Loading...
Contract - Mac Haik Ford - 5/28/2020 CITY OF ROUND ROCK AGREEMENT FOR THE PURCHASE OF OEM FORD REPLACEMENT PARTS WITH MAC HAIK FORD LINCOLN THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for purchase of OEM Ford replacement parts, and for related goods and services (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2020 by and between the CITY OF ROUND ROCK, a Texas home-rule municipa ty, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and MAC HAIK FORD LINCOLN, whose mailing address is P.O. Box 710, Georgetown, Texas 78627 (referred to herein as the "Vendor"). RECITALS: WHEREAS, City desires to purchase OEM Ford replacement parts, and City desires to procure same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said services; 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 sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to provide same. The Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number 20-009 dated February 2020 ("IFB"); (b) Vendor's Response to IFB; (c) 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: 00444521/ss2 (1) This Agreement; (2) Vendor'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 and services mean the specified services, supplies, materials, commodities, or equipment. F. Vendor means Mac Haik Ford Lincoln, its successor or assigns. 2.01 EFFECTIVE DATE,TERM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. The term of this Agreement shall be for sixty (60) months from the effective date hereof. C. 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 to supply the goods as outlined in the Part IV, Specifications, of the IFB, and the Response to IFB submitted by Vendor as described in Attachment A: Bid Sheet in Exhibit "A." 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 services which are the subject matter of this Agreement are described 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. 2 4.01 ITEMS AWARDED; AND SCOPE OF WORK Items Awarded. All bid items in Attachment A: Bid Sheet of Exhibit "A" are awarded to Vendor. Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services (specifically IFB 20-009 dated February 2020). Vendor has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Vendor shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 2.01. Vendor's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Vendor has been specifically engaged. Vendor shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 5.01 COSTS A. In consideration for the services to be performed by Vendor, City agrees to pay Vendor the amounts set forth in"Attachment A: Bid Sheet" of the attached Exhibit"A." B. The City shall be authorized to pay the Vendor an amount not-to-exceed One Hundred Thirty Thousand and No/100 Dollars ($130,000.00) per year for a total not-to- exceed amount of Six Hundred Fifty Thousand and No/100 Dollars ($650,000.00) for the term of this Agreement. 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 or services provided; and D. Delivery or performance 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 3 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 service provider(s) and the City. Such agreement shall be conclusively inferred for the Vendor from lack of exception to this clause in the service provider'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 affect 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 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. 4 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 insurance requirements set forth Part II of No. 19-030 and on the City's website at: https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07 20112 pdf 14.01 CITY'S REPRESENTATIVES City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Chad McDowell Director of General Services 212 Commerce Cove Round Rock, Texas 78665 512-341-3191 cmcdowell a,roundrocktexas.gov 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. 5 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. 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 6 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 A. 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. B. In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contact contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the terms of this contract. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott Israel during the term of this Agreement. 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 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: Mac Haik Ford Lincoln P.O. Box 710 Georgetown, Texas 78627 7 Notice to City: Laurie Hadley, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 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. 