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HomeMy WebLinkAboutMULTI (5) - CONTRACT - BID - 7157 OIL CHANGE SERVICES - 2010SERVICES AGREEMENT Oil Chance Services 2010 THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ` µ����('Q2bC�_ f_ �-f16C1_1VL` ��Gi F(lP,�°-%�l)11�1QP �'73�. -- hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide Oil Change services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of two (2) pages, incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 1, 2010 and shall continue in full force and effect until July 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen,(15) days prior to the termination date contained in said notice unless otherwise agreed in writin • by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider:�� 7 Cityof Fort Collins _ QrQ(� Company Name Operations Services PO Box 580 Sfreet Address %C Fort Collins, CO 80522 City/Sfafe/Zip ":h 3 rf�r (49k In the event of early termination by the City, the Service Provider shall 12. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 14. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Company Name: Z�X04� C-1996 CITY OF FORT COLLINS By. lig ()b: Jam s . O'Neill, II, CPPO Direc or of Purchasing and Risk Mgt. Exhibit A: Scope of Services Standard Service: At a single standard price for FWD, AWD, RWD and 4WD vehicles, oil changes must include: 1. Drain engine oil and refill with up to five (5) quarts of oil 2. Replace oil filter 3. Check and top off: - power steering fluid - windshield washer fluid - engine coolant - battery fluid (except for sealed batteries) - transmission/transaxle fluid - differential oil 4. Check and adjust tires to recommended pressure 5. Inspection of: - brake fluid (transparent reservoirs) - serpentine belts - exterior lights - windshield wiper blades 6. Chassis lubrication (where applicable) 7. Clean: -exterior windows - vacuum interior floors Oil Quality Oil used in the Standard Service must be a major brand oil such as Shell, Mobil, Conoco, Valvoline, and Pennzoil in SAE 5W30 weight for the City's light duty vehicles, unless a different weight oil is specified by the vehicle manufacturer. Oil must meet ILSAC GF-4 and API SM requirements for any oil used. In addition, the oil used must meet or exceed the specifications for FormulaShell Engine Oils of the same SAE grade. Additional charges: Oil: for engines with an oil capacity exceeding five quarts, the vendor may charge up to $4.00 for each additional quart required. The City will not pay for oil added in excess of the specified oil capacity of the vehicle. Drain plug and/or gasket: The City will pay up to $1.00 for a drain plug gasket and up to $3.00 for a replacement drain plug with gasket. Observed Problems Vendors are expected to immediately advise City Fleet contact personnel by phone if any of the following items are noted: - low brake fluid level (do not refill) - worn serpentine belts - worn or damage windshield wiper blades - inoperative lights - serious fluid leaks - safety concerns or damaged components These issues should also be noted on the billing invoice. Training of vendor personnel: Each selected vendor will be expected to train their employees in the proper procedures to follow for servicing City vehicles and billing for those services. Credit cards will not be used to pay for oil change services. "Next Service" stickers must indicate a 5,000 mile service interval. Do not enter a date. Invoicing: Invoices must show the price for the basic service and the cost of any additional oil, drain plug gasket, or drain plug with gasket. No other services or parts will be paid for. Note observed maintenance issues on the invoice. Identify vehicle by at least two of the following: Unit number, VIN, or license plate number. Invoice must include the printed name and signature of the City driver. Fax or email invoice to Jan at Operations Services within five working days. Fax: 970-221-6534, email: iwatson(aD-fcgov.com Bid 7157, Pricing: $ / Price for oil change service including filter, up to five quarts of oil and all services listed as Standard Service, above. Brand and trade name of oil to be used in City vehicles: Brand and trade name of oil filters to be used in City vehicles 114zabalI Include, with your bid, a specification sheet for the oil to be used in City vehicles and any pertinent technical information about the oil filters to be used. Additional Services: List any services you will include with the Standard Service at no extra charge 1. T; 2. W,45 LL N 3. Z-19117- 2jL21�r TIXA) --51"W-51 1-16"SC FRf� bVW PaAC5 f'Nb 5f 7S T Ri 'ljlf� � f=Ll!) D %6P f5 C�Pdw STi21iJ� j C,ili� �J,g5h'%� j/ Facility Locations: Street address: Phone No. Contact person: SERVICES AGREEMENT Oil Change Services 2010 THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and i�A,6620 � q 61 ?-59- f✓i�Le_� , hereinafter referred to as "Service Provider'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide Oil Change services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of two (2) pages, incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 1, 2010 and shall continue in full force and effect until July 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: / �n City of Fort Collins Company Name: ,a�/'1�I7J/JV C�O�Se-/ ,5,1 Operations Services PO Box 580 Street Address: Fort Collins, CO 80522 City/State/Zip j 611W5 � fd g0�2S Phone: 11 U dal 3) )Bs - Fax: Email: In rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 4. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A". 5. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 6. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 7. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 8. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 9. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 12. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 14. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Company Name: y�Yi✓Ii�iJ�l C�rraS� �Y to—- CITY OF FORT COLLINS By: G By. G- Print Name: N1avc� U3V%--Vk- Ja . O'Neill, II, CPPO Title: Marlaaaj- Director of Purchasing and Risk Mgt. Cl Exhibit A: Scope of Services Standard Service: At a single standard price for FWD, AWD, RWD and 4WD vehicles, oil changes must include: Drain engine oil and refill with up to five (5) quarts of oil 2. Replace oil filter 3. Check and top off: - power steering fluid - windshield washer fluid - engine coolant - battery fluid (except for sealed batteries) - transmission/transaxle fluid - differential oil 4. Check and adjust tires to recommended pressure 5. Inspection of: - brake fluid (transparent reservoirs) - serpentine belts - exterior lights - windshield wiper blades 6. Chassis lubrication (where applicable) 7. Clean: -exterior windows - vacuum interior floors Oil Quality Oil used in the Standard Service must be a major brand oil such as Shell, Mobil, Conoco, Valvoline, and Pennzoil in SAE 5W30 weight for the City's light duty vehicles, unless a different weight oil is specified by the vehicle manufacturer. Oil must meet ILSAC GF-4 and API SM requirements for any oil used. In addition, the oil used must meet or exceed the specifications for FormulaShell Engine Oils of the same SAE grade. Additional charges: Oil: for engines with an oil capacity exceeding five quarts, the vendor may charge up to $4.00 for each additional quart required. The City will not pay for oil added in excess of the specified oil capacity of the vehicle. Drain plug and/or gasket: The City will pay up to $1.00 for a drain plug gasket and up to $3.00 for a replacement drain plug with gasket. rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 4. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and,"deletions provided herein, per the attached Exhibit "A". 5. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to.the City Representative. 6. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 7. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 8. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 9. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. Observed Problems Vendors are expected to immediately advise City Fleet contact personnel by phone if any of the following items are noted: - low brake fluid level (do not refill) - worn serpentine belts - worn or damage windshield wiper blades - inoperative lights - serious fluid leaks - safety concerns or damaged components These issues should also be noted on the billing invoice. Training of vendor personnel: Each selected vendor will be expected to train their employees in the proper procedures to follow for servicing City vehicles and billing for those services. Credit cards will not be used to pay for oil change services. "Next Service" stickers must indicate a 5,000 mile service interval. Do not enter a date. Invoicing: Invoices must show the price for the Standard Service and the cost of any additional oil, drain plug gasket, or drain plug with gasket. No other services or parts will be paid for. Note observed maintenance issues on the invoice. Identify vehicle by at least two of the following: Unit number, VIN, or license plate number. Invoice must include the printed name and signature of the City driver. Fax or email invoice to Jan at Operations Services within five working days. Fax: 970-221-6534, email: iwatsonCa�fcQov.com Bid 7157, Pricing: $ t Price for oil change service including filter, up to five quarts of oil and all services listed as Standard Service, above. Brand and trade name of oil to be used in City vehicles: /i[ "/ S' 2.0. 5 - 30, Ja,30 Brand and trade name of oil filters to be used in City vehicles P6—M6-6' .5'�ryiC.' i '�\aKp Q�wo��flb Include, with your bid, a specification sheet for the oil to be used in City vehicles and any pertinent technical information about the oil filters to be used. Additional Services: List any services you will include with the Standard Service at no extra charge. r'' 2. 3. 