R-13-07-11-E2 - 7/11/2013RESOLUTION NO. R -13-07-11-E2
WHEREAS, the City of Round Rock has duly advertised for bids to purchase original
equipment manufacturer automotive maintenance and repair parts and batteries for a portion of the
City's fleet; and
WHEREAS, Austin Mac Haik Ford Lincoln LTD has submitted the lowest responsible bid;
and
WHEREAS, the City Council wishes to accept the bid of Austin Mac Haik Ford Lincoln LTD,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Original Equipment Manufacturer Parts From Austin Mac Haik Ford
Lincoln LTD, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 11th day of July, 2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
O:\wdox\SCC Ints\0112\ 1304\MUNICIPAL\00277881.DOC
EXHIBIT
/I All
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
ORIGINAL EQUIPMENT MANUFACTURER PARTS FROM
AUSTIN MAC HAIK FORD LINCOLN LTD
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for Purchase of Original Equipment Manufacturer Parts (referred to
herein as the "Agreement") is made and entered into on this the day of the month of
, 2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule
municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664
(referred to herein as the "City"), and Austin Mac Haik Ford Lincoln LTD, whose offices are
located at 7201 Interstate Highway 35 South, Georgetown, Texas 78626 (referred to herein as the
"Vendor"). This Agreement supersedes and replaces any previous agreement between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase original equipment manufacturer automotive
maintenance and repair parts and batteries for a portion of City's fleet from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide said automotive
parts and batteries, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The
Agreement includes the following : (a) City's Invitation for Bid designated as IFB 13-005, and
00272867.doc/jmr
Specification Number 060-72; (b) Vendor's Response to IFB; (c) the contract award; and (d) any
exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract
documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods means the specified supplies, materials, commodities, or equipment.
F. Purchase Order means an order placed by the Purchasing Department for the
purchase of goods or services which, when written on City's standard Purchase Order form and
when accepted by Vendor, becomes a contract. The Purchase Order is Vendor's authority to
deliver and invoice City for goods or services specified, and is City's commitment to accept such
goods or services for an agreed-upon price.
G. Subcontractor means any person or business enterprise providing goods, labor,
and/or services to Vendor if such goods, equipment, labor, and/or services are procured or used
in fulfillment of Vendor's obligations arising from a contract with City.
H. Vendor means Austin Mac Haik Ford Lincoln LTD, or any of its successors or
assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial term of this Agreement is for five (5) twelve-month periods from the
effective date hereof. After that initial term, this Agreement may renew for two (2) successive
periods of twelve (12) months each, only upon the express written agreement of both parties and
only provided Vendor has performed each and every contractual obligation specified in this
Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://www.bls.gov/ppi/ppi dr.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply goods as outlined in IFB 13-
005, Specification Number 060-72, and Response to IFB submitted by Vendor, all as specified in
Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these
documents is to formulate an Agreement listing the responsibilities of both parties as outlined in
the IFB and as offered by Vendor in its Response to the IFB.
The goods which are the subject matter of this Agreement are those goods, and only those
goods, described under the heading "Ford Sample Part List" and any corresponding goods listed
under the heading "Alternate Part List" in Exhibit "A" and, together with this Agreement,
comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in
full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September I
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of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 13-
005, including all attachments and exhibits thereto, Vendor's bid response and Attachment A to
this Agreement.
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14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Marshall Reynolds
Fleet Operations Manager
221 East Main Street
Round Rock, Texas 78664
512-218-5571
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
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17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showingin detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
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assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Austin Mac Haik Ford Lincoln LTD
7201 Interstate Highway 35 South
Georgetown, TX 78626
Notice to City:
Steve Norwood, City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
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24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
For City, Attest:
By:
Sara L. White, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
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Austin Mac Haik Ford Lincoln LTD
Printed Name:�.
Title:
Date Signed: 5•(0-13
Attachment
A
CITY OF ROUND ROCK
DATED: JULY 2011
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of
the agreement or purchase order resulting from a response to the Solicitation/Specification, insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work as a result of the solicitation by the successful respondent, its
agents, representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the
City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City.
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles
with minimum limits for Bodily Injury of $100,000.00 each person, and
$300,000.00 for each occurrence, and Property Damage Minimum limits of
$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Agreement.
1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision,
or modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise
reasonable efforts to accomplish such changes in policy coverage and shall pay the cost
thereof. All insurance and bonds shall meet the requirements of the solicitation specification
and the insurance endorsements stated below.
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ROUND ROCK. TEXAS
PC.2PO M,10/11MnPI KIT
DATED: JULY 2011
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment,
the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional insured's,
(as the interest of each insured may appear) as to all applicable coverage.
1.5.3. Provide thirty days' notice to the City of cancellation, non -renewal, or material changes.
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;
and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the
company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of the agreement concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, solicitation
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such
notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main
Round Rock, TX 78664-5299
2. WORKERS COMPENSATION INSURANCE
City Attorney
City of Round Rock
309 East Main
Round Rock, TX 78664
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all
persons providing services on building or construction projects for a governmental entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the Texas Workers' Compensation Commission, or
a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the project
until the CONTRACTOR'S/person's work on the project has been completed and
accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 — includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken to
perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
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DATED: JULY 2011
operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the agreement.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends
during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide
to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one (1) year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,
within ten (10) calendar days after the CONTRACTOR knew or should have known, or any
change that materially affects the provision of coverage of any person providing services on the
project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
2.10, The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all its employees providing services on
the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on a project, for the duration of the project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
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ROUND ROCK, TEXAS
ftJYOSE I 4ftt YN[xIYY)tY
DATED: JULY 2011
2.10.3.1. obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work
on the project; and
2.10.3.1.2. a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the
project and for one (1) year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten
(10) calendar days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as
required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be
provided to the person for whom they are providing services.
2.10.3.5. By signing the solicitation associated with the specification, or providing, or
causing to be provided a certificate of coverage, the Contractor is
representing to the Owner that all employees of the Contractor who will
provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the Owner to declare the agreement
void if the Contractor does not remedy the breach within ten (10) calendar
days after receipt of notice of breach from the owner.
Page 4 of 4
ROUND ROCK. TEXAS
C'�I+I-F. YaCi�r,ti paaw)t 7:t1
BID FORM
PURCHASING DEPARTMENT
221 E. Main Street • Round Rock, Texas 78664-5299
HOW DID YOU
HEAR ABOUT THIS
SOLICITATION?
FIRST TIME
RESPONDING TO
THE CITY?
Newspaper City's Website
E-mail Announcement ESBD n Other
n Yes KX No
IS YOUR BUSINESS
REGISTERED WITH
VENDOR CENTRAL?
BYes n No Register at: roundrocktexas.gov/VendorCentral
The following lists are only a sampling of parts to be purchased.
*** If you are quoting an approved alternate as specified in the Solicitation Document Part III, Section 4.1
please note the alternate in the Alternate Part List at the end of this document.
