ITEM 4.15
CITY MANAGER'S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD FLEET MAINTENANCE AND REPAIR
SERVICES CONTRACT TO MANTECA FORD-MERCURY,
INC., FOR MAINTENANCE AND REPAIR OF CITY
FLEET
RECOMMENDATION: Adopt Resolution Awarding a Fleet Maintenance and Repair Services Contract to Manteca Ford-Mercury,
Inc., for Maintenance and Repair of City Fleet
SUMMARY:
On June 26, 2024, staff released specifications for bid solicitations for Fleet Maintenance and Repair Services. The specifications for the Fleet Maintenance and Repair Services Contract were formally advertised for bid on June 28, 2024, pursuant to California Public Contract Code (PCC) 20160 and Lathrop Municipal Code (LMC)
2.36.060. The City Clerk received and opened four (4) bids on July 16, 2024. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive base bid for the service was determined to be Manteca Ford-Mercury, Inc., with a base bid of $99,796. In addition to the base bid, an additional $151,295 for additional maintenance and repair services of City fleet that might arise during the fiscal year is included within the proposed contract. The total proposed Fleet Maintenance and Repair Services Contract with Manteca Ford-Mercury, Inc., is not to exceed $251,091. Staff requests City Council award a Fleet Maintenance and Repair Services Contract to Manteca Ford-Mercury, Inc., for maintenance and repair services of City fleet.
BACKGROUND:
Currently, the fleet team maintains over 115 City vehicles. Staff released specifications for bid solicitations for Fleet Maintenance and Repair Services on June 26, 2024, pursuant to PCC 20160 and LMC 2.36.060. Four (4) bids were received and opened by the City Clerk on July 16, 2024, and three (3) bids were determined to be responsive responsible bidders. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results - Fleet Maintenance and Repair Services Contractor Base Bid
Manteca Ford-Mercury, Inc. $99,796.00
Main Auto Repair $122,050.00
Tracy Ford $135,396.79
Big Valley Ford Non-Responsive
Staff reviewed and evaluated the bids and determined that the lowest responsible bidder is Manteca Ford-Mercury, Inc., with a base bid of $99, 796. Staff requests City CITY MANAGER'S REPORT PAGE 2
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
AWARD FLEET MAINTENANCE AND REPAIR SERVICES CONTRACT TO MANTECA FORD-MERCURY, INC., FOR MAINTENANCE AND REPAIR OF CITY FLEET
Council adopt a resolution awarding a Fleet Maintenance and Repair Services Contract to Manteca Ford-Mercury, Inc., for maintenance and repair services of City fleet.
FISCAL IMPACT:
The proposed base bid Fleet Maintenance and Repair Services Contract with Manteca Ford-Mercury, Inc., is for $99,796. The base bid is for preventative and general maintenance and repair services of City fleet. In addition to the base bid, an additional $151,295 for additional maintenance and repair services of City fleet that might arise during the fiscal year is included within the proposed contract. The total proposed Fleet Maintenance and Repair Services Contract with Manteca Ford- Mercury, Inc., is not to exceed $251,091. Sufficient funds were allocated in the approved Fiscal Year (FY) 2024/25 budget for fleet maintenance and repair services to award the contract.
The Fleet Maintenance and Repair Services Contract with Manteca Ford-Mercury, Inc., may be extended annually for up to three (3) consecutive one-year terms after the initial Contract period, at the discretion and approval of the CITY, at the cost of $251,091 plus 5% per year, and as approved by the annual City budget.
ATTACHMENTS:
A. Resolution Awarding a Fleet Maintenance and Repair Services Contract to Manteca Ford-Mercury, Inc., for Maintenance and Repair of City Fleet B. Bia Proposal from Manteca Ford-Mercury, Inc.
