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Home My WebLink AboutResolution - 2023-R0473 - PO 27123389, Creative Bus Sales - 09/26/2023Resolution No. 2023-R0473 Item No. 5.25 September 26, 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 Contract No. 27123389 by and between the City of Lubbock and Creative Bus Sales, Inc., for the purchase of six (6) ADA accessible Lone Star Vans, and 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 Scptember 26, 2023 TRAY ATTEST: Courtney Paz, City Secreta Al'1'ROVED AS TO CONTENT: OYI Bill Howe n, Deputy City M APPROV� AS TCJ FORM: istant City Attorney ccdocs IIIRES.Creative Bus Sales, Inc.-PurchaseOrd September 8, 2023 • ��j� PURCHASE ORDER � 9/7/2023 Order Number 27123389 000 OP Branch/Plant � C�� CREATIVE BUS SALES INC 9365 COUNSELORS ROW SUITE 112 INDIANAPOL[S [N 46240 SHIP TO: Page - Date - CITIBUS 801 TEXAS AVE LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 BY: LUBBOCK, TX 79457 Marta Alvarez, Director of urchasing and Contract Management Ordered 9/26/2023 Freight Requested 11 /7/2023 Taken By Delivery PER R WILSON REQ 60731 CONTRACT SW0797GPUR 17583 K MORGAN If you have any questions about this order, please contact Richard Wi/son at 806-775-3657 or via emai! at RWilson@citibus.com DescriptionlSupplier Item Ordered Unit Cost UM Extension Request Date Lone Star Van 6.000 160,913.0000 EA 965,478.00 11i712023 Total Order Terms NET 30 9G5,478.00 271 This purchase order incorporates the current 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 b� 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 an�• act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. This purchase order encumbers funds in the amount of $965,478.00 awarded to Creative Bus Sales, Inc. of Indianapolis, IN, on September 26 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated August 22, 2023, from Creative Bus Sales, Inc. of Indianapolis, IN, and Contract SW0797C. Resolution # 2023-R0473 CITY OF L O T Tray Payne, Ma r � A .S : Courtney Paz, City Secre ry TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: SALES TAX EXEh1PT10N The goods and services pro�ided (or ihis pro�ect are erempi Gom Ihe Limiled Sales. Eccise and Use Tax imposed by Chapter 20, Tide 122A. Tacation-General, Revised Ci�d Statutes of Texas WARRANT�' OF TITLE Contractor warrants to the G�� o( Lubbock, ns successors and assiu,,ns, �ha� ihe utle t� the matenal. supphes or goods covered by �he contract, when dehvered �o the Ci�y of Lubbock or to its successors or ass�gns, shall be Gee Gom all Lens and encumbrances PRODUCT SERV ICES 1VARRANTY Contractor uarrants ihat the goods fumished under lhis conlract conform tn the contrac� descnpuon, are Gee of defecls m matenals and �wrkmg condmons, are fil for the ordmary purposes for ..�hich such goods are used. run of e�en kmd, qualny and quanuty withm each umt and among all umts m�olved. are adequately contamed, packaged and labeled as the a�5reement may requve and conform to the promises or afiirmalimi of fact made on the conlamer or label_ d any If ihe contract is for sernces. Comrac�ar ��arrants thal ihe ser� ices fum�shed hereunder conform to ihe conlracl descnption All necessary repmrs, renewals, changes or moddicauons m Ihe goods due to defeclive matenals and worV.manship. occurnng w�ihm I��ehe (12) monihs aller final accepta�ue of Ihe goods, shall be prompdy corrected b� Ihe Contractor at his expense_ mcludmg labor and matenals. wrth mmmunn mcom�emence to the C�1y of Lubbock Where specific items of goods are guaranteed by 1he manufacturer for penods exceedmg �hose sho��n aboce, such guaramees are not ��aded by provisions of this paragraph DELIVERY Unless othenv�se stated m the specdicatwns or bid forms. the pnce slated m th�s purthase order mcludes fre�t5ht and/or delrveq charges Complete dehvery must be made wilhm 30 