4. Facility Locations: Street address: Phone No. Contact person: r . � G-�� Mobil M Mobil Clean Motor Oil Premium Automotive Engine Oil Product Description Mobil Clean Motor Oil is formulated from quality base stocks combined with the most modern performance additives, including an advanced detergent system to provide excellent engine cleanliness. These oils protect against sludge and engine rust and corrosion under low -temperature operating conditions. Pour depressants and a viscosity index (VI) improver are included, where required, to provide the desired viscosity -temperature and low -temperature fluidity characteristics. Mobil Clean Oil is available in five multi -viscosity grades: SAE 5W-20, 5W-30, 10W-30, 10W40, and 20W-50 Mobil Clean Oil 5W-20 has been introduced to meet the latest requirements of Ford and Honda. It meets the latest Ford Specification WSS-M2C 930-A. Mobil Clean Oil 5W-20, 5W-30 and 1 OW-30 contain friction -reducing additives. These viscosity grades are classified by the American Petroleum Institute (API) as "Energy Conserving" engine lubricants, and meet ILSAC GF-4. Features and Benefits • Excellent engine cleanliness • Engine protection under a wide variety of operating conditions • Satisfies the latest oil requirements of gasoline engine manufacturers (5W-20 recommended for certain Ford and Honda's) . • Fuel efficiency (Mobil Oil 5W-20, 5W-30 and 10W-30) • Excellent protection for high-performance engines • Helps reduce engine wear and corrosion • Helps keep engine clean • Easy cold starting Applications Mobil Clean Oil 5W-20 is recommended for vehicles which call for an API certified, 5W-20 viscosity grade engine oil such as 2001 and newer model year Ford automobiles, 1998 and newer model year Honda Accords, and 1996 and newer Honda Civics. It is also recommended for 2005 Chrysler vehicles where a 5W-20 is recommended. This unique viscosity grade should be used only in automobiles that require a 5W-20 lubricant and it is not recommended for use in other vehicles. Mobil Clean Oil 5W-30 and Mobil Clean Oil 1 OW-30 are recommended for gasoline fueled automobiles and light duty bucks requiring an API SM, SL, SJ or SH product. They meet ILSAC GF-4 (Starburst Certification Symbol). Mobil Clean Oil 1 OW40 is recommended for gasoline fueled automobiles and light duty trucks where a higher viscosity oil is preferred or recommended and where an API SM, SL, SJ or SH product is required. Mobil Clean Oil 20W-50 is recommended for high-performance engines found in race and rally driving. It has a higher viscosity reserve which provides engines with full protection under higher operating speeds, temperatures, and other adverse conditions. This product is also recommended for gasoline fueled automobiles and light trucks where a higher viscosity oil is preferred or recommended. Before using a Mobil Clean Oil, consult the owner's manual of the vehicle for the manufacturer's recommended viscosity grade and API Service Classification. 1 of 2 01-2006 Mobil Specifications and Approvals Mobil Clean Motor Oil meets the following industry specifications: 5W-20 5W-30 10W-30 10W-40 20W-50 API SM X X X API SL X X X X X API SJ X X X X API SH X X X X ILSAC GF-4 X X X Mobil Clean Motor Oil has the following builder approvals: 5W-20 5W-30 10W-30 10W-40 20W-50 Ford WSS-M2C930-A X Ford WSS-M2C929-A X GM 6094M X X Chrysler MS 6395 X X X Typical Properties Mobil Clean Oil 5W-20 5W-30 10W-30 10W-40 20W-50 API Service Classification SM SM SM SM SM Gravity, API 33.6 33.0 29.2 29.3 27.4 Specific Gravity 0.857 0.860 0.876 0.880 0.890 Pour Point, °C (°F) -30 (-26) -39 (-38) -36 (-33) -33 (-27) -27 (-17) Flash Point, °C (°F), ASTM D 92 200 (392) 200 (392) 200 (392) 200 (392) 200 (392) Viscosity cSt at 400C 47 62 71 97 162 cSt at 100°C 8.3 10.5 10.6A 14.0 18.1 CCS, cP 4900@ -30 'C 5500 @ -30 °C 6300@ -25 °C 6100 @ -25 °C 8200 @ -15 °C MRV, cP 22000@ -35 17,000 @ °C -35 °C 19,500@-3035,000 @ °C -30 °C 24,000 @ -20 °C Viscosity Index 153 159 137 147 124 Energy Conserving Yes Yes Yes No No Health and Safety Based on available information, this product is not expected to produce adverse effects on health when used for the intended application and the recommendations provided in the Material Safety Data Sheet (MSDS) are followed. MSDS's are available upon request through your sales contract office, or via the Internet. This product should not be used for purposes other than its intended use. If disposing of used product, take care to protect the environment. The Mobil logotype, the Pegasus design and Mobil Clean Motor Oil are trademarks of Exxon Mobil Corporation, or one of its subsidiaries. PowerFlo Products Limited Warranty PowerFlo filters are warranted to be free from manufacturer's defects in material, workmanship or design in accordance with the terms and conditions described below. New car warranties remain in effect when PowerFlo filters are used in accordance to the engine manufacturer's change intervals. In the event of an engine failure directly caused by a defective PowerFlo filter, which was properly installed and changed following the engine manufacturer's recommended service intervals and was in accord with current PowerFlo catalog recommendations, PowerFlo warrants that it will pay for the repair or, if necessary, replacement of an engine or other parts damaged as a result of any defect in any of our filters. Claims for engine repairs provided under this warranty must be submitted within 30 days after discovery of damage. Purolator Technical Services Department reserves the right to examine the engine and filter to deter- mine the amount of damage and whether it was caused by a defective PowerFlo filter. This warranty DOES NOT COVER any product that has been subjected to misuse, neglect, negligence or accident, or that has been improperly maintained, operated or installed. The warranty DOES NOT APPLY to any damage to the product that is the result of rust or corrosion. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EX- PRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY EXCLUDED. POWERFLO SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES RE- SULTING FROM OR CAUSED BY THE USE, OPERATION, FAILURE OR DEFECT OF ANY POWERFLO FILTER. This warranty gives you specific legal rights. You may also have other rights which vary from state to state. CHAMPION LABORATORIES, INCORPORATED STATEMENT OF WARRANTY Champion Laboratories, Incorporated Statement of Warranty Filters manufactured for Service Champ are warranted to be free from defects in material and workmanship. Any filter proven defective during the engine or equipment manufacturer's recommended service intervals will be replaced at no charge. In the event of an engine or equipment failure directly caused by a defective Service Champ filter, which was properly installed and changed following the engine or equipment manufacturer's recommended service intervals, Champion Laboratories will authorize restoration of the engine or equipment to a condition equivalent to that existing just prior to the failure. Claims for engine or equipment repairs provided under this warranty must be submitted within 30 days after discovery of damage. Champion Laboratories Technical Services Representatives reserve the right to examine the engine or equipment and filter to determine the amount of damage and whether it was caused by a defective Service Champ filter. This warranty gives you specific legal rights. You may have other rights which vary from state to state. All filters meet or exceed OEM requirements and are tested in accordance with Society of Automotive Engineers' test procedures. Engine and equipment manufacturer's warranties remain in effect when Service Champ filters are used. This warranty does not cover any filter that has been subject to misuse, neglect, negligence or accident, or that has been improperly installed, maintained or operated. This warranty does not apply to damage to the product caused by rust or corrosion. FILTER HOTLINE 1-800-882-0890 hotline@champlabs.com (English Only) Monday thru Friday 7:00 AM — 7:00 PM (Central Time) Saturday 7:00 AM — 5:00 PM (Central Time) HOLIDAY HOURS May 31, 2010 Memorial Day Closed December 24, 2010 Christmas Eve 7-2 July 4, 2010 Independence Day Closed December 25, 2010 Christmas Day Closed September 6, 2010 Labor Day Closed December 31, 2010 New Year's Eve 7-2 November 25, 2010 Thanksgiving Closed January 1, 2011 New Year's Day Closed FOR TECHNICAL ASSISTANCE CONCERNING FILTER APPLICATIONS OR CROSS-REFERENCE INFORMATION SERVICES AGREEMENT Oil Change Services 2010 THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COOL�ORADO, a Municipal Corporation, hereinafter referred to as the "City" and Rfs ..,f� %e�,�lLc-,%= ....� "3, hereinafter , referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide Oil Change services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of two (2) pages, incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 1, 2010 and shall continue in full - force and effect until July 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins Company Name/i�i� .53 ?i4S Q Operations Services Street Address 2 PO Box 580 Fort Collins, CO City/State7Zip�% 80522 .SC'v Phone ? 7� ZZ ✓T siGt �� Email In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 4. Contract Sum. The City shall pay the Service. provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A". 5. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 6. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 7. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 8. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 9. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 12. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 14. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm. the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall beliable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. pany Name: �; 64 Print Name: Oexl 11'71,0001e5� Title: OWW4!5/L.. CITY OF FORT COLLINS By: till, II,CPPOJamO Director of Purchasing and Risk Mgt. 12. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 14. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform Exhibit A: Scope of Services Standard Service: At a single standard price for FWD, AWD, RWD and 4WD vehicles, oil changes must include: 1. Drain engine oil and refill with up to five (5) quarts of oil 2. Replace oil filter 3. Check and top off: - power steering fluid - windshield washer fluid - engine coolant - battery fluid (except for sealed batteries) - transmission/transaxle fluid - differential oil 4. Check and adjust tires to recommended pressure 5. Inspection of: - brake fluid (transparent reservoirs) - serpentine belts - exterior lights - windshield wiper blades 6. Chassis lubrication (where applicable) 7. Clean: -exterior windows - vacuum interior floors Oil Quality Oil used in the Standard Service must be a major brand oil such as Shell, Mobil, Conoco, Valvoline, and Pennzoil in SAE 5W30 weight for the City's light duty vehicles, unless a different weight oil is specified by the vehicle manufacturer. Oil must meet