Heavy Vehicle & Equipment Mainienance and Repairs Service ITB #W01 -MA, Heavy Vebkle & Egn1pmeat Maintenance and Repahe in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the single source. Such notification must be submitted'in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: [buyer name], Buyer City of Lubbock 1625 131" Street Lubbock, Texas 79401 Fax: (306)775-2164 Email: malvarez(ii mylubbock.us RFPDepot: http://www.bid.ci,norwalk.ct.us./ ht://www.RFPdcpotxorYi ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet athttp://www.bid.ci.norwalk.ct.us./ httn://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 athttP://www. bid.ci,norwalk.ct.us./ htty://www.RFPdepot.coxn and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. ITB 40"31 MA , Heavy Vehicle & Equipment Maintenance and Repairs Service ITB #08431 -NU, Heavy V ebicle & Equipmeat Maintenance and Repairs 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 RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and 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 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items.. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay My 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. 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 frtancial 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 ftttaticial 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 itis determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction ITB 90R -031 -MA . Heavy Vehicle tit Equipment Maintenance and Repairs Service ITB #00.031 -MA , Heavy Vehicle & Equipment Maintenance and Repairs that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTLkUPROPRIETARY is not in conformance with the Texas Open Records Act. 9 LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB'S) will be afforded equal opportunities to submit bids and will not 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 will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's 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; and h) Any relevant criteria specifically listed in the Invitation to Bid. ITB ,M"3I-MA . Heavy Vehicle & Equipment Maintenance and Repairs Service ITB "S -031 -MA, Heavy Vehieie & Equipment Maintenance and Repairs 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid for any item or group of items shown on the Bid Form. I3.3 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, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other 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. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Bidders taking exception to any part or section of the specifications shall indicate such exceptions on the specifications. Failure to indicate any exception will be interpreted as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. The City has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. !TB 10"31 -MA, Heavy Vchick & Equipment Maintmance and Rcpairs Service ITB #08431 -MA, Heavy Vehicle & Equipment Maintenance and Repairs 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the samplc(s) not destroyed or used in examinations and testing will be returned. 15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder, at bidder's expense, to the Purchasing Manager no less than seven days prior to the opening of bids. Each sample must be clearly tagged to show bidder's name and address, item number, and the name of the item being substituted. The name of the manufacturer and brand name, technical data, intended use, and other pertinent data for product evaluation must accompany each sample. 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall 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 Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 18 BONDS, INSURANCE AND INDEMNITY 18.1 No bonds are required to be submitted with this bid. 18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. 18.3 The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the ITB AR -031 -MA , Heavy Vehicle & Equipment Maintenance and Repairs Service ITB #08 -031 -MA, Heavy vehicle & Equipment Maintenance and Repairs Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing. Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 21.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. 21.2 This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. 21.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 22 CONTRACT TERM AND PRICING 22.1 The contract shall be for a term of five years, said date of term beginning upon City Council date of formal approval. 22.2 Listed quantities are estimates only. 23 TERMINATION OF CONTRACT This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. ITB #0R -031 -MA . Heavy Vehicle & Equipment Maintenance and Repairs Service ITB "&031 -MA, Heavy Vehicle & Equipment Maintenance and Repairs The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have anv questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2572. ITB x08-031 -SAA, Heavy Vehicle & Equipment Maintenance and Repairs Service ITB #08431 -MA , Heavy vehicle & Equipment Maintenance and Repairs c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shalt be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13`h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. ITB #0"31 -MA, Heavy Vehicle & Equipment Maintenance and Repairs Service IT8 #08431 -MA, Heavy Vehicle & Equipment Maintenance and Repairs Ill. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1 RegWiy eats CQn Ct: 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 Nonaoorooriatioa: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 3 Igves: oicContractor shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shell 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. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 No Warranty By The City Against ln_f cements: As part of the contract for sale, Contractor agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract if the City does not receive notice and is subsequently held liable for the infringement or the like. Contractor will save The City harmless. If Contractor in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 5 Gratuities; The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of airy determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 6 Force Majeure: Neither parry shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 7 Assiamm At-Deleggi�o 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. 