calendar days afler the date of the Purchase Order Deh�•eq� will be F O B Ihe City of Lubbock C.'O Cmbus 801 Texas Ave Lubbock. Tesas, unless othenwse specdied The Conlractor shall • perform all packing, shipping, and (reight of goods procured by this contract, • usume all responsibd�ty and nsk of loss mcident �o said delrvenes, • cleady mark all crates delrvered to Ihe sne wnh Ihe Coniractor's name and idenufical�on of Ihe contents by number of pieces and nem number for each piece, and Ihe C�ty o( Lubbock Purehase Order number TERMINATION OF CONTRACT Termmauon for Comemence The C�ty of Lubbock map termmate this contract, m whole or m part, al any ume ��thow cause and solely for the comemence of the Ciry of Lubbock by givmg �h�rty (30) calendar days wrnren nouce to the Contractor The Comractor shall be pa�d (ees and expenses for work per(ormed up to �he ume of termmauon pro� ided the Comractor submits an iremized claim withm ih�rty (30) calendar days of the termmatwn If ihe Conlractor has any property m rts possesvon belongmg lo ihe C�ty of Lubbock, the Contractor wdl account for ihe same and dispose af rt m the manner the City of Lubbock dicects Ternunation for Default In the e� ent tha� �he Comrac�or breaches the �erms or .�olates the condmons of the Contrac� to be awarded, and does not wnhm ten (10) calendar da� s of .vrmen nohce Gom the Qty o( Lubbock wre such breach or violation. �he Ciry of Lubbock may immed�ately cermmate �he Conlracl, and pursue any and all legal and eqwtable remedies a� adable lo n agams� �he Contrac�or Indemmfication the contractor shall mdemmfy_ keep and sa��e harmless ihe city of Lubbock, �ts agenls, offic�als, and employees, agamst all smis or claims that may be bazed on any m�uq to persons or property that may ocwr_ or that may be alleged to have ocwrred, m ihe course of Ihe pedormance of ihis coniract by Ihe coniraclor, whether or not it shall be clmmed that Ihe m�ury waz caused by Ihe negLgence of Ihe C�ty of Lubbock rts officers, employees or agents Contractor shall, at his own expense defend any and all ac�ions, and shall at his own expense pa} all charges of attorne} fees and all costs and other expenses arismg there Gom or mwrred m connechon iherewi�h, and �f an� �udgment shall be rendered agamst the city of Lubbock m any such act�on. the coniractor shall at h�s own expense sal�sfy and discharge ihe same BILLING Invoicels) shall be submrtced m duphcace �o Accoums Payable, Gry o( Lubbock, P O Box 2000 Lubbock, Texas 79457 Each mvoice shall comam the follo�smg mformation purchase order number, ilem number, bnef descnpuon of gaods, s¢es, senal numbers, quantmes, umt pnces, and total and applicable pro�ect numbers PAl'MENT TO CONTRAC7'OR Terms shall be net thiny (30) calendar days afler receipt o(an mvoice and aRer acceptance of the goods by the Cin of Lubbock, whichever is la�er In the event payment is nol made w�thm ihvip (30) calendar days, the Coniractor shall submit a remmder �moice marked o��erdue If the imace conlams an error, Ihe mvoice wdl not be classdied as a properly subm�ued im�o�ce DISCOI �NTS Dacounts that are mcluded m offers become a pan of the resultmg cvniracis and are bmdmg on the Contractor for all orders placed under the Contract Discounts o(fered only on mdrvidual imaces ��dl be bmdmg on ihe Contractor only for the particular mvoice on which Ihe d�scount �s ofTered FEDERAL CHANGES Comractor shall at all I�mes comply with all apphcable FTA regulat�ons, pohc�es, procedures and directives, mcludmg �vithout hmilahon those hsted direcd� or by reference m �he Agreement behveen the Gty of Lubbock and FfA, as �hey may be amended or promulgated from time to hme dunng the term of this contract CoMractors fadure to so comply shall const�tute a malenal breach ofthis contracl INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FI'A) TERMS The precedmg provisions mclude. m part, cenam Standard Terms and Condmons reqmred by DOT, whether or not expressly set forth m �he precedmg contract provisions All comractual provisions reqwred by DOT, az set fonh m FI'A Circular 4220 I F, da�ed March 3. 