R-06-06-22-10A1 - 6/22/2006RESOLUTION NO. R -06-06-22-10A1
WHEREAS, the City of Rock has duly advertised for bids for
automotive parts and batteries for the City, and
WHEREAS, Arnold Oil Company of Austin has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Arnold Oil
Company of Austin , 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 Automotive Parts and
Batteries with Arnold Oil Company of Austin, 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 22nd day of June, 2006.
AL .P PJ mc. GEA W , Mayor PRO-TErr
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secreta
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CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
AUTOMOTIVE PARTS AND BATTERIES FROM
ARNOLD OIL COMPANY OF AUSTIN
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That this Agreement for Purchase of Automotive Parts and Batteries (referred to herein as
the "Agreement") is made and entered into on this the day of the month of
, 2006, 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 ARNOLD OIL COMPANY OF AUSTIN, whose offices
are located at 1617 East 6th Street, Austin, Texas 78702 (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 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 06-016, and
00098064/jkg
EXHIBIT
Specification Number 03-060-00-01 revised January 2006; (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 Arnold Oil Company of Austin, 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.
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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. 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 06-
016, Specification Number 03-060-00-01 revised January 2006, 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 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.
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.
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7.01 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.
8.01 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 a late fee of one percent (1%) for payments not made in accordance
with this Prompt Payment Policy; 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 concerning the supplies,
materials, or equipment delivered or the services performed which causes 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 any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which 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.
9.01 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.
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10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 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.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 06-016
and its bid response.
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Todd Keltgen
Public Works Operations Manager
2008 Enterprise Drive
Round Rock, Texas 78664
512-218-5583
14.01 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.
15.01 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:
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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.
16.01 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.
17.01 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.
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18.01 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.
19.01 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.
20.01 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:
Arnold Oil Company of Austin
1617 East 6th Street
Austin, TX 78702
Notice to City:
James Nuse, 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.
21.01 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
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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.
22.01 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.
23.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
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.
24.01 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.
25.01 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.
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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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS ATTEST:
By:
Nyle Maxwell, Mayor Christine R. Martinez, City Secretary
Date Signed:
FOR CITY, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
Date Signed:
ARNOLD OIL COMPANY OF AUSTIN
B
T1MPi.J co -
ate Signed: 20 - oL
9
Date Signed:
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Vehicle Maintenance
901 Luther Peterson
Round Rock, TX 7
INVITATION FOR BID (IFB;
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE &
81D NUMBER IN LOWER LEFT
HAND CORNER OF SEALED BID
ENVELOPE & SHOW RETURN
ADDRESS OF BIDDING FIRM.
co 60328 -i
BIDDING INFORMATION:
BID NUMBER
AUTOMOTIVE PARTS
06-016
2/21/2006 at 3:00 P.M.
221 E. Main Street, Council
Chambers, Round Rock, TX
778664
OPENING DATE:
BID LOCATION:
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
Authorized Signature
Date
Print Name
See 1.7 of Bidding Instructions on page 2
TAX ID NO.:
LEGAL BUSINESS NAME:
ADDRESS:
ADDRESS:
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE:
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, 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 bid made to any competitor or any
other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for an agreement for five 12 -month periods with two 12 -month renewal periods for automotive repair and mantenance
parts in accordance with specification No. 03-060-00-01, revised January 2005 (5 pgs)
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is
made or implied. The City will only order the amount needed to satisfy operating requirements. Note: The City estimates order
quantities to increase around 25% per every 12 -month period.
CURRENT JOBBER'S LIST SHALL BE INCLUDED WITH RESPONSES. FAILURE TO COMPLY SHALL DISQUALIFY BID
FROM AWARD.
Bid Sheet
EXHIBIT
NAN
Pana 1 of 17
0060328
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
CITY OF ROUND ROCK
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
AUTOMOTIVE PARTS AND BATTERIES
PART I
GENERAL
1. PURPOSE: The City seeks a multi-year contract for the supply and delivery of various automotive
maintenance and repair parts for the City's fleet. These specifications shall become part of the resulting
contract.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and
bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.2. City — Identifies the City of Round Rock, Travis and Williamson County, Texas.
2.3. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Bidder,
becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an
agreed upon price.
2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a
Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Vendor's obligations arising from a contract with the City.
3. CLARIFICATION: For clarification of specification, bidders may contact:
Carolyn Brooks, CPPB
Purchasing Division
(512) 218-5457
cmb218@round-rock.tx.us
The individual listed above may be contacted by telephone, e-mail, or visited for clarification of the
specifications only. No Authority is intended or implied that specifications may be amended or alterations
accepted prior to bid opening without written approval of the City through the Purchasing Division.
