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HomeMy WebLinkAboutResolution - 2012-R0052 - Contract - Continental Batteries - Batteries - 01_26_2012Resolution No. 2012-R0052 January 26, 2012 Item No. 5.30 RESOLUTION 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 cecute for and on behalf of the City of Lubbock, Contract No. 10394 for batteries for itibus, by and between the City of Lubbock and Continental Batteries, and related )cuments. Said Contract is attached hereto and incorporated in this resolution as if fully I forth herein and shall be included in the minutes of the City Council. by the City Council on January 26, 2012 TOM MARTIN, MAYOR 'I TEST: Q -�&"- -9< - Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: Whiteassistant City Manager APPROVED AS TO FORM: I Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Continental Battery January 10, 2012 Resolution No. 2012-R0052 CONTRACT NO. 10394 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES For Transit Bus Batteries Bid No. 12-10394-DG THIS CONTRACT, made and entered into this 26`" day of January, 2012, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Continental Batteries, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Transit Bus Batteries 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 heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said, Transit Bus Batteries. 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: 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, Transit Bus Batteries, specifically referred to as Item(s) No. 1-5 on the Bid Form and more particularly described in 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 procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 3. The contract shall be for a term of three (3) years, said date of term beginning upon formal approval. The contract may be renewed for additional two (2) one (1) year terms under the same terms and conditions upon written agreement from both parties. 4. 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. 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. The contractor shall obtain and maintain in full force 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- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Worker's Compensation Statutory and Employers Liability $500,000 Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f Contractual liability g. Medical payments Combined single limit for bodily injury and property damage of $200,000 per occurrence or its equivalent. Comprehensive Automobile Combined single limit for Liability insurance, including bodily injury and property Coverage for loading and unloading of $200,000 per occurrence hazards, for: or its equivalent. a. Owned/leased vehicles b. Non -owned vehicles 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. 7. 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 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 # 12- 10394-DG, 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 ATTEST: Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: uincy Whi Assistant City Manager APPROV AS O FORM: Chad Weaver, Assistant City Attorney CONTRACT BY AdWorized Representative Print Name Address f2/ 7 � In L,,,,. � e G11c/ )5, _ 7q �Z `i Resolution No. 2012-R0052 ITo tt•ratt4-oG iRAV3tT 110i aA fttR1ES BiD FORM City of Lubbock, TX Purchasing and Contract ManaQemeet Transit Bus Batteries iTB Ko. 12-10394-OG In compliance with the invited" to Ble II-Itil11-DC the wtdastgned Aiddv having ecamtnaf the invitaation to Bid and Spdetlkoioru, and bnng lamellar with the ctttatitgns to he ton, hereby vArni a the following Bid for flanishing the "Wend, egaipmrnl, labor aid everything nei; s ror prcividing the items listed below and agues to deliver wW iierns at the kiatian uW for the prices iR forth on this fort The invitation to Did 12.10394. DG is by rcference incorporated in this cuneraci, The Bid Form inert be camplrwil in blue or black Wh or by typewriter. ITEM QTY UOM UNIT EXTENDED °Delivery "Core (+/.) DESCRIPTION PRICE" COST days ARO ChmV e b axis 1 130 EA ✓ 1) SIDE POST batteries with a S S ee S e `%p : CCA ratio of no lethan 1300 il3 J 755 a 2 130 EA Gmup 31 top poet batteries with a S oT: r S VIP $ ," 20 CCA ratinA of at least 925 91150 3 15 17;i Oddeasy deep cycle top post with a 3 oa 319 "- $ , o 5� l E v� t? CCA ratio of at least 923 ,2 4 TOTAL 5 °P1tl1CC: P.0.1L Destination, Freight faro -paid and Waded in Bld Price *After Receipt of Order (ARO) "Core Charge only to be used is the event that Citibuk cannot provide a one to one trade. ITEM DESCRIPTION Monthly Tam Annual Contract Contract Rate Rate 5 Once per week pick up all batteries that have been removed from $ X 12 $ No c y c service. Please we Vecificatiorm Unliew otharwlse specified bereitt, tilt Cky may award the bid either item4y-heist or as an all -or -mono basis for eras item or group of Item shown on the bid. PAYMENT TERMS AND DiSM NTS - Bidder of rats a peonpr p■yie diocouraof _,&_ VA nd jQ. c&kndw drys. Diaaaela we ass M ceaddend In eMMtntietag M u1. Unieer oeherviw indkeeed on the OW Fom% pay so recur will to NET THIRTY DAYS. That City will pity the strecesafW bidder within thirq days tiler the receip of a correct invoice or &Aw the date of amsq*wca. whichever event occur lager- Discounts fur promp pey,nett requiring Miymret by the City within a stipulated rionl ar of days will be tnierpisssd as applying within the stipulated numbers of calends days aftr the dart of mccipi by the City of a cortett invoice or ails the data of acceptance that meets connace rawww tenta, whichever event occurs low. Discounts !bat payment by less than vat der will not be considered. MOST FAVOURED