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HomeMy WebLinkAboutResolution - 2015-R0117 - Contract For Motor Oil And Lubricants For Citibus - 04/09/2015Resolution No. 2015-RO 117 April 9, 2015 Item No. 5.16 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. 12217 for Motor Oil and Lubricants for Citibus, by and between the City of Lubbock and Texas Enterprises, Inc., dba United Oil & Grease, of Lubbock, Texas, 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. by the City Council on April 9, 2015 i.TTEST: (!LffX'ROB9kTSON, MAYOR Garza, City Secretary AS TO CONTENT: City AS TO FORM: tES.Contract-Nbr 12217 -Motor Oil and Lubricants for Citibus .9.15 Resolution No. 2015-R0117 City of Lubbock, TX Contract for Motor Oil and Lubricants for Citibus Contract 12217 THIS CONTRACT made and entered into this 9th day of April, 2015, by and between the City of Lubbock ("City"), and Texas Enterprises, Inc. dba United Oil & Grease, ("Contractor"). 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, Three, Five, Six, Seven, Eight, and 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. 3. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 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. 5. This Contract 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 4220.1 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. 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 cavy 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 General Liability Commercial General Liability $1,000,000 General Aggregate Products-Comp/Op AGG Contractual Liability Personal & Adv. Injury Automotive Liability Combined Single Limit $1,000,000 Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non -Contributory basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. Copies of all endorsements are 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 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. 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. This Contract consists of the following documents set forth herein; Invitation to Bid No. 15- 12217 -TF, 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 LUBBOC Glen C64-abirtfiln, Mayor ATTEST: Reb cca Garza, City SecretarV Bill Manager APPROVED AS TO FORM: Amy ms, uty City ` BY Authorized Print Name Al 7 S Address � ��✓ , T - %7a2 City, State, Zip Code ' City of Lubbock, TX ITB 15 -12217 -TF Motor Oil and Lubricants for Citibus SPECIFICATIONS I. SCOPE: This solicitation is an Invitation for Bid to establish an annual price contract for Motor Oil and Lubricants for Citibus Transit Buses. No guarantee of Volume. The City of Lubbock does not guarantee any specific amount of compensation volume, minimum or maximum. Amounts, quantities listed on the bid form are estimates only. No price Escalation: Bids are to be submitted on a firm fixed price basis. No escalation of price will be permitted during the term of this contract. II. 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 III. 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. IV. 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 V. 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. STurchase/Bid Docs/rfB 15 -12217 -TF, Motor Oil and Lubricants for Citibus 36 S:ParehasclafdDocsM 15 -12217 -TF Motor Oil and Lubricants for Citibus City of Lubbock, TX Citibus ITB 15 -12217 -TF Bid Tabulation Motor Oil and Lubricants for Citibus April 9, 2015 Item Qty U/M Description/Vendor Location Unit Cost Extended Cost 1 4,000 GL Mobil Delvac Low Ash 15W-40 Texas Enterprises, Inc. dba United Oil & Grease Lubbock, TX $ 11 44,800 Stewart & Stevenson Power Products, LLC Lubbock, TX 15 58,200 2 275 GL Transynd Stewart & Stevenson Power Products, LLC Lubbock, TX 54 14,718 3 165 GL Dexron III/Mercon Texas Enterprises, Inc. dba United Oil & Grease Lubbock, TX 7 1,167 4 770 GL SCA Charged Pre -mix 50/50 Powercoo Stewart & Stevenson Power Products, LLC Lubbock, TX 10 7,315 5 65 GL Chassis Grease (High Temp Grease) Texas Enterprises, Inc. dba United Oil & Grease Lubbock, TX 14 930 6 400 GL Urea Exhaust Lube Texas Enterprises, Inc. dba United Oil & Grease Lubbock, TX 3 1,116 Stewart & Stevenson Power Products, LLC Lubbock, TX 4 1,576 7 400 GL 5W-30 Conventional Oil Texas Enterprises, Inc. dba United Oil & Grease Lubbock, TX 10 3,964 8 55 GL 75W-90 Synthetic Gear Oil Texas Enterprises, Inc. dba United Oil & Grease Lubbock, TX 26 1,419 9 275 GL 80W-90 Gear Oil Texas Enterprises, Inc. dba United Oil & Grease Lubbock, TX 10 2,635 Item by Item Texas Enterprises, Inc. dba United Oil & Grease for Items 1, 3, 5, 6,7, 8 and 9 Stewart & Stevenson Power Products, LLC for Items 2 and 4 S:ParehasclafdDocsM 15 -12217 -TF Motor Oil and Lubricants for Citibus BID FORM Motor Oil and Lubricants for Citibus City of Lubbock, TX ITB No. 15 -12217 -TF In compliance with the Invitation to Bid 15 -12217 -TF, 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 15 -12217 -TF is by reference incorporated in this contract. The Bid Form most be completed in blue or black ink or by tvvcwriter. ITEM QTY UOM DESCRIPTION/BRAND UNIT PRICE' BID EXTENDED COST Delivery Days ARO" 1. 4000 GL Mobil Delvyacc Low Ash 15W40 S $o 3 2. 275 GL Ttartsynd�r 3. 165 GL Dexronlll/Mercon '7.07 1l�p�p, 3 4. 770 GL SCA charged Pre -mix 50150 Powercool r �� n u B 0 5. 65 GL Chassis Grease (High temp grease) i !3 0 5 3 6. 400 GL Urea exhaust lube rga9 7. 400 GL 5W-30Conventio oil 1L /' 3 !�p l rD S. 55 GL 75W-90 Synthetic . ar t C ' I v? i 3 9. 275 GL 8OW-90 Gear ail �S I— 19 R S 1 l �✓ '� TOTAL (Items 1-9) S Dom! SJ "PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed --Days After 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 or Lubbock Is seeking a contract for Motor Oil and Lubricants for Cltibus 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 or the City. 5'Po¢fufid Doo911U IS -12217 -TP, Motor Oil and Lubrimu, for Chiba 4 R PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of °/a, 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 dale 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 comet invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less then 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/scrvices; does not include an element of profit on the sale in ==a 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 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 Freaship 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 Poor 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 contracts) 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 f"S /l-w>L-�Orr✓lS corporation organized under the laws of the State of 14 a s . or o partnership f — or individual trading as mir-eelt0 e,- e'!4 SPi of the Cityaf, Firm: Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date S:PurchordBid DoWIT13 is -17217 -TA Motor Oil and Lubricana for Ciubus 5 i„r.:13y 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: 1. Name and Manufacture's License No. 2. Name and Convener's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) Authorked Represen Fve - must r nbby hand ',�f 11� Officer Name and le: l..o a�u DO L4_1 Z� v' — Please Print Business Telephone Number 5o FAX: FAX:�12--i"f—333'o E-mail Address: C[j0.,o L p o_jreds x1,e SHL FOR CITY USE ONLY Bid Farm Item Numbers) Awarded to Above Named Firndtndividuel: Date of Award by City Council (for bids over 550, 000): Date P.O./Contract RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. STtachase/Bid Docs/rM 15-12217-7 F, Motor Oil wd Lubricnts for Citibos 6