4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code
(House Bill 914) requires that any vendor or person considering doing business with a local government
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of
interest with a local government entity. The Conflict of Interest Questionnaire form is available from the
Page 1 of 10
CO0 828
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may
be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
Christine Martinez, City Secretary
221 East Main Street
Round Rock, Texas 78664
4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
PART II
GENERAL CLAUSES AND CONDITIONS
1. GOODS: The good(s) furnished under this specification shall be the latest improved model in current
production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder
represents that all equipment offered under this specification shall be new. USED, SHOPWORN,
DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
1.1 Bidder should submit with their bid, the latest printed literature and detailed specification on goods the
bidder proposes to furnish.
1.2 The unit shall be completely assembled and adjusted, and all equipment including standard and
supplemental shall be installed and the unit made ready for continuous operation.
1.3 All parts not specifically mentioned that are necessary for the unit to be complete and ready for
operation, or which are normally furnished as standard equipment, shall be furnished by the
contractor. All parts shall conform in strength, quality and workmanship to the accepted standards of
the industry.
1.4 The unit provided shall meet or exceed all federal and State of Texas safety, health, lighting and noise
regulations and standards in effect and applicable to equipment furnished at the time of manufacture.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate attachment
to the bid. The sheet shall be labeled as such.
3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest
revision standards, technically equivalent to the American National Standards Institute/American Society for
Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these
standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position
that the total quality management concepts contained within these standards can result in reduced production
costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should
note that future revisions to this specification might require ISO certification.
4. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements for
possible inclusion in future revisions of this specification are encouraged.
5. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
6. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
Page 2 of 10
;0 r� F 1;
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
7. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use,
or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall constitute grounds for termination of the service.
8. BID EVALUATION: AU bids received shall be evaluated based on the best value for the City. Best value will be
determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in
the solicitation.
8.1 Bid price
8.2 Reputation of the bidder and of bidder's goods and services.
8.3 The quality of the bidder's goods or services.
8.4 The extent to which the goods or services meet the City's needs
8.5 Bidder's past relationship with the City. All vendors will be evaluated on their past performance and
prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality,
poor workmanship, late delivery.
8.6 The total long-term cost to the Municipality to acquire the bidder's goods or services.
9. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official
or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in
order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid.
Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award
of the bid then in evaluation, or any future bid.
10. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the resulting agreement, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing
laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its
compliance.
11. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes
the City to purchase the services elsewhere may be charged the difference in service if any and shall not be
considered in the re -advertisement of the service and may not be considered in future bids for the same type
of work unless the scope of work is significantly changed.
12. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National State and Local
standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as
other authorities that have jurisdiction pertaining to equipment and materials used and their application. None
of the terms or provisions of the specification shall be construed as waiving any rules, regulations or
requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary
permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be
waived).
13. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting
agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants
and employees.
14. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the
contract or purchase order resulting from a response to this bid/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 this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors.
Page 3 of 10
14.1 Certificates of Insurance and endorsements shall be furnished to
before work commences.
14.2 The following standard insurance policies shall be required:
14.2.1 General Liability Policy
14.2.2 Automobile Liability Policy
14.2.3 Worker's Compensation Policy
14.3 The following general requirements are applicable to all policies:
14.3.1 Only insurance companies licensed and admitted to do business in the State of Texas shall
be accepted.
14.3.2 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
14.3.3 Claims made policies shall not be accepted, except for Professional Liability Insurance.
14.3.4 Upon request, certified copies of all insurance policies shall be furnished to the City
14.3.5 Policies shall include, but not be limited to, the following minimum limits:
14.3.5.1 Minimum Bodily Injury Limits of $300,000.00 per occurrence.
14.3.5.1.1 Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
CO 6 0 3 2 8
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
the City and approved by the City
14.3.5.1.2 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.
14.3.5.1.3 Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
14.3.6 Coverage shall be maintained for two years minimum after the termination of the Contract.
14.4 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 bid specification and the insurance endorsements stated below.
14.5 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:
14.5.1 Provide for an additional insurance endorsement clause declaring the Vendor's insurance
as primary.
14.5.2 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.
14.5.3 Provide thirty days notice to the City of cancellation, non -renewal, or material changes
14.5.4 Remove all language on the certificate of insurance indicating:
14.5.4.1That the insurance company or agent/broker shall endeavor to notify the City; and,
14.5.4.2Failure to do so shall impose no obligation of liability of any kind upon the company,
its agents, or representatives.
14.5.5 Provide for notice to the City at the addresses listed below by registered mail:
Page 4 of 10
C0 60
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
2E
14.5.5.1.1 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.
14.5.6 Provide that all provisions of this contract 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.
14.5.7 All copies of the Certificate of Insurance shall reference the project name, bid number or
purchase order number for which the insurance is being supplied.
14.5.8 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.
14.5.9 All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
14.6 Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Vendor
shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in
the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance
company relieve the Vendor from liability.
14.7 If the Vendor employs, contracts with or otherwise permits any other individual or entity to perform
any of the obligations of the Vendor, then any and all of these individual or entities shall be bound by
the same insurance requirements as the successful bidder.
