HomeMy WebLinkAboutResolution - 2012-R0068 - Contract - Duo-Gard - Bus Shelters - 02/09/2012Resolution No. 2012-RO068
February 9, 2012
Item No. 5.1$
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. 14389 for bus shelters, by
and between the City of Lubbock and Duo -Gard of Canton, Missouri, 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.
Passed by the City Council on February 9, 2012
TO MARTIN, MAYOR
ATTEST:
RebcV,ca Garza, City Secreta
APPROVED AS TO CONTENT:
stant City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Duo Gard
January 2.0, 2012
a
Resolution No. 2012-ROO68
CONTRACT NO. 10389
CITY OF LUBBOCK, TX
CONTRACT
For
Bus Shelters
Bid No. 12 -10389 -DC
THIS CONTRACT, made and entered into this 9th day of February, 2012, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Duo -Gard Industries, Inc, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Bus Shelters and bids were
received and duly opened as required by law; and
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 Bus Shelters.
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 specifications
and bid are attached hereto and made part hereof, Contractor will deliver to the City, Bus
Shelters, specifically referred to as Item(s) No. 1-2 of the Bid Form and more particularly
described in 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 procedure outlined in the specifications and Invitation to Bid
attached hereto and incorporated herein.
3. 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 additional one (1) year term under the same term
and conditions upon written agreement from both parties.
4. This contract shall remain in effect until the expiration date, performance of services ordered,.
or termination of by either party with a thirty (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.
5. 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.
1
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 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 AMOUNT
Worker's Compensation Statutory
and
Employers Liability
Commercial General (public) Liability insurance including coverage for the following:
a. Premises operations
b. Independent contractors
c. Products/completed operations
d. Personal injury
e. Advertising injury
f Contractual liability
g. Medical payments
Combined single limit for
bodily injury and property
damage of $ 200,000 per
occurrence or its equivalent.
Comprehensive Automobile Combined single limit for Liability insurance, including
bodily injury and property
Coverage for loading and unloading of $ 200,000 per occurrence hazards, for: or its
equivalent.
a. Owned/leased vehicles
b. Non -owned vehicles
The City of Lubbock shall be named a primary additional insured with a waiver of
subrogation in favor of the City on all coverage's to include Products and Completed
Operations. All copies of the Certificates of Insurance shall reference the project name or
bid number for which the insurance is being supplied.
7. 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
ITB 12-103WDG BUS SHELTERS
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. This Contract consists of the following documents set forth herein; Invitation to Bid #12-
10389 -DG, General Conditions, 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 LUBBOCK
Tom Martin, Mayor
ATTEST:
Rebe ca Garza, City Secret
APPROVED
APPROVED AS TO CONTENT:
Quincy , Assistant City Manager
APPROVED AS TO FORM:
6�'`-w
/4��
Chad Weaver, Xssistant City Attorney
CONTRACTOR
BY — — —{
Authorized Representative
y C-� k RCVIA ;o►N
Print Name
3
Address
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Resolution No. 2012-R0068
IIB I2-10-IMOG BUS SHE LMRS
City of Lubbock, Texas
Purchasing and Contract Management
BID FORM
In compliance with the Invitation to Bid No. 11 -10389 -DG, 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 No. 12 -10399 -DG is by reference incorporated in this contract. The Bid
Form must be completed in blue or black ink or by typewriter.
PRICE: r.0.9, Destination, Freight Pre -Paid and Included in Bid Price "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.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of � %, nets%lendar 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 Frenshlp Independent School District,
Lubbock housing Authority, Lubbock County, Lubbock County Hospital Dlstrict, 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 X NO
4
UNIT OF
I
I UNIT PRICE*
Extended
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
BID
Cost
Days
ARO**
1.
14
EA
BRONZE 5' x 10' Barrel Top Bus Shelters:
1
See Specifications
1
S
2.
4
EA
BLACK POWDER COATED 5' x 10'
S S35,Ub
�Z3;i C
°�
Barrel Top Bus Shelters: See Specifications
r
rs3-
3
TOTAL INCUDING SHIPPING:
PRICE: r.0.9, Destination, Freight Pre -Paid and Included in Bid Price "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.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of � %, nets%lendar 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 Frenshlp Independent School District,
Lubbock housing Authority, Lubbock County, Lubbock County Hospital Dlstrict, 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 X NO
4
11' 8 12- I ®.3M OC Bus s"m. m Rs
• 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 mated als/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. East gvern nt entity #ill order their own materials/service as needed,
THIS BID IS SUBMITTED BY �iy Q � ���
'Al a corporation organized under the laws of the State of
or a partnership consisting of I— or individual trading as
Firm: LJ''� - kA -r t I"t
Address: 4 7> u' -I Z- �< ° p V 4-m
City: L—kA'TOY\
Bidder acknowledges receipt of the following addenda:
Addenda No. ( Date
Addenda No. Date
Addenda No. Date
M.1WBE Firm
of the City of
State: hi
Zip
Woman I I Black American Native American
Hispanic American I I Asian Pacific Americl I Other (Specify)
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 Converter's License No.