FORD SAMPLE PART LIST
(If the unit of measure is NOT one (1) each, please note pkg. /box with quantity enclosed)
ItemExtended
#
OEM Part #
Solicitation Number:
1113-005
UOM
Tax ID Number:
17606942377
SOLICITATION INFORMATION
1
Solicitation Name:
OEM Ford and Chevrolet
replacement parts
RESPONDENT INFORMATION
Business Name:
Address:
Address:
Contact:
Telephone:
Entity Type:
E-mail:
AUSTIN MAC HAIK FORD LINCO
COST -15%
186.02
2
7201 1H-35 SOUTH
Opening Date:
February 19, 2013
GEORGETOWN, TX 78626
Opening Time:
On or Before 3:00 PM CST
1661.92 EXCH)
3
F2UZ-7A214-CA
JOEL GRAY
Opening Location:
City of Round Rock
6.02
COST+4%
City Hall
512-930-6266
AU2Z-19V703-AC
221 E. Main Street
1
1
Round Rock, TX 78664
PARTNERSH IP
245.59
5
JGRAY@MACHAIKFLM.COM
FILTER; FUEL (06 & UP 6.0
LEITER)
1
1
HOW DID YOU
HEAR ABOUT THIS
SOLICITATION?
FIRST TIME
RESPONDING TO
THE CITY?
Newspaper City's Website
E-mail Announcement ESBD n Other
n Yes KX No
IS YOUR BUSINESS
REGISTERED WITH
VENDOR CENTRAL?
BYes n No Register at: roundrocktexas.gov/VendorCentral
The following lists are only a sampling of parts to be purchased.
*** If you are quoting an approved alternate as specified in the Solicitation Document Part III, Section 4.1
please note the alternate in the Alternate Part List at the end of this document.
FORD SAMPLE PART LIST
(If the unit of measure is NOT one (1) each, please note pkg. /box with quantity enclosed)
ItemExtended
#
OEM Part #
Description
Quantity
UOM
Unit Price
Mark Up
Price
1
1W1Z-8C607-AA
ASSEMBLY; COOLING FAN
1
1
186.02
COST -15%
186.02
2
9W7Z-7000-CRM
ASSEMBLY; REMAN
TRANSMISSION
1
1
1661.92
COST+4%
1661.92 EXCH)
3
F2UZ-7A214-CA
CAP; OVERDRIVE BUTTON
1
1
6.02
COST+4%
6.02
4
AU2Z-19V703-AC
COMPRESSOR; A/C
1
1
245.59
COST -15%
245.59
5
FD4616
FILTER; FUEL (06 & UP 6.0
LEITER)
1
1
39.09
COST -15%
39.09
6
4W7Z-13008-ACP
HEADLAMP; LEFT SIDE 98 —
UP
1
1
58.71
COST+4%
58.71
Exhibit A
N
NGE
FORD SAMPLE PART LIST CONTINUED
item
OEM Part #
Description ;:
Quantity
UOMUp
Unit Price
Mark
Extended
Price
7
4W7Z-13008-BCP
HEADLAMP; RIGHT SIDE 98 -
UP
1
1
58.71
COST+4%
58.71
8
3W1Z-2L527-AA
KIT; BRAKE CALIPER PIN
1
1
33.55
COST+4%
33.55
9
6F2Z-1A193-D
KIT; TIRE PRESS SENSOR
STRAP
1
1
24.41
COST -15%
24.41
10
BRSD931
PAD; '03 -'10 CV FRONT
BRAKE
1
1
40.78
COST -15%
40.78
11
D8BZ-4241-C
PIN; AXLE KEEPER
1
1
1.25
COST+4%
1.25
12
F75Z-6730-BA
PLUG; FORD OIL DRAIN
1
1
6.13
COST+4%
6.13
13
6W7Z-5423208-
AA
REGULATOR; 06' - 11' C.V.
R/F WINDOW
1
1
49.03
COST -15%
49.03
14
6W7Z-5423209-
REGULATOR; L/F WINDOW
1
1
50.99
COST -15%
50.99
15
1C3Z-1015-DA
RIM 19.5" (00 F-450)
1
1
251.31
COST+4%
251.31
16
3W7Z-1V125-AA
ROTOR; 03 C.V. REAR
1
1
46.73
COST -15%
46.73
17
3W1Z-1125-AA
ROTOR; 03 - 2010 CV FRONT
1
1
38.23
COST -15%
38.23
18
6F2Z-1A189-A
SENSOR; TIRE PRESSURE
AIR
1
1
55.44
COST -15%
55.44
19
6W1Z-4234-A
SHAFT; AXLE
1
1
187.25
COST+4%
187.25
20
5L1Z-14529-AA
SWITCH; DRIVER SIDE
WINDOW
1
1
60.07
COST+4%
60.07
21
7W7Z-1007-CCP
WHEEL; 17" C.V. STEEL
1
1
90.63
COST+4%
90.63
• Minimum order quantities and minimum delivery quantities will not be permitted.
CHEVROLET SAMPLE PART LIST
(If the unit of measure is NOT one (1) each, please note pkg. /box with quantity enclosed)
Item
OEM Part #
Description
Quantity
UOM
Unit Price
Mark Up '
Extended
Price
22
19178801
BRAKE REAR KIT (01 CHEV. TAHOE
5.3L)
23
17D834M
PAD; '01 TAHOE REAR BRAKE
24
1701367MHPV
PAD; '11 TAHOE FRONT BRAKE
25
24233099
PLUG; DRAIN PAN TRANSMISSION
26
8D126032
ROTOR; REAR (01 CHEV. TAHOE
5.3L)
27
18A2661
ROTOR; '11 TAHOE FRONT BRAKE
28
20923680
STEM; SENSOR W/VALVE
• Minimum order quantities and minimum delivery quantities will not be permitted.
• Do you offer a Payment Discount? No Yes
If yes, please indicate payment discount:
• Confirm Delivery within 2 hours of order placement? J Yes No (Please note, delivery schedule
shall be pre -approved by the City's Authorized Representative)
If no, please indicate delivery schedule:
ALTERNATE PART LIST: (PLEASE ATTACH ADDITIONAL PAGES AS NEEDED)
Item
#
Part #
REPLACEMENT PART BRAND
AND Description or Explanation
Quantity
UOM
Unit Price
Mark up
Extended price
ACKNOWLEDGEMENTS
By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or
anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce
Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged
in such line of business.
Further, by signing and submitting this response the Respondent acknowledges:
That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
The respondent is not currently delinquent in the payment of any debt owed to the City.
Sealed response envelope shall be dearly marked with solicitation name, solicitation number and name of responding entity.
The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the
terms outlined in Part 1. #14 of this solicitation. If applicable, do you agree to 'piggyback" purchasing from other governmental agencies?
Yes No
Response shall Include one (1) signed original and three (3) c
JOEL GRAY
Printed Name
Failure to sign response will disqualify response.
s of response.
02/19/2013
0,SignatureAlioDate
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060.71; 060-72
CITY OF ROUND ROCK
INVITATION FOR BID
OEM FORD AND CHEVROLET REPLACEMENT PARTS
PART I
GENERAL
1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified
Individual, Firm or Corporation, hereafter referred to as "Respondent", to supply and deliver
Original Equipment Manufacturer (OEM) Ford and Chevrolet replacement parts for the City's
fleet.
1.1. It is the City's preference to award a single contract for Ford OEM parts, and a single contract
for Chevrolet OEM parts.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time
of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject
to change without notice. It is the sole responsibility of respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
http://www.roundrocktexas.00v/home/index.asp?paqe=463.
2.1. Any exception to or additional terms and conditions attached to the response will not be
considered unless respondent specifically references them on the front of the Solicitation
Document. WARNING: Exception to or additional terms and conditions may result in
disqualification of the response.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the
Insurance Requirements as identified on the City's website at
http://www.roundrocktexas.qov/home/index.asp?paqe=463.