15. WORKERS COMPENSATION INSURANCE: 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.
15.1 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.
15.2 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.
15.3 Persons providing services on the project ("subcontractorjin 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 -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.
15.4 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.
15.5 The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
Page 5 of 10
? 0 60 328
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
15.6 If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the
duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new
certificate of coverage with the OWNER showing that coverage has been extended.
15.7 The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
15.7.1 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
15.7.2 no later than seven 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.
15.8 The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
15.9 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 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.
15.10 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.
15.11 The CONTRACTOR shall contractually require each person with whom it contracts to provide services
on a project, to:
15.11.1 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;
15.11.2 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;
15.11.3 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;
15.11.4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
15.11.4.1.1 a certificate of coverage, prior to the other person beginning work on the
project; and
15.11.4.1.2 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
15.12 retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
15.12.1 notify the OWNER in writing by certified mail or personal delivery, within 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
15.12.2 contractually require each person with whom it contracts, to perform as required by
paragraphs (A thru G), with the certificates of coverage to be provided to the person
for whom they are providing services.
15.12.3 By signing the solicitation associated with this 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
Page 6 of 10
C060328
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
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.
15.12.4 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 contract void if the Contractor
does not remedy the breach within ten calendar days after receipt of notice of breach
from the owner.
16. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At
the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
17. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
18. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from
time to time may have in force and effect.
19. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City
Manager reserves the right to:
19.1 Renew the Agreement for two additional periods of time not to exceed twelve months for each
renewal provided bother parties agree.
19.2 Review the following at the end of each twelve-month review period or renewal:
19.2.1 Vendor performance
19.2.2 Price
19.2.3 Continuing need
19.2.4 Advancements in technologies and or service
19.3 The City may terminate the Agreement with or without cause or may continue through the next
twelve-month review or renewal period.
20. PRICE: The contract price bid shall be firm for the duration of the contact or extension periods except as
provided for in paragraph below. No separate line item charges shall be permitted for either bidding or invoice
purposes, which shall include equipment rental, demurrage, cost associated with obtaining permits or any
other extraneous charges.
21. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by the Vendor in writing and
accompanied with the appropriate documentation to justify the increase. Upon the City approval, the price
increase shall become effective 30 days from the date of the acceptance letter from the City.
21.1 The vendor shall provide to the City any price reduction announced during the initial contract or any
extension period. The price reduction should be in writing and shall become effective 30 days from
the date the notice was received by the City.
21.2 The Vendor may offer price decreases in excess of the announced reduction and at any time during
the contract or extension periods.
22. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum
or maximum purchase is made or implied. The City will only order the quantity of goods and or services
needed to satisfy operating requirements, which may be more or less than indicated.
Page 7 of 10
060328
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
23. 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.
24. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability
that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without
penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.
PART III
SPECIFICATIONS
1. SCOPE: This specification describes automotive repair and maintenance parts for compact to medium -duty,
heavy-duty (1 -ton and above) and batteries to include (one hour in most cases) same day delivery and
availability to deliver in quantities and packaging specified.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the specific
automotive parts, as well as certain details to which the successful bidder shall conform. Bidders shall be
responsible for furnishing and delivering goods that meet or exceed all of the requirements as set forth
herein, as well as provide equipment that is designed for the intended application.
3. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
3.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
3.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
3.3 Provide references to include the name, address, telephone number and point of contract of at least
three entities for which the bidder has performed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
3.4 Provide quality control data and a minimum of three references (client name and telephone number)
from current product users for product integrity.
3.5 The City reserves the right before recommending any award to inspect the facilities and organization;
or to take any other action necessary to determine ability to perform is satisfactory and reject bids
where evidence submitted or investigation and evaluation indicates an inability of the bidder to
perform.
3.6 Identify any subcontractors to be used for this project. Experience, qualifications and references of
the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
4. CONFIDENTIALITY OF CONTENT: All bids submitted in response to this IFB shall be held confidential until
a contract is awarded. Following the contract award, proposals are subject to release as public information
unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act.
Bidder are advised to consult with their legal counsel regarding disclosure issues and take the appropriate
precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation
or responsibility for asserting legal arguments on behalf of potential bidders.
4.1 If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The
Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the
Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be
Page 8 of 10
00608
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
accepted. All bid and parts of bids that are not marked as confidential will be automatically considered
public information after the contract is awarded.
5. UNIT PRICE: The unit price shall be the listed jobbers price plus or minus a percentage (%). A copy of the
published jobber's price list shall be attached to the bid form. The City will permit "unit price" adjustments
upwardly or downwardly when the jobber's price list is furnished along with the request for adjustment;
however, voluntary downwardly adjustments by the contractor may be allowed without an industry wide
decrease.
6. MATERIAL SAFETY DATA SHEET (MSDS): Bidders shall provide the City with MSDS on all applicable
materials bid in accordance with all Federal, State and local laws, regulations, statues and ordinances.