PRK MY Tire Bidder certifies that the Milne grind is not in etcan of the lowee Mice chw$W anyone elan, ineliadiitg its revoat favaaed cueorner, car lake q►rlity and queuky of the producWserviom does not inckide an eletrvrnt of proM on the sale in excess of that notmialhy obtained by The Bidder on the heir of produeWetevice of trite gWNy tied gtreraity; ad dna no iriehide any proviaioa for dhcotrvaa no selling agents. Ir ere any time during the cvnowl Period, der Agvier *XMW sail or of%r for sale to any other cuotortnr, an tigiri or kae "mity of simile canary products of like or barer q mft ai a lower net Mit4al tans piarvidod herein, supplier agrees b notify the City and sell erne prodmi(y at the lower pricels► on ail deliveries madam during The period W which %Kh Moir prkWal h efketivw. INTERLOCAL PURCHASM Mieoom# Tie City drtak" so mike available to other local guvataernW aiilis of the Slam of Tettak by rtndtiel tigrarttrt wiift the tatccessfW bidder, end oteperfy titralorizad Itwerbnl pachaairig agsnTamerib ar provided for by the harlocal Coeperetkm Ace (CTtaptf 791, Oovernne t Codak the tigle to ptrdme the sanre services. at the pica qumrad, for the period orihb contract. Each bidder diall indicant on the Bid Form in the space peovldad below H hdshe well how Political Subdivision order in addition to orders Prom the City of LW6oelr. Shtwld then other govertmmiaf entities decide to perticiMUc in This contraet. would you (the bidder) tipa that all terns conditions, spociAcsilotm grid pricing would apply? Other pver+sestal eedtha do talliM her hslerrsb to lab testrati are Inedtlp fst epeeA ScMN District. Labbeelt 114 oieg Aotlinrky, Lobbeelt C Labbe k Castity Itaapttat DWAK Laihoei ir/epee- -I School District. %sib Philter Aweeletles of GovetsuneMe, Chy at Teaarkaas, an Tab L'alverdly. Wert Tean Hank awn Cky of Welfllsrelt. Ipal Agency L}sta County, erred YES NO l rd 11-10394-b[r rRANSIT OLS SAFURIFS • 11 you (the hiddcr) checked YES, the following will apply. • (imernincntal critities utilizing Interlocal Agtexmrits for Cooperative Purchasing with the City of Lubbock w ill he eligible. NA roast obligated, to purchase ma[Cris ls/scrvices under tar contract(s) awarded as a result of this solicitation. All purchases by govemmmial entities other than the City of I ubbock will be hulled directly to ihat go+emirrntel entity and paid by ihan govemmenial cntity. City of Lubbock will no( be re-4ionsible for snoihtr go/yemma/tt♦l eruity's debts. Each gocejm%mental entity will wder their own matenaWservice as needed. I HIS BID IS SI RMITTED BY L .',� l , = 6:1 R ' �r � s ■ corparmiou organimd dada the laws of the State of k a 1 ur a partnaship i omiuing of or an indlc idual trading as 1 / ]]of the City of Firm- may, ,.,� 1 � P_� }w � / ,211 Addraa f�QE/t� 3 City-& 14 } 1' r Stale •-,- zip \UWRE Firm I I womm Black Arncncsm Native Amaxan ORker Naar and AR AM.zed RrprYseit06W -duress it" bl' A*" Plea" Pr1a1 Busirvcsr Telephone Number 1 U` 7 -, - 41V FAX d �� 7 l -y t/ E-MailAddksa Sr/orl��'S (041�,,vev,> pryr.y/.CO+'+ LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 9 City of Lubbock, TX Transit Bus Batteries 1TB 12-10394-DG Bid Tabulation January 26, 2012 BID 12-10394-DG Transit Bus Batteries Item U/M Qty Description/Vendor Location Unit Cost Extended Cost I EA 130 81) Side Post batteries Continental Batteries Lubbock, TX 135 17,550 Battery Solution Lubbock, TX 177 22,945 Texas Battery Lubbock, TX 190 24,697 Interstate Battery Lubbock, TX 198 25,734 2 EA 130 Group 31 top post batteries Continental Batteries Lubbock, TX 65 8,450 Battery Solution Lubbock, TX 70 9,136 Interstate Battery Lubbock, TX 83 10,784 Texas Battery Lubbock, TX 99 12,864 3 EA 15 Odyssey Deep Cycle Batteries Continental Batteries Lubbock, TX 319 4,785 Battery Solution Lubbock, TX 425 6,368 Interstate Battery Lubbock, TX 550 8,249 4 SVC 12M Weekly Service Continental Batteries Lubbock, TX *N/C Texas Battery Lubbock, TX 125 1,500 5 Totals Continental Batteries Lubbock, TX $ 30,785 Battery Solution Lubbock, TX 38,450 Texas Battery Lubbock, TX 39,061 Interstate Battery Lubbock, TX 44,766 * No Charge 01!26.'2012 QP—hosing. laid ❑ocumen Is 2011 ITB 12-16344-DG- TRANSIT BUS BATTERIES City of Lubbock, TX Purchasing and Contract Management Transit Bus Batteries ITB No. 12-10394-DG TRANSIT BUS BATTERIES SPECIFICATIONS The City of Lubbock/Citibus is soliciting bids to procure heavy duty transit bus batteries from a qualified vendor(s) to supply and deliver batteries. 1. Battery Type and performance Specifications a) 8-D SIDE POST batteries with a CCA rating of no less than 1300 b) Group 31 top post batteries with a CCA rating of at least 925 c) Oddessy deep cycle top post with a CCA rating of at least 925 2. Service and Delivery a) Once per week pick up all batteries that have been removed from service. b) Deliver in the same week the batteries that were picked up and replace Transit Bus Batteries stock. c) Successful vendor will check & charge all battery pickups and return if good fully charged, to Citibus, located at 801 Texas Ave, Lubbock, Texas 79401 3. Warranty a) Battery will have a service life of 5 years with a full warranty of battery for 4 years. b) Successful vendor will issue immediate credit on all batteries that failed during their warranty period. 4. Core charge only to be used in the event that Citibus cannot provide a one to one trade. 5. Industrial and Hazardous Waste a) The successful bidder shall handle and dispose of all hazardous wastes in compliance with all local, state and federal laws and regulations and all applicable rules of the Environmental Protection Agency. 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. 23