HomeMy WebLinkAboutResolution - 2012-R0221 - Contract - Southern Tire Mart LLC - Citibus Tires - 05_30_2012Resolution No. 2012—RO221
May 30, 2012
Item No. 5.21
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. 10381-1 for tires for
Citibus, by and between the City of Lubbock and Southern Tire Mart, LLC, 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 May 30, 2012
GL NWT3ERAON,MAYOR
ATTEST:
l
;Reber a Garza, City Secretary
APPROVFD AS TO CONTENT:
�A'0- �' &UL�
Quincy , Assistant City Manager
APPROVED AS TO ORM.
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-Southern Tire
March 22, 2012
Resolution No. 2012-RO221
CONTRACT NO. 10381-1
CITY OF LUBBOCK, TX
CONTRACT FOR
TIRES FOR CITIBUS
THIS CONTRACT, made and entered into this 30"' day of May, 2012, pursuant to a resolution
heretofore adopted by and between the City of Lubbock ("City"), and Southern Tire Mart, LCC
("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Tires for Citibus and bids were
received and duly opened as required by law.
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of
authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering
the purchase and delivery of the said Tires 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 specifications
and bid are attached hereto and made part hereof, Contractor will deliver to the City the Tires
for Citibus specifically referred to as Items No. 3, 4 and 6 as the primary vendor and more
particularly described in the bid submitted by the Contractor or in the specifications attached
hereto.
2. The contract shall be for a term of three (3) years, said date of term beginning upon formal
approval by City Council. The contract may be renewed for two (2) additional one year
periods. Actual usage may be more or less. Order quantities will be determined by actual need.
Price adjustments may be allowed for "Pass Through" costs incurred by vendor. Requests for
price adjustments will be writing and will include documentation that substantiates additional
costs. Price adjustments may be allowed for "Pass Through" costs incurred by vendor.
Requests for price adjustments shall be in writing, and will include documentation that
substantiates additional costs. All requests will be received by the City 30 DAYS PRIOR to a
requested effective date for a price adjustment. Such adjustments must be acceptable to both
parties or the item(s) in question may be deleted from the contract with respect to further
orders, or the contract may be canceled and new bids solicited
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.
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
General Liability
Commercial General Liability
Auto Liability
Worker's Compensation
Employers Liability
AMOUNT
$1,000,000
$500,000
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. Copies of endorsement will be required.
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.
6. If at any time during the life of the contract or 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.
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.
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 Stich
amounts owing the City from any payments due Contractor.
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.
3. This Contract consists of the following documents set forth herein; Bid Form and
Specifications to Bid No. 12-1038l-DG.
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:
Glen o e son, a or
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy WIKJ, Assistant City Manager
APPROVE AS TO FORM:
Chad Weaver, Assistant City Attorney
CONTRACTOR:
r
B
Auth ' ed RepresentativePe
Print Name
Address
4k4nA.-N 744
City, State, Zip'Code
Resolution No. 2012—RO221
178 Uo Q-70.181-ZG T res!or Ciatrus-Annual Prt.ng
City of Lubbock, Texas
Purchasing and Contract 1lanacement
25,
BID FOR!rI
In compliance with the Invitation to Bid 13-10331-DG, the undersigned Bidder having examined the Imitation 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 ever) thing 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 12-10381-DG is by reference incorporated in
this contract. The Bid Form must be completed in blue or black ink or by n pewriter.
PURCHASED TIRES - Provide a price per tire for each ofthe below listed tire sizes. This price is the
amount that will be expected on the invoices. National Name brand tires only. No retreads or used
tires will be accepted. Please include case credit if applicable. ALL TIRES MUST BE STEEL
BELTED RIND STEEL SIDEWALLS
Item
***Tire Size / Tire Brand
Estimated
Qty
(+/-)
Per Tire
Cost
*Extended
Cost
**Delivery
Days
(ARO)
I
11:00%X22.5
R250ED H 2Oe973
250
$
1-10 DAYS
Tire Brand-BRIDUSTONE
for reusable casino S40-00
2
2 %90EQ: , 21GW6
250
S
S JdU,0W.Uu1
1-10 DAYS
Tire Brand-
Credit for reusable casing S
3
365/75R24.5j
250
$
$
1-10 DAYS
Tire Brand- FIRESTONE
Credit for reusable casing S -
-4
305/851122.5
18PLY (233126)
250
$555.00
S 138,750.00
1-10 DAYS
-
Tire Brand FIRESTONE
Credit for reusable casino S 65.00
5
245/70Ri9.5
R250F, G (227261)
250
S345.00
S
1-10 DAYS
Tire Brand-BRIDGSTONE
Credit for reusable casing S
6
225/751116
DURAVIS R250, E (20t33t31)
250
S
S
1-10 DAYS
Tire Brand-BRIGESTONE
Credit for reusable casina $
7
TOTAL
S 647,000.00
Unless othensise specified herein, the City may nivard the hid either item -by -item or on an oil -or -stone basis for nrn
item or ernun or items shown on the Rid Form.
'PRICE: VO.B. Destination. Freight Pre -Paid and Allotsed "Days After Receipt of Order (ARO)
*}* Fleet miles per month at Citibus are 2.5 million 0^
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt pa%merit discount of X 0 °o. net30calendar dais.
Discounts will not be considered in determining loss bid. Unless othen%isc indicated on the Bid Form. pa)nient terms will
be NET THIRTY DAYS. The Cit; will pad the successful bidder within thirty days after the receipt of a correct invoice or
alter the date of acceptance- whichever went occurs later. Discounts for prompt pa}ntent requiring pa}ntcnt b% the City
Page 4 of 27
ITS No 12.10781 •CG Tula for Cdibua-rinitual Pannq
within a stipulated number of days wilt be interpreted as apph ing %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 pa%ment in less than ten days t ill not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lo«est price charged
anyone else, including its most favoured customer, for like quality and quantity of the products�ser%ices-, does trot include
an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of producWservices 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 tower 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.
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 Frettshhp 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 X 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) a"arded 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.
THIS DID IS SUBMITTED BY SOUTHERN TIRE MART, LLC a corporation organized under
the laws of the State of MISSISSIPPI . or a partnership consisting of
or an individual trading as
of the City of COLUMBIA
Firm: SOUTHERN TIRE MART
Address: 4113 EAST StATON HIGHWAY
City: LUBBOCK State: Tx Zip 79404
NIA BE
First:
By
11'ontan
Black Amcrican
Native American
1
0
0
Hispanic American
Asian Pacific
Other
13
0
American
whori:eel Representative - ra+usr sign by haml
�2/27/2012-
Officer Name and Title:BOBBY R. HARMS, DIRECTOR OF GOVERNMENT SALES
Please Print
Business Telephone Number 877-786-4681 FAX: 214-3A9-7111
Page 6 of 27
ITB No. 12-10381-DG Tires for Citibus-Annual Pricing
City of Lubbock, Texas
Purchasing and Contract Management
Tires for Citibus-Annual Pricing
BID No. 12-10381-DG
SPECIFICATIONS
SCOPE AND INTENT
The City of Lubbock seeks bids to select vendor(s) to provide Tires for Citibus-Annual Pricing
The City may select multiple vendors to provide the services desired, if multiple awards are
determined to be in the best interest of Citibus.
A. ALL TIRES SUPPLIED
Tires will be new tires, no recaps allowed and be "regrooveable" in type. ALL TIRES MUST
BE STEEL BELTED AND STEEL SIDEWALLS
B. CONTRACT 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 four (4) additional one (1) year periods.
C. TIRE SUPPLY
If at any time the bidder cannot supply tires in a timely manner (verifiable 14 day lead time)
Citibus can purchase tires without penalty.
E. BILLING AND INVENTORY
The bidder will supply at no charge their proper billing and inventory sheets to Citibus for
their use during this agreement.
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
4220.117, 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.
Page 22 of 28