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HomeMy WebLinkAboutResolution - 2022-R0139 - PO 27121401 with Creative Bus Sales 3.22.22Resolution No. 2022-RO139 Item No. 7.27 March 22, 2022 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, Purchase Order 27121401, for the purchase of ten (10) New England Wheels Front Runner Vans, by and between the City of Lubbock and Creative Bus Sales, Inc., of Chino, California, and related documents. Said Purchase Order 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 ATTEST: Reb tca Garza, City Sec to APPROVED AS TO CONTENT: ;er APPROVED AS TO FORM: RyA B oke, As stant City Attorney RESTO 2712140 1 -Creative Bus Sales, Inc. 2.28.22 March 22, 2022 DANIEL M. POPE, MAYOR PURCHASE ORDER TO: CREATIVE BUS SALES INC 14740 RAMONA AVE CHINO CA 91710 TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 3/22/2022 Requested 6/22/2022 Delivery PER R WILSON REQ 58540 Description/Supplier Item New England Wheels Frnt Runner Vans Terms NET 30 Freight Taken By Page - Date - 2/25/2022 Order Number 27121401 000 OP Branch/Plant SHIP TO: Citibus PO BOX 2000 LUBBOCK TX 79457 BY: Marta Alvarez, Director of Pm+chasing and Contract Management K MORGAN CONTRACT SW0797C / PUR 16446 Ordered Unit Cost UM Extension Request Date 10.000 159,151.0000 EA 1,591,510.00 6/22/2022 Total Order 1,591,510.00 271 This purchase order incorporates the current Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. This purchase order encumbers funds in the amount of $1,591,510.00 awarded to Creative Bus Sales, Inc. of Chino, CA, on March 22 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated February 9, 2022, from Creative Bus Sales, Inc. of Chino, CA, and Contract SW0797C. Resolution # 2022-RO 139 CITY OF L OCK ATTEST: Daniel M. Pope, Mayor yRee Garza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: SALES TAX EXEMPTION The goods and services provided for this project are exempt from the Limited Sales, Excise and Use Tax imposed by Chapter 20, Title 122A, Taxation -General, Revised Civil Statutes of Texas WARRANTY OF TITLE Contractor warrants to the City of Lubbock, its successors and assigns, that the title to the material, supplies or goods covered by the contract, when delivered to the City of Lubbock or to its successors or assigns, shall be free from all liens and encumbrances. PRODUCT/SERVICES WARRANTY Contractor warrants that the goods furnished under this contract conform to the contract description, are free of defects in materials and working conditions, are fit for the ordinary purposes for which such goods are used, ran of even kind, quality and quantity within each unit and among all units involved, are adequately contained, packaged and labeled as the agreement may require and conform to the promises or affirmation of fact made on the container or label, if any. If the contract is for services, Contractor warrants that the services furnished hereunder conform to the contract description All necessary repairs, renewals, changes or modifications in the goods due to defective materials and workmanship, occurring within twelve (12) months after final acceptance of the goods, shall be promptly corrected by the Contractor at his expense, including labor and materials, with minimum inconvenience to the City of Lubbock. Where specific items of goods are guaranteed by the manufacturer for periods exceeding those shown above, such guarantees are not voided by provisions of this paragraph. DELIVERY Unless otherwise stated in the specifications or bid forms, the price stated in this purchase order includes freight and/or delivery charges Complete delivery must be made within LO calendar days after the date of the Purchase Order Delivery will be F.O.B.the City of Lubbock C/O Citibus 801 Texas Ave Lubbock Texas, unless otherwise specified The Contractor shall • perform all packing, shipping, and freight of goods procured by this contract; • assume all responsibility and risk of loss incident to said deliveries; • clearly mark all crates delivered to the site with the Contractor's name and identification of the contents by number of pieces and item number for each piece, and the City of Lubbock Purchase Order number. TERMINATION OF CONTRACT Termination for Convenience The City of Lubbock may terminate this contract, in whole or in part, at any time without cause and solely for the convenience of the City of Lubbock by giving thirty (30) calendar days written notice to the Contractor The Contractor shall be paid fees and expenses for work performed up to the time of termination provided the Contractor submits an itemized claim within thirty (30) calendar days of the termination If the Contractor has any property in its possession belonging to the City of Lubbock, the Contractor will account for the same and dispose of it in the manner the City of Lubbock directs Termination for Default In the event that the Contractor breaches the terms or violates the conditions of the Contract to be awarded, and does not within ten (10) calendar days of wntten notice from the City of Lubbock cure such breach or violation, the City of Lubbock may immediately terminate the Contract, and pursue any and all legal and equitable remedies available to it against the Contractor. Indemnification: the contractor shall indemnify, keep and save harmless the city of Lubbock, its agents, officials, and employees, against all suits or claims that may be based on any injury to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the contractor, whether or not at shall be claimed that the injury was caused by the negligence of the City of Lubbock, its officers, employees or agents. Contractor shall, at his own expense defend any and all actions, and shall at his own expense pay all charges of attorney fees and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the city of Lubbock in any such action, the contractor shall at his own expense satisfy and discharge the same BILLING. Invoice(s) shall be submitted in duplicate to Accounts Payable, City of Lubbock, P.O. Box 2000 Lubbock, Texas 79457. Each invoice shall contain the following information: purchase order number, item number, brief description of goods, sizes, serial numbers, quantities, unit prices, and total and applicable project numbers. PAYMENT TO CONTRACTOR. Terms