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HomeMy WebLinkAboutResolution - 2010-R0407 - Contract (No. 9694) For Automotive Batteries - Continental Battery Of Lubbock - 08/26/2010 (2)Resolution No. 2010-RO407 August 26, 2010 Item No. 5.29 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. 9694 for automotive batteries, by and between the City of Lubbock and Continental Battery of Lubbock, Texas, per ITB 10-117-DT, 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 26, 2010 TOM MARTIN, MAYOR ATTEST: Reba c,a Garza; City Secretary APPROVED A5 TO CONTENT: cff" X--d Mark'Kearwe4d, Assi tant City Manager Chief Information Officer APPROVED AS TO FORM: J�Z /,A�� Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Continental Battery August It, 2010 Resolution No. 2010—RO407 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES For ITB 10-117-DT Automotive Batteries Contract 9694 THIS CONTRACT, made and entered into this 26th day of August 2010, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Continental Battery ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Automotive 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 Automotive Batteries. NOW, TIIEREFORE, 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 Automotive Batteries specifically referred to as Item(s) No 1-17 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 one year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. 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. 4. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 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. 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. 10-117•DT Automotive Dattcrics 7. This Contract consists of the following documents set forth herein; Invitation to Bid 10-117-DT, General Conditions, Insurance Requirements, Specifications, and the Bid Form. 8. 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. 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 Torn —Martin, Mayor ATTEST: Rebe&a Garza, City Secretary APPROVED AS TO CONTENT: !" —11 / --'� Mark Ye ood, AA-stanid'iy Manager Chief Information Officer APPRO S TO F RM: Assistant City Attorney CONTRACTOR BY Au orized Representative A2 / 7 ifrn![' i 1f ' & � e Address F 10-117-DT Automotive Batteries City of Lubbock, TX Automotive Batteries ITB 10-117-DT In compliance with the invitation to Bid ITB 10-117-DT, 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. The Invitation to Bid 10-117-DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. QTY UNIT OF DESCRIPTION UNIT PRICE* Extended Delivery ITEM (more or less) MEASURE BCI GROUP NUMBER BID Cost Days ARO** asspecified herein 1. 6 EA Group U-1 Batted 2. 2 EA Group 22F Battenes ZZ F 3. 2 EA Group 22NF Batteries G o0 o 0 Z Oc� 7 4. 10 EA Group 34 Batteries 3 q- 7z vim° yS _o 0 '?_ d. y 5. 2 EA Group 34 3 Batteries s q 7 f0 v o 1 ti 6. 2 EA Group 27 Batteries 2-7-72 53�� _ lOG � 'z dti7 7. 2 EA Group 58 laTries6 0 , // °�° d �_ ` ` da 8. 23 EA Group78 Batteries Z = D ° SQ / L � d 9. 12 EA Group 65 Ba nes &D - 72 o 0 o v ' 2- 10. 2 EA Group 75 Batteries 7 5- 60 1 0 8 0 1 11. 30 SAE EA Group 3 1 A Top Post 0 5.2 0 1 J, 3 /-A ISM 2- 12. 21 EA Group 78 Batteries O I J 7� 7 S e I 7 L dK 13. 100 EA Group 31 C Threaded Stud xt1a - 00 00 _ `2 14. 2 EA Group 8D Batt ri s a U 03 o 0 15. 3 EA Group 4DLT Batteries 111) Z-T- o0 o 300 16. 10 EA Group 4D Batteries /0 0 12- �a Y 17. 6 EA Group 3EH Batteries D 0 360 L Gt OVERALL TOTAL $ '2 561� SO * PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of _ 0 %, net .3 0 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. 10-117-DT Automotive Batteries Page 7 of 28 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 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 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, West Texas Municipal Po er 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. THIS BID IS SUBMITTED BY jet & a corporation organized under the laws of the State of �kti 5 , or a partnership consisting of or an individual trading as r � City: M/WBE Firm: of the City of State: zip Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by 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: MEW and Manufacture's License 2. Name and Converter's License N 3. Name and Representative's License N 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) 10-1 17-DT Automotive Batteries Page 8 of 28 By Date: �r�/040 Authorized Representative - must sign by hand T— Officer Name and Y Please Print Business Telephone Number / jw - 7�2 - t%Js / FAX: �V�` 7G Z " q yf I E-Mail Address: S� - rrya des 700 f/,/oa t al L FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: 10-117-DT Automotive Batteries Page 9 of 29 City of Lubbock, TX Fleet Services Bid Tabulation Analysis August 26, 2010 Bid 10-I17-DT Automotive Batteries Extended Delivery Item Qty U/M Description/Vendor