7. BATTERY: shall be Original Equipment Manufacturer (OEM) or equal. The City reserves the exclusive right
to determine the equivalency of any battery. All batteries shall meet or exceed the following:
7.1 Cold cranking performance rating determined by high rate discharge load amperes of a new, fully
charged battery at 0°F (-17.8°C) can continuously deliver for 30 seconds and maintain terminal
voltage equal to or higher than 1.20 volts.
7.2 A reserve capacity rating defined as the number of minutes, which a new, fully charged battery at 80°F
(26.7°C) can be continuously discharged at 25 amperes and maintain a terminal voltage equal to or
higher than 1.75 volts per cell.
7.3 Have the graphic and written warning messages placed on the battery in compliance with Rule #16
CFR Part 1500, for use on lead -acid batteries and acid packages under five (5) gallons.
7.4 Be life tested in accordance with SAE Standard J240 dated June 1993 or latest revision thereof.
8. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the
City representative(s) noted below.
Gabriel Apodaca — Parts Specialist (512) 218-5567
PART IV
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Unless noted on the solicitation, all shipments shall be FOB Destination our dock and received
between the hours of 8:OOAM and 4:OOPM, Monday through Friday, within one hour after verbal or faxed
request against an established blanket purchase order from the City. All deliveries shall be coordinated
through City's representative. NOTE: additional charges for standard delivery will not be allowed.
Delivery Location:
The City Shop
901 Luther Peterson
Round Rock, TX 78664
1.1 Special order parts may have variable delivery and shipping charges.
2. ACCEPTANCE: Acceptance inspection should not take more than three working days. The vendor will be
notified within this time frame if the unit delivered is not in full compliance with the specifications. If any
purchase order is canceled for a unit for non-acceptance, the needed equipment may be purchased
elsewhere and the vendor may be charged full increase, if any, in cost and handling.
3. INVOICING: Vendor shall submit one original and three copies of each invoice on a monthly basis to the
following address:
City of Round Rock
Finance Department
221 East Main Street
Page 9 of 10
C0 60328
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
Round Rock, TX78664-5299
4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives 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:
4.1 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
4.2 The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3 There 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
4.4 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.
5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq.
Page 10 of 10
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Vehicle Maintenance
901 Luther Peterson
Round Rock, TX 7
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFF__
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE i
BID NUMBER IN LOWER LEFT
FUND CORNER OF SEALED BID
ENVELOPE & SHOW RETURN
ADDRESS OF BIDDING FIRM.
BIDDING INFORMATION:
AUTOMOTIVE PARTS
BID NUMBER 06-016
OPENING DATE: 2/21/2006 at 3:00 P.M.
BID LOCATION: 221 E. Main Street, Council
Chambers, Round Rock, TX
778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
��-- 2 20.0(0
No-oznaroos".._)
Date
Print Name
See 1.7 of Bidding Instructions on page 2
TAX ID NO.: 2p O A qo tkt-k(0
LEGAL BUSINESS NAME: gra/ to/64AtAy Cr(jkikij
/4/7 Z714 si` fi
ADDRESS: /11(5f/ t7c Z_
ADDRESS:
CONTACT: I/'
Atzesef7
TELEPHONE NO.: S702 " 9Ss _ 3(D J
BUSINESS ENTITY TYPE: j91,76, Va1we
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, 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 bid made to any competitor or any
other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for an agreement for five 12 -month periods with two 12 -month renewal periods for automotive repair and mantenance
parts in accordance with specification No. 03-060-00-01, revised January 2005 (10 pgs)
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is
made or implied. The City will only order the amount needed to satisfy operating requirements.
CURRENT JOBBER'S LIST SHALL BE INCLUDED WITH RESPONSES. FAILURE TO COMPLY SHALL DISQUALIFY BID
FROM AWARD.
Bid Sheet
Page 1 of 13
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Bid Opening:
BID # 06-016 - AUTO PARTS
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Interoffice memo
Date: March 28, 2006
To: Tom Martin, Todd Keltgen, Joe Rendon, and Gabe Apodaca
Cc: Ric Bowden, Randy Barker and Howard Baker
From: Carolyn Brooks
RE: Recommendation For Award — Automotive Parts and Batteries
The Purchasing Division recommends the following bidder for award of an agreement to provide
automotive and light-duty parts and batteries for the repair and maintenance of the City's fleet in
accordance with the Best Value Evaluation Process
Representatives from user department agree that the bid received from Arnold Oil (A -Line Auto Parts)
is the best value for the City in accordance with the attached evaluation.
Solicitation Information:
IFB # 06-016 BOD: Feb. 21, 2006
Automotive Parts & Batteries
Heavy-duty vehicle and equipment parts will not be awarded at this time, as only one bid was received
for these items and the team determined that re -bidding with revised specification would benefit the
City best.
