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HomeMy WebLinkAboutResolution - 2013-R0216 - Contract - Mcwhorter's LTD - Vehicle And Equipment Maintenance And Repair - 07/11/2013Resolution No. 2013-RO216 July 11, 2013 Item No. 5.10 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 for and on behalf of the City of Lubbock, Contract No. 11258-1 for maintenance & repair on City heavy vehicles and equipment, by and between the City of Lubbock and McWhorter's LTD, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on Jul�r 11, 2p1 3 .yam MTSON. MAYOR ATTEST: Neb cca Garza, City Secre r APPROVED AS TO CONTE yScott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: had Weaver, Assistant City Attorney vw:ccdocsi�RES.Contract-McWhorter's LTD June 5. 2013 Resolution No. 2013-RO216 Contract 11258-1 City of Lubbock, TX Contract for Maintenance & Repair on City Heavy Vehicles and Equipment THIS CONTRACT made and entered into this 111h day of July, 2013, by and between the City of Lubbock ("City"), and McWhorter's LTD., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Maintenance & Repair on City Heavy Vehicles and Equipment and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Maintenance & Repair on City Heavy Vehicles and Equipment. 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 are attached hereto and made part hereof, Contractor will deliver to the City, Maintenance & Repair on City Heavy Vehicles and Equipment and more specifically referred to as Exhibit A and the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year with an option to renew four additional one year terms, said date term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 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. 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 500,000 General Liability Commercial General Liability General Aggregate Garage Keepers Combined Single Limit Auto Only — Each Accident 500,000 Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. 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 anN 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. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or 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 to the City 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 Rill 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. 10. This Contract consists of the folloNving documents set forth herein: In-6tation to Bid No. 13- 11_'58 -CP, Specifications, and the Bid Forn. I\ WIT\'ESS WHEREOF. the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF L B CK Glen ober of , Mayor ATTEST: ec - e —5K Re ecca Garza. City S ecretaiy APPROVED AS TO CONTENT U/\A ' Scott Snider, Assistant City IManager APPROVED TO ORiZi: Assistant City Attorney COIF T ACTSOR BY At orized epresenta ve Jr) rn Print Name Address "Iacek -747 7,i f/, / City. State. Zip Code BID FORM Maintenance & Repair on City Heavy Vehicles and Equipment City of Lubbock, TY ITB No. 13 -11358 -CP Iu compliance with the Invitation to Bid 13 -11258 -CP, the uudersianed Bidder hav iva examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met. hereby submits the following Bid for furnishinng 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. A bid will be subject to being considered irresular and may be rejected if it shows omissions, aiterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values). or irregularities of any kind. The Invitation to Bid 13 -11258 -CP is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. 1. Category: Trucks over 19500 lbs GVWR (Class 6-7-8) Including Sweepers and Trash Trucks Current Fleet: 341 (n1PacP ,,,;nt I'rmr infornnation ) 1. What is your labor rate per hour? (Billed in hrerentews of frrll. half caul', 11011) -SJ rJ 'per horn 2. What is your °o markup above/below parts "jobber" list? 4?j 0 °'o 3. Do you provide pickup and delivery of vehicles? If yes, what is the roundtrip charge? Ye No S 4. Do you offer a tow -service? If so, what would be your roundaip tote charge? Yes ONNO S 5. Could you respond to a pickup 24 hours a day? Yes No 6. Miles front your location to City Fleet Services Garage n^ ` 1 £5 (206 Municipal Dr., Lubbock TY 79403) 7. Is a trip charge included in the bid price? If not, what would be your service call fee and mileage fee?Yes No � at Service call fee S $ 5 ,Alileage fee S i . RS QPLRCP?SEB:DDOC 5t:-t::c�-C?`.r�lictA\CESPtP3iP.0\Ce1'E?'aCLES.aWEQ[IP1�1- 4 3. Category: Trailers Utility Pipe, Hay, Equipment Crew, and Cargo Current Fleet: 310 (please print your information) Q?(.FCF SE SM DOCS ONCi?YANI) EQUMM- \? 1. What is you labor rate per hour? (Billed hi hicivinews of full, half alai i; hours) on S g5 per hour 2. «'hat is your °o markup above/below parts "jobber" list? 3. Do you provide pickup and delivery of vehicles? If yes. what is the roundtrip charge'? 1'es No Ac*- S 4. Do you offer a tow-set•vice? If so, what would be yourroundtrip tow charge? Yes NO S �. Could you respond to a pick -tip 24 hours a day? Yes No 6. Miles frons your location to City Fleet Sen•ices Garage (206 Municipal Dr... Lubbock TY 79403) ► 'S , ��S 7. Is a nip charge included in the bid price? If not, what would be your service call fee and mileage fee? � \o Service call fee S g5 " Mileage fee S Q?(.FCF SE SM DOCS ONCi?YANI) EQUMM- \? Vendor shall mark the appropriate sen -ices offered by their company in the corresponding boxes under `-Geueral Repairs" and/or "Specific Service Repairs." Cateeort• 1 Trucks �� �___.�tn,.