4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation:
4.1. Attachment A: Reference Sheet
4.2. Attachment 8: Price Sheet / Bid Sheet
5. CLARIFICATION: For questions or clarifications of specifications, you may contact:
Deborah Knutson
Purchasing Department
City of Round Rock
Telephone: 512-218-5456
dknutson@roundrocktexas.gov
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Department.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of
such as qualified and responsive. Respondents qualifications shall be as follows:
6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
6.3. In order to assure the City does not encounter shipping delays, service delays or other
unforeseen problems that can occur with out -of -area or foreign vendors, respondent shall be
located within:
flf60 Miles from Round Rock, Texas 78681
❑ 120 Miles from Round Rock, Texas 78681
❑ United States
6.4. Respondent warrants and agrees that all materials supplied herein shall be manufactured
and produced in compliance with the laws, regulations, codes, terms, standards, and
requirements of Underwriters Laboratories Incorporated, alt Federal, State, and local
authorities, and all other authorities having jurisdiction, and that performance of goods shall
be in accordance with the above laws, regulations, codes, terms, standards, and
requirements, and agrees upon request, to furnish the City a certificate of compliance upon
request.
6.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms
comparable to Municipal and/or Govemment projects that have utilized similar service within
the last two (2) years. City of Round Rock references are not applicable. References may
be checked prior to award. Any negative responses received may result in disqualification of
submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL
ADDRESSES ARE REQUIRED.
7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based
on the best value for the City.
7.1. In determining best value, the City may consider:
7.1.1. Purchase price;
7.1.2. Reputation of Respondent and of Respondent's goods and services;
7.1.3. Quality of the Respondent's goods and services;
7.1.4. The extent to which the goods and services meet the City's needs;
7.1.5. Respondent's past relationship with the City;
7.1.6. The total long-term cost to the City to acquire the Respondent's goods or services;
7.1.7. Any relevant criteria specifically listed in the solicitation.
7.2. The City reserves the right to reject any or all responses, or to accept any response deemed
most advantageous, or to waive any irregularities or informalities in the response received
that best serves the interest and at the sole discretion of the City.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060.71; 060-72
8. AGREEMENT TERM: The terms of the awarded agreement shall include:
8.1. An initial term of the resulting agreement shall be three (3) consecutive twelve (12) month
periods from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in writing
prior to the expiration of the current term.
8.2. The City's right to review the respondents' performance at the end of each twelve (12) month
period and cancel alt or part of the agreement(s) or continue the agreement(s) through the
next period.
8.3. Notice if the respondent fails to perform its duties in a reasonable and competent manner.
The City shall give written notice the respondent of the deficiencies and the respondent shall
have thirty (30) days to correct such deficiencies. If the respondent fails to correct the
deficiencies with the thirty (30) days, the City may terminate the agreement by giving the
respondent written notice of termination and the reason for the termination.
8.4. A termination clause. If the agreement is terminated, for any reason, the respondent shall
tum over all records, to include but not be limited to the following: records of repairs, services,
deliveries, and replacement parts, to the City within fifteen (15) working days after completion
of duties contained in the agreement.
9. PRICE INCREASE OR DECREASE: Unit prices quoted shall remain firm for the first twelve (12)
month period of the Contract. A price increase or decrease to the agreement may be considered
based on the following:
9.1. To the extent applicable to this solicitation the Successful Respondent may submit a request
for pricing adjustment subject to approval by the City. The request must show just -cause
substantiating an adjustment in the form of an affidavit or certified statement from a supplier
documenting the reason for increase. The requested adjustment must be for goods or
services and may in no way represent an increase in the Successful Respondent's overhead.
9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of
120 days prior to each renewal period. Vendor shall supply supporting
documentation as justification for each request.
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock, Texas 78664-5299
9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation
as supported by supplier's documentation and make change to the purchase order
within 30 days of the request, negotiate with the vendor or cancel the agreement or
purchase order if an Agreement cannot be reached on the value of the increase.
10. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single
award, split awards, non -award, or use any combination that best serves the interest and at the
sole discretion of the City. Award announcement will be made upon City Council approval of staff
recommendation and executed agreement. Award announcement will appear on the City's website
at http://www.roundrocktexas.qov/home/index.asp?page=463.
11, ACCEPTANCE: Acceptance inspection and tests should not take more than three (3) working days.
The vendor will be notified within this time frame if the goods delivered is not in full compliance with
the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed
good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
3 of 9
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late
fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be
late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or the
services performed which caused the payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to
purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving Vendor a written notice of termination at
the end of its then current fiscal year.
14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other govemmental entities may
be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement
of the awarded vendor(s) and the City. Such consent and agreement shall be conclusively inferred
from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their
understanding and hereby expressly agree that the City is not an agent of, partner to, or representative
of those outside agencies or entities and that the City is not obligated or liable for any action or debts
that may arise out of such independently -negotiated "piggyback" procurements.
PART II
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1. Solicitation released
1.2. Deadline for questions
1.3. City responses to all questions or addendums
1.4. Responses for solicitation due at or before 3:00 PM
January 31, 2013
February 11, 2013
February 13, 2013
February 19, 2013
All questions regarding the solicitation shall be submitted in writing at or before 5:00 PM on
the due date noted in Section 1.2. A copy of all the questions submitted and the City's response
to the questions shall be posted on our webpage,
http://www.roundrocktexas.gov/home/index.asp?paqe=463.
4 of 9
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060.71; 060-72
Questions shall be submitted to the City contact named in PART I.
The City reserves the right to modify these dates. Notice of date change will be posted to the City's
website.
**********************SOLICITATION UPDATES***********************
2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/home/index.asp?paqe=463 for any updates pertaining to the
solicitation described herein. Various updates may include addendums, cancelations, notifications,
and any other pertinent information necessary for the submission of a correct and accurate
response. The City will not be held responsible for any further communication beyond updating the
website.
3. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the date
noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
3.1. Responses received after ;his time and date shall not be considered.
3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation
title, number, due date and "DO NOT OPEN".
3.3. Facsimile or electronically transmitted responses are not acceptable.
3.4. Late responses will be returned to Respondent unopened if return address is provided.
3.5. Responses cannot be altered or amended after opening.
3.6. No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
3.7. The City will not be bound by any oral statement or offer made contrary to the written
specifications.
4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,
but not be limited to the following:
4.1. Provide City contact(s) information for implementation of agreement.
4.2. Agreement terms and conditions.
4.3. Identify specific milestones, goals and strategies to meet objectives.
PART 11I
SPECIFICATIONS
1. SCOPE OF WORK: To supply and deliver Original Equipment Manufacturer (OEM) Ford and
Chevrolet replacement parts on an "as needed" basis for the City of Round Rock Fleet
Maintenance Facility. The City's fleet currently consists of approximately 94% Ford vehicles, and
6% Chevrolet vehicles, however, due to the Police Department's increase in Chevrolet purchases,
these percentages will change slightly.
5 of 9
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
1.1. All services performed under the agreement will be supervised and verified by the City's
authorized representative:
Marshall Reynolds
Fleet Operations Manager
Phone # 312-218-5571
1.2. Successful Respondent must be a manufacturer's authorized dealer for parts.
2. FACILITY QUALIFICATIONS: Successful Respondent shall be currently operating out of a
commercial facility which is open and accessible to City personnel, without prior notice, during
normal business hours. This facility shall be open a minimum of eight consecutive hours, anytime
between 7:00 am and 5:00 pm.
2.1. The City reserves the right to inspect respondent's physical facilities and delivery fleet prior to
award to satisfy questions regarding respondent's capability to perform services and fumish
goods.
3. STAFFING QUALIFICATIONS: Successful Respondent shall have an assigned account
representative to ensure customer satisfaction and assist with any problems. Successful
Respondent's employees shall be knowledgeable in the product lines and be able to assist with
transactions.