Six bids were received from the forty-one bidders solicited including fourteen HUB's. No HUB
responded.
CMB/s
Attachments
CC: File
DATE: June 16, 2006
SUBJECT: City Council Meeting - June 22, 2006
ITEM: 10.A.1. Consider a resolution authorizing the Mayor to execute an
Agreement for Purchase of Automotive Parts and Batteries from
Arnold Oil Company of Austin.
Department: Transportation Services
Staff Person: Tom Martin, P. E., Director
Justification:
This proposed contract will provide automotive parts and batteries for citywide vehicle
maintenance over a period of one year with the option for five - 1 -year renewal periods.
Funding:
Cost:
Source of Funds:
$110,000.00
General and Utility Funds
Outside Resources: N/A
Background Information:
Arnold Oil Company of Austin has provided automotive parts and batteries for City vehicles for
approximately 7 years.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
AUTOMOTIVE PARTS AND BATTERIES FROM
ARNOLD OIL COMPANY OF AUSTIN
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
§ KNOW ALL BY THESE PRESENTS:
That this Agreement for Purchase of Automotive Parts and atteries (referred to herein as
the "Agreement") is made and entered into on this thea day of the month of
, 2006, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule
mu11cipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664
(referred to herein as the "City"), and ARNOLD OIL COMPANY OF AUSTIN, whose offices
are located at 1617 East 6th Street, Austin, Texas 78702 (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 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 06-016, and
00098064/jkg
R•010 -010 -aa. 10q1
Specification Number 03-060-00-01 revised January 2006; (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 Arnold Oil Company of Austin, 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.
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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. 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 06-
016, Specification Number 03-060-00-01 revised January 2006, 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 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.
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.
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7.01 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.
8.01 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 a late fee of one percent (1 %) for payments not made in accordance
with this Prompt Payment Policy; 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 concerning the supplies,
materials, or equipment delivered or the services performed which causes 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 any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which 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.
9.01 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.
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10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 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.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 06-016
and its bid response.
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Todd Keltgen
Public Works Operations Manager
2008 Enterprise Drive
Round Rock, Texas 78664
512-218-5583
14.01 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.
15.01 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:
5
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.
16.01 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.
17.01 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.
6
18.01 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.
19.01 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.
20.01 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:
Arnold Oil Company of Austin
1617 East 6th Street
Austin, TX 78702
Notice to City:
James Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
AND TO: 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.
21.01 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
7
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.
22.01 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.
23.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
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.
24.01 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.
25.01 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.
8
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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF RQUND ROCK, TEXAS ATTEST:
Q)thvR.
Christine R. Martinez, Citx Secretary
Date Signed:
By:
R LAN tite,gA , Mayor Pao-rom
Date Signed: Co -aa-O(..0
FOR I Y, APPROVE AS TO FORM:
N
Stephan i . Sheets, City ttorney
Date Sig ed: 1.01,2G2
ARNOLD OIL COMPANY OF AUSTIN
By:
tle: sf,4 iv\ is .,-
Date Signed: ‘1--2.0 — p 1p
9
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Vehicle Maintenance
901 Luther Peterson
Round Rock, TX 7
INVITATION FOR BID (IFB;
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE &
BID NUMBER IN LOWER LEFT
HAND CORNER OF SEALED BID
ENVELOPE & SHOW RETURN
ADDRESS OF BIDDING FIRM.
0060328-1
BIDDING INFORMATION:
AUTOMOTIVE PARTS
06-016
2/21/2006 at 3:00 P.M.
221 E. Main Street, Council
Chambers, Round Rock, TX
778664
BID NUMBER
OPENING DATE:
BID LOCATION:
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
)3IDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
Authorized Signature
Date
Print Name
See 1.7 of Bidding Instructions on page 2
TAX ID NO.:
LEGAL BUSINESS NAME:
ADDRESS:
ADDRESS:
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE:
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, 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 bid made to any competitor or any
other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for an agreement for five 12 -month periods with two 12 -month renewal periods for automotive repair and mantenance
parts in accordance with specification No. 03-060-00-01, revised January 2005 (5 pgs)
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is
made or implied. The City will only order the amount needed to satisfy operating requirements. Note: The City estimates order
quantities to increase around 25% per every 12 -month period.
CURRENT JOBBER'S LIST SHALL BE INCLUDED WITH RESPONSES. FAILURE TO COMPLY SHALL DISQUALIFY BID
FROM AWARD.
Bid Sheet
Page 1 of 12
c0 60328 -1
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
CITY OF ROUND ROCK
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
AUTOMOTIVE PARTS AND BATTERIES
PART I
GENERAL
1. PURPOSE: The City seeks a multi-year contract for the supply and delivery of various automotive
maintenance and repair parts for the City's fleet. These specifications shall become part of the resulting
contract.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and
bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.2. City— Identifies the City of Round Rock, Travis and Williamson County, Texas.
23. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Bidder,
becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an
agreed upon price.
2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a
Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Vendor's obligations arising from a contract with the City.
3. CLARIFICATION: For clarification of specification, bidders may contact:
Carolyn Brooks, CPPB
Purchasing Division
(512) 218-5457
cm b218@round-rock.tx.us
The individual listed above may be contacted by telephone, e-mail, or visited for clarification of the
specifications only. No Authority is intended or implied that specifications may be amended or alterations
accepted prior to bid opening without written approval of the City through the Purchasing Division.
4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code
(House Bill 914) requires that any vendor or person considering doing business with a local government
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of
interest with a local government entity. The Conflict of Interest Questionnaire form is available from the
Page 1 of 10
CO 60328 —i
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may
be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
Christine Martinez, City Secretary
221 East Main Street
Round Rock, Texas 78664
4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
PART II
GENERAL CLAUSES AND CONDITIONS
1. GOODS: The good(s) furnished under this specification shall be the latest improved model in current
production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder
represents that all equipment offered under this specification shall be new. USED, SHOPWORN,
DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
1.1 Bidder should submit with their bid, the latest printed literature and detailed specification on goods the
bidder proposes to furnish.
1.2 The unit shall be completely assembled and adjusted, and all equipment including standard and
supplemental shall be installed and the unit made ready for continuous operation.
1.3 All parts not specifically mentioned that are necessary for the unit to be complete and ready for
operation, or which are normally furnished as standard equipment, shall be furnished by the
contractor. All parts shall conform in strength, quality and workmanship to the accepted standards of
the industry.
1.4 The unit provided shall meet or exceed all federal and State of Texas safety, health, lighting and noise
regulations and standards in effect and applicable to equipment furnished at the time of manufacture.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate attachment
to the bid. The sheet shall be labeled as such.
3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest
revision standards, technically equivalent to the American National Standards Institute/American Society for
Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these
standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position
that the total quality management concepts contained within these standards can result in reduced production
costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should
note that future revisions to this specification might require ISO certification.
4. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements for
possible inclusion in future revisions of this specification are encouraged.
5. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
6. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
Page 2 of 10
CO 60328 1
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
7. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use,
or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall constitute grounds for termination of the service.
8. BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be
determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in
the solicitation.
8.1 Bid price
8.2 Reputation of the bidder and of bidder's goods and services.
8.3 The quality of the bidder's goods or services.
8.4 The extent to which the goods or services meet the City's needs
8.5
Bidder's past relationship with the City. All vendors will be evaluated on their past performance and
prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality,
poor workmanship, late delivery.
8.6 The total long-term cost to the Municipality to acquire the bidder's goods or services.
9. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official
or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in
order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid.
Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award
of the bid then in evaluation, or any future bid.
10. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the resulting agreement, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing
laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its
compliance.
11. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes
the City to purchase the services elsewhere may be charged the difference in service if any and shall not be
considered in the re -advertisement of the service and may not be considered in future bids for the same type
of work unless the scope of work is significantly changed.
12. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National State and Local
standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as
other authorities that have jurisdiction pertaining to equipment and materials used and their application. None
of the terms or provisions of the specification shall be construed as waiving any rules, regulations or
requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary
permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be
waived).
13. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting
agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants
and employees.
14. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the
contract or purchase order resulting from a response to this bid/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 this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors.
Page 3 of 10
14.1 Certificates of Insurance and endorsements shall be furnished to
before work commences.
14.2 The following standard insurance policies shall be required:
14.2.1 General Liability Policy
14.2.2 Automobile Liability Policy
14.2.3 Worker's Compensation Policy
14.3 The following general requirements are applicable to all policies:
14.3.1 Only insurance companies licensed and admitted to do business in the State of Texas shall
be accepted.
14.3.2 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
14.3.3 Claims made policies shall not be accepted, except for Professional Liability Insura
14.3.4 Upon request, certified copies of all insurance policies shall be furnished to the City
14.3.5 Policies shall include, but not be limited to, the following minimum limits:
14.3.5.1 Minimum Bodily Injury Limits of $300,000.00 per occurrence.
14.3.5.1.1 Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
0060328
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
the City and approved by the City
nce.
14.3.5.1.2 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.
14.3.5.1.3 Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
14.3.6 Coverage shall be maintained for two years minimum after the termination of the Contract.
14.4 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 bid specification and the insurance endorsements stated below.
14.5 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:
14.5.1 Provide for an additional insurance endorsement clause declaring the Vendor's insurance
as primary.
14.5.2 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.
14.5.3 Provide thirty days notice to the City of cancellation, non -renewal, or material changes
14.5.4 Remove all language on the certificate of insurance indicating:
14.5.4.1That the insurance company or agent/broker shall endeavor to notify the City; and,
14.5.4.2Failure to do so shall impose no obligation of liability of any kind upon the company,
its agents, or representatives.
