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HomeMy WebLinkAboutResolution - 2020-R0268 - PO 27119338 w_ Creative Bus Sales, IncResolution No. 2020-RO268 Item No. 7.13 August 11, 2020 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 No. 27119338 for the purchase of Paratransit Vans as per Contract SW0797C, by and between the City of Lubbock and Creative Bus Sales Inc., of Irving, Texas, 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 August 11, 2020 DANIEL M. POPE, MAYOR ►."114 1 CQAtt�t't' )K� -- Reber a Garza, City Secret ry APPROVED AS TO CONTENT: Bill erton, Depu anager APPROVED AS TO FORM: City Attorney ccdocs/RES.-PurchaseOrd 27119338 — Paratransit Vans July 21, 2020 1 'j � —;3f - Ir•• � �-.--... • . ,r rti. 1•�``S,\.r /. '. a`'�J r r� r r/ _ ... _ _ - - s. r ; s. �.. I4 , fir/ I�" /� �,/ �� - 1 �: � •� r rf• ,` .,fir , _ //� ,Y •�r,1�1•et''r ••,��• 1:` ..��.i (' .fir•, � - _ 1� ' Page - Date - 6/25/2020 Order Number 27119338 000 OP Branch/Plant 271 TO: CREATIVE BUS SALES INC SHIP TO:Citibus 4955 WEST NORTHGATE DRIVE PO BOX2000 IRVING, TX 75062 LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 IlYjk.Z� I rez, Director of Purchasing and Contract Management Marta Ordered Requested 6/25/2020 7/