4. PRODUCT: All materials and repair parts shall be new, except core components on renewed
assemblies. Used, shopworn, demonstrator, prototype, and discontinued parts or materials are not
acceptable. Repair parts shall be OEM parts.
4.1. If OEM parts are not available: Motorcraft parts will be considered an acceptable substitution
for Ford OEM parts. AC Delco or General Motors OEM parts will be considered acceptable
substitutions for Chevrolet OEM parts.
4.2. Material Safety Data Sheets (MSDS) shall be made available upon request.
4.3. Successful Respondent shall notify the City's authorized representative of recall notices,
warranty replacements, safety notices, or any applicable notice regarding the parts being
sold.
5. ORDER QUANTITY / METHOD: No guarantee of any minimum or maximum purchase is made or
implied. The City will only order the goods needed to satisfy operating requirements.
5.1. A City representative will contact the Successful Respondent by e-mail, fax, or telephone to
place an order for parts. The request will include the part numbers, parts description, delivery
requirements, and a unique delivery order number.
5.2. A minimum order quantity will not be permitted.
5.3. Backordered parts shall be delivered within five (5) working days. The Successful
Respondent shall notify the ordering City representative by telephone immediately to advise
when the part will be available. If the Successful Respondent cannot provide the
backordered part within five (5) working days, the City reserves the right to purchase the part
on the open market.
5.4. The Successful Respondent shall provide, upon request, a monthly/quarterly/yearly total of all
parts purchased by the City. The report shall include date purchased, invoice number, part
number, part description, price per part, and total dollar amount for all parts purchased.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
6. SHIPPING: All shipments shall be FOB (Freight on Board) destination:
Fleet Maintenance
901 Luther Peterson Place,
Round Rock, Texas 78664
6.1. All parts shall be shipped complete unless arrangements for partial shipments are made in
advance.
6.2. All parts shipped shall include a shipping ticket showing the description of each item, quantity
and unit price.
6.3. Goods shall be received between the hours of 8:00 am to 5:00 pm Monday through Friday.
AU shipments shall be coordinated with a City authorized representative.
6.4. Items which are not normally stocked and for which shipping charges are required for
delivery, the shipping charges shall be prepaid and added to each invoice. .
7. DELIVERY: Some of the City's fleet vehicles are in use for emergency response. The Successful
Respondent shall render prompt service and delivery to assist with the continuous operation and
prompt return to service of the City's fleet vehicles. All goods shall be delivered to:
Fleet Maintenance
901 Luther Peterson Place,
Round Rock, Texas 78664
7.1. Ail parts shall be delivered complete unless arrangements for partial deliveries are made in
advance.
7.2. All parts delivered shall include a delivery ticket showing the description of each item,
quantity and unit price.
7.3. Delivery shall be available between the hours of 8:00 am to 5:00 pm Monday through Friday.
7.4. All goods shall be received and signed for by a City authorized representative upon delivery.
7.5. Goods shall be delivered within two (2) hours from the time order is placed. Exceptions may
be considered upon preapproval by the City's Authorized Representative.
7.6. No additional delivery costs are permitted. Transportation costs shall be included in the
markup price.
7.7. No Fuel surcharges or mileage charges shall be permitted. Transportation costs shall be
included in the markup price.
7.8. A minimum delivery quantity will not be permitted.
8. PRICING: Unit prices quoted shall remain firm for the first twelve (12) month period of the Contract
and shall not include federal or state sales, excise, and use tax. The unit prices shall be the
jobber's prices. Markup percentages % shall be Inclusive of delivery, overhead costs, payroll costs
and transportation charges.
9. RETURNS: The City of Round Rock reserves the right to return items as needed. Successful
Respondent will be responsible for issuing all return credits, to include any shipping charges if
necessary, for returns due to incorrect orders, damaged items or obsolescence. Successful
Respondent must have a return policy that will assist in preventing obsolescence. Successful
Respondent shall buy back, at original purchase price, all unused items purchased under this
agreement that are declared surplus or that are no longer required by the City. Restocking charges
are not acceptable and will not be authorized for payment.
7 of 9
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
10. WARRANTY: All goods shall be warranted against defects in material and workmanship for a
period of not less than twelve (12) months beginning with the date of installation of part as
evidenced by the City's work order. If the manufacturer's standard warranty exceeds twelve (12)
months, then the manufacturer's standard warranty shall be in effect. The Successful Respondent
shall furnish a copy of the manufacturer's warranty at time of delivery.
PART IV
RESPONSE REQUIREMENTS
The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every
requirement specified in the solicitation. This list is only a tool to assist participating Respondents in
compiling their final responses. Respondents are encouraged to carefully read the entire solicitation.
Respondent shall submit one (1) executed (signed) original and three (3) copies of each response.
For your bid to be responsive, all required attachments identified below shall be submitted with
your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall
become the property of the City.
1. Responses shall be submitted on itemized, signed Solicitation Document provided herein. Failure
to itemize or sign solicitation may result in disqualification. Submission of responses on forms other
that the City's Solicitation Document may result in disqualification of the response.
2. In the event of errors in extension pricing, unit prices shall govern.
3. Attachment A: Reference sheet shall include the name, address, active telephone number and
valid e-mail address of at least three (3) firms applicable to Municipal and Government projects
that have utilized similar services within the last two (2) years.
CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be
subject to the Texas Public Information Act. Following an award, responses are subject to release as
public information unless the response or specific parts of the response can be shown to be exempt from
the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances.
• Information in a submittal that is legally protected as a trade secret or otherwise confidential must
be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the
document. The City will not be responsible for any public disclosure of confidential information if
it is not clearly marked as such.
• If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons
and information as to why the information should be protected from disclosure. The matter will
then be presented to the Attorney General of Texas for final determination.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 13-005
RESPONDENT'S NAME: JOEL GRAY
DATE: 02/19/2013
Provide the name, address, e-mail address, telephone number and point of contact of at least three (3)
firms comparable to Municipal and/or Government projects that have utilized similar service within the last
two (2) years. City of Round Rock references are not applicable. References may be checked prior to
award. Any negative responses received may result in disqualification of solicitation.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
TEXAS DEPARTMENT OF TRANSPORTATION
EDWARD SANDERS
SHOP COORDINATOR
EDWARD. SANDERS@TXDOT.GOV
P.O. BOX 29928
SAN ANTONIO, TX 78229-0928
( 512 ) 832 -7170 Fax Number: (g 10
015 -5963
CITY OF AUSTIN
PAUL CONDE
SHOP FOREMAN
PAUL.CONDE@AUSTINTEXAS.GOV
714 EAST 8TH ST
AUSTIN, TX 78701
(512 I ) :;974-1804
Fax Number: (51 �.. ) 322-9903
CITY OF GEORGETOWN
STAN HOUMAN
SERVICE CENTER SUPERVISOR
STAN.HOHMAN@GEORGETOWN.ORG
300-2 INDUSTRIAL
GFJ)RGFTOWN. TX 78626
C512 ) -930-3563
Fax Number: ( 512. ) 930-8173
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
9 of 9
City of Round Rock
Agenda Item Summary
Agenda Number: E.2
Title: Consider a resolution authorizing the Mayor to execute a City of Round
Rock Agreement for Purchase of Original Equipment Manufacturer Parts
from Austin Mac Haik Ford Lincoln LTD.