shall be net thirty (30) calendar days after receipt of an invoice and after acceptance of the goods by the City of Lubbock, whichever is later Indic event payment is not made within thirty (30) calendar days, the Contractor shall submit a reminder invoice marked overdue. If the invoice contains an error, the invoice will not he classified as a properly submitted invoice DISCOUNTS. Discounts that are included in offers become apart of the resulting contracts and are binding on the Contractor for all orders placed under the Contract Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement between the City of Lubbock and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractors failure to so comply shall constitute a material breach of this contract INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS: The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.IF, dated March 3, 2013. are hereby incorporated by reference Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement The Contractor shall not perform any act, find to perform any act, or refuse to comply with any the City of Lubbock requests that would cause the City of Lubbock to be in violation of the FTA terms and conditions W W W FTA DOT GOV As required under the OSHA H a•rd Communication Standard 29 CFR 1910 1200, a material safety data sheet (MSDS) must precede or accompany the initial shipment of any hazardous material defined as such under the Act For items previously ordered, an MSDS must also be supplied if the MSDS has changed since the previous shipment. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all fors of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herem are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. The City Right to Audit At any time during the ter of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable limes, reserves the right to audit Contractors records and books relevant to all services provided to the City under this Contract In the event such an audit by the City reveals any enors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments —thin 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. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). Master Agreement For Federal Transit Administration Agreements authorized by 49 U S C chapter 53, Title 23, United States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act A Legacy for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the 21 st Century, as amended, the National Capital Transportation Act of 1969, as amended, the American Recovery and Reinvestment Act of 2009. Pub L I I 1-5, February 17, 2009, or other Federal laws that FTA administers FTA MA (29) February 7, 2022 https://www.transit.dot.gov/funding/grantee-resources/sample-Ra-agreemcnts.fta-grant-agrcementsThe Master Agreement can be found in its entirety on the City of Lubbock website www.ci lbbock tx us/ Lone Star Type O - Front Ramp Full Size Conversion Van 07 A.: Creative Bus Sales State of Oklahoma Contract SW0797C FY 2022 Preparer: Brent Roy Base Model Lone Star Promaster 3500 3.6L V6 9,350 GVWR LONE STAR ADA _Vans A Division of Mt`RM � Total q CDL Vehicle Length Lift Position WC Positions Passengers Required 23' Front 1 2 14 INo QTY Vehices: 10 Total Contract Price: $ 1,591,510.00 Customer Info Base Model Price: $ 119,920.00 Options: $ 3,450.00 Other Available Options: $ 32,936.00 Unpublished Options: $ 2,845.00 Per Vehicle Price: $ 159,151.00 Customer: Citibus Address: 801 Texas Ave, Lubbock, TX 79457 Contact: Chris Mandrell Office Phone: 806-712-2001 Mobile Phone: 806-777-6270 E-Mail: cmandrell(ri4tibus.com rloorplan -� w-M[ILOWiMA �wttcxvlw• 1 - 1y • _ nol •vim« ' �f vt•+fk-� MiiltlltNi t•M—� \\ � �LWuI WiiICNNsu �N}l9p[fM[v�x.R.l INY 2/28/2022 I.� Base Model Features Type O - Front Ramp Full Size Conversion Vann Chassis Ram Promaster 3500 High Roof chassis - 9,350 GVWR, 159" WB EXT 3.6L V6 24V VVT gasoline engine 6-Speed Automatic 62TE Transmission 220-amp alternator Power -assisted hydraulic front & rear disc brakes 4-wheel anti -lock brake system 22-gallon OEM fuel tank 16"x6" aluminum wheels Cruise control Cloth driver and co-pilot seats Driver/Co-pilot sun visor Power windows Power door locks Power -heated mirrors OEM chassis dash heater, A/C, and defroster Bright white clear coat Body Lowered floor behind driver/co-pilot for ADA access Driver side step Electric passenger entry door (A&M Systems) 3-pt passenger seat belts ABS interior paneling - walls and ceiling Altro flooring ADA Manual swing away ramp providing 32" usable width One (1) set of Q'Straint retractable wheelchair securement systems ADA interlock ADA-compliant ramp and door entrance lighting Safety 5 lb. fire extinguisher First aid kit Emergency triangle kit Backup alarm Emergency window 2/28/2022 Options MY Description FY 2022 List Price QTY Total 1 Bus camera system $ 3,4S0.00 $ 3,450.00 Subtotal Manufacturer Options: $ 3,450.00 Other Available Options MY Description FY 2022 List Price QTY Total 1 Bus body in lieu of van body New England Wheels Frontrunner $ 29,580.00 $ 29 580.00 1 Mtraint InQline winch system $ 3,356.00 $ 3,356.00 Subtotal Manufacturer Options: S 32 936.00 CBS Unpublished Options Qty Description FY 2022 List Price QTY Total 4 Freedman Bantam wall mounted flip seats $ 495.00 $ 1,980.00 1 Upgrade Seon cameras stem to 6-channel DVR w/6 cameras $ 865.00 $ 865.00 Subtotal CBS Unpublished Options: $ 2,845.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are Interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-855094 Date Filed: 02/28/2022 Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Creative Bus Sales Irving, TX United States 2 Name of governmental entity or state agency that Is a party tot the contract for which the form is being filed. City of Lubbock, TX ]Date 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. SW0797C Buses and paratransit vans 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there Is NO Interested Party. X 6 UNSWORN DECLARATION /� My name is a► a n4 20+ and my date of birth is My address is Pip*)W A e- DgVe— K�lc�'dh 7 / 44& V-yp-, (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed In County, State of �' ` � on the -?'? Eday of 20 2� (month) (Year) Signetur f authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vi.1.191o5coc