ILSAC GF-4 and API SM requirements for any oil used. In addition, the oil used must meet or exceed the specifications for FormulaShell Engine Oils of the same SAE grade. Additional charges: Oil: for engines with an oil capacity exceeding five quarts, the vendor may charge up to $4.00 for each additional quart required. The City will not pay for oil added in excess of the specified oil capacity of the vehicle. Drain plug and/or gasket: The City will pay up to $1.00 for a drain plug gasket and up to $3.00 for a replacement drain plug with gasket. Observed Problems Vendors are expected to immediately advise City Fleet contact personnel by phone if any of the following items are noted: - low brake fluid level (do not refill) - worn serpentine belts - worn or damage windshield wiper blades - inoperative lights - serious fluid leaks - safety concerns or damaged components These issues should also be noted on the billing invoice. Training of vendor personnel: Each selected vendor will be expected to train their employees in the proper procedures to follow for servicing City vehicles and billing for those services. Credit cards will not be used to pay for oil change services. "Next Service" stickers must indicate a 5,000 mile service interval. Do not enter a date. Invoicing: Invoices must show the price for the Standard Service and the cost of any additional oil, drain plug gasket, or drain plug with gasket.' No other services or parts will be paid for. Note observed maintenance issues on the invoice. Identify vehicle by at least two of the following: Unit number, VIN, or license plate number. Invoice must include the printed name and signature of the City driver. Fax or email invoice to Jan at Operations Services within five working days. Fax: 970-221-6534, email: jwatsonCcc�fcgov.com Bid 7157, Pricing: $ J. 99 Price for oil change service including filter, up to five quarts of oil and all services listed as Standard Service, above. Brand and trade name of oil to be used in City vehicles: (e2o.�o C o Brand and trade name of oil filters to be used in City vehicles /'!/L®z 4,,, — 11o',G Include, with your bid, a specification sheet for the oil to be used in City vehicles and any pertinent technical information about the oil filters to be used. Additional Services: List any services you will include with the Standard Service at no extra charge. 1. 2. 3. 4. Facility Locations: Street address: Phone No. Contact person: ZZ3-el,o 9 r� cN ,�j� 71' 0 Super All Season Synthetic Blend Motor Oil Conoco® Super All Season Synthetic Blend Motor Oil is a premium quality, part -synthetic engine oil designed for use in gasoline -fueled passenger cars, light trucks and sport utility vehicles under all operating conditions. Super All Season Synthetic Blend Motor Oil is formulated to provide excellent wear protection, to minimize the formation of sludge and varnish, and to resist viscosity and thermal breakdown even in severe service. It also protects against rust and bearing corrosion and has good foam resistance. The part -synthetic formulation provides enhanced oxidation resistance and thermal stability at high temperatures and better pumpability at low temperatures compared with conventional engine oils, for extra protection under all driving conditions. Super All Season Synthetic Blend Motor Oil exceeds new car warranty requirements as defined by ILSAC GF-4. It is "Energy Conserving" for improved fuel economy and is specially formulated for protection of emissions control system catalysts. Applisatlons • Gasoline -fueled passenger cars, light trucks and sport utility vehicles Super All Season Synthetic Blend Motor Oil meets or exceeds the requirements of: • API Service SM, SL • Energy Conserving, ILSAC GF-4 • DaimlerChrysler MS-6395Q • Ford WSS-M2C930-A (SAE 5W-20), WSS-M2C929-A (SAE 5W-30), WSS-M2C205A (SAE 10W-30) • GM6094M (all grades), GM9986202 (SAE 5W-20), GM9986231 (SAE 5W-30) Feataies✓Be refits • Exceeds ILSAC GF-4 requirements for new cars under warranty • Friction -modified for improved fuel economy • Excellent resistance to viscosity and thermal breakdown at high temperatures Premium Synthetic Blend Passenger Car Engine 011 U.S. Technical Services Hot Line: 1-800-255-9556 U.S. Customer Service: 1-800-640-1956 International: +1-832-486-3363 E-mail address: conocolubricants@ conocophillips.com • Protects against sludge and varnish formation • Protects against wear • Protects against rust and bearing corrosion • Low volatility for reduced oil consumption • Excellent low -temperature pumpability for protection during cold starts • Formulated to protect emissions control system catalysts • Good foam resistance Super All Season Synthetic Blend Motor Oil Twical Properties SAE Grade 5W-20 5W-30 10W-30 Specific Gravity ® 60°F 0.861 0.862 0.869 Density, Ibs/gal ® 60°F 7.18 7.19 7.24 Color ASTM D1500 3.5 3.5 3.5 Flash Point (COC), °C (T) 224 (435) 221 (430) 224 (435) Pour Point, •C (°F) <42 (<-44) <42 (<-44) <42 (<-44) Viscosity, Kinematic cSt ® 40°C 50.0 65.0 69.0 CSt @ 100•C 8.7 10.8 10.4 Viscosity Index 164 163 157 Cold -Cranking Viscosity, cP 5,600 5,900 5,900 ® (_C) (-30) (-30) (-25) High-Temp/Hioh-Shear Viscosity, cP ®150°C 2.6 3.1 3.1 Sulfated Ash ASTM D874 wt % 0.94 0.94 0.94 Total Base Number (TBN), ASTM D2896 7.8 7.8 7.8 Phosphorus, wt % 0.077 0.077 0.077 Zinc wt % 0.085 0.085 0.085 Health and Safety Information For recommendations on safe handling and use of this product, please refer to the Material Safety Data Sheet via ht4p:lAv3.conocophillips.com/NetMSDS. Due to continual product research and development, the information contained herein is subject to change w thout notification. Copyright ® 2008 Con000Phillips Company. The ConocoPhillips logo, Conoco, and the Conoco logo are trademarks of ConocoPhillips Company in the U.S.A. and other countries. CSBoa3 ConocoPhillips 4 SERVICES AGREEMENT Oil Change Services 2010 THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS,"COLORADO, a Municipal Corporation, hereinafter referred to as the "City„ and £.,} See=.