Type: Resolution
Governing Body: City Council
Agenda Date: 7/11/2013
Dept Director: Chad McDowell, General Services Director
Cost: $0.00
Indexes:
Attachments: Resolution, Exhibit A
Text of Legislative File 13-475
The City desires to purchase original equipment manufacturer automotive maintenance and
repair parts and batteries for a portion of City's fleet. City issued an invitation for Bid on
February 9, 2013 and selected the Bid submitted by vendor. No guarantee of any minimum
purchase is made or implied. The City will only order the goods needed to satisfy operating
requirements.
This will secure a contract to purchase original equipment parts at the best possible rate
and give the City a local vendor to supply manfactured authorized parts in a limited time
frame. The City will be paying 30-40% less than retail and estimates to spend about
$100,000.00 a year on this contract.
Staff recommends approval
City of Round Rock Page 1 Printed on 7/5/2013
EXECUTED
ORIGINAL
DOCUMENT
FOLLOW
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
ORIGINAL EQUIPMENT MANUFACTURER PARTS FROM
AUSTIN MAC HAIK FORD LINCOLN LTD
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
That this Agreement for Purchase of Original Equipment Manufacturer Parts (referred to
herein as the "Agreement") is made and entered into on this the 101- day of the month of
, 2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule
municip' 1ity whose offices are located at 221 East Main Street, Round Rock, Texas 78664
(referred to herein as the "City"), and Austin Mac Haik Ford Lincoln LTD, whose offices are
located at 7201 Interstate Highway 35 South, Georgetown, Texas 78626 (referred to herein as the
"Vendor"). This Agreement supersedes and replaces any previous agreement between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase original equipment manufacturer automotive
maintenance and repair parts and batteries for a portion of City's fleet from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide said automotive
parts and batteries, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The
Agreement includes the following : (a) City's Invitation for Bid designated as IFB 13-005, and
00272867.doc/jmr
- it
Specification Number 060-72; (b) Vendor's Response to IFB; (c) the contract award; and (d) any
exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract
documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods means the specified supplies, materials, commodities, or equipment.
F. Purchase Order means an order placed by the Purchasing Department for the
purchase of goods or services which, when written on City's standard Purchase Order form and
when accepted by Vendor, becomes a contract. The Purchase Order is Vendor's authority to
deliver and invoice City for goods or services specified, and is City's commitment to accept such
goods or services for an agreed-upon price.
G. Subcontractor means any person or business enterprise providing goods, labor,
and/or services to Vendor if such goods, equipment, labor, and/or services are procured or used
in fulfillment of Vendor's obligations arising from a contract with City.
H. Vendor means Austin Mac Haik Ford Lincoln LTD, or any of its successors or
assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
2
B. The initial term of this Agreement is for five (5) twelve-month periods from the
effective date hereof. After that initial term, this Agreement may renew for two (2) successive
periods of twelve (12) months each, only upon the express written agreement of both parties and
only provided Vendor has performed each and every contractual obligation specified in this
Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://www.bls.gov/ppi/ppi dr.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply goods as outlined in IFB 13-
005, Specification Number 060-72, and Response to IFB submitted by Vendor, all as specified in
Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these
documents is to formulate an Agreement listing the responsibilities of both parties as outlined in
the IFB and as offered by Vendor in its Response to the IFB.
The goods which are the subject matter of this Agreement are those goods, and only those
goods, described under the heading "Ford Sample Part List" and any corresponding goods listed
under the heading "Alternate Part List" in Exhibit "A" and, together with this Agreement,
comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in
full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
3
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
4
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 13-
005, including all attachments and exhibits thereto, Vendor's bid response and Attachment A to
this Agreement.
5
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Marshall Reynolds
Fleet Operations Manager
221 East Main Street
Round Rock, Texas 78664
512-218-5571
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
6
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
7
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Austin Mac Haik Ford Lincoln LTD
7201 Interstate Highway 35 South
Georgetown, TX 78626
Notice to City:
Steve Norwood, City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
8
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
9
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
For City, Attest:
By:
� PA. Sara . White, City
For City, , proved as
By:
Form:
Steph ! L. Sheets, City Attorney
10
Austin Mac Haik Ford Lincoln LTD
Printed Name: ' V: ,� e. vrtNit
Title: G..M.
Date Signed: 5• (0-13
ROUND RUCK. I!_X.AS
EXHIBIT
,1A»
DATED: JULY 2011
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of
the agreement or purchase order resulting from a response to the Solicitation/Specification, insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work as a result of the solicitation by the successful respondent, its
agents, representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the
City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City.
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles
with minimum limits for Bodily Injury of $100,000.00 each person, and
$300,000.00 for each occurrence, and Property Damage Minimum limits of
$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Agreement.
1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision,
or modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise
reasonable efforts to accomplish such changes in policy coverage and shall pay the cost
thereof. All insurance and bonds shall meet the requirements of the solicitation specification
and the insurance endorsements stated below.
Page 1 of 4
DATED: JULY 2011
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment,
the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional insured's,
(as the interest of each insured may appear) as to all applicable coverage.
1.5.3. Provide thirty days' notice to the City of cancellation, non -renewal, or material changes.
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;
and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the
company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of the agreement concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, solicitation
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such
notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main
Round Rock, TX 78664-5299
2. WORKERS COMPENSATION INSURANCE
City Attorney
City of Round Rock
309 East Main
Round Rock, TX 78664
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all
persons providing services on building or construction projects for a governmental entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate
of authority to self -insure issued by the Texas Workers' Compensation Commission, or
a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the project
until the CONTRACTOR'S/person's work on the project has been completed and
accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 — includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken to
perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
Page 2 of 4
DATED: JULY 2011
operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the agreement.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends
during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide
to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one (1) year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,
within ten (10) calendar days after the CONTRACTOR knew or should have known, or any
change that materially affects the provision of coverage of any person providing services on the
project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all its employees providing services on
the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on a project, for the duration of the project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
Page 3 of 4
DATED: JULY 2011
2.10.3.1. obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work
on the project; and
2.10.3.1.2. a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the
project and for one (1) year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten
(10) calendar days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as
required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be
provided to the person for whom they are providing services.
2.10.3.5. By signing the solicitation associated with the specification, or providing, or
causing to be provided a certificate of coverage, the Contractor is
representing to the Owner that all employees of the Contractor who will
provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the Owner to declare the agreement
void if the Contractor does not remedy the breach within ten (10) calendar
days after receipt of notice of breach from the owner.
Page 4 of 4
r�ROUND ROCK, TEXAS
N(YkrhvnA t�R�x14Ai1}
BID FORM
PURCHASING DEPARTMENT
221 E. Main Street • Round Rock, Texas 78664-5299
HOW DID YOU
HEAR ABOUT THIS
SOLICITATION?
FIRST TIME
RESPONDING TO
THE CITY?
nNewspaper nCity's Website E-mail Announcement n ESBD n Other
ED Yes FX 1 No
IS YOUR BUSINESS
REGISTERED WITH
VENDOR CENTRAL?
® Yes n No Register at: roundrocktexas.gov/VendorCentral
The following lists are only a sampling of parts to be purchased.
*** If you are quoting an approved alternate as specified in the Solicitation Document Part ill, Section 4.1
please note the alternate in the Alternate Part List at the end of this document.
