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HomeMy WebLinkAboutResolution - 2017-R0226 - T&W Tire - 06_22_2017Resolution No. 2017-RO226 Item No. 6.17 June 22, 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. 13346 and related documents for two hundred (200) ten -ply BFG tires and fifty (50) sixteen -ply Uniroyal tires for Citibus vehicles, by and between the City of Lubbock and T&W Tire, of Wichita Falls, 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 y June 22, 2017 DANIEL M. POPE, MAYOR ATTEST: D' �,L4 __0_ Re ecca Garza, City Secreta APPROVED AS TO CONTENT: Bill Hov rt n, Assistant y Manager APPROVED AK TO FORM: ccdocs/RES. Contract 13346 — T&W Tire — Citibus Tires June 2, 2017 Resolution No. 2017-RO226 City of Lubbock, TX Contract for Tires for Citibus Contract 13346 THIS CONTRACT, made and entered into this 22°d day of June, 2017, pursuant to a resolution heretofore adopted by and between the City of Lubbock ("City"), and T & W Tire ("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 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 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: 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, Tires for Citibus and more specifically referred to as Items four and six on the bid submitted by the Contractor or in the specifications attached hereto. 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. 3. The contract shall be for a term of 4 years, 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. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. The rates may be adjusted upward or downward each year 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 year. Written consent from both parties is required for all price adjustments. 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. 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. INSURANCE, SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the Ntate of 1 exas ana acceptable to the city, in the tollow TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY El AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ POLLUTION ❑ CARGO ❑ All Owned Autos ❑ Hired Autos s) ana amount(s ): COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Combined Single Limit Each Occurrence $1,000.000 Each Occurrence Aggregate Auto Only - Each Accident Each Accident Aggregate _ ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $1,000,000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13t" Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 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. 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 book 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. 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 thirty (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 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. 13. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-13405-KM, 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 LUBB Daniel M. Pope, Mayor ATTEST: Re ecca Garza, City Secretary APPROVED AS CO TE T: Bill Ho rton, Assists ity Manager APPROVED AS TO FORM: Assistaht City Attorney CONTRACTOR Authorize epresentative c ) w_G I e�'— / l / - 1-e—s Print Name .50/ t _74_ OU L aro 17M Address �J,'c-kfr, iZ City, State, Zip Code REVISED BID FORM Tires for Citibus City of Lubbock, TX ITB 17-13405-KM In compliance with the Invitation to Bid 17-13405-KM, 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 17-13405-KM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. PURCHASED TIRES - Provide a price per tire for each of the 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 AND STEEL SIDEWALLS Item Estimated Tire Size / Tire Brand i Qty +/- Per Tire Cost *Extended Cost **Delivery Days ARO 30 $ 30 Yvand 15 All S 4 255/70R22.5 16 Ply Tires 50 30, 010 1 t 3 Tire Brand-0A;r0qrJ Credit for reusable castn $ .5 14 Ply Wipes 100 6 225/75R16 10 Ply Tires 200 It 93 00 3 Brand- BF LTire Credit for reusable casing $ TOTAL Total $36,306 REVISED *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) Citibus Fleet averages 75,000 miles monthly 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 croup of items shown on the Bid Form. The City of Lubbock is seeking a contract for Tires for Citibus 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 of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 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. 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, W st 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 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. REVISED THIS BID IS SUBMITTED BY I d to T,� P a corporation organized under the laws of the State of �}� or a partnership consisting of or an individual trading as of Firm:_ T4 W "P-r-f- 11 Address: SO t ( 07ac S�Q+o tiw. City: i�4 4!;m State: )Zip 7002 M/WBE Firm: of the City Woman Black American Native American Hispanic American Asian Pacific American ---Other (Specify) vR� �u orize(d�Representativej- must sign by hand Officer Name and Title: J e j'f I�Jlinit� Please Print Business Telephone Number ^! VO-767 -8112 FAX: '1 qO -70- 7 E-Mail Address: SA I- Aeo @ 4ghA.4ire .Corn FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over S25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. City of Lubbock, Texas Purchasing and Contract Management Tires for Citibus ITB 17-13405-KM SPECIFICATIONS SCOPE AND INTENT The City of Lubbock seeks bids to select vendor(s) to provide Tires for Citibus. 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 C. The contract shall be for a term of 4 years, 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. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. D. 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 4220.1F, 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of t cilmr,leca Nos. 1 - 4 and u it these rice uncrested parties. OFFICE USE ONLY Coinplele Nos. 1, 2. 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-217220 T & W Tire LLC Wichita Falls, TX United States Date Filed: 06/01/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contact, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13405-Kiel Tiles 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary T & W Tire LLC Oklahoma City, OK United States X 5 Check only if there is NO interested Party. ❑ 6 AFFIDAVIT \\N'11ttlIrllNrr�I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. _ # 14003121 - v' s N ;. EXP. 04/01/18 higIllatUre of authorized agent of c ntr,icting business entity • Q /N�fr)� AFFIX fj�"S t•�id+T[ L +`ABOVE S rOrK�-'P\\\\��� J Swain to and subscribed before me, by the said _ ���� `'—� this the ! — day of J V-, _ 20_1-7_, to certify which, evilness my hand and seal of office. c N.dae T-� rI a l D ,� 1 4 (T J&A Af P6 £,�_ Signature of officer administering oath Printed name of officer administering call) Title of officer administering oath Forms provided by Texas Ethics Commission wway.eMics.state. tx.us version vi.v.bbs CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-217220 Date Filed: 06/01/2017 Date Acknowledged: 06/02/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. T & W Tire LLC Wichita Falls, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13405-KM Tires 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary T & W Tire LLC Oklahoma City, OK United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883