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 perfonn all of the services, responsibilities and duties specified herein and 8 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. [Signatures on the following page.] 9 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas Mac Haik Ford Lincoln By: By: Printed Name: Q Print d ame: Title: MA Titl f2c o Date Signed: J 5..?/$ . 20 Date Signed: boaa Attest: By: SML—tw- k Sara L. White, City Clerk For City, pp oved as to By: LM Stephan L Sheets, City Attorney 10 Exhibit "A" 01 MOO- ROUND ROCK TEXAS PURCHASING DIVISION City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.rou ndrocktexas.gov INVITATION FOR BID (IFB) OEM FORD AND CHEVROLET REPLACEMENT PARTS SOLICITATION NUMBER 20-009 FEBRUARY 2020 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71; 060-72 February 2020 OEM FORD AND CHEVROLET REPLACEMENT PARTS PART I GENERAL REQUIREMENTS 1. PURPOSE: The City of Round Rock seeks an agreement with a qualified Respondent to supply and deliver Original Equipment Manufacturer(OEM) Ford and/or Chevrolet replacement parts for the City's fleet. It is the City's intention to award a single contract for Ford OEM parts and a single contract for Chevrolet OEM Parts. 2. SOLICITATION PACKET: This solicitation packet is comprised of the following: Description Index Part I—General Requirements Page(s) Part II—Definitions, Standard Terms and Conditions Page and Insurance Requirements Part III—Supplemental Terms and Conditions Page(s) Part IV—Specifications Page(s) Attachment A—Bid Sheet Page Attachment B—Reference Sheet Page 3. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact: Amanda Crowell Purchasing Technician Purchasing Division City of Round Rock Phone: 512-218-5458 E-mail: acrowell(o�roundrocktexas.gov The individual listed above is the only authorized contact for this solicitation and may be contacted by e-mail 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. 4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released February 13, 2020 Deadline for submission of questions February 21, 2020 City responses to questions or addendums Approximately February 26, 2020 @ 5:00 PM, CST Deadline for submission of responses March 3, 2020 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted above. A copy of all questions submitted and the City's response to the questions shall be posted on the City's webpage in the form of an addendum at: https://www.roundrocktexas.gov/businesses/solicitations/. Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves the right to modify these dates. Notice of date change will be posted to the City's website: http://www.roundrocktexas.gov/bids. Page 2 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71; 060-72 February 2020 5. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancellations, 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. 6. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted in PART I, Section 4—Schedule of Events. Mail or hand deliver sealed responses to: City of Round Rock Attn: Amanda Crowell Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 A. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and"DO NOT OPEN". B. Facsimile or electronically transmitted responses are not acceptable. C. Responses cannot be altered or amended after opening. D. No response can be withdrawn after opening without written approval from the City for an acceptable reason. E. The City will not be bound by any oral statement or offer made contrary to the written specifications. F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. G. Late responses will not be considered and will be returned unopened, if a return address is provided. 7. RESPONDENT 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 to carefully read the entire solicitation. Respondent shall submit one(1)evident signed"Original," one identical electronic copy of the IFB response on a flash drive. The submittal is required to include all addendums and requested attachments.The bid response along with samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. This invitation for bid(IFB)does not commit the City to contract for any supply or service. Respondents are advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding to this IFB does not preclude participation in any future RFP/RFQ/IFB. For your bid to be responsive, addendums and the attachments identified below shall be submitted with your proposal. o Addendums: Addendums may be posted to this solicitation. Bidders are required to submit signed addendums with their sealed response.The Bidder shall be responsible for monitoring the City's website at http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation. o Attachment A: BID SHEET& MSRP Catalog: The bid response shall be submitted on itemized, signed Bid Sheet provided in the solicitation packet. Failure to complete and sign the bid sheet will result in disqualification. If there is a conflict between the unit