FORD SAMPLE PART LIST
(If the unit of measure is NOT one (1) each, please note pkg. /box with quantity enclosed)
Item
Item
OEM Part #
Solicitation Number:
#13-005
UOM
Unit Price
Tax ID Number:
17606942377
SOLICITATION INFORMATION
1W1Z-8C607-AA
Solicitation Name:
OEM Ford and Chevrolet
replacement parts
RESPONDENT INFORMATION
186.02
Business Name:
AUSTIN MAC HAIK FORD LINGO
2
9W7Z-7000-CRM
ASSEMBLY; REMAN
TRANSMISSION
Address:
7201 IH -35 SOUTH
Opening Date:
February 19, 2013
Address:
GEORGETOWN, TX 78626
Opening Time:
On or Before 3:00 PM CST
1
1
6.02
COST+4%
Contact:
JOEL GRAY
Opening Location:
City of Round Rock
1
1
245.59
City Hall
Telephone:
512-930-6266
FD4616
221 E. Main Street
1
1
39.09
Round Rock, TX 78664
Entity Type:
PARTNERSHIP
4W7Z-13008-ACP
HEADLAMP; LEFT SIDE 98—
Up
E-mail:
JGRAY@MACHAIKFLM.COM
58.71
COST+4%
58.71
HOW DID YOU
HEAR ABOUT THIS
SOLICITATION?
FIRST TIME
RESPONDING TO
THE CITY?
nNewspaper nCity's Website E-mail Announcement n ESBD n Other
ED Yes FX 1 No
IS YOUR BUSINESS
REGISTERED WITH
VENDOR CENTRAL?
® Yes n No Register at: roundrocktexas.gov/VendorCentral
The following lists are only a sampling of parts to be purchased.
*** If you are quoting an approved alternate as specified in the Solicitation Document Part ill, Section 4.1
please note the alternate in the Alternate Part List at the end of this document.
FORD SAMPLE PART LIST
(If the unit of measure is NOT one (1) each, please note pkg. /box with quantity enclosed)
Item
Item
OEM Part #
Description
Quantity
UOM
Unit Price
Mark Up
Extended
Price
1
1W1Z-8C607-AA
ASSEMBLY; COOLING FAN
1
1
186.02
COST -15%
186.02
2
9W7Z-7000-CRM
ASSEMBLY; REMAN
TRANSMISSION
1
1
1661.92
COST+4%
1661.92 EXCH,
3
F2UZ-7A214-CA
CAP; OVERDRIVE BUTTON
1
1
6.02
COST+4%
6.02
4
AU2Z-19V703-AC
COMPRESSOR; A/C
1
1
245.59
COST -15%
245.59
5
FD4616
FILTER; FUEL (06 & UP 6.0
LEITER)
1
1
39.09
COST -15%
39.09
6
4W7Z-13008-ACP
HEADLAMP; LEFT SIDE 98—
Up
1
1
58.71
COST+4%
58.71
Exhibit A
FORD SAMPLE PART LIST CONTINUED
Item
#
OEM Part #
Description
Quantity
UOM
Unit Price
Mark Up
Extended
Price
7
4W7Z-13008-BCP
HEADLAMP; RIGHT SIDE 98 -
UP
1
1
58.71
COST+4%
58.71
8
3W1Z-2L527-AA
KIT; BRAKE CALIPER PIN
1
1
33.55
COST+4%
33.55
9
6F2Z-1A193-D
KIT; TIRE PRESS SENSOR
STRAP
1
1
24.41
COST -15%
24.41
10
BRSD931
PAD; '03 -'10 CV FRONT
BRAKE
1
1
40.78
COST -15%
40.78
11
D8BZ-4241-C
PIN; AXLE KEEPER
1
1
1.25
COST+4%
1.25
12
F75Z-6730-BA
PLUG; FORD OIL DRAIN
1
1
6.13
COST+4%
6.13
13
6W7Z-5423208-
AA
REGULATOR; 06' - 11' C.V.
R/F WINDOW
1
1
49.03
COST -15%
49.03
14
6W7Z-5423209-
AA
REGULATOR; L/F WINDOW
1
1
50.99
COST -15%
50.99
15
1C3Z-1015-DA
RIM 19.5" (00 F-450)
1
1
251.31
COST+4%
251.31
16
3W7Z-1V125-AA
ROTOR; 03 C.V. REAR
1
1
46.73
COST -15%
46.73
17
3W1Z-1125-AA
ROTOR; 03 - 2010 CV FRONT
1
1
38.23
COST -15%
38.23
18
6F2Z-1A189-A
SENSOR; TIRE PRESSURE
AIR
1
1
55.44
COST -15%
55.44
19
6W1Z-4234-A
SHAFT; AXLE
1
1
187.25
COST+4%
187.25
20
5L1Z-14529-AA
SWITCH; DRIVER SIDE
WINDOW
1
1
60.07
COST+4%
60.07
21
7W7Z-1007-CCP
WHEEL; 17" C.V. STEEL
1
1
90.63
COST+4%
90.63
• Minimum order quantities and minimum delivery quantities will not be permitted.
CHEVROLET SAMPLE PART LIST
Jlf the unit of measure is NOT one (1) each, please note pkg. /box with quantity enclosed)
Item
OEM Part #
Description
Quantity
UOM '
Unit Price
Mark Up `
Extended
Price
22
19178801
BRAKE REAR KIT (01 CHEV. TAHOE
5.3L)
23
17D834M
PAD; '01 TAHOE REAR BRAKE
24
17D1367MHPV
PAD; '11 TAHOE FRONT BRAKE
25
24233099
PLUG; DRAIN PAN TRANSMISSION
26
BD126032
ROTOR; REAR (01 CHEV. TAHOE
5.3L)
27
18A2661
ROTOR; '11 TAHOE FRONT BRAKE
28
20923680
STEM; SENSOR W/VALVE
• Minimum order quantities and minimum delivery quantities will not be permitted.
• Do you offer a Payment Discount? Dt No ❑ Yes
If yes, please indicate payment discount:
• Confirm Delivery within 2 hours of order placement? g Yes ❑ No (Please note, delivery schedule
shall be pre -approved by the City's Authorized Representative)
If no, please indicate delivery schedule:
ALTERNATE PART LIST: (PLEASE ATTACH ADDITIONAL PAGES AS NEEDED)
Item
#
Part #
REPLACEMENT PART BRAND
AND Description or Explanation
Quantity
UOM
Unit Price
Mark up
Extended price
ACKNOWLEDGEMENTS
By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or
anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce
Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged
in such line of business.
Further, by signing and submitting this response the Respondent acknowledges:
That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
The respondent is not currently delinquent in the payment of any debt owed to the City.
Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity.
The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the
terms outlined in Part I. #14 of this solicitation. If applicable, do you agree to "piggyback" purchasing from other govemmentai agencies?
Yes ❑ No
Response shall include one (1) signed original and three (3) cis of response.
JOEL GRAY
Printed Name
Failure to sign response will disqualify response.
02/19/2013
Signature Date
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
CITY OF ROUND ROCK
INVITATION FOR BID
OEM FORD AND CHEVROLET REPLACEMENT PARTS
PARTI
GENERAL
1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified
Individual, Firm or Corporation, hereafter referred to as "Respondent", to supply and deliver
Original Equipment Manufacturer (OEM) Ford and Chevrolet replacement parts for the City's
fleet.
1.1. It is the City's preference to award a single contract for Ford OEM parts, and a single contract
for Chevrolet OEM parts.
2. DEFINITIONS. TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time
of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject
to change without notice. It is the sole responsibility of respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
hftp://www.roundrocktexas.00v/homenndex.aso?paqe=463.
2.1. Any exception to or additional terms and conditions attached to the response will not be
considered unless respondent specifically references them on the front of the Solicitation
Document. WARNING: Exception to or additional terms and conditions may result in
disqualification of the response.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the
Insurance Requirements as identified on the City's website at
http://www.roundrocktexas.qov/home/index.asp?paqe=463.