�a aaty .' Y '` ;� ��='..,,,..���.�, hereinafter referred to as "Service Provider" WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by' and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide Oil Change services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of two (2) pages, incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 1, 2010 and shall continue in full force and effect until July 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: case No City of Fort Collins 1 Company Name �. Operations Services PO Box 580 Fort Collins, CO 80522 City/,State%Zip"�©111�►5 .�D�15,5 zs In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 4. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A". 5. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 6. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 7. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 8. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 9. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any' other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 1 12. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall, be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 14. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of. Labor and. Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. ,f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Company Name: n 1 4JQNL r7"40wlo 'rf/ By: Print Name: VhArll_ C Title: F rPS 1 J ent ;n ' T CITY OF FORT COLLINS By: Jam s . O'Neill, II, CPPO Director of Purchasing and Risk Mgt. Exhibit A: Scope of Services Standard Service: At a single standard price for FWD, AWD, RWD and 4WD vehicles, oil changes must include: Drain engine oil and refill with up to five (5) quarts of oil 2. Replace oil filter 3. Check and top off: - power steering fluid - windshield washer fluid - engine coolant - battery fluid (except for sealed batteries) - transmission/transaxle fluid - differential oil 4. Check and adjust tires to recommended pressure 5. Inspection of: - brake fluid (transparent reservoirs) - serpentine belts - exterior lights - windshield wiper blades 6. Chassis lubrication (where applicable) 7. Clean: -exterior windows - vacuum interior floors Oil Quality Oil used in the Standard Service must be a major brand oil such as Shell, Mobil, Conoco, Valvoline, and Pennzoil in SAE 5W30 weight for the City's light duty vehicles, unless a different weight oil is specified by the vehicle manufacturer. Oil must meet ILSAC GF-4 and API SM requirements for any oil used. In addition, the oil used must meet or exceed the specifications for FormulaShell Engine Oils of the same SAE grade. Additional charges: Oil: for engines with an oil capacity exceeding five quarts, the vendor may charge up to $4.00 for each additional quart required. The City will not pay for oil added in excess of the specified oil capacity of the vehicle. Drain plug and/or gasket: The City will pay up to $1.00 for a drain plug gasket and up to $3.00 for a replacement drain plug with gasket. work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be, liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agr ement fo' Company Name: c- CITY OF FORT COLLINS By: Jm NAAdAAm- Print Name: JeY166 W kl Title: A-CCbyhfw-- 1 .16 (41 � A ByisJa . O'Neill, II, CPPO Director of Purchasing and Risk Mgt. Observed Problems Vendors are expected to immediately advise City Fleet contact personnel by phone if any of the following items are noted: - low brake fluid level (do not refill) - worn serpentine belts - worn or damage windshield wiper blades - inoperative lights - serious fluid leaks - safety concerns or damaged components These issues should also be noted on the billing invoice. Training of vendor personnel: Each selected vendor will be expected to train their employees in the proper procedures to follow for servicing City vehicles and billing for those services. Creditr cards will not be used to pay for oil change services. "Next Service" stickers must indicate a 5,000 mile service interval. Do not enter a date. Invoicing: Invoices must show the price for the Standard Service and the cost of any additional oil, drain plug gasket, or drain plug with gasket. No other services or parts will be paid for. Note observed maintenance issues on the invoice. Identify vehicle by at least two of the following: Unit number, VIN, or license plate number. Invoice must include the printed name and signature of the City driver. Fax or email invoice to Jan at Operations Services within five working days. Fax: 970-221-6534, email: iwatson(a)fcgov.com �'3Z.00m if the VV1wY.