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HomeMy WebLinkAboutResolution - 2023-R0368 - PO 31075188, Logistics365, Inc For Utvs And Atvs - 07/25/2023Resolution No. 2023-R0368 Item No. 5.24 July 25, 2023 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, Purchase Order 31075188, for Two (2) Utility Terrain Vehicles (UTVs) and Four (4) All Terrain Vehicles (ATVs), by and between the City of Lubbock and Logistics365, Inc., of Norfolk, Nebraska, per ITB 23-17336-EG and all related documents. Said Purchase Order 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 Ju� 25, 2023 ATTEST: Cou ney Paz, City Secre ary APPROVED AS TO CON1'ENT: � Brooke Witcher, Assistant City Manager APPROVED AS 1'O I�ORM: Rachael Foster, Ass stant City Attorney ccdocsII1RES.PO 31075188- Logistics365, Inc. 7.13.23 �,� ��'Of PURCHASE ORDER Lubbock rExas LOGISTICS365, INC. TO: 84640 US HWY 81 NORFOLK NE 68701-1013 Page - Date - Order Number Branch/Plant 1 7/12/2023 31075188 000 OP 3526 CITY OF LUBBOCK SHII� TO: FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY• � Mazta , Director of Purchacing 8c Contract Management Ordered 7/12/2023 Freight Requested 1/21/2024 Taken By S BALLANCE Delivery PER B RODRIGUEZ REQ 60515 ITB 23-17336-EG If you have any questions, please contact Breana Rodriguez: BreanaRodriguez�jnylubboc/G.us or 806-775-2374 Description/Supplier Item Polaris Sportsman 450 ATV 5221 Polaris Sportsman 450 ATV 5221 Polaris Ranger SP 570 UTV 5221 Polaris Ranger SP 570 UTV 6345 Terms NET DUE ON RECEIPT 1.000 7,039.1100 EA 1.000 11,592.7400 EA 1.000 11,592.7400 EA 7,039.11 1/21/2024 11,592.74 1/21/2024 11,592.74 1/21/2024 Total Order 51,341.92 This purchase order encumbers funds in the amount of $51,341.92 awarded to Logistics365, Inc. of Norfolk, NE, on July 25 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated June 14, 2023, from Logistics365, Inc. of Norfolk, NE, and ITB 23-17336-EG. Resolution # 2023-R0368 CITY O . Tray ne, Ordered Unit Cost UM Extension Request Date 3.000 7,039.1100 EA 21,117.33 1/21/2024 A ST: Courtney Paz, City Secreta City of Lubbock, TX Purchasing and Contract Management Vendor Acknowledgement Form In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid, instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and everything necessaiy for providing the items listed and agrees to deliver said items at the locations and for the prices set forth on the bid form and/or the bid table associated with this bid. 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 irregulaiities of any kind. The Invitation to Bid is by reference incorporated in this contract. Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre-Paid and Allowed Where applicable, delivery days are: 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 of Lubbock is seeking a contract for 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 thirly 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 FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored 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 goveinmental entities of the State of Texas, by mutual agi•eement 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 fi•om the City of Lubbock. Should these other governmental entities decide to paiticipate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? The City of Lubbock ITB 23-17336-EG Two (2) Utility Terrain Vehicles (UTVs) and Four (4) All Terrain Vehicles (ATVs) Bid Form Logistics365, Inc. Location Norfolk, NE Total Cost $51,341.92 Delivery Quantity Unit Days Total # Items (+/-) UOM Brand Price ARO Cost i #1-1 700cc, 4x4, Front or Rear Rack 4 EA Polaris $7,039.11 180 $28,156.44 Extenders #2-1 1000cc, 4x4, with Dump Bed, No 1 EA Polaris $11,592.74 180 $11,592.74 Windshield, Door, or other accessories #2-2 1000cc, 4x2, with Dump Bed, No 1 EA Polaris $11,592.74 180 $11,592.74 Windshield, Door, or other accessories #3-1 Hitch Connector 1 EA Polaris $0 180 $0 Other governmental entiNes 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, est 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 Tnterlocal 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 materialsJservice as needed. ADDENDA Bidder acknowledges receipt of addenda issued in regard to this solicitation: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date INSURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance AgentBroker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub- recipients). Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will iminediately notify the City of Lubbocic Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certiiies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the teim of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, coiporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a proft. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a iirearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the conn•act. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or fireac�m trade association; and will not discriminate during the term of the contract against a firearm entity or fireatTn trade association. Contractor represents and wai7•ants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the veriiication required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incun•ence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. FEDERAL AND STATE SAFETY REGULATIONS Contractor shall comply with all federal and state safety regulation including but not limited to Occupational, Safety and Health Administration (OSHA) and the Department of Workforce Development (DWD) regulations. 