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HomeMy WebLinkAboutResolution - 2011-R0346 - Contract - A-1 Freeman North American Inc.- Transport 40' Buses - 08/11/2011Resolution No. 2011-80346 August 11, 2011 Item No. 5,11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10157 to transport twenty-six 40' Buses from Cleveland, Ohio, by and between the City of Lubbock and A-1 Freeman North American, Inc. of Dallas, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 11, 2011 TOM MART , MAYOR ATTEST: Garza, City S APPROVED AS TO CONTENT: Quincy Wkg/, Assistant City Manager S T FORM: APPROVED, Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-A-11 Freeman North American, Inc. July 27, 2011 Resolution No. 2011—RO346 ITS 11 -10157 -MA CONTRACT FOR SERVICES Transport 26- 40' Buses from Cleveland, OH to Lubbock, TX CONTRACT NO. 10157 THIS CONTRACT. made and entered into this I l"' day of August , 2011, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and A-] Freeman 'forth American, Inc. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Transportation 26 — 40' Buses from Cleveland, Ohio to Lubbock, Texas and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor. the City of Lubbock has accepted such bid, and authorized the execution, in the naive of the City of Lubbock a contract with said Contractor covering the purchasing and delivery of the said transportation of buses from Cleveland Ohio to Lubbock, Texas. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the transportation of 26 — 40' buses from Cleveland, Ohio to Lubbock, Texas and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The Contractor shall perform the work according to the procedure outlined in the specifications attached hereto 3. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 4. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under the Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 6. The contractor shall obtain and maintain in full forge and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- V11 or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Commercial General (public) Liability insurance including coverage for the following. a. General Aggregate 2,000,000, Automobile Liability Combined single limit for Liability insurance, including bodily Injury and property -5,000.000 — Any Auto Workers Compensation Dago 21 of 23 ITB 11 -10157 -MA Statutory Amounts: $500,000 The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's to include Products and Completed Operations. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. 7. if at anytime during the life of the contractor any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 8_ Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. This Contract consists of the following documents set forth herein; Invitation to Bid No. 11 -10157 -MA, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK: Tom Martin, Mayor Rebecca Garza, City :Secretary APPROVED AS TO CONTENT: + f W uincy White, s ant City Manager API'ROVEI� Assistant City Attorney C OTRACTO BY Authorized Represcntati 's Signature aka MIApA,b1- Address rias 75.]. !q City, State, Zip Code Purchasing & Contract Nanagernent Transport 26 - 40' Transit buses from Cleveland, Oh to Lubbock, Tx Page 21 of 23 10157 -MA BID FORM City of Lubbock Resolution No. 2011—RO346 ITB 11 - In compliance with the Invitation to Bid 11 -10157 -NM the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for fumishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid 11 -10157 -MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net prices) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are F'renship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • if you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. Page 5 of 23 UNIT OF UNIT Extended Delivery ITEM QTY MEASUR DESCRIPTION PRICE* Cost Days f/- E BID ARO** 1. 26 EA Transport 26 buses from Cleveland Ohio u $q f �, p° s ))'g5% -30tr �P to Lubbock Texas, per specifications *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net prices) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are F'renship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • if you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. Page 5 of 23 ITB 11 - 10157 -MA THIS BID IS SUBMITTED BYA' 1 Free w►aA ua rl Mfx 44. a corporation organized under the taws of the State of TSG s , or a partnership consisting of or an individual trading as of the City of Firm: ova Adh Amer�cAn.,nc , Address: �a I a- MOAAJf LL N f, City: D.JIr(xS Stater zip M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Authorized Repiksentattve - must sign by hand Officer Name and Please Print ©[r Business Telephone Number VL' 1,,1q FAX: 91 -55 6 ' fi Ul E -Mail Address: *1h ;Qht0Uer C% a — FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/IndividuaI: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: 6 Jf;f — LABEL THE OUTSIDE OF YOUR SEALED BED WITH THE ITB NUMBER, THE CLOSING DATE AND TME, AND YOUR COMPANY NAME AND ADDRESS. Page 6 of 23 City of lubbock, TX Citibus Bid Tabulation August 11, 2011 BID 11 -10157 -MA Transport of 30 40' Transit Buses to Lubbock from Cleveland Ohio Item Qty U/M DescriptionNendor Location Unit Cost Extended Cost 1 26 EA Transport 26 buses from Cleveland Ohio to Lubbock Texas, per specifications American Transit Works, Inc. Lamar, CO $ 4,305 *NQAS A-1 Freeman North America Dallas, TX 4,945 128,570 L.E Ryan, Inc. Lenexa, KS 5,688 147,888 360 Industrial Group Lubbock, TX 12,000 312,000 *Not quoted as specified WPURCHASESid Documents\Marta\2011-MA111-10157-MATransportation