*. os oJrec.ia. So 1v'O'a^ h Bid 7157, Pricing: 4e Pa(t► w%11 J✓o 0 At) +30A 00 Price for oil change service including filter, up to five quarts of oil and all services listed as Standard Service, above. Brand and trade name of oil to be used in City vehicles: 17tob� i Brand and trade name of oil filters to be used in City vehicles PUra d a foe, Include, with your bid, a specification sheet for the oil to be used in City vehicles and any pertinent technical information about the oil filters to be used. Additional Services: List any services you will include with the Standard Service at no extra charge. 1. ReAce Oar it -Vines. w I 4h V114^5en , 2. 3. 4. Facility Locations: Street address: Phone No. Contact person: '2626 Sow►.-110.,1jK Q70 -aa-S-14 Ifo S�sG�► HLioPs ik Nyres, Mobil Clean Motor Oil Phil Mobil Clean Motor Oil Premium Automotive Engine Oil Product Description Pagel of 2 Mobil Clean Motor Oil is formulated from quality base stocks combined with the most modern performance additives, including an advanced detergent system to provide excellent engine cleanliness. These oils protect against sludge and engine rust and corrosion under low -temperature operating conditions. Pour depressants and a viscosity index (VI) improver are included, where required, to provide the desired viscosity - temperature and low -temperature fluidity characteristics. Mobil Clean Oil is available in five multi -viscosity grades: SAE 5W-20, 5W-30, 10W-30, 10W-40, and 20W-50 Mobil Clean Oil 5W-20 has been introduced to meet the latest requirements of Ford and Honda. It meets the latest Ford Specification WSS-M2C 930-A. Mobil Clean Oil 5W-20, 5W-30 and 1 OW-30 contain friction -reducing additives. These viscosity grades are classified by the American Petroleum Institute (API) as "Energy Conserving" engine lubricants, and meet ILSAC GF-4. Features and Benefits Excellent engine cleanliness . • Engine protection under a wide variety of operating conditions Satisfies the latest oil requirements of gasoline engine manufacturers (5W-20 recommended for certain Ford and Honda's) • Fuel efficiency (Mobil Oil 5W-20, 5W-30 and 10W-30) • Excellent protection for high-performance engines • Helps reduce engine wear and corrosion • Helps keep engine clean • Easy cold starting Applications Mobil Clean Oil 5W-20 is recommended for vehicles which call for an API certified, 5W-20,viscosity grade engine oil such as 2001 and newer model year Ford automobiles, 1998 and newer model year Honda Accords, and 1996 and newer Honda Civics. It is also recommended for 2005 Chrysler vehicles where a 5W-20 is recommended. This unique viscosity grade should be used only in automobiles that require a 5W-20 lubricant and it is not recommended for use in other vehicles. Mobil Clean Oil 5W-30 and Mobil Clean Oil 1 OW-30 are recommended for gasoline fueled automobiles and light duty trucks requiring an API SM, SL, SJ or SH product. They meet ILSAC GF-4 (Starburst Certification Symbol). Mobil Clean Oil 10W-40 is recommended for gasoline fueled automobiles and light duty trucks where a higher viscosity oil is preferred or recommended and where an API SM, SL, SJ or SH product is required. Mobil Clean Oil 20W-50 is recommended for high-performance engines found in race and rally driving. It has a higher viscosity reserve which provides engines with full protection under higher operating speeds, temperatures, and other adverse conditions. This product is also recommended for gasoline fueled automobiles and light trucks where a higher viscosity oil is preferred or recommended. Before using a Mobil Clean Oil, consult the owner's manual of the vehicle for the manufacturer's recommended viscosity grade and API Service Classification. Specifications and Approvals Mobil Clean Motor Oil meets the following industry 5W-20 5W-30 10W-30 10W-40 20W-50 specifications: API SM X X X API SL X X X X X API SJ X X X X http://www.mobil.com/USA-English/Lubes/PDS/GLXXENPVLMOMobil_Clean Oils.aspx 7/12/2010 Mobil Clean Motor Oil Page 2 of 2 Mobil Clean Motor Oil meets the following industry specifications: 5W-20 5W-30 1OW-30 1 OW-40 20W-50 API SH X X X X ILSAC GF-4 X X X Mobil Clean Motor Oil has the following builder approvals: 5W-20 5W-30 10W-30 10W-40 20W-50 Ford WSS-M2C930-A X Ford WSS-M2C929-A X GM 6094M X X Chrysler MS 6395 X X X Typical Properties Mobil Clean Oil 5W-20 5W-30 1OW-30 10W-40 20W-50 API Service Classification SM SM SM SM SM Gravity, API 33.6 33.0 29.2 29.3 27.4 Specific Gravity 0.857 0.860 0.876 0.880 0.890 Pour Point, �C (F -30 (-26) -39 (-38) -36 (-33) -33 (-27) -27 (-17) Flash Point, �C (7), ASTM D 92 200 (392) 200 (392)_ 20 0 (392) 200 (392) 200 (392) Viscosity cSt at 40'C 47 62 71 97 162 cSt at 100'C 8.3 10.5 10.6A 14.0 18.1 CCS, cP 4900@ -30 9C 5500 @ -30'C 6300@ 25 t 6100 @ -25 t 8 200 @ -15 t MRV, cP 22000@ -WC 17,000 @ -35 9C19,500@ -30 r, 35,000 @ -30 -C 24,000 @ -20 `C, Viscosity Index 153 159 137 147 124 Energy Conserving Yes Yes Yes No No Health and Safety Based on available information, this product is not expected to produce adverse effects on health when used for the intended application and the recommendations provided in the Material Safety Data