2[713, are hereby mcorpora�ed by reference Anythmg to �he contrary herem nohvrthstandmg, all FfA mandated terms shall be deemed to control m the evem of a conFlict wrth other prousions comamed m this Agreement The Contractor shall not perform any act, fad tv perform any act, or refuse to comply mth any the Ciry of Lubbock requests thal �wuld cause the Gty of Lubbock to be m violatwn of the tTA terms and condmons W W W FTA DOT GO V As requved under �he OSHA Hazard Commumcation Standard 29 CFR 1910 1200, a matenal safety data sheet (�ISDS) must precede or accompany the imhal sh�pment of any hazardous matenal defined as such under the Ac� For items prev�ously ordered, an AISDS mus� also be supplied dthe MSDS has changed smce the previous shipment The City reserves �he nght to eserc�se any nght or remedy �o n b}• la��, wntract, eqwty, or other�Nse, mcludmg wi�hou� Lmi�auon, the nght to seek any and all forms of relief m a court of competent �unsdiction Funher, the City shall not be sub�ec� to any arb�tration process prwr to eserc�smg rts unres�ncted nght to seek �udicial remedy The remed�es set forth herem are cumulatrve and not exclusrve, and may be exerc�sed cancurrently To Ihe extem of any conflwt behveen this prov�sion and anather provision m, or related lo, th�s document, Ih�s provision shall conlrol NON-ARBITR.ATION The Gry reser�•es Ihe ngh� �o exercise any nght or remedy a��adabk to u b}• la«�, coNracl, eqw�y, or o�hen��se. mcludmg anhout hmnauon, the nght �o seek an� and all forms of rehe( m a court of competenl �unsdiclion Further, ihe City shall not be sub�ect to any arb�trauon process prwr to exercismg ns unreslncled nght to seek �udinal remedy The remedies sd fonh herem are cumulaUve and not exclusrve, and may be exercised conwrrendy To the extent of an� con0ict between th�s provision and another pro� ision m, or related to, th�s document, Ihis provision shall conlrol The Cu�� R�ght lo Audit At any time dunng the term of Ihe comract, or Ihereafler, Ihe Ciq�, or a duly authonzed audrt representati��e of the Gty or the State of Texas, at �Is expense and at reasonable limes, reserves the nght to audrt Contractor's records and books rele��am to all sernces pro� ided �o the Cny under this Contract In �he event such an audn by the Ciry reveals any evors or overpaymems by the Cny. Contrattor shall refund the City the full amount of such orerpaymems �vnhm thirty (30) da��s of such audn findmgs, or the Crty, al ils opuoq resen�es �he nyvht to deduc� such amounts owmg the Gry from any paymen�s due Contractor House Bdl 2015, signed by the Governor on June 14, 2013 and etTectrve on January I, 2014, au�honzes a penalty to be imposed on a person �eho contracts for cenam sernces �vith a gocernmemal enti�y and who fads to propedy classdy their workers This applies �o subcontractors as well Comractors and subconuac�ors who (aJ �o propedy classdy mdividuals performmg work under a governmemal contract w�ll be penahzed 5200 for each mdn�idual that has been misclassified Govemmental ent�ties may want �o mclude mformauon on this new misclassdicauon penalty m �heu conhac�s wnh entities that are providing services covered by this new reqmrement (Texas Govemmenl Code Secuon 2155 001) Master Ayeement For Federal Transit Adnumstration Agreements authonzed by 49 U S C chapter 53, T�de 23, Umted Sta�es Code (HiUrhways), the Safe, Accoun�able, Flexible, Efficient Transponahon Eqwt} Act A Legacy for Users, as amended by the SAFETEA-LU Techmcal Correct�ons Ac� of 2008, the Transponauon Eqmty Act (or the 21 s� Cenwry, as a�nended, the National Cap�tal