3. Name and Representative's License No.
4. Name and Franchise Dealer's License No.
General Distinguishing No.l� fi (Franchised TX dealer) I
X272
Authorized Representattm - mua ignJan
Ofiacer Name and Title:
�t ,so �NIIsaf�
Please Print
t
Business Telephone Number r d FAX:
Mawr �ve- qC r,o1y
E-mail Address: �
FOR CITY USE ONLY
Bid Form Item Numbers) Awarded to Above Named FirnOndividual:
Date of Award by City Council (forbids over S25,000): Date P.O./Contract 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
ITB 12-10389-06 BUS SHELTERS
City of Lubbock, Texas
Purchasing and Contract Management
BUS SHELTER SPECIFICATIONS
The City of Lubbock is soliciting bids to procure bus shelters. Shelter shall be constructed of durable
components and designed to be erected on-site without specialized equipment or tools. Shelters must
be in full compliance with the Americans with Disabilities Act (ADA) regulations. Accessibility by
persons with all abilities to and from the shelter will be required for all sheltered locations. 12 units
will be purchased now, 6 units will be purchased in the next fiscal year November 2012
1) PURCHASE QUANTITIES
The City anticipates purchasing bus shelters in the following quantities in its initial
procurement. However the City reserves the right to order additional quantities. Future
purchases are dependent upon availability of funds.
Quantity
Description for Units
14
Bronze anodized aluminum bus shelters with bronze glazing.
• 5 foot by 10 foot with a barrel top
• Replaceable glazing
• 5 foot bench on the rear wall
• Two full sides and a full rear
4 foot front panel that will allow for wheel chair
access
4
Black Powder coated aluminum bus shelters with grey glazing.
i 5 foot by 10 foot with a barrel top
• Replaceable glazing
• 5 foot bench on the rear wall
• Two full sides and a full rear
• 4 foot front panel that will allow for wheel chair
access
2) STANDARDS
A. Materials
All aluminum shall conform to the standards of the Aluminum Association.
All glazing shall conform to the American National Standards Materials 297.1-1975.
B. Performance
Shelter shall be designed to withstand minimum vertical and horizontal windload of 20
PSF. Roof shall be designed to withstand minimum deadload of 40 PSF.
3) QUALITY ASSURANCE
A. Experience - Manufacturer shall have a minimum of 10 years experience in the design
and manufacture of Bus Shelters.
22
]TO 12 -10389 -DG SUS SHELTERS
4) WARRANTIES
A. Manufacturer warrants that the shelter shall be free from defect in parts and
manufacture for a period of one year.
5) DELIVERY
A. Shelter shall be delivered to destination. Each shelter shall include a boxed
hardware kit complete with installation instructions.
Destination: Citibus- 801 Texas Ave. Lubbock, Texas 79457
Contact at Citibus- Bob Rosencranse 806-712-2006
6) SUBMITTALS
A. Submit shop drawings and product data with Bid.
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. IF, 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,
W
Resolution No. 2012-R0068
City of Lubbock, Tx
Bus Shelters
ITB 12 -10389 -DG
Bid Tabulation
February 9, 2012
BID 12 -10389 -DG
Bus Shelters
Item U/M Qty Descri tionNendor Location Unit Cost Extended Cost
1 EA 14 Bus Shelters - Bronze
Duo -Gard Canton,NH $ 3,861 54,054
Barco Batavia, 1L 4,773 66,847
2 EA 4 Bus Shelters - Black Powder
Duo -Gard
Barco
Totals
Duo -Gard
Barco
02109r2012 QIPu.h.6,W9id Dc u=rns 2d11 ]
Canton, MI
5,935 23,740
Batavia, IL
6,516 26,066
Canton,MI
$ 77,794
Batavia, IL
92,913
PURCHASE ORDER
TO: DUO -GA -RD
40442 KOPPERNICK
CANTON Michigan 48187
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
Page - I
Date - 02/10/2012
Order Number 27103648 000 OP
Branch/Plant 271
SHIP TO: CITIBUS
PO BOX 2000
LUBBOCK Texas 79457
BY:
and
Ordered 02/09/2012 Freight
Requested 05/11/2012 Taken By D GAMBOA
Delivery PER ROSENCRANSE—B REQ 39137 CONTRACT # 10389
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Bronze Barrel Top Bus Shelters 13.000 3,861.0000 EA 50,193.00 05/11/2012
Total Order
Terms NET 10 EOM
50,193.00
This purchase order encumbers funds in the amount of $50,193.00 awarded to Duo -Gard Of Canton, Michigan, on
February 9, 2012. The following is incorporated into and made part of this purchase order by reference: ITB 12-
10389 -DG Resolution# 2012 — R0068
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
Rebe a Garza, City Secreta