price and extended price,the unit price will take precedence. Submission of responses on forms other than the City's solicitation document may result in disqualification of the response. Also required is the attachment of a complete MSRP catalog or a current active weblink to your company's complete MSRP online catalog for the brand of vehicle replacement parts bid. Page 3 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71; 060-72 February 2020 ❑ Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at least three(3)valid Municipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two (2)years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal. 8. BEST VALUE EVALUATION AND CRITERIA: 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.All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: A. Purchase price; B. Reputation of Respondent and of Respondent's goods and services; C. Quality of the Respondent's goods and services; D. The extent to which the goods and services meet the City's needs; E. Respondent's past performance with the City; F. The total long-term cost to the City to acquire the Respondent's goods or services; G. Any relevant criteria specifically listed in the solicitation. Respondents may be contacted for clarification of bid and/or to discuss details of the items or services they are proposing. 9. CONFIDENTIALITY OF CONTENT:As stated in Section 16 of City of Round Rock Purchasing Definitions, Standard Terms and Conditions, 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 A. 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. B. 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. 10. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2 CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from doing business with the Federal Government, State of Texas, or the City of Round Rock. 11. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295"Certificate of Interested Parties" that is signed for a contract award requiring council authorization.The"Certificate of Interested Parties"form must be completed on the Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm Page 4 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71;060-72 February 2020 PART 11 DEFINITIONS, STANDARD TERMS AND CONDITONS AND INSURANCE REQUIREMENTS 1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions,Standard 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, Standard Terms and Conditions can be viewed and downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasing/ 2. INSURANCE: Insurance does not apply to this solicitation. Page 5 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts I FB 20-009 Class/Item: 060-71; 060-72 February 2020 PART III SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following: A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty(60) months. B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to 90 days. 2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications. Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent shall: A. Be firms, corporations, individuals or partnerships normally engaged in providing OEM Ford and/or Chevrolet replacement parts as specified herein and have adequate organization,facilities,equipment, financial capability, and personnel to ensure prompt and efficient service to the City; B. Provide all labor, supplies, and materials required to satisfactorily perform the services as specified herein and own or acquire at no cost to the City all construction aids, appliances, and equipment Respondent deems necessary and maintain sole responsibility for the maintenance and repair of Respondent's vehicles, equipment, tools and all associated costs.The City shall not be responsible for any Respondent's tools, equipment or materials lost or damaged during the performance of the services specified herein; C. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the United States, or not having a home office inside the United States will not be included for consideration in this procurement process. D. Shall have a facility that will stock and ship parts to the City of Round Rock located within Williamson or Travis County. E. 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 furnish the City a certificate of compliance upon request. 3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform required services. The City seeks to do business directly with a company experienced in stocking and shipping OEM Ford and/or Chevrolet Replacement Parts. 4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances,rules and regulations. The Respondent shall: A. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. In case of conflict, the most stringent safety requirement shall govern; B. Indemnify and hold the City harmless from and against all claims,demands,suits, actions,judgments, fines penalties and liability of every kind arising from the breach of the successful Respondents' obligations under this paragraph. Page 6 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71; 060-72 February 2020 5. WORKFORCE: The successful Respondent shall: A. Ensure Respondent's employees perform the services in a timely,professional and efficient manner; B. Ensure Respondent's employees, while working on City property,wear a company uniform that clearly identifies them as the Respondent's employee; C. Employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. 6. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and maintenance,demurrage,fuel surcharges,delivery charges,costs associated with obtaining permits, insurance, bonds and risk management. No separate line item charges shall be permitted for either response or invoice purposes. 7. PRICE INCREASE: Contract prices for OEM Ford and Chevrolet Replacement Parts shall remain firm throughout the initial twelve(12) month term of the contract. A price increase to the agreement may be considered on the anniversary date of the Contract each year and shall be equal to the consumer price index for that year, but at no time can the increase be greater than 10%for any single line item. A. Consumer Price Index(CPI): Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index(CPI-U)for all Urban Consumers. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six-month average(January through June OR July through December);and each (January through June OR July through December six month average)thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index(CPI)is found at the Bureau of Labor Statistics, Consumer Price Index website: http://www.bls.gov/cpi/. B. Procedure to Request Increase: i. Mail the written price increase request with the rate detail comparison and comprehensive calculation and any supporting documentation to the designated City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The detailed written calculation will be verified and confirmed. All written requests for increases must include the City of Round Rock contract number, solicitation reference information and contact information for the authorized representative requesting the increase. Price increase requests shall be sent by mail to: City of Round Rock Purchasing Department Attn: Contract Specialist 221 East Main Street Round Rock,TX 79664-5299 ii. Upon receipt of the request,the City reserves the right to either,accept the escalation 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. 8. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance at any time during the contract term. 9. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five(5)working days. The awarded respondent will be notified within the time frame if the services delivered are not in full compliance with the specifications. In the event the services are not performed to the satisfaction of the City; the vendor shall agree to reperform services to specification at no additional cost to the City. If any agreement or purchase order is cancelled for non-acceptance,the needed services may be purchased elsewhere. 10. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services/goods needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. Page 7 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71; 060-72 February 2020 A. 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. B. A minimum order quantity will not be permitted. C. 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. D. 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. 11. AWARD:The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award, primary and secondary award, non-award,or use any combination that best serves the interest and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff recommendation of award has been made. The award announcement will be posted to the City's website at https://www.roundrocktexas.ciov/businesses/solicitations/once City Council has approved the recommendation of award and the agreement has been executed. It is the City's intention to award a single contract for Ford OEM parts and a single contract for Chevrolet OEM Parts. 12. POST AWARD MEETING: The City and successful Respondent(s)may have a post award meeting to discuss, but not be limited to the following: A. The method to provide a smooth and orderly transition of services performed from the current contractor; B. Provide City contact(s) information for implementation of agreement. C. Identify specific milestones, goals and strategies to meet objectives. 