4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation:
4.1. Attachment A: Reference Sheet
4.2. Attachment 8: Price Sheet / Bid Sheet
5. CLARIFICATION: For questions or clarifications of specifications, you may contact:
Deborah Knutson
Purchasing Department
City of Round Rock
Telephone: 512-218-5456
dknutson@roundrocktexas.gov
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Department.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060.71; 060-72
6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of
such as qualified and responsive. Respondents qualifications shall be as follows:
6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
6.3. In order to assure the City does not encounter shipping delays, service delays or other
unforeseen problems that can occur with out -of -area or foreign vendors, respondent shall be
located within:
lef60 Miles from Round Rock, Texas 78681
0 120 Miles from Round Rock, Texas 78681
0 United States
6.4. Respondent warrants and agrees that all materials supplied herein shall be manufactured
and produced in compliance with the laws, regulations, codes, terms, standards, and
requirements of Underwriters Laboratories Incorporated, all Federal, State, and local
authorities, and all other authorities having jurisdiction, and that performance of goods shall
be in accordance with the above laws, regulations, codes, terms, standards, and
requirements, and agrees upon request, to fumish the City a certificate of compliance upon
request.
6.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms
comparable to Municipal and/or Govemment projects that have utilized similar service within
the last two (2) years. City of Round Rock references are not applicable. References may
be checked prior to award. Any negative responses received may result in disqualification of
submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL
ADDRESSES ARE REQUIRED.
7. BEST VALUE EVALUATION AND CRITERIA: AN solicitations received may be evaluated based
on the best value for the City.
7.1. In determining best value, the City may consider:
7.1.1. Purchase price;
7.1.2. Reputation of Respondent and of Respondent's goods and services;
7.1.3. Quality of the Respondent's goods and services;
7.1.4. The extent to which the goods and services meet the City's needs;
7.1.5. Respondent's past relationship with the City;
7.1.6. The total long-term cost to the City to acquire the Respondent's goods or services;
7.1.7. Any relevant criteria specifically listed in the solicitation.
7.2. The City reserves the right to reject any or all responses, or to accept any response deemed
most advantageous, or to waive any irregularities or informalities in the response received
that best serves the interest and at the sole discretion of the City.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
8. AGREEMENT TERM: The terms of the awarded agreement shall include:
8.1. An initial term of the resulting agreement shall be three (3) consecutive twelve (12) month
periods from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in writing
prior to the expiration of the current term.
8.2. The City's right to review the respondents' performance at the end of each twelve (12) month
period and cancel all or part of the agreement(s) or continue the agreement(s) through the
next period.
8.3. Notice if the respondent fails to perform its duties in a reasonable and competent manner.
The City shall give written notice the respondent of the deficiencies and the respondent shall
have thirty (30) days to correct such deficiencies. If the respondent fails to correct the
deficiencies with the thirty (30) days, the City may terminate the agreement by giving the
respondent written notice of termination and the reason for the termination.
8.4. A termination clause. If the agreement is terminated, for any reason, the respondent shall
tum over all records, to include but not be limited to the following: records of repairs, services,
deliveries, and replacement parts, to the City within fifteen (15) working days after completion
of duties contained in the agreement.
9. PRICE INCREASE OR DECREASE: Unit prices quoted shall remain firm for the first twelve (12)
month period of the Contract. A price increase or decrease to the agreement may be considered
based on the following:
9.1. To the extent applicable to this solicitation the Successful Respondent may submit a request
for pricing adjustment subject to approval by the City. The request must show just -cause
substantiating an adjustment in the form of an affidavit or certified statement from a supplier
documenting the reason for increase. The requested adjustment must be for goods or
services and may in no way represent an increase in the Successful Respondent's overhead.
9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of
120 days prior to each renewal period. Vendor shall supply supporting
documentation as justification for each request.
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock, Texas 78664-5299
9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation
as supported by supplier's documentation and make change to the purchase order
within 30 days of the request, negotiate with the vendor or cancel the agreement or
purchase order if an Agreement cannot be reached on the value of the increase.
10. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single
award, split awards, non -award, or use any combination that best serves the interest and at the
sole discretion of the City. Award announcement will be made upon City Council approval of staff
recommendation and executed agreement. Award announcement will appear on the City's website
at http://www.roundrocktexas.qov/home/index.asp?page=463.
11, ACCEPTANCE: Acceptance inspection and tests should not take more than three (3) working days.
The vendor will be notified within this time frame if the goods delivered is not in full compliance with
the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed
good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
3 of 9
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late
fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be
late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or the
services performed which caused the payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with Instructions, if any, on the
purchase order or agreement or other such contractual agreement.
13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to
purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving Vendor a written notice of termination at
the end of its then current fiscal year.
14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other govemmental entities may
be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement
of the awarded vendor(s) and the City. Such consent and agreement shall be conclusively inferred
from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their
understanding and hereby expressly agree that the City is not an agent of, partner to, or representative
of those outside agencies or entities and that the City is not obligated or liable for any action or debts
that may arise out of such independently -negotiated "piggyback" procurements.
PART 11
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1. Solicitation released January 31, 2013
1.2. Deadline for questions February 11, 2013
1.3. City responses to all questions or addendums February 13, 2013
1.4. Responses for solicitation due at or before 3:00 PM February 19, 2013
All questions regarding the solicitation shall be submitted in writing at or before 5:00 PM on
the due date noted in Section 1.2. A copy of all the questions submitted and the City's response
to the questions shall be posted on our webpage,
http://www.roundrocktexas.gov/home/index.asp?page=463.
4 of 9
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
Questions shall be submitted to the City contact named in PART I.
The City reserves the right to modify these dates. Notice of date change will be posted to the City's
website.
**********************SOLICITATION UPDATES***********************
2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/home/index.asp?page=463 for any updates pertaining to the
solicitation described herein. Various updates may include addendums, cancelations, notifications,
and any other pertinent information necessary for the submission of a correct and accurate
response. The City will not be held responsible for any further communication beyond updating the
website.
3. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the date
noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
3.1. Responses received after this time and date shall not be considered.
3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation
title, number, due date and "DO NOT OPEN".
3.3. Facsimile or electronically transmitted responses are not acceptable.
3.4. Late responses will be returned to Respondent unopened if return address is provided.
3.5. Responses cannot be altered or amended after opening.
3.6. No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
3.7. The City will not be bound by any oral statement or offer made contrary to the written
specifications.
4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,
but not be limited to the following:
4.1. Provide City contact(s) information for implementation of agreement.
4.2. Agreement terms and conditions.
4.3. Identify specific milestones, goals and strategies to meet objectives.
PART III
SPECIFICATIONS
1. SCOPE OF WORK: To supply and deliver Original Equipment Manufacturer (OEM) Ford and
Chevrolet replacement parts on an "as needed" basis for the City of Round Rock Fleet
Maintenance Facility. The City's fleet currently consists of approximately 94% Ford vehicles, and
6% Chevrolet vehicles, however, due to the Police Department's increase in Chevrolet purchases,
these percentages will change slightly.
5 of 9
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
1.1. All services performed under the agreement will be supervised and verified by the City's
authorized representative:
Marshall Reynolds
Fleet Operations Manager
Phone # 512-218-5571
1.2. Successful Respondent must be a manufacturer's authorized dealer for parts.
2. FACILITY QUALIFICATIONS: Successful Respondent shall be currently operating out of a
commercial facility which is open and accessible to City personnel, without prior notice, during
normal business hours. This facility shall be open a minimum of eight consecutive hours, anytime
between 7:00 am and 5:00 pm.