14.5.5 Provide for notice to the City at the addresses listed below by registered mail:
Page 4 of 10
CQ 60328 -1
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
14.5.5.1.1 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.
14.5.6 Provide that all provisions of this contract 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.
14.5.7 All copies of the Certificate of Insurance shall reference the project name, bid number or
purchase order number for which the insurance is being supplied.
14.5.8 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.
14.5.9 All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
14.6 Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Vendor
shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in
the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance
company relieve the Vendor from liability.
14.7 If the Vendor employs, contracts with or otherwise permits any other individual or entity to perform
any of the obligations of the Vendor, then any and all of these individual or entities shall be bound by
the same insurance requirements as the successful bidder.
15. WORKERS COMPENSATION INSURANCE: 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.
15.1 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.
15.2 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.
15.3 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 -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.
15.4 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.
15.5 The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
Page 5 of 10
CQ60328-1
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
15.6 If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the
duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new
certificate of coverage with the OWNER showing that coverage has been extended.
15.7 The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
15.7.1
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
15.7.2 no later than seven 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.
15.8 The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
15.9 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 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.
15.10 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.
15.11 The CONTRACTOR shall contractually require each person with whom it contracts to provide services
on a project, to:
15.11.1 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;
15.11.2 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;
15.11.3 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;
15.11.4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
15.11.4.1.1 a certificate of coverage, prior to the other person beginning work on the
project; and
15.11.41.2 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
15.12 retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
15.12.1 notify the OWNER in writing by certified mail or personal delivery, within 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
15.12.2 contractually require each person with whom it contracts, to perform as required by
paragraphs (A thru G), with the certificates of coverage to be provided to the person
for whom they are providing services.
15.12.3 By signing the solicitation associated with this 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
Page 6 of 10
CQ60328-
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
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.
15.12.4 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 contract void if the Contractor
does not remedy the breach within ten calendar days after receipt of notice of breach
from the owner.
16. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At
the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
17. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
18. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from
time to time may have in force and effect.
19. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City
Manager reserves the right to:
19.1 Renew the Agreement for two additional periods of time not to exceed twelve months for each
renewal provided bother parties agree.
19.2 Review the following at the end of each twelve-month review period or renewal:
19.2.1 Vendor performance
19.2.2 Price
19.2.3 Continuing need
19.2.4 Advancements in technologies and or service
19.3 The City may terminate the Agreement with or without cause or may continue through the next
twelve-month review or renewal period.
20. PRICE: The contract price bid shall be firm for the duration of the contact or extension periods except as
provided for in paragraph below. No separate line item charges shall be permitted for either bidding or invoice
purposes, which shall include equipment rental, demurrage, cost associated with obtaining permits or any
other extraneous charges.
21. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
htte://stats.bls.gov/Dpi/home.htm. Any price increase shall be requested by the Vendor in writing and
accompanied with the appropriate documentation to justify the increase. Upon the City approval, the price
increase shall become effective 30 days from the date of the acceptance letter from the City.
21.1 The vendor shall provide to the City any price reduction announced during the initial contract or any
extension period. The price reduction should be in writing and shall become effective 30 days from
the date the notice was received by the City.
21.2 The Vendor may offer price decreases in excess of the announced reduction and at any time during
the contract or extension periods.
22. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum
or maximum purchase is made or implied. The City will only order the quantity of goods and or services
needed to satisfy operating requirements, which may be more or less than indicated.
Page 7 of 10
C060328-1
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
23. 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.
24. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability
that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without
penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.
PART III
SPECIFICATIONS
1. SCOPE: This specification describes automotive repair and maintenance parts for compact to medium -duty,
heavy-duty (1 -ton and above) and batteries to include (one hour in most cases) same day delivery and
availability to deliver in quantities and packaging specified.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the specific
automotive parts, as well as certain details to which the successful bidder shall conform. Bidders shall be
responsible for furnishing and delivering goods that meet or exceed all of the requirements as set forth
herein, as well as provide equipment that is designed for the intended application.
3. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
3.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
3.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
3.3 Provide references to include the name, address, telephone number and point of contract of at least
three entities for which the bidder has performed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
3.4 Provide quality control data and a minimum of three references (client name and telephone number)
from current product users for product integrity.
3.5 The City reserves the right before recommending any award to inspect the facilities and organization;
or to take any other action necessary to determine ability to perform is satisfactory and reject bids
where evidence submitted or investigation and evaluation indicates an inability of the bidder to
perform.
3.6 Identify any subcontractors to be used for this project. Experience, qualifications and references of
the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
4. CONFIDENTIALITY OF CONTENT: All bids submitted in response to this IFB shall be held confidential until
a contract is awarded. Following the contract award, proposals are subject to release as public information
unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act.
Bidder are advised to consult with their legal counsel regarding disclosure issues and take the appropriate
precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation
or responsibility for asserting legal arguments on behalf of potential bidders.
