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HomeMy WebLinkAboutResolution - 2018-R0178 - Texas Enterprises Dba United Oil & Grease - 05/24/2018Resolution No. 2018-RO178 Ite1n No. 5.13 May 24, 2018 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. 13950 as per ITB 18-13950-SS and related documents for Motor Oil and Lubricants for Citibus, by and between the City of Lubbock and Texas Enterprises, Inc. dba United Oil & Grease, of Austin, Texas. 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 May 24, 2018 JEFF GRIFFITH, MAYOR PRO TEM ATTEST: kw'h—A Af Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Bill flAerEon, Assistan�y Manager APPROVED AS TO FORM: r�1 Justin P 1tt, A siskant City Attorney ccdocs/RES.Contract 13950.Motor Oil and Lubricants for Citibus 04.16.2018 Resolution No. 2018-R0178 City of Lubbock, TX Contract for Motor Oil and Lubricants for Citibus Contract 13950 THIS CONTRACT made and entered into this loth day of May, 2018, by and between the City of Lubbock ("City"), and Texas Enterprises, Inc. dba United Oil & Grease, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Motor Oil and Lubricants for Citibus and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Motor Oil and Lubricants for Citibus. 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 are attached hereto and made part hereof, Contractor will deliver to the City, Motor Oil and Lubricants for Citibus and more specifically referred to as items one through nine on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. The contractor must maintain the insurance coverage required during the term of this contract including extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. 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. 5. 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. 6. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): INSURANCE (Copies of Endorsements will be Required) TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ® Occurrence ElW/Heavy Equipment ❑ XCU ❑ To Include Products of Complete Operation Endorsements OTHER: ® Pollution AUTOMOTIVE LIABILITY ® Any Auto per Occurrence EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate $1,000,000 Combined Single Limit $1,000,000 Each Occurrence Aggregate Auto Only - Each Accident Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY $ ® EMPLOYERS' LIABILITY $1,000,000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall been, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 day notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13' Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability 7. 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. 8. 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 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. 9. At any time during the term 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 times, reserves the right to audit Contractor's 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 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. 10. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 12. The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 13. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 18- 13950-SS, Specifications, and the Bid Form. This agreement includes incorporation of 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 4220.1F, 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. 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 LUB OCK JEFF GRIFFITH, MAYOR PRO TEM TTES"1 & my-YeT� ;f Rebecca Garza, eity Secretary APPROVED AS CON ENT: Bill � , o ,Ass' City Manager APPROVED AS TO FORM: Ju in P uitt, Assistant City Attorney CONTRACTOR BY Authorized Re res nta ' e Print Naafe ��// I- -. � W ,Y�/- . AddressA5b,� , I / 7f 76,2- City, State, Zip Code City of Lubbock, TX ITB 18-13950-SS Motor Oil and Lubricants for Citibus SPECIFICATIONS I. SCOPE OF SERVICES: • The successful vendor will keep stocking level at their warehouse in quantities enough as to not cause Citibus to buy oil and lubricants from any other source. • Delivery must be made with 24 hours after receipt of order. F.O.B to Citibus located at 801 Texas Ave, Lubbock, Texas 79401 II. REFERENCES: Supply a minimum of three references, which shall include the name and address of the company, contact name, telephone number and type of service provided. III. DOCUMENTS: Bidder must submit the following forms with their bid. Failure to do so may deem the bid non -responsive: • Statement of Eligibility • Affidavit of Non -Collusion • List of Similar Contracts • Buy America Certificate IV. TERM: The contract shall be for a term of one (1) year, said date of term beginning upon formal approval. The contract may be renewed for an additional two (2), one (1) year terms under the same terms and conditions upon written agreement from both parties. This agreement includes incorporation of 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 4220.1F, 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. BID FORM Motor Oil and Lubricants for Citibus City of Lubbock, TX ITB No. 18-13950-SS In compliance with the Invitation to Bid 18-13950 SS, 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 furnishing 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. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 18-13950-SS is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by tvnewriter. ITEM QTY UOXI DESCRIPTION r BRAND UNIT PRICE' BID EXTENDED COST Delivery Days ARO'* 1. 4000 GL Mobil Delvac Low Ash 15W-40 s q4 n(C) 0�,, B�xcii'' - ry 2. 275 GL Transynd `"� ( /'1/'tt�} 11 �/FJ•/. „ ,.•r 3. 220 GL Dexron II!/h•Iercon p 7 /ID 4. 825 GL SCA charged Pre -mix 50,50 PowercoolM j4f %,� ( `r 5. 65 GL Chassis Grease ( l temp;2e) /-Z rl S 6. 600 GL Urea exhaust tube 'D� f ) 7. 500 GL 5W-30 Conventional oil Z� �. 1 � 14uteo 8. 110 GL 75W-90 Synthetic Gearr oil t/` a 9. I 275 1 GL 1 80«'-90 Gear oil e---r-. I a i Total Items (1-9) •tintf+r. r n D n-•:__.x-_ r__e_-_. s t 1 Q .....�,.... Lc�......�x,,.., r i cxbut rue -raid and Allowed "Days Alter Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for Motor Oil and Lubricants for Citibus with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERNIS AND DISCOUNTS - Bidder offers a prompt payment discount of °o, 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 5 Purchase/Bu.° Ikea' IM 18.13950-SS Motor Oil and Lubricants for Qtibus 4 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'sen ices; does not include an element of profit on the sale in excess of that normally obtained b) the Bidder on the sale of produets'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 price(s) 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. 1NTERLOCAL 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 b) 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 sliall indicate on the Bid Form in the space provided below if he'she will lionor 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 Frenship 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, Nest Texas Municipal Power Agency, Lynn County, and City of « olf7orth. YES_ V 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 mate rials'services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock xvill 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 w ill order their own materials.service as needed. ylc, THIS BID 1S SUBMITTED Bl�e 4Wer /' lJoS. a corporation organized under the laws of the State of or a partnership consisting of ` " or individual trading as City: Au 13+i j Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date MAN'BE Firml woman Hispanic American of the City of Black American Native American Asian Pacific American Other(Snecift) Any entity or person that manufactures, distributes, converts ne%% motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buy ing, exchanging, or selling new motor vehicles is required under the Tee. Occ. Code. Chapter 2301 to be licensed b) Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: S PurchasclBid thxy'IM 18-13950-SS \tutor Oil and I.ubric=ts t'or Cuibus 5 1. Name and Manufacture's License No. 2. Name and Com,erter's License No. 3. Name and Representative's License No. =4. Name and Franchise Dealer's License No. General Distinguishing Iuihori_ed Representative 11n1tst sign Officer Name and Title:_ Please Print (Franchised TX dealer) Business Telephone Number D fi FAX: 51 4��9'`_3 j3(% E-mail Address 17 d`GGL%I:.i FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firmlindividual: Date of Award by City Council (for bids over S50,001): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORA ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF POUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-335087 Texas Enterprises, Inc. dba United Oil & Grease Austin, TX United States Date Filed: 04/05/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock - CitiBus Date Acknowledged: 04/16/2018 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. 18-13950-SS Motor Oil and Lubricants 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Texas Enterprises, Inc. Austin, TX United States X F S Holdings, Inc. Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is 1 , (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 day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-335087 Texas Enterprises, Inc. dba United Oil &Grease Austin, TX United States Date Filed: 04/05/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock - CitiBus Date Acknowledged: 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. 18-13950-SS Motor Oil and Lubricants 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Texas Enterprises, Inc. Austin, TX United States X F S Holdings, Inc. Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION n My is e4 /�/ a A'S name and my date of birth is , My address is T)( (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in \ �w ` < 61J County, State of , on the day o onth) (year) !(ARENi MASUR PNILLIPS NOTARY PUBLIC +� State cf Texas SignaturIf. rized agent o ntracting business entity COMM. Fx�', ;_A-03-2019 (Declarant v!11 a V!uv1 uu .,y 1 UraZ� F_unw %,U,nnu:swn www.etnlcs.state.Tx.us Version V1.0.5523