13. POINT OF CONTACT/DESIGNATED REPRESENTATIVE: A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information. The City's designated representative shall be notified by the Respondent immediately should the point of contact change. B. The City's designated representative: Marshall Reynold Fleet Operations Manager General Services Phone: (512)218-5571 E-mail: mreynolds(c�roundrocktexas.Aov 14. INTERLOCAL PURCHASING AGREEMENTS A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer the same price and terms and conditions to other eligible agencies that have an interlocal agreement with the City. B. The City does not accept any responsibility or liability for the purchases by other government agencies through an interlocal cooperative agreement Page 8 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71; 060-72 February 2020 PART IV SCOPE OF WORK 1. INTRODUCTION: The City of Round Rock seeks an agreement with a qualified Respondent to supply and deliver Original Equipment Manufacturer(OEM) Ford and/or Chevrolet replacement parts for the City's fleet. It is the City's intention to award a single contract for Ford OEM parts and a single contract for Chevrolet OEM Parts. 2. PURPOSE: 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, these percentages may shift. 3. CONTRACTOR RESPONSIBILITIES: A. SHIPPING AND DELIVERY:All shipments and deliveries shall be FOB(Freight on Board) destination to the following address: Fleet Maintenance 901 Luther Peterson Place Round Rock,Texas 78664 i. All parts shall be shipped and delivered complete unless arrangements for partial shipments are made in advance. ii. All parts shipped and delivered shall include a shipping/delivery ticket showing the description of each item, quantity, and unit price. iii. 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. iv. 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. v. All goods shall be received and signed for by a City-authorized representative upon delivery. vi. 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. vii. No additional delivery costs are permitted.Transportation costs shall be included in the markup price bid in response to this solicitation. viii. No Fuel surcharges or mileage charges shall be permitted.Transportation costs shall be included in the markup price bid in response to this solicitation. B. RETURNS:The City of Round Rock reserves the right to return unused items as needed.The Contractor will be responsible for issuing all return credits,to include any shipping charges if necessary, for returns due to incorrectly shipped orders, items damaged in transit, shipment of obsolete parts to the City,or instances of surplus.The Contractor must have a return policy that will assist in preventing obsolescence.The Contractor shall buy back all unused items purchased under this agreement that are declared surplus or are no longer required by the City within 120 days of shipment at the original purchase price. Restocking charges are not acceptable and will not be authorized for payment. C. WARRANTY: All goods shall be warranted against defects in material and workmanship for a period of not less than 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 12 months, then the manufacturer's standard warranty shall be in effect. The Contractor shall furnish a copy of the manufacturer's warranty at time of delivery. D. 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 genuine OEM parts. Page 9 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71; 060-72 February 2020 i. Substitutions: If OEM parts are not available from the manufacturer- a. Motorcraft parts will be considered an acceptable substitution for Ford OEM parts. b. AC Delco or General Motors OEM parts will be considered acceptable substitutions for Chevrolet OEM parts. c. All substitutions must be approved by City personnel prior to shipment. ii. Material Safety Data Sheets(MSDS)shall be made available upon request. iii. 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. E. City's Responsibilities i. Coordinate delivery with the Contractor ii. As needed the City will provide associated work order to the Contractor to ensure warranty claims are made within acceptable time frames Page 10 of 12 Exhibit "A" City of Round Rock OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item: 060-71;060-72 February 2020 ATTACHMENT A BID SHEET 1. ATTACHMENT A—BID SHEET is posted in Solicitation Documents for IFB 20-009 Ford and Chevrolet Replacement Parts in an Excel format on the City of Round Rock website at: https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/ A. In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an authorized representative and returned by the deadline for submission of response indicated in Part Section 4—Schedule of Events. B. The Respondent, by submitting and signing Attachment A—Bid Sheet,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. C. In order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To register, go to: https://roundrock.munisselfservice.comNendors/default asgx. D. By the signature affixed on Attachment A-Bid Sheet,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." E. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet. F. The Respondent must attach a complete MSRP Catalog or supply a current active weblink to their complete MSRP online catalog. Page 11 of 12 Attachment A-Bid Sheet OEM Parts for Ford and Chevrolet IFB tt 20-009 Updated per Addendum 1 The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation documents contained in IFB No.20-009 OEM Ford and Chevrolet Replacement Parts.The Respondent acknowledges that they have received and read the entire solicitation packet, attachments,and all documents incorporated by reference, and agrees to be bound by the terms therein. Special Instructions: It is the City's intent to award a single contract for Ford OEM parts and a single contract for Chevrolet OEM Parts.All prices must be quoted completely in Part 1 or Part 2 of this bid sheet in order to be considered responsive for that brand of vehicle parts. A value of"0"will be interpreted as no-cost to the City. Be advised that exceptions taken to any portion of the solicitation or any unauthorized changes to the bid sheet may jeopardize acceptance of your offer. The City reserves the right tourchase.. Q-r-e or less thanthe quantities indicated below. No addtional delivery charges,fuel surcharges or mileage charges are permitted. Delivery shall be FOB Destination. Part 1-Chevrolet Parts No. Part Number Model/Brand Description Estimated Unit Unit Cost Extended Total Quantity 1 25824250 Chevrolet BEARING;REAR 50 ! Each + $0.00 2 11547135 Chevrolet BOLT 50 Each $0.00 3 { 12613411 Chevrolet INJECTOR;FUEL WITH ORINGS 40 Each $0.00 4 19417055 Chevrolet PLUG;SPARK,OEM DELCO('14 TAHOE 5.3L) 40 Each $0.00 5 12626222 Chevrolet BELT;SERPENTINE,TAHOE,DENALI(5.3L,6.2L) 40 Each $0.00 6 19210691 Chevrolet BELT;A/C(TAHOE 5.3L) 40 Each $0.00 7 84356643 Chevrolet HUB ASSY;R/F('14 TAHOE) 40 Each $0.00 8 15854941 Chevrolet MOUNTWOTOR D/SIDE(TAHOE/DENALI) 40 Each $0.00 9 13598771 Chevrolet SENSOR;TPMS,TAHOE 40 Each $0.00 10 84127277 Chevrolet PANEL;FRONT LEFT HAND(10-14 TAHOE) 40 Each $0.00 11 25871024 Chevrolet SHOCKS;REAR(07 SILVERADO)CHEVY 40 Each $0.00 12 15077362 Chevrolet SEAL 40 Each $0.00 13 20955430 Chevrolet ABSORBER;REAR SHOCK 40 Each $0.00 14 26064029 Chevrolet SEAL 40 Each $0.00 1of4 Attachment A-Bid Sheet OEM Parts for Ford and Chevrolet I F B#20-009 Updated per Addendum 1 15 25918049 Chevrolet BUSHING;KIT,STABILIZER LINK('07 SILVERA) 40 Each $0.00 16 9596468 Chevrolet WHEEL;TAHOE 17"STEEL 40 Each $0.00 17 11588714 Chevrolet BOLT;PLUG STEAM VENT 40 Each $0.00 18 12471686 Chevrolet SEAL;REAR AXLE SHAFT(11 TAHOE) 40 Each $0.00 19 12479031 Chevrolet BEARING;REAR WHEEL(11 TAHOE) 40 Each $0.00 20 12602540 Chevrolet PLUG;STEAM VENT 40 Each $0.00 Annual Total: $0.00 Percent Markup(%)off MSRP Catalog for This section will not be evaluated under Cost but will become part of the contract. Chevy OEM parts not listed above. % Information Only: The City of Round Rock reserves the right to order other products from the vendor-attached MSRP Catalog Part ll-Ford Parts No. Part Number Model/Brand Description Estimated Unit Unit Cost Extended Total Quantity 21 AU2Z-17V528-GA Ford BLADE;WIPER,22"(MOTORCRAFT) 700 Each $7.73 $5,411.00 22 3U2Z-1V125-AB Ford ROTOR;FRONT BRAKE(03-11 CROWN VICJ 500 Each $38.79 $19,395.00 23 XT-10-QLVC Ford ATF;DEX-MERC(LV)MOTORCRAFT 500 Each $5.01 $2,505.00 I 24 AA5Z-6714-B Ford FILTER;OIL('09-UP 3.5L,3.7L,5.OL,6.2L) 500 Each $3.32 $1,660.00 25 2L1Z-78101C38-AA Ford CAGE NUT;W/PLATE,FRAME MOUNT BOLT,F-550 500 Each $5.95 $2,975.00 26 FlAZ-6731-BE Ford FILTER;OIL(98-08 Crown Vic&More) 500 Each $2.62 $1,310.00 27 XO-5W30-01SP Ford OIL;5W30 QT SYNTH ETI C(MOTORCRAFT) 400 Each $4.18 $1,672.00 28 BXT-65-850 Ford BATTERY;65 SERIES 850CCA 400 Each $116.44 $46,576.00 29 AU2Z-17V528-EA Ford BLADE;WIPER,20"(MOTORCRAFT) 400 Each $7.73 $3,092.00 30 au2z-17v528-ja Ford BLADE;WIPER,26"(MOTORCRAFT) 300 Each $7.73 $2,319.00 31 XO-5W20-Q1SP 4 Ford OIL;5W20 SYNTHETIC MOTOR OIL 200 Each $4.43 $886.00 2of4 Attachment A-Bid Sheet OEM Parts for Ford and Chevrolet 1FB#120-009 Updated per Addendum 1 54 8G1Z-1012-A Ford NUT: LUG NUT 100 Each $5.55 $555.00 55 DG1Z-2001-F Ford PADS;FRONT BRAKE(15-16 EXPLORER) 100 Each $38.48 $3,848.00 56 W714852-S900 Ford BOLT;INTAKE.6.7L 101 Each $5.20 $525.20 57 BC3Z-6731-B Ford FILTER;OIL,ENGINE(FORD 6.7L) 100 Each $11.40 $1,140.00 58 GU2Z-17V528-L Ford BLADE;WIPER,18"(MOTORCRAFT) 100 Each $5.52 $552.00 59 VC-5DIL Ford COOLANT;50/50,PRE-MIX,UNIVERSAL,1 GAL 100 Each $11.72 $1,172.00 60 2C5Z-9155-BC Ford FILTER;FUEL('02-'09 F-150,250) 100 Each $10.22 $1,022.00 Annual Total: $129,548.00 Cost plus 4%on Ford Parts and Cost minus Percent Markup(%)off MSRP Catalog for 15%on Motorcraft WINS This section will not be evaluated under Cost