Sheet (MSDS) are followed. MSDS's are available upon request through your sales contract office, or via the Internet. This product should not be used for purposes other than its intended use. If disposing of used product, take care to protect the environment. The Mobil logotype, the Pegasus design and Mobil Clean Motor Oil are trademarks of Exxon Mobil Corporation, or one of its subsidiaries. Exxon Mobil Corporation 3225 Gallows Road Fairfax, VA 22037 1-800-ASK MOBIL (275-6624) Due to continual product research and development, the information contained herein is subject to change without notification. Typical Properties may vary slightly. This product data sheet is based on global product data sheets for use with products purchased in the U.S. @ 2001-2010 Exxon Mobil Corporation. All rights reserved. http://www.mobil.com/USA-English/Lubes/PDS/GLXXENPVLMOMobil_Clean Oils.aspx 7/12/2010 Exhibit A: Scope of Services Standard Service: At a single standard price for FWD, AWD, RWD and 4WD vehicles, oil changes must include: 1. Drain engine oil and refill with up to five (5) quarts of oil 2. Replace oil filter 3. Check and top off: - power steering fluid - windshield washer fluid - engine coolant - battery fluid (except for sealed batteries) - transmission/transaxle fluid - differential oil 4. Check and adjust tires to recommended pressure 5. Inspection of: - brake fluid (transparent reservoirs) - serpentine belts - exterior lights - windshield wiper blades 6. Chassis lubrication (where applicable) 7. Clean: -exterior windows - vacuum interior floors Oil Quality Oil used in the Standard Service must be a major brand oil such as Shell, Mobil, Conoco, Valvoline, and Pennzoil in SAE 5W30 weight for the City's light duty vehicles, unless a different weight oil is specified by the vehicle manufacturer. Oil must meet ILSAC GF-4 and API SM requirements for any oil used. In addition, the oil used must meet or exceed the specifications for FormulaShell Engine Oils of the same SAE grade. Additional charges: Oil: for engines with an oil capacity exceeding five quarts, the vendor may charge up to $4.00 for each additional quart required. The City will not pay for oil added in excess of the specified oil capacity of the vehicle. Drain plug and/or gasket: The City will pay up to $1.00 for a drain plug gasket and up to $3.00 for a replacement drain plug with gasket. Observed Problems Vendors are expected to immediately advise City Fleet contact personnel by phone if any of the following items are noted: - low brake fluid level (do not refill) - worn serpentine belts - worn or damage windshield wiper blades - inoperative lights - serious fluid leaks - safety concerns or damaged components These issues should also be noted on the billing invoice. Training of vendor personnel: Each selected vendor will be expected to train their employees in the proper procedures to follow for servicing City vehicles and billing for those services. Credit cards will not be used to pay for oil change services. "Next Service" stickers must indicate a 5,000 mile service interval. Do not enter a date. Invoicing: Invoices must show the price for the Standard Service and the cost of any additional oil, drain plug gasket, or drain plug with gasket. No other services or parts will be paid for. Note observed maintenance issues on the invoice. Identify vehicle by at least two of the following: Unit number, VIN, or license plate number. Invoice must include the printed name and signature of the City driver. Fax or email invoice to Jan at Operations Services within five working days. Fax: 970-221-6534, email: jwatsonCa�fcgov.com Bid 7157, Pricing: $ �vi5 Price for oil change service including filter, up to five quarts of oil and all services listed as Standard Service, above. Brand and trade name of oil to be used in City vehicles: M(b I 513D Brand and trade name of oil filters to be used in City vehicles "1'V( IW Include, with your bid, a specification sheet for the oil to be used in City vehicles and any pertinent technical information about the oil filters to be used. Additional Services: List any services you will include with the Standard Service at no extra charge. e 2. 3. 4. Facility Locations: Street address: Phone No. qjO L4q3 I I vq Contact person: Na SERVICES AGREEMENT Oil Change Services 2010 THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and' hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide Oil Change services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of two (2) pages, incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 1, 2010 and shall continue in full force and effect until July 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins 'Company Name: ,!5)rPIZL-Z; aje�� _ Operations Services - - Street Address: PO Box 580 Fort Collins, CO 80522 City/State/Zipy^I� :�ll/UI�LtI%S Phone: :Fax Email: 5XW s In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 4. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A". 5. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 6. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 7. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 8. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 9. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default.