-...:.._. � C., n:�rCP,rirPRPnait•c I I Chassis Group Heating. Ventilation, Aa•- Coudidoning Heatins. Ventilation. Air- Couditiounre Drive Train Group Hvdraulics Eueiue Group Electrical Engine Group Accessories Group Alignments t w-" Welding /Fabricating Alignments S4-a*to Cateson• Off -Road Equipment Category i Trailers Category 4 Fork -lifts Co,n=;rP R o-t-,a;ts FTI I Chassis Group Heating_. Vent' ion An- Couditi ' g Heatins. Ventilation. Air- Couditiounre Drive Train Group draulics Engine Group Electrical Engine Group Accessories Gr9ufr Alignments PI I Welding /Fabricatine Alignments r:P„P,•a1 R Pna;t•c 11 I Snecific Service Repairs 171 Chassis Group Heatins. Ventilation. Air- Couditiounre Drive Train Group Hvdraulics Engine Group ✓ Electrical Accessories Group Alignments —I � �^or. R'elding /Fabricating r..".r. RP„a;— J I finer; r fiPn=;rP RFwmim Chassis Group Heating. Ventilation. Air- Couditiouine Drive Train Group Hvdr cs Eu ,ine Group ectrical Accessories Group Alienments Weldine /Fabricatine Q?MCFASE B:D DOCS i3-is?S$.C?`,s�t E i\CESP�P :RO\CiT:'=t'yt'EI CLES S�UEQLZ?t�`.i 8 oe *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item-by—item or on an all -or -none basis for any Item or group of items shown on the bid. The City of Lubbock is seeking a contract for Maintenance & Repair on City Heavy Vehicles and Equipment with one or more contractors. In order to assure adequate coverage, the City mai- make multiple awards. selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the Cite. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERXIS AND DISCOUNTS - Bidder offers a prompt payment discount of 9'o. net _ calendar days. Discounts will not be considered in deterrriuing low bid. Unless otheii ise indicated on the Bid Form, payment terms will be INET THIRTY DAYS. The City «ill 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 wither a stipulated number of days «ill 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 forpayment in less than ten days will not be considered. \LOST FAN70URED 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 die products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality. at a lower net price(s) than provided herein. supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas. by mutual agreement with the successful bidder. and properly authorized iuterlocal purchasing agreements as provided for by the iuterlocal Cooperation Act (Chapter 791. Government Code), the right to purchase the sante services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other govenrmental 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, nest Texas Municipae I Po -Agency, Lynn County, and Cite of�\�olfforth. YES__ NO If you (the bidder) checked YES. the follo-Mug will apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible. but not obligated, to purchase -materials,, services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock vill 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 governmeutal entity will order their own rnaterials'sen-ice as needed. THIS BID IS SUBMITTED BY f 114kllwol—o a corporation organized under the laws of the State of 7kXAs .ora partnership consisting of or individual trading as I of the City of Firm: ff,—W nor. Address: /v© b Q PT—RCHASE ED DOCS :5 -::_"S -CP `.i-T\—MXANCE S P.EPA-M 0`: Ci -1 Y EEA.V Y NIE-:CLEs AND EQUM,:V77 9 Cit}' U Stater Zip Bidder acknowledges receipt of the following addenda: Addeuda No. �_ Date �_- 3-/3 Addenda No. Date Addenda No. Date Addeudallo. Date NI/WBE Funs: Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, dishibutes. or converts new, motor vehicles) or is in the business of buying, exchanging, or selliug new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. Iu order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Mwrafacture's License No. 2. Name and Converter's License No. 3. Name and Representative's L icense No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised T1 dealer) By, itle Business Telephone \Tumbe E-mail Address: ( m must sign by hand �11 rn A S-46-1-3 tr�%6 --762, — d 21-31 FAX: 0 �� I -hi - to w*_ FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn:Individual: Date of Award by City Council (for bids over $25, 000): Date P.O. Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID «'ITH THE ITB NT.-MBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. QPURCE?SE ED DOCS is-:i`PUAT.ONC1,Ty F.ESN"i VEFiCLES AN-DEQLMEE\7 10 =Oman Black AmericanNative Americau Hispanic American I I Asian Pacific Americl I Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, dishibutes. or converts new, motor vehicles) or is in the business of buying, exchanging, or selliug new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. Iu order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Mwrafacture's License No. 2. Name and Converter's License No. 3. Name and Representative's L icense No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised T1 dealer) By, itle Business Telephone \Tumbe E-mail Address: ( m must sign by hand �11 rn A S-46-1-3 tr�%6 --762, — d 21-31 FAX: 0 �� I -hi - to w*_ FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn:Individual: Date of Award by City Council (for bids over $25, 000): Date P.O. Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID «'ITH THE ITB NT.-MBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. QPURCE?SE ED DOCS is-:i`PUAT.ONC1,Ty F.ESN"i VEFiCLES AN-DEQLMEE\7 10 City of Lubbock, TX McWhorter's LTD of Lubbock, Tx Exhibit A Hourly Labor Maintenance and Repair on Heavy Vehicles and Equipment Services Rate Trucks over 19500 lbs. GVWR Chassis $ 85 Drive Train 85 Engine 85 Accessories 85 Heating, Ventilation, Air -Conditioning 85 Hydraulics 85 Electrical 85 Alignments S5 Welding/Fabricating 85 Trailers Utility Pipe, Hay, Equipment, Crew and Cargo Chassis Drive Train Engine Accessories Heating, Ventilation, Air -Conditioning Hydraulics Electrical Alignments Welding/Fabricating Q:WRCHASMBid Documents\Buyer - Cynthia\2013UTB 13 -11258 -CP Maintenance on City Heavy Vehicles and Equipment Exhibits\McWhonels LTD 85 85 85 85 85 85 85 85 85