Transportat�on Aci of 1969, as amended, the Amencan Recoveq and Remvestment Act of 2009, Pub L 11 I-5, February 17, 2009, or other Federal laws tha� FfA admimsters FTA AIA (26) February 9, 2021 htips ��wnv transil dol gov'fundmg/grantee-resources/sample-fta-ay{eements/fta-�;rant-agreementsThe Master Agreemem can be (ound m i�s enhrery on the City of Lubbock webs��e �vw�. ci lubbock �x us� Lone Star i— / • � Creative dus Sales Type O- Front Ramp Full Size Conversion Van State of Oklahoma Contract SW0797C FY 2023 Preparer: Brent Roy Base Model Lone Star Promaster 3500 3.6L V6 9,350 GVWR Braur�Ab I i � � Life is o Moving Experlence' L�NE STAR A�A �'a r�S Total ti CDL Vehicle Length Lift Position WC Positions Passengers Required 21' Front 2 9 No QTY Vehices:�1 Total Contract Price: $ 160,913.00 Base Model Price: $ 136,709.00 Options: $ 1,556.00 Other Available Options: $ 17,720.00 Unpublished Options: $ 4,928.00 Per Vehicle Price: $ 160,913.00 Customer Info Customer: Citibus Address: 801 Texas Ave. Lubbock, TX 79457 Contact: Chris Mandrell Office Phone: 806-712-2001 Mobile Phone: 806-679-4452 E-Mail: cmandrellCacitibus.com Floorplan 8/22/2023 �� Creotn.e Bia Sales Base Model Features Type O- Front Ramp Full Size Conversion Van Chassis Ram Promaster 3500 High Roof chassis - 9,350 GVWR, 159" WB EXT 3.6L V6 24V WT gasoline engine 6-Speed Automatic 62TE Transmission 220-amp alternator Power-assisted hydraulic front & rear disc brakes 4-wheel anti-lock brake system 22-gallon OEM fuel tank 16"x6" aluminum wheels Cruise control Cloth driver and co-pilot seats Driver/Co-pilot sun visor Power windows Power door locks Power-heated mirrors OEM chassis dash heater, A/C, and defroster Bright white clear coat BOdy Lowered floor behind driver/co-pilot for ADA access Driver side step Trans Air 50K BTU AC system Electric passenger entry door (A&M Systems) Docket 90 Vinyl Seats with Freedman Seatlink 3-pt passenger seat belts ABS interior paneling - walls and ceiling Q'Straint Omni Floor - Rear Section Altro flooring ADA Manual swing away ramp providing 32" usable width One (1) set of q'Straint retractable wheelchair securement systems Q'Straint InQline Winch System ADA interlock ADA-compliant ramp and door entrance lighting Safety 5 Ib. fire extinguisher First aid kit Emergency triangle kit Backup alarm Emergency window 8/22/2023 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos. l- 4 and 6 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. 2023-1071437 Creative Bus Sales Irving, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/13/2023 being filed. City of Lubbock, TX Date Acknowledged: 09/14/2023 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. SW0797C Braunabiliry "Companion" Promaster 3500 low floor van 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 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 perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V3.5.1.99923476 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos. i- 4 and 6 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 entiry's place Certificate Number: of business. 2023-1071437 Creative Bus Sales Irving, TX United States nate Filed: 2 Name of governmental entity or state agency that is a parry to the contract for which the form is 09/13/2023 being filed. City of Lubbock, TX Date Acknowledged: g 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. SW0797C Braunability "Companion" Promaster 3500 low floor van 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Brent Roy , and my date of birth is Myadd�eSs;s 225 Woodbine Drive Burleson TX 76028 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in JOhnS011 counry, State of T2XaS , on the 13ti�1aY or Septemb@�j 23 Digitally signed t�°��nt Ro�year) Br e n t R o y 05 00?023.09.13 15:21:04 Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.99923476