C. Fleet Maintenance and Repair Services Contract with Manteca Ford-Mercury, Inc., for Maintenance and Repair of City Fleet
CITY MANAGER'S REPORT PAGE 3
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
FLEET
APPROVALS:
7.31.2024
Todd Sebastia Date
Director of Parks, Recreation, and Fleet
8/1/2024
Cari James Date
Director of Finance
1342 8/5/2024
Thomas Hedegard Date
Deputy City Manager
8. 1. 2024
Michael King Date
Assistant City Manager
7.31.2024
Salvador Navarrete Date
City Attorney
8.5.24 Stephen J. Salvatore Date
City Manager
RESOLUTION No. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
A FLEET MAINTENANCE AND REPAIR SERVICES CONTRACT TO MANTECA FORD-MERCURY, INC., FOR MAINTENANCE AND REPAIR OF CITY FLEET WHEREAS, on June 26, 2024, staff released specifications for bid solicitations for Fleet Maintenance and Repair Services; and
WHEREAS, on June 28, 2024, the City solicited bids for Fleet Maintenance and Repair Services pursuant to PCC 20160 and LMC 2.36.060; and WHEREAS, a total of four (4) bids were received and opened by the City Clerk on July 16, 2024; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for Fleet Maintenance and Repair Services was determined to be Manteca Ford-Mercury, Inc., with a base bid of $99,796; and WHEREAS, staff requests City Council award the Fleet Maintenance and Repair Services contract to Manteca Ford-Mercury, Inc., in the amount of $99,796 for preventative maintenance and $151,295 for additional maintenance and repair services of City fleet that might arise during the fiscal year, and authorize staff to spend the funds as necessary to maintain City fleet with Manteca Ford-Mercury, Inc.; and WHEREAS, sufficient funds were allocated in the approved Fiscal Year (FY) 2024/25 budget for the Fleet Maintenance and Repair Services; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a Fleet Maintenance and Repair Services contract to Manteca Ford-Mercury, Inc., for the maintenance and repair services of City fleet for a total cost not to exceed $251,091.
The foregoing resolution was passed and adopted this 12th day of August, 2024 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
SECTION 00300 -B-
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES Tesla- 2103
FORMAL BID SOLICITATION BID PROPOSAL FORMS
Fusion $765
DESCRIPTION / Chaser 165
ESTIMATE
SIMOF
TTEM SERVICE SERVICE NOTES YEAR / MARI/ MODFL SERVICE D TOTALS.
TOTALS
COST SERVICES
Cars (Fusion, Tesla, Charger) 57 3 53633
Light SUV (Terrain) $726x 3 $217%
(4) New Tires Per Mount, Balance and
Original Equipment Police Explorer Interceptor 10 $flood $34311 Alignment. Disposal
Manufacture of Replaced Tires.
Specifications Large SUV (Tahoe, Traverse) $250x $ 5000 _Light Truck (Colorado. Chevy 1500. Ford F150: $ 1109x 5 $ $309 Heavy Truck (Silverado 2500-6500, Ford F250-F650) -1400 $ 7000 Cars (Fusion. Tesla. Charger) $1|00 x 3 $3300
Light SUV (Terrain) $3300
Replacement of Front Ensure Brake Lines
and Rear Brakes, and Master and $ 19500
Police Explorer Interceptor $ 1300 15
Rotors, Fluids, and Wheel Cylinders
= inspect Anti-lock Brake Aren't Leaking,
Systems (ABS) Per Large SUV (Tahoe, Traverse) 19800 49000 Inspect Calipers for
Equipment Manufacture Wear. Fluid Leaks $5500
Light Truck (Colorado, Chevy 1500. Ford F150) $1100
Specifications. and Movement.
Heavy Truck (Silverado 2500-6500, Ford F250-F650) $1300 10 $1S00D Cars (Fusion, Tesia. Charger) $189 $189
Diagnostic electrical Light SUV (Terrain) $ 189 $189
Vehicle Battery system and battery
Replacement PER Lest report (printed or Police Explorer Interceptor 5189 $945 Original Equipnent emailed), and proper $3780
disposal and Large SUV (Tahoe, Traverse) $189 $945
Manufacture
recycling of all
replaced batteries Light Truck (Colorado. Chevy 150, Ford F150) $489 59457 Heavy Truck (Silverado 2500-6500, Ford F250-F650) $189 $567 2019 Ford Fusion sToo 5700
2020 Chevy Tahoe $700 500-
Windshield Windshield Shall
Replacement Original Include (Acoustic 2021 Dodge Charger GT s600x $3500 Equipment Manufacture Interlayer. Humidity
Specifications. Sensor and Solar) $150 x $750
2022 Silverado 2500
2023 Police Explorer Interceptor 3750 $750
Check Engine Light Provide Findings $ 195 25 5487534075 Diagnostics See Attached Fleet List
AC Diagnostic Provide Findings See Attached Fleet List s 195- 10 51950:1950 mog Testing Fee an Provide Findings See Attached Fleet List $68 10 $680$680 ertifica
Tire Rotation and
Pressure Check.
