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HomeMy WebLinkAboutResolution - 2017-R0135 - Continental Better Company - 04_13_2017Resolution No. 2017-RO135 Item No. 6.21 April 13, 2017 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. 13252 and related documents for the delivery and service of batteries for Citibus's Transit Bus fleet, as per ITB 17-13252-TF, by and between the City of Lubbock and Continental Battery Company, of Dallas, 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 April 13, 2017 DANIEL M. POPE, MAYOR ATTEST: epz��� e—"x, Reb cca Garza, City Secr Lary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ccdocs/RES. Contract 13252 — Continental Battery Company — Citibus Transit Bus Batteries February 17, 2017 Resolution No. 2017-R0135 City of Lubbock, TX Contract for Transit Bus Batteries for Citibus Fleet Contract 13252 THIS CONTRACT made and entered into this 9th day of March, 2017, by and between the City of Lubbock ("City"), and Continental Battery Company, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Transit Bus Batteries for Citibus Fleet 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 Transit Bus Batteries for Citibus Fleet. 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, Manufacture and Installation of Bus Shelters for Citibus and more specifically referred to as Items One through Six 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 contract shall be for a term of one year, with the option of four, one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 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. 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. 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. 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. 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 OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos (EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto COMBINED SINGLE LIMIT General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate ❑ All Owned Autos ❑ Hired Autos Per Occurrence Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑BUILDER'S RISK ❑ 100% of the Total Contract Price ❑INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY JOTHER: COPIES OF ENDOSEMENTS ARE REQUIRED $1,000,000 X X X $1,000,000 $1,000,000 ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include prodztcts of completed operatiotis endorsement. ® Waiver of stibrogatlon in favor of the City ofLubbock on all coverages, except 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. 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. 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. 10. 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 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. 11. 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. 12. 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. 13. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-13252-TF, Specifications, and the Bid Form. City of Lubbock Bid ITB 17-13252-TF IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CIT OF LU OCK Daniel M. Pope, Mayor ATTEST: �" t Reb ca Garza, City Secret y APPROVED AS TO CONTENT: Bill HowertVvy1manager Assistant C CONT T R BY Authori ed Representative P4 V"31k610*� Print Name H919 r,JbcUAcc- sT Address Qf)cr.P's JA City, State, Zip Code 2/3/2017 2:10 PM, p. 44 City of Lubbock, TX ITB 17-13252-TF Transit Bus Batteries for Citibus Fleet 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 d) 34/78 Dual Terminal Batteries with CCA ratings of at least 770 e) 65CS Top Post Batteries with CCA a rating of at least 750 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. S:\purchase\bid documents\ITB 17-13252-TF Transit Bus Batteries for Citibus Fleet 1 R Bid ft8 17-13252-TF Bid Form Transit Bus Batteries for Citibus Fleet City of Lubbock, TX ITB 17-13252-TF In compliance with the Invitation to Bid 17-13252-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 17-13252-TF is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY (+/-) UOM DESCRIPTION UNIT PRICE* EXTENDED COST "Delivery days ARO ***Core Charge a axb 1 140 EA 8D SIDE POST batteries with a CCA rating of no less than 1300 1 3&OV 18000 -00 c S •19O 2 140 EA Group 31 top post batteries with a CCA rating of at least 925 �-� • p 9 3p 0 DU t +S 1 6 00 Oddessy deep cycle top post with 3 20 EA a CCA rating of at least 925, or 3 50.60 approved equal. 4 70 EA 34/78 Dual Terminal Batteries with CCA ratings of at least 770 �S' C O 91 S50•w 5 30 EA 65CS Top Post Batteries with •-1 iJ • } 0 • D(7 $ • GO CCA a rating of at least 750 TOTAL (items 1-5) $ L4 J -30 • bU Monthly ITEM DESCRIPTION Contract Term Annual Contract Rate Rate 6 Once per week pick up all batteries that have been removed Q $ X12 $ from service. Please see specifications _ *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **ARO - After Receipt of Order ***Core Charge only to be used in the event that Citibus cannot provide a one to one trade. Unless otherwise specifled 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. S:kpurchaselbid documcnt TM 17-13252-TF Transit Bus Baneries for Cifibus Fleet I 2/W017 2:10 PM P 68 RTM Bid ITS 17-13252-TF PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _ %, net calendar days. 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 tcn 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 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 Power 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 materiaWservices 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 materiaWservice as needed. TIES BID IS SUBMITTED BY ri0ank. ?V sn• %—a corporation organized under the laws of the State of 'M A 19 S , or a partnership consisting of trading as or individual oftheCityofUAL-LAB TX. Firm: CbnlTI N E-P.MA L frME%!4 e[> Address: 4 9 [9 W eo O A e-t, S-r . City: I�A LLVt .r% State: 7-A - Zip TS 247 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date S.�purchase%bid documentsTM 17-13252-TF Transit Bus Batteries for Citibus Fleet 2 2r—V2017 Z 10 PM P. 69 City of Lubbock Bid rrB 17-13252-TF REVISED Lo 7- O Woman 1 Black American I !J0 I Native American j 4 p Hispanic American I Asian Pacific Americ I Other (Specify) - must sign by hand Officer Name and Title: �'c+k r'le Con -- pext' Please Print Z-&-rl Business Telephone Number 2. � Li - �° � 1- 5' I b t FAX: 4-14 - + 3 4 ' 7 S G E-mail Address: 9-lyL.6(L- Q Co wCT t ftl2_ CTA(_T> irrE" • Q. a '%� FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50,000): Date P.OJContract Issued: 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. 5:lpurchas6bid documentsTM 17-13252-TF Transit Bus Batteries for Cittbus Fleet 3 2/3/2017 2:10 PM p. 70