Location Unit Cost Cost Days 1 6 EA Group U-I Batteries Continental Battery Lubbock, TX S 24.00 S 144.00 I/2 day Battery Solution, Inc. Lubbock, TX 25.40 152.40 1 hour O'Reily Auto Parts Springfield, MO 30.62 183.72 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 35.09 210.54 1-7 days 2 2 EA Group 22F Batteries Continental Battery Lubbock, TX 37.50 75.00 1/2 day Battery Solution, Inc. Lubbock, TX 39.42 78.84 1 hour O'Reily Auto Parts Springfield, MO 65.27 130.54 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 67.49 134.98 I-7 days 3 2 EA Group 22NF Batteries Continental Battery Lubbock, TX 39.00 78.00 1/2 day Battery Solution, Inc. Lubbock, TX 41.46 82.92 1 hour O'Reily Auto Parts Springfield, MO 65.27 130.54 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 71.99 143.98 1-7 days 4 10 EA Group 34 Batteries Battery Solution, Inc. Lubbock, TX 41.60 416.00 1 hour Continental Battery Lubbock, TX 45.00 450.00 1/2 day O'Reily Auto Parts Springfield, MO 55.54 555.40 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 71.99 719.90 1-7 days 5 2 EA Group 34R Batteries Battery Solution, Inc. Lubbock, TX 41.60 83.20 1 hour Continental Battery Lubbock, TX 47.50 95.00 1/2 day O'Reily Auto Parts Springfield, MO 55.54 111.08 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 71.99 143.98 1-7 days 6 2 EA Group 27 Batteries Battery Solution, Inc. Lubbock, TX 45.91 91.82 1 hour Continental Battery Lubbock, TX 53.00 106.00 1/2 day O'Reily Auto Parts Springfield, MO 74.21 148.42 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 80.99 161.98 1-7 days 7 2 EA Group 58 Batteries Battery Solution, Inc. Lubbock, TX 39.79 79.58 1 hour Continental Battery Lubbock, TX 41.00 82.00 1/2 day O'Reily Auto Parts Springfield, MO 55.57 111.14 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 64.79 129.58 1-7 days 8 23 EA Group 78 U Batteries Battery Solution, Inc. Lubbock, TX 44.17 1,015.91 1 hour Continental Battery Lubbock, TX 50.00 1,150.00 1/2 day O'Reily Auto Parts Springfield, MO 64.49 1,483.27 I hour Warehouse Service Co. DBA NAPA Lubbock, TX 68.39 1,572.97 1-7 days 9 12 EA Group 65 Batteries Battery Solution, Inc. Lubbock, TX 52.70 632.40 1 hour Continental Battery Lubbock, TX 56.00 672.00 1/2 day O'Reily Auto Parts Springfield, MO 74.12 889.44 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 77.39 928.68 1-7 days Tab Sheet 10-117-DT Page 1 City of Lubbock, TX Fleet Services Bid Tabulation Analysis August 26, 2010 Extended Delivery Item Qty U/M Description/Vendor Location Unit Cost Cost Days 10 2 EA Group 75 Batteries Continental Battery Lubbock, TX 40.00 80.00 1/2 day Battery Solution, Inc. Lubbock, TX 43.84 87.68 1 hour O'Reily Auto Parts Springfield, MO 55.47 110.94 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 62.09 124.18 1-7 days 11 30 EA Group 31 A Batteries Top Post Continental Battery Lubbock, TX 52.00 1,560.00 1/2 day Battery Solution, Inc. Lubbock, TX 60.01 1,800.30 1 hour O'Reily Auto Parts Springfield, MO 89.14 2,674.20 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 114.29 3,428.70 1-7 days 12 21 EA Group 78 Batteries Battery Solution, Inc. Lubbock, TX 44.17 927.57 1 hour Continental Battery Lubbock, TX 47.50 997.50 1/2 day O'Reily Auto Parts Springfield, MO 55.51 1,165.71 I hour Warehouse Service Co. DBA NAPA Lubbock, TX 68.39 1,436.19 1-7 days 13 100 EA Group 31C Batteries Threaded Continental Battery Lubbock, TX 52.00 5,200.00 1/2 day Battery Solution, Inc. Lubbock, TX 60.01 6,001.00 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 80.99 8,099.00 1-7 days O'Reily Auto Parts Springfield, MO 89.14 8,914.00 l hour 14 2 EA Group 81) Batteries Continental Battery Lubbock, TX 103.00 206.00 1/2 day Battery Solution, Inc. Lubbock, TX 103.90 207.80 1 hour Warehouse Service Co. DBA NAPA Lubbock, TX 148.49 296.98 1-7 days O'Reily Auto Parts Springfield, MO 167.00 334.00 1 hour 15 3 EA Group 4DLT Batteries Battery Solution, Inc. Lubbock, TX 85.49 256.47 1 hour Continental Battery Lubbock, TX 100.00 300.00 1/2 day Warehouse Service Co. DBA NAPA Lubbock, TX 110.69 332.07 1-7 days O'Reily Auto Parts Springfield, MO 1 1 1.55 334.65 1 hour 16 10 EA Group 3EH Batteries Battery Solution, Inc. Lubbock, TX 97.01 970,10 1 hour Continental Battery Lubbock, TX 101.00 1,010.00 1/2 day Warehouse Service Co. DBA NAPA Lubbock, TX 129.59 1,295.90 1-7 days O'Reily Auto Parts Springfield, MO 147.00 1,470.00 1 hour 17 6 EA Group 3EH Batteries Battery Solution, Inc. Lubbock, TX 56.60 339.60 1 hour Continental Battery Lubbock, TX 60.00 360.00 1/2 day Warehouse Service Co. DBA NAPA Lubbock, TX 85.49 512.94 1-7 days O'Reily Auto Parts Springfield, MO 87.93 527.58 1 hour Summary Continental Battery Lubbock, TX 12,565.50 Battery Solution, Inc. Lubbock, TX 13,223.59 O'Reily Auto Parts Springfield, MO 19,274.63 Warehouse Services Co. DBA NAPA Lubbock, TX 19,672.55 Tab Sheet 10-117-DT Page 2