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 Bus to be in violation of the FTA terms and conditions. All Environmental Protection Agency (EPA) rules and regulations must be followed by the Contractor. MASTER AGREEMENT For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, United States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the 21st Century, as amended, the National Capital Transpoi�tation Act of 1969, as amended, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, February 17, 2009, or other Federal laws that FTA administers. httns://www.transit.dot.gov/fi.tndin�l�rantee-resourceslsample-fta-agreements/fta-�rant-agreements The Master Agreement can be found in its entirety on the City of Lubbock website www.ci.lubbock.tx.us INCOMPLETE INFORMATION Failure to complete or provide any of the information requested in this Request for Proposal, including references, and/or additional infoimation as information as indicated, may results in disqualification by reason of "non-responsiveness". CONTRACTOR ACKNOWLEDGEMENT In compliance with this solicitation, the undersigned bidder, having examined the bid documents, instructions to bidders, documents associated with the invitation to bid, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certi�cation • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 • Federal and State Regulations • Master Agreement SUBMISSION INFORMATION An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. THIS BID IS SUBMITTED BY Logistics365. Inc. __ a corporation organized under the laws of the State of Nebraska or individual trading as the City of Tax ID No.: 47-0799641 or a partnership consisting of of Address: 84640 US HWY 81 City: Norfolk State: NE Zip: 68701 M/WBE Firm:l I Woman 1:3 � � Black American American Asian Pacific American Please complete the information below. Representative - must sign by hand Native American Other (Specify) Date: 06/28/2023 Officer Name and Title: Tvler Wingate, VP Business Telephone Number 402-347-1020 FAX: 402-371-4721 E-mail Address: t ler lo istics365.com The City of Lubbock ITB 23-i7336-EG Twa (2) Utility Terrain Vehicles (U7'Vs) and Four (4) All Terrain Vehicles (ATVs) Final Bid Tabulation CMAVES BROTHERS MANAGEMENT, LLC. Logistics365, Inc. Lowtion Baca Raton, FL Norfolk, NE ToWltost 559,513.94 551,341.92 Delivery Delivery Quantity Unk Days Total Unk Days Total p ttems (+/-) UOM Brand Price ARO Cost Brand P►ice ARO Cost kl-1 700cc, 4x4, Front or Rear Rack 4 EA Polaris $7,259•99 230 $29,159.96 Polaris $7,039.11 180 $28,156.44 Extenders pz-k 1000cc, 4z4, with Dump Bed, No 1 EA , Polaris 515,176.99 210 $15,176.99 Polaris 511,592.74 180 511,592.74 Windshield, Door, or other accessories p2-2 1000cc, 4x2, with Dump Bed, No 1 EA Polaris 515,176.99 210 515,176.99 Polaris $11,592.74 180 $11,592.74 Windshield, Door, orother accessories k3-1 Hitch Connector 1 EA �• Polaris $0 230 $0 -� Polaris $Q 180 $fl CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos. l- 4 and s if there are interested parties. OFFICE USE ONLY Complete Nos. l, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1044731 Logistics365, Inc. Nortolk, NE United States �ate Filed: 2 Name of governmental entiry or state agency that is a party to the contract for which the form is 07/11/2023 being filed. Ciry of Lubbock, Texas Date ncknowledged: 07/12/2023 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. 23-17336-EG Off-road vehicles/ANs/UNs 4 Nature ofinterest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Wingate, Candance Nortolk, NE United States X Wingate, Robert Tyler Nortolk, NE United States X Hansen, Benjamin Norfolk, NE United States X 5 Check only if there is NO Interested Party. a 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , , , (street) (city) (state) (zip code) (country) I declare under penalry of pery'ury that the foregoing is true and correct. Executed in Counry, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarent) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca CERTIFICATE OF INTERESTED PARTIES FORM ZZ9r'J lofl Complete Nos. l- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and s if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the bus(ness entity's place Certificate Number: of business. 2023-1044731 Logistics365, Inc. Norfolk, NE United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for wh ch the form is 07/11/2023 being filed. Clty of LubboCk, TeXas Date Acknowledged: g Provide the Identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 23-17336-EG Off-road vehicleslATVs/UTVs 4 Nature ofinterest Name of Interested Party City, State, Country (ptace oi business) (check appticable) Controlling Intermediary Wingate, Candance Norfolk, NE United States X Wingate, Robert Tyler Nortolk, NE United States X Hansen, Benjamin Nortolk, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Candance Wingate , and my date of birth is My address is 3108 Golf View Drive , Norfolk , NE , 68701 _�_, ___USA_. (street) (city) (state) (zip code) (coumry) I declare under penalty of perjury that the foregoing is true and correct. Executed in Madison counry, State of Nebraska , on the 11�h day ot July , 2023 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca