Loading...
HomeMy WebLinkAboutResolution - 6492 - CO - Nova Bus Inc. - 09/09/1999Resolution Ho. 6492 Sept. 9, 1999 Item No. 21 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Change Order #1, Bid #98283, by and between the City of Lubbock and Nova Bus, Inc., and related documents. Said Change Order #1, Bid #98283 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 this 9th day of September , 1999. AYSINNNN-)ftoR APPROVED AS TO CONTENT: Mildred Cox Director of Transportation APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney rkb/ccdocs/changeorder 1 bid98283.res August 31, 1999 CITY OF LUBBOCK CHANGE ORDER CHANGE ORDER M 1 CONTRACTOR: Nova Bus Inc. DATE: August 25, 1999 CITY OF LUBBOCK BID#: 98283 PROJECT NAME: Transit Coaches Resolution No. 6492 Sept. 91 1999 Item No. 21 DESCRIPTION OF WORK: Change Order #1 consists of Items 1 — 7 listed on the attached schedule. ITEM DESCRIPTION AMOUNT A ORIGINAL CONTRACT VALUE: $2,171,989.00 B. C. AMOUNT OF THIS CHANGE ORDER: council approwlrequired ifover$25,o00 PERCENT OF CONTRACT VALUE THIS CHANGE ORDER (B/A): kik t==r•:f#;_; D. AMOUNT OF PREVIOUS CHANGE ORDERS: $ 0 E. TOTAL AMOUNT OF ALL CHANGE ORDERS (B+D): $ 475,628.00 F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (E/A):25%Max.'' G. NEW CONTRACT AMOUNT (A+E): $2,647,617.00 SIGNATURES AND DATE: e"s'l 3c1�1 S 13004i OWNER'S REPRESENTATIVE CONTRACTdR CONTRACTSIGNATUR PURCHASIN& DEPARTMENT CITY MANAGER 66 /14-2 V / 31/ 75 LFFGAL DEPARTMENT MAT VK (unang raers overw ATTEST: IY nSITTON . . Darnell, City Rev PO #149058 (ITB #98283, Transit Coaches) Change Order #1 The changes included in Change Order #1 are listed below. 1. Upgrade the rear clearance lights to LED lights. $241/bus. (Total: $1,928). 2. Change the front and rear armored turn signal lights to LED lights. $123/bus. (Total: $984). 3. Upgrade the headlamps to Halogen Hi/low beam lights with LED turn signals. $356/unit. (Total: $2,848). 4. Change to a Twin Vision LeDot destination sign front and side, in lieu of the Luminator destination signs. No increase or deduction. 5. Change from an Allison VR731 transmission to a AF 5 speed 592hp v -drive transmission. Credit: $5,000/bus. (Total Credit: $40,000). 6. Increase the quantity of the Transit coaches by two (2) for a total of ten (10). The new unit price, including all of the above changes is $254,934 per coach. (Total: $509,868). 7. Add the following standard terms and conditions: A. No Federal Government Obligations to Third Parties. The Recipient agrees that, absent the Federal Government's express written consent, the Federal Govemment shall not be subject to any obligations or liabilities to any subrecipient, any third party contractor, or any other person not a party to the Grant Agreement or Cooperative Agreement in connection with the performance of the Project. Notwithstanding any concurrence provided by the Federal Govemment in or approval of any solicitation, subagreement, or third party contract, the Federal Govemment continues to have no obligations or liabilities to any party, including the subrecipient and third party contractor. B. False or Fraudulent Statements or Claims. The Recipient acknowledges and agrees: (1) The Recipient acknowledges that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to the Project. Accordingly, by signing the Grant Agreement or Cooperative Agreement, the Recipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the Project covered by the Grant Agreement or Cooperative Agreement. In addition to other penalties that may apply, the Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Govemment, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Recipient to the extent the Federal Govemment deems appropriate. (2) The Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Govemment in connection with an urbanized area formula project financed with Federal assistance authorized by 49 U.S.C. § 5307, the Government reserves the right to impose on the Recipient the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1), to the extent the Federal Government deems appropriate. C. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal statute or regulations, the Recipient agrees that it will comply with the requirements of 49 U.S.C. § 5323(h)(2) by refraining from using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. D. Debarment and Suspension. The Recipient agrees to comply with the requirements of Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations on Debarment and Suspension at 49 C.F.R. Part 29. E. Federal Changes- Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time PUR-045 (Rev 03/99) during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. F. Termination Provisions a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor or written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. PUR-045 (Rev 03/99) G. H. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Convenience of Default (Cost -Tyne Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by 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 D, dated April 15, 1996, 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 City Transit Management Co., d.b.a. Citibus requests which would cause City Transit Management Co., d.b.a. Citibus to be in violation of the FTA terms and conditions. Reporting. Recons Retention. and Access. a. Reports. The Recipient agrees as follows: (1) General Requirements. The Recipient agrees to provide to FTA those reports required by U.S. DOT's administrative rules for grants and cooperative agreements and any other reports the Federal Government may require. (2) Format Requirements. All reports and other documents or information intended for public availability developed under the Project and required to be submitted to FTA must be prepared and submitted in electronic and/or paper forms in accordance with Section 43 of this Master Agreement and with other requirements that FTA may specify. FTA reserves the right to require records to be submitted in other forms. b. Record Retention. The Recipient agrees that, during the course of the Project and for three years thereafter, it will maintain intact and readily accessible all data, documents, reports, records, contracts, and supporting materials relating to the Project as the Federal Government may require for the Project. c. Access to Records of Recipients and Subrecipients. Upon request, the