8 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 9 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 10 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract I l L*nsatrsta___Q Want: 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 Snecifration: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished ITB ,bR-03I-MA, Heavy Vehicle & Equipment Maintenance and Repairs Service ITR #0&831 -MA, Heavy Vehlek & Equip®eat Maintenance and Repairs under this contract shall be new, unused, of the latest product in production to commercial trade, and shalt 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 EnvLroamental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material. City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 15 The l: itv Riaht to Audit At any time during the term of this thereafter the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. ITB 408 -03I -NA, Heavy Vehicle & Equipment Maintenance and Repairs Service ITB k08 -031 -NIA . Neavy Vehicle & Equipment Maintenance and Repairs Heavy Vehicle & Equipment Maintenance and Repairs CITY OF LUBBOCK. TEXAS ITB #08 -031 -MA GENERAL SPECIFICATIONS FOR HEAVY VEHICLE & EQUIPMENT MAINTENANCE AND REPAIRS Scope The City of Lubbock ("the, City) is seeking a contract for maintenance and repairs of heavy vehicles and equipment. ' . The successful bidder ("the Company") will provide corrective maintenance and repairs to heavy vehicles and equipment not covered under any manufacturer's warranty, unless the Company is the authorized warranty dealer, to maintain fleet availability for the City. Maintenance and repairs include the following General System Repair Groups and Specific Service Repair Groups: General Repair Groups • Air Conditioning, Heating, & Ventilating System • Chassis Group includes but not limited to Brakes, Steering, Axles, Suspension • Drive Train Group includes but not limited to Clutches, Automatic & Manual Transmissions, Driveshafts • Engine Group includes but not limited to Diesel & Gas Engines • Accessories Group includes but not limited to Batteries, Power Take Offs, Winches, Horns, Alarms Specific Service Repair Groups • Heating, Ventilation, Air -Conditioning • Hydraulics • Electrical • Alignments • Welding/Fabricating Equipment & Truck Categories The following is a current list of categories of City vehicles and equipment, by Category, that are included in thic mnintPnnnt-P and rmnir contract. Category Estimated Qty. Description 1) Trucks 241 Class 6-7-8 2) Off -Road Equipment 146 Tractors, Backhoes, Loaders, Excavators, Dozers, Graders, Scrapers, Cranes 3) Trailers 310 Utility, Pipe, Hay, Equipment, Crew, Cargo 4) Forklifts 24 Clark, Hyster, Cat, Daewoo, Case, Hilift, Princeton P1-13 08 -031 -NIA, Addendum 91 Initial ITB #08 -031 -MA, Heavy vehkk k Equipment Malatenance and Repairs Labor Guide The vendor is required to provide the name of the current Labor Guide software and version used to provide repair costs. The City of Lubbock reserves the right to audit the labor hours charged out to each job. All overcharges will be brought to the attention of the vendor. The vendor shall issue a check for the overcharge amount. The check shall reference the City of Lubbock's work order number. If the program is proprietary, the vendor shall grant access to the City of Lubbock's Fleet Services Department for audit purposes. Labor guide software not available for our field — labor charges Program Name / Version actual hours or quoted price. Work Authorization Vehicle shop repairs will be estimated on a per job basis with a fixed SHOP LABOR RATE per hour as stated on the Bid Form. Prior to the start of any vehicle repair, the Company must provide a written repair estimate by a trained technician. Estimates must include parts at the quoted cost rate. All estimates shall be at no charge to the City. The Company must obtain a work order number and authorization to perform the work from the City of Lubbock fleet department designee before making any repairs. The Company must also obtain City approval for the type of repairs and the cost of repairs before proceeding with the work. The Company must submit a copy of the Work Order along with the Company's invoice itemizing the labor hours, hourly labor rate, supplies, cost of supplies, parts list, and price for each part. The Work Order must contain the V or E number assigned by the City, the VIN number, the current license plate number, and the current vehicle mileage or hours. If any of the information is missing or incorrect, the Company will not be reimbursed for any services, parts, or supplies. Repair Time Notifications The Company must make a determination of the repairs, costs and times and notify the City within 24 -hours after receiving the vehicle or equipment. Repeat Repairs The vendor will be responsible for correcting all previous repairs performed by the vendor that were incorrectly repaired or the repair failed to correct the reported deficiency. The vendor will be responsible for the total cost of the repair including any replacement parts. In the event of a Repeat Repair, the vendor shall open a new vendor work order. The new vendor work order must indicate on the work order "repeat" or "return" work. Copies of the original City and vendor work orders and any applicable invoices shall be attached to the new work order. Pick -Up and Delivery The bidder's bid may include a separate price for pick-up and delivery of heavy vehicles or equipment. The bidder must indicate on the Bid Form the additional charge, if any, for this pick-up and delivery service. The City reserves the right to use this service as needed. Vehicles must be picked up by City personnel or delivered to a City location within 24 -hours after the vehicle has been repaired. Parts, Supplies and Services ITB h08 -031 -MA , Heavy Vehicle & Equipment Mainicnance and Repairs Service