4.1 If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The
Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the
Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be
Page 8 of 10
CO 60328
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
accepted. All bid and parts of bids that are not marked as confidential will be automatically considered
public information after the contract is awarded.
5. UNIT PRICE: The unit price shall be the listed jobbers price plus or minus a percentage (%). A copy of the
published jobber's price list shall be attached to the bid form. The City will permit "unit price" adjustments
upwardly or downwardly when the jobber's price list is furnished along with the request for adjustment;
however, voluntary downwardly adjustments by the contractor may be allowed without an industry wide
decrease.
6. MATERIAL SAFETY DATA SHEET (MSDS): Bidders shall provide the City with MSDS on all applicable
materials bid in accordance with all Federal, State and local laws, regulations, statues and ordinances.
7. BATTERY: shall be Original Equipment Manufacturer (OEM) or equal. The City reserves the exclusive right
to determine the equivalency of any battery. All batteries shall meet or exceed the following:
7.1 Cold cranking performance rating determined by high rate discharge load amperes of a new, fully
charged battery at 0°F (-17.8°C) can continuously deliver for 30 seconds and maintain terminal
voltage equal to or higher than 1.20 volts.
7.2 A reserve capacity rating defined as the number of minutes, which a new, fully charged battery at 80°F
(26.7°C) can be continuously discharged at 25 amperes and maintain a terminal voltage equal to or
higher than 1.75 volts per cell.
7.3 Have the graphic and written warning messages placed on the battery in compliance with Rule #16
CFR Part 1500, for use on lead -acid batteries and acid packages under five (5) gallons.
7.4 Be life tested in accordance with SAE Standard J240 dated June 1993 or latest revision thereof.
8. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the
City representative(s) noted below.
Gabriel Apodaca — Parts Specialist (512) 218-5567
PART IV
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Unless noted on the solicitation, all shipments shall be FOB Destination our dock and received
between the hours of 8:OOAM and 4:OOPM, Monday through Friday, within one hour after verbal or faxed
request against an established blanket purchase order from the City. All deliveries shall be coordinated
through City's representative. NOTE: additional charges for standard delivery will not be allowed.
Delivery Location:
The City Shop
901 Luther Peterson
Round Rock, TX 78664
1.1 Special order parts may have variable delivery and shipping charges.
2. ACCEPTANCE: Acceptance inspection should not take more than three working days. The vendor will be
notified within this time frame if the unit delivered is not in full compliance with the specifications. If any
purchase order is canceled for a unit for non-acceptance, the needed equipment may be purchased
elsewhere and the vendor may be charged full increase, if any, in cost and handling.
3. INVOICING: Vendor shall submit one original and three copies of each invoice on a monthly basis to the
following address:
City of Round Rock
Finance Department
221 East Main Street
Page 9 of 10
C® 0328 1;
SPECIFICATION NO.
03-060-00-01
REVISED: JAN 2006
Round Rock, TX78664-5299
4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives 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:
4.1 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
4.2 The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3 'There 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
4.4 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.
5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq.
Page 10 of 10
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION.FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Vehicle Maintenance
901 Luther Peterson
Round Rock, TX 7
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFIL_
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BIO OPENING DATE L
BID NUMBER IN LOWER LEFT
HAND CORNER OF SEALED 810
ENVELOPE SHOW RETURN
ADORES$ OF UNDOING FIRM.
BIDDING INFORMATION:
AUTOMOTIVE PARTS
BID NUMBER 06-016
OPENING DATE: 2/21/2006 at 3:00 P.M.
BID LOCATION: 221 E. Main Street, Council
Chambers, Round Rock, TX
778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
7 2.0`a,0
ad Signa Date
o) 2-0•"•--2re-a^.4e-- Oi►-1 OS
Print Name
TAX ID NO.:
See 1.7 of Bidding Instructions on page 2
2-0o a ((a1kt4-(0
LEGAL BUSINESS NAME: i�rga�/ t2� f /I� ,��� _ D d4 CIij
ADDRESS: �T 1�4�7
ADDRESS:
CONTACT:
/1/7 L Sf?�:�"
78"762_
#.6T, Vie Ategue c4
TELEPHONE NO.: 57 -dSS ' 34,0 V
BUSINESS ENTITY TYPE: ./94Alfa ilvC /fi4A 14044
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, 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 bid made to any competitor or any
other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth in this IFB.
(This is for an agreement for five 12 -month periods with two 12 -month renewal periods for automotive repair and mantenance
parts in accordance with specification No. 03-060-00-01, revised January 2005 (10 pgs)
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is
made or implied. The City will only order the amount needed to satisfy operating requirements.
CURRENT JOBBER'S LIST SHALL BE INCLUDED WITH RESPONSES. FAILURE TO COMPLY SHALL DISQUALIFY BID
FROM AWARD.
Bid Sheet
Page 1 of 13
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