but will become part of the contract. Ford OEM parts not listed above. eligible items. Information Only. The City of Round Rock reserves the right to order other products from the vendor-attached MSRP Catalog COMPANY NAME: Mac Haikrd Li coin SIGNATURE OF AUTHORIZED REPRESENTATIVE: PRINTED NAME: / Joel Gra PHONE NUMBER: 512-930-3673 EMAIL ADDRESS: 1gr2y2machaikfl.com 4of4 Attachment A-Bid Sheet OEM Parts for Ford and Chevrolet IFB#20-009 Updated per Addendum 1 32 SP-493 Ford PLUG;SPARK('03-UP 4.6L) 100 Each $2.17 $217.00 33 XO-5W30-5Q35P Ford OIL;5W30 5QT SYNTH OIL(MOTORCRAFT) 100 Each $19.92 $1,992.00 34 3W7Z-12029-AA Ford COIL;IGNITION('03-UP 4.6L)MOTORCRAFT 100 Each $29.42 $2,942.00 35 7C3Z-9601-C Ford FILTER;AIR(3.5L,3.7L,5.OL,5.4L,6.2L,6.8L 101 Each $9.80 $989.80 36 SP-526 Ford PLUG;SPARK('1 1 A F-250 6.2L) 100 Each $3.63 $363.00 37 7T4Z-9601-B Ford FILTER;AIR(3.7L)EDGE,TAURUS,EXPL 100 Each $9.80 $980.00 38 h153331 Ford MATS;FLOOR,FRONT,RUBR(15-18 PD EXPL)HSKY 100 Each $82.65 $8,265.00 39 XO-5W40-5Q3SD Ford OIL;5W40 5QT DIESEL SYNTH OIL(M-CRAFT) 100 Each $37.43 $3,743.00 40 VC-3-13 Ford COOLANT;FULL STRENGTH,MOTORCRAFT ORANGE 100 Each $17.43 $1,743.00 41 SP-520 Ford PLUG;SPARK(15 EXPLORER 3.71-FLEX FUEL) 100 Each $3.00 $300.00 f 42 be8z-6731-ac Ford FILTER;OIL(09-11 CROWN VIC)MOTORCRAFT 100 Each $2.78 $278.00 43 XO-5W20-5Q3SP Ford OIL;5W20 5QT SYNTH OIL(MOTORCRAFT) 100 Each $20.61 $2,061.00 44 7T4Z-9439-E Ford GASKET;'15-16 EXPLORER INTAKE MANI. 100 Each $2.58 $258.00 45 3U2Z-1S177-AA Ford SEAL;REAR AXLE(CROWN VIC) 100 Each $9.32 $932.00 46 3W1Z-1225-AA Ford BEAR ING;AXLE,REAR,OUTER(CROWN VIC) 100 Each $20.30 $2,030.00 47 2M5Z-9155-CA Ford FILTER;FUEL(CV,F-150,ETC) 100 Each $7.49 $749.00 48 BB5Z-17528-F Ford BLADE;WIPER,11"REAR('15 PD EXPLORER) 100 Each $9.66 $966.00 49 W300249-A Ford BOLT;REAR AXEL STRAP 100 Each $0.32 $32.00 f 50 XT-6-QSP I Ford FLUIDWERCON SP TRANSMISSION 100 Each $7.44 $744.00 51 41-3Z-1012-A I Ford LUG NUTS(11 EXPEDITION) 100 Each $5.72 $572.00 52 F5OZ-9601-BB Ford FILTER;AIR(F-150 4.2L,4.6L) 100 Each $9.80 $980.00 53 5L3Z-5C491-BA Ford BUSHING;STABILIZER LINK W/NUT 100 I Each $17.96 $1,796.00 3of4 City of Round Rock Exhibit "A" OEM Ford and Chevrolet Replacement Parts IFB 20-009 Class/Item:060-71;060-72 February 2020 ATTACHMENT B: REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IFB#20-009 RESPONDENT'S NAME: Mac Haik Ford Lincoln DATE: 02/28/2020 Provide the name, address, telephone number and E-MAIL of at least three (3)valid Municipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal. 1. Company's Name Texas Department of Transportation Name of Contact Tony Firkins Title of Contact Fleet Acquisition Team E-Mail Address Tony_FirkensCcDtxdot.gov Present Address 3500 Jacksin Ave.Bldg 10 City, State,Zip Code Austin,TX 78731 Telephone Number ( 512 ) 465-3648 Fax Number: ( 210 ) 615-5963 2. Company's Name Texas Department of Public Safety Name of Contact Bryan Williams Title of Contact Contract Specialist,Team 2 Procurement&Contract Services Infrastructure Operations division E-Mail Address Bryan.Williams(a)dps,texas.goy Present Address 5805 North Lamar,Bldg.A City, State, Zip Code Austin,TX 78752 Telephone Number ( 512 ) 424-5475 Fax Number: ( ) 3. Company's Name City of Georgetown Name of Contact Stan Hohman Title of Contact Shop Foreman E-Mail Address Stan.hohman(cDgeorQetown.org Present Address 300-2 Industrial City, State, Zip Code Georgetown, 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. Pa0e 12 of 12 Exhibit "A" ROUND ROCK TEXAS Punot WoOMiION ADDENDUM CITY OF ROUND ROCK,TEXAS Solicitation: IFB 20-008 Addendum No: 2 Date of Addendum: March 18,2020 This addendum is to incorporate the following changes to the above referenced solicitation: I. Extension:The proposal due date is hereby extended until Tuesday, April 7, 2020 at 3:00 PM CST, II. Add Contact:The Authorized Contact for contractual and technical issues has been added as follows: Authorized Contact: Cheryl Kaufman Purchasing Supervisor 512-218-5417 ckaufmaRQrq4rjftpqKtqXqL.goy III. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. APPROVED BY: A March 18,2020 Cheryl Kauf an, Puri sing Supervisor Purchasing Office, 512-'218-5417 By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACKIOWLEDGEDIv Y' /Z-3 Z05�jW� ry r4 t �' Name Luo ignature Date RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. Exhibit "A" P ROUND ROCK TEXAS Pulm"XSING UMSION ADDENDUM CITY OF ROUND ROCK, TEXAS Solicitation: 20-009 Addendum No: 1 Date of Addendum: 2/24/2020 This addendum is to incorporate the following changes to the above referenced solicitation: L Questions: Q.1 Line #56. Part#.W714852.S901 is not a valid part number. Can we verify the number please? Al. Line#56 the correct Part Number is W714852-5900 II. Clarifications: Part number W714852.S901 has been updated to reflect part number W714852-S900 on Attachment A- Bid Sheet. Ill. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. APPROVED BY: 4j 2/24/2020 Amanda Crowell, Purchasing Technician Purchasing Office, 512-218-5458 By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED BY: Name A �} rized��ign (ur Date t J RETURN ONE SIGNED COPY OF THIS ADDEN4UM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. FORM 1295 INSTRUCTIONS Pursuant to newly enacted Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties to the local governmental prior to the execution of the contract. The Texas Ethics Commission(TEC)has adopted a form for the disclosure of interested parties (Form 1295) and has created a website application for business entities to submit the required information. The City of Round Rock may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the City Clerk The instructions to complete Form 1295 and file it with the City Clerk are as follows: 1. Upon being notified of a bid award, the award recipient ("business entity") must go to the following website: littps://www.ethics.state.tx.us/wliatsiiew/elf info fform1295.1itm and follow the login directions on the website application to complete a Form 1295. If this is a business entity's first time logging on to the website application, the business entity must create a login Username and Password and then follow the application's instructions to complete a Form 1295. 2. The City does not have a Contract ID Number System. Please insert 000000 and the project name in this box. 3. Even if a business entity has no interested parties, Form 1295 still must be completed using the website application and filed with the City Clerk. 4. Once confirmation is received that the information has been submitted,the business entity MUST print and sign the completed Form 1295. 5. The signed Form 1295 must be filed with the Clerk of the City of Round Rock prior to the City Council approving the contract. The signed Form 1295 should be scanned and e- mailed directly to the City clerk at swhite a(),roundrocktexas.gov. 6. Once the City Clerk receives the signed Form 1295, the City Clerk will submit confirmation of receipt through the TEC website application within thirty (30) days of the filing of Form 1295 by the business entity. 7. This process must be followed for each contract a business entity enters into with the City of Round Rock including Supplementals and Change Orders. 8. A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. 9. If you have any questions regarding the process of filing of Form 1295,please contact: Sara White, City Clerk 221 East Main Street Round Rock,Texas 78664 Phone: (512)218-5404 Fax: (512)218-7097 E-mail: swhite a roundrocktexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-609877 Mac Haik Ford Lincoln LTD Georgetown,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/21/2020 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 20-009 Automotive parts, chemicals and accessories. Nature of interest 4 Cit y(p ) ( applicable) Name of Interested Party y,State,Country lace of business check a licable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is �V, and my date of birth is ft)U. r t l I �2&4 My address is � � Zc,yG V" A �Q�1✓� �4G� 1 � (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of 1��as on the day of rj I 20� (month) (year) gn t e of aut orized ge of�C tracting business entity (Decl an- Forms provided by Texas Ethics Commission www.et c .state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 12J5 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING .................. 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-609877 Mac Haik Ford Lincoln LTD Georgetown,TX United States Date Filed: Name of governmental entity or state agency that is a party to the contract for Fvfiicfi t e form is 04/21/2020 being filed. City of Round Rock Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 20-009 Automotive parts,chemicals and accessories. Nature of interest 4 Name of interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION MY name is J C'e '�� and my date of birth is � .. ! w _ _ - ..... ,_ My address is - "" ql (street) � (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. 1 ••�' h Executed in County, State of on the. day of 20 .. (month) (year) r na zr jut ed agent pt'contractir business entity (Declarane, Forms provided by Texas Ethics Commission www.ethics.s tx.us Version V1.1.3a6aafi7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-609877 Mac Haik Ford Lincoln LTD Georgetown, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/21/2020 being filed. City of Round Rock Date Acknowledged: 05/01/2020 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 20-009 Automotive parts, chemicals and accessories. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d