Recipient agrees to permit and require its Subrecipients to permit the Secretary of Transportation, the Comptroller General of the United States, and, if appropriate, the State, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Recipient and its Subrecipients pertaining to the Project. d. Project Closeout. Project closeout does not alter these reporting and record retention requirements. PUR-045 (Rev 03/99) I. Buy America. The Recipient agrees to comply with 49 U.S.C. § 53230), FTA regulations, "Buy America Requirements," 49 C.F.R. Part 661, and any implementing guidance FTA may issue. J. Disputes, Breaches. Defaults. or Other Litigation. The Recipient agrees that FTA has a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to FTA. The Recipient agrees to notify FTA of any current or prospective major dispute, breach, default, or litigation pertaining to the Project. If the Recipient seeks to name the Federal Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform the FTA before doing so. b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share, based on the percentage of the Federal share awarded for the Project, of any proceeds derived from any third party recovery, except that the Recipient may return any liquidated damages recovered to the Project Account in lieu of returning the Federal share to the Federal Government. c. Enforcement. The Recipient agrees to pursue all legal rights available under any third party contract. d. FTA Concurrence. FTA reserves the right to concur in any compromise or settlement of any claim involving Project and the Recipient. e. Alternative Dispute Resolution. FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate. K. Lobbying Restrictions. The Recipient agrees to: (1) Refrain from using Federal assistance funds to support lobbying, and (2) Comply with applicable requirements of U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. L. Disputes, Breaches. Defaults. or Other Litigation. The Recipient agrees that FTA has a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to FTA. The Recipient agrees to notify FTA of any current or prospective major dispute, breach, default, or litigation pertaining to the Project. If the Recipient seeks to name the Federal Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform the FTA before doing so. b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share, based on the percentage of the Federal share awarded for the Project, of any proceeds derived from any third party recovery, except that the Recipient may return any liquidated damages recovered to the Project Account in lieu of returning the Federal share to the Federal Government. c. Enforcement. The Recipient agrees to pursue all legal rights available under any third party contract. d. FTA Concurrence. FTA reserves the right to concur in any compromise or settlement of any claim involving Project and the Recipient. e. Alternative Dispute Resolution. FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate. M. Lobbying Restrictions. The Recipient agrees to: (1) Refrain from using Federal assistance funds to support lobbying, and (2) Comply with applicable requirements of U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. N. Bonding. The Recipient agrees to comply with the following bonding requirements. (1) Construction Activities. The Recipient agrees to comply with the bid guarantee, contract performance, and payment bonding requirements for construction projects and activities set forth in 49 C.F.R. § 18.36(h) or 49 C.F.R. § 19.48(c), as applicable, and with any other bonding requirements FTA may issue. (2) Other Activities. The Recipient agrees to comply with any other bonding requirements or restrictions FTA may impose. O. Clean Water. The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. Among other things: PUR-045 (Rev 03199) (1) The Recipient agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300h et seq. (2) The Recipient agrees to comply with the notification of violating facilities provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note. P. Recovered Materials. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Q. Caroo Preference --Use of United States -Flap Vessels. The Recipient agrees to comply with U.S. Maritime Administration regulations, "Cargo Preference--U.S.-Flag Vessels," 46 C.F.R. Part 381, to the extent those regulations apply to the Project. R. Activities Not Involvina Construction. The Recipient agrees to comply with and assures compliance by other Project participants with any applicable employee protection requirements for nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 327 through 332, and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. S. Environmental Protection. The Recipient agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq. consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. § 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622. T. Metric System. As required by U.S. DOT or FTA, the Recipient agrees to use the metric system of measurement in its Project activities, as may be required by 15 U.S.C. §§ 205a et seq.; Executive Order No. 12770, "Metric Usage in Federal Government Programs," 15 U.S.C. § 205a note; and other regulations, guidelines, and policies issued by U.S. DOT or FTA. To the extent practicable and feasible, the Recipient agrees to accept products and services with dimensions expressed in the metric system of measurement U. Notification of Federal Participation. In the announcement of any third party contract award for goods or services (including construction services) having an aggregate value of $500,000 or more, the Recipient agrees to specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express the amount of that Federal assistance as a percentage of the total cost of that third party contract. V. Fly America. The Recipient understands and agrees that the Federal Government will not participate in the costs of international air transportation of any persons involved in or property acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the extent service by these carriers Is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and with U.S. General Services Administration (U.S. GSA) regulations pertaining to the use of United States flag air carriers, 41 C.F.R. § 301-3.61(b), and any later regulations at 41 C.F.R. § 301-10.131 et seq. PUR-045 (Rev 03/99)