Synthetic Oil Change
Fluids,
Per Original Equipinent Battery, and See Attached Fleet List $85:x 200 s1700П00 Manufacture
Specifications Filter Test, and
Replacemen Belts
and Check Hoses.
TOTAL SIMPLE BASE BID SUM OF TOTNS I-».. 599796
TOTAL SAMPLE BASE BID IN WORDS: Ninty Nine thousand Seven hundred winty six dollar s
We also home Free Pick up 00300-3
And Deliveg of Vehicles.
ATTACHMENT
SECTION 00500 - C-
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
CITY OF LATHROP
GENERAL SERVICES CONTRACT WITH MANTECA FORD-MERCURY, INC.
FOR
2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
THIS AGREEMENT, dated for convenience this 12"h day of August, 2024 (the "Effective Date") is by and between [Insert form of company: Manteca Ford-Mercury, Inc. ("CONTRACTOR") and the City of Lathrop, a California municipal corporation ("CITY"). In consideration of their mutual covenants, the parties hereto agree as follows:
(1) Scope of Work
1. Subject to the terms and conditions of this Agreement, CONTRACTOR shall provide Fleet Maintenance and Repair.
2. CONTRACTOR shall respond to the request in compliance with Attachment A - Service Specifications for Fleet Maintenance and Repair work and provide a cost estimate for requested scope of work.
3. CONTRACTOR shall only begin work pursuant to this Agreement following Notice to Proceed and a Task Order from the CITY's Parks, Recreation, and Fleet Services Director or their designee.
4. CONTRACTOR and employees who are performing maintenance on City Fleet shall at all times during the performance of work pursuant to this agreement maintain a valid Automotive Service Excellence (ASE) Certification
5. CONTRACTOR and employees who are transporting City Fleet shall pass a Live Scan fingerprinting / criminal record check.
(2) Compensation
CITY hereby agrees to pay CONTRACTOR a sum not to exceed $251,091 Fleet Maintenance and Repair work. CONTRACTOR shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 below.
Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONTRACTOR be entitled to compensation for work not included in the Task Order, unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work.
Payment is made based on a time and materials basis.
Contract rates detailed in bid schedule shall remain fixed through June 30 of the then current Contract term. Any request by the CONTRACTOR for Contract price adjustment thereafter shall 00500-1
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
be substantiated by supportive documentation correlated to the State of California Department of General Services California Construction Cost Index (CCCI), and in no case greater than 5% above existing labor and vehicle rates. It is expressly understood that Contract rate increases are not automatic nor guaranteed. All rate adjustment requests must be submitted in writing to the City's Parks, Recreation, and Fleet Services Department Director no later than April 30"h of the current Contract term to be included in the following Contract term and will not go into effect until July Ist of that same year. If considered, price adjustments due to an increase in said CCCI shall be calculated based upon the values for the month of February of the previous Contract term and that of the current Contract term.
(3) Effective Date and Term
The effective date of this Agreement is 12th day of August, 2024 through June 30, 2025. The Contract may be extended annually for up to three (3) consecutive one-year terms after the initial Contract period, at the discretion and approval of the CITY, at a cost not to exceed $251,091 plus 5% per year, and as approved by the annual City budget. The contract terms are as follows:
• Optional Term 1: July 1, 2025 - June 30, 2026
• Optional Term 2: July 1, 2026 - June 30, 2027
• Optional Term 3: July 1, 2027 - June 30, 2028
The CITY shall notify the CONTRACTOR in writing of its intent to extend the Contract by April 30*h of the current Contract term.
(4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONTRACTOR, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent Contractor and not an employee of the CITY. As an independent Contractor CONTRACTOR is responsible for controlling the means and methods to complete the scope of work described in Section 1 of this Contract to City's satisfaction. CONTRACTOR expressly warrants not to represent, at any time or in any manner, that CONTRACTOR is an employee of the CITY.
(5) Billings
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable.
CONTRACTOR'S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONTRACTOR shall not bill CITY for duplicate services performed by more than one person. In no event shall CONTRACTOR submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section (2) for either task or for the entire 00500-2
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
Agreement, unless modified by a properly executed change order. (6) Advice and Status Reporting
CONTRACTOR shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
(7) Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this agreement. 8) Assignment of Personnel
CONTRACTOR acknowledges that the CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY.
The services shall be performed by, or under the direct supervision, of CONTRACTOR'S Authorized Representative: Paul Singh, Service Director. CITY shall be notified by CONTRACTOR of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY's sole discretion, and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change.
CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONTRACTOR to remove a person assigned to the work called for under this Agreement, CONTRACTOR agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
(9) Assignment and SubContracting
00500-3
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the protessional reputation and competence of CONTRACTOR. Neither this Agreement nor any interest therein may be assigned by CONTRACTOR without the prior written approval of CITY'S authorized representative. CONTRACTOR shall not Sub-Contract any portion of the performance contemplated and provided for herein, other than the Sub- Contractors noted in the proposal, without prior written approval of the CITY'S authorized representative.
(10) Insurance
Category 2 "Intermediate Risk"
Insurance Requirements
i. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket Contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 2010 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. il. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. ili. Workers' Compensation and Employers' Liability- Statutory a. Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor 00500-4
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
shall submit to City, along with the certificate of insurance, a waiver of subrogation dorsement in favor of City, its officers, agents, employees, and volunteer roof of Workers' Compensation is not required if Consultant provides writte verification that they have no employees.
iv. All Coverages
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore. the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
b. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
c. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
d. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
e. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A-VII or higher. (11) Indemnification - CONTRACTOR'S Responsibility
As to the CONTRACTOR'S work hereunder, it is understood and agreed that (a) CONTRACTOR as thor coral ill to cesar to perform the a skit and ris upon the presid l CONTRACTOR thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONTRACTOR from such professional responsibility for the work performed. It is further 00500-5
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
understood and agreed that CONTRACTOR is apprised of the scope of the work to be performed under this Agreement and CONTRACTOR agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONTRACTOR'S profession.
CONTRACTOR shall indemnity, defend, and hold CITY, its officers, employees, agents, and volunteers harmless trom and against any and all lability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONTRACTOR, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONTRACTOR to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONTRACTOR from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONTRACTOR, its employees, agents, or subcontractors by federal or state law, CONTRACTOR warrants that such license has been obtained, is valid and in good standing, and CONTRACTOR shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations. (13) Business Licenses
CONTRACTOR shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. (14) Termination
Either CITY or CONTRACTOR may cancel this Agreement upon 30 days written notification to the ether, wry, product and documents shaltie ofivered CONTRACTo Cally within en (10) calendar days.
(15) Funding
CONTRACTOR agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII 00500-6
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
(B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
(16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Parks, Recreation, and Fleet Services Dept.
390 Towne Centre
Lathrop, CA 95330
MAIN: (209) 941-7430
FAX: (209) 941-7449
To Contractor: Manteca Ford-Mercury, Inc.
Mailing Address: P.O. Box 2185 Manteca, CA 95336
Phone: 209.249.3642
Email: [email protected]
ATTN: Paul Singh
(17) Miscellaneous
(a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
(b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a 00500-7
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail. (c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. (d) Definitions. The definitions and terms are as defined in these specifications. (e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
(f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. (g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be reterred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. (h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
(i) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
All documents, photographs, reports, analyses, audits,
computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY.
(k) Provision. Any agreement, covenant, condition, clause, qualification, restrictior eservation, term or other stipulation in the Agreement shall define or otherwise contro establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
(1) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent furiptivisions of tors les taean not so atfectef shall eman in is fore and forceable, 00500-8
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
(m) Status of CONTRACTOR. In the exercise of rights and obligations under this Agreement CONTRACTOR acts as an independent contractor and not as an agent or employee of CITY. CONTRACTOR shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONTRACTOR expressly waives any and all claims to such right and benefits. (n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. (0) Time of the Essence. Time is of the essence of this Agreement and each of its provisions.
In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day. (p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. (q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended in connection with such action against the non-prevailing party.
(18) Notice to Proceed
Prior to commencing work under this agreement, CONTRACTOR shall receive a written "Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to Proceed.
(19) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONTRACTOR and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
ATACHMENTS:
ATTACHMENT A: Contractor's submitted bid packet
00500-9
SECTION 00500
FY 2024-2025 FLEET MAINTENANCE AND REPAIR SERVICES
FORMAL BID SOLICITATION SERVICE CONTRACT
Approved as to Form: City of Lathrop
City Attorney
8.62024
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Parks, Recreation, and Fleet Services Department
Todd Sebastian Date
Director
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONTRACTOR: NAME: Manteca Ford-Mercury, Inc.
Street Address: 555 North Main Street
City, State, Zip: Manteca, CA 95336
Fed ID #: 689365421
Business License #: 10803054
Signature Date
Print Name and Title
(END OF SECTION)
00500-10