2.1. The City reserves the right to inspect respondent's physical facilities and delivery fleet prior to
award to satisfy questions regarding respondent's capability to perform services and fumish
goods.
3. STAFFING QUALIFICATIONS: Successful Respondent shall have an assigned account
representative to ensure customer satisfaction and assist with any problems. Successful
Respondent's employees shall be knowledgeable in the product lines and be able to assist with
transactions.
4. PRODUCT: All materials and repair parts shall be new, except core components on renewed
assemblies. Used, shopworn, demonstrator, prototype, and discontinued parts or materials are not
acceptable. Repair parts shall be OEM parts.
4.1. If OEM parts are not available: Motorcraft parts will be considered an acceptable substitution
for Ford OEM parts. AC Delco or General Motors OEM parts will be considered acceptable
substitutions for Chevrolet OEM parts.
4.2. Material Safety Data Sheets (MSDS) shall be made available upon request.
4.3. Successful Respondent shall notify the City's authorized representative of recall notices,
warranty replacements, safety notices, or any applicable notice regarding the parts being
sold.
5. ORDER QUANTITY / METHOD: No guarantee of any minimum or maximum purchase is made or
implied. The City will only order the goods needed to satisfy operating requirements.
5.1. A City representative will contact the Successful Respondent by e-mail, fax, or telephone to
place an order for parts. The request will include the part numbers, parts description, delivery
requirements, and a unique delivery order number.
5.2. A minimum order quantity will not be permitted.
5.3. Backordered parts shall be delivered within five (5) working days. The Successful
Respondent shall notify the ordering City representative by telephone immediately to advise
when the part will be available. If the Successful Respondent cannot provide the
backordered part within five (5) working days, the City reserves the right to purchase the part
on the open market.
5.4. The Successful Respondent shall provide, upon request, a monthly/quarterly/yearly total of all
parts purchased by the City. The report shall include date purchased, invoice number, part
number, part description, price per part, and total dollar amount for all parts purchased.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
6. SHIPPING: All shipments shall be FOB (Freight on Board) destination:
Fleet Maintenance
901 Luther Peterson Place,
Round Rock, Texas 78664
6.1. All parts shall be shipped complete unless arrangements for partial shipments are made in
advance.
6.2. All parts shipped shall include a shipping ticket showing the description of each item, quantity
and unit price.
6.3. Goods shall be received between the hours of 8:00 am to 5:00 pm Monday through Friday.
All shipments shall be coordinated with a City authorized representative.
6.4. Items which are not normally stocked and for which shipping charges are required for
delivery, the shipping charges shall be prepaid and added to each invoice. .
7. DELIVERY: Some of the City's fleet vehicles are in use for emergency response. The Successful
Respondent shall render prompt service and delivery to assist with the continuous operation and
prompt return to service of the City's fleet vehicles. All goods shall be delivered to:
Fleet Maintenance
901 Luther Peterson Place,
Round Rock, Texas 78664
7.1. All parts shall be delivered complete unless arrangements for partial deliveries are made in
advance.
7.2. All parts delivered shall include a delivery ticket showing the description of each item,
quantity and unit price.
7.3. Delivery shall be available between the hours of 8:00 am to 5:00 pm Monday through Friday.
7.4. All goods shall be received and signed for by a City authorized representative upon delivery.
7.5. Goods shall be delivered within two (2) hours from the time order is placed. Exceptions may
be considered upon preapproval by the City's Authorized Representative.
7.6. No additional delivery costo are permitted. Transportation costs shall be included in the
markup price.
7.7. No Fuel surcharges or mileage charges shall be permitted. Transportation costs shall be
included in the markup price.
7.8. A minimum delivery quantity will not be permitted.
8. PRICING: Unit prices quoted shall remain firm for the first twelve (12) month period of the Contract
and shall not include federal or state sales, excise, and use tax. The unit prices shall be the
Jobber's prices. Markup percentages % shall be inclusive of delivery, overhead costs, payroll costs
and transportation charges.
9. RETURNS: The City of Round Rock reserves the right to return items as needed. Successful
Respondent will be responsible for issuing all return credits, to include any shipping charges if
necessary, for returns due to incorrect orders, damaged items or obsolescence. Successful
Respondent must have a return policy that will assist in preventing obsolescence. Successful
Respondent shall buy back, at original purchase price, all unused items purchased under this
agreement that are declared surplus or that are no longer required by the City. Restocking charges
are not acceptable and will not be authorized for payment.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060.72
10. WARRANTY: All goods shall be warranted against defects in material and workmanship for a
period of not less than twelve (12) months beginning with the date of installation of part as
evidenced by the City's work order. If the manufacturer's standard warranty exceeds twelve (12)
months, then the manufacturer's standard warranty shall be in effect. The Successful Respondent
shall furnish a copy of the manufacturer's warranty at time of delivery.
PART IV
RESPONSE REQUIREMENTS
The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every
requirement specified in the solicitation. This list is only a tool to assist participating Respondents in
compiling their final responses. Respondents are encouraged to carefully read the entire solicitation.
Respondent shall submit one (1) executed (signed) original and three (3) copies of each response.
For your bid to be responsive, all required attachments identified below shall be submitted with
your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall
become the property of the City.
1. Responses shall be submitted on itemized, signed Solicitation Document provided herein. Failure
to itemize or sign solicitation may result in disqualification. Submission of responses on forms other
that the City's Solicitation Document may result in disqualification of the response.
2. In the event of errors in extension pricing, unit prices shall govern.
3. Attachment A: Reference sheet shall include the name, address, active telephone number and
valid e-mail address of at least three (3) firms applicable to Municipal and Government projects
that have utilized similar services within the last two (2) years.
CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be
subject to the Texas Public Information Act. Following an award, responses are subject to release as
public information unless the response or specific parts of the response can be shown to be exempt from
the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances.
• Information in a submittal that is legally protected as a trade secret or otherwise confidential must
be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the
document. The City will not be responsible for any public disclosure of confidential information if
it is not clearly marked as such.
• If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons
and information as to why the information should be protected from disclosure. The matter will
then be presented to the Attorney General of Texas for final determination.
SOLICITATION NUMBER
13-005
SPECIFICATION NUMBER
060-71; 060-72
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 13-005
RESPONDENT'S NAME: JOEL GRAY
DATE:
02/19/2013
Provide the name, address, e-mail address, telephone number and point of contact of at least three (3)
firms comparable to Municipal and/or Government projects that have utilized similar service within the last
two (2) years. City of Round Rock references are not applicable. References may be checked prior to
award. Any negative responses received may result in disqualification of solicitation.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
TEXAS DEPARTMENT OF TRANSPORTATION
EDWARD SANDERS
SHOP COORDINATOR
EDWARD.SANDERS@TXDOT.GOV
P.O. BOX 29928
SAN ANTONIO. TX 78229-0928
( 512 ) 832 -7170 Fax Number: (2 10 ) 5 -5963
CITY OF AUSTIN
PAUL CONDE
SHOP FOREMAN
PAUL.CONDE@AUSTINTEXAS.GOV
714 EAST 8TH ST
AUSTIN, TX 78701
(512 ) :474-1804
Fax Number: (c� 9 ) 322-9903
CITY OF GEORGETOWN
STAN 1:101:IMAN
SERVICE CENTER SUPERVISOR
STAN,HOHMAN@GEORGETOWN.ORG
300-2 INDUSTRIAL
City, State, Zip Code GF,QRGFTOWN. TX 78626
Telephone Number •( 512 ) ;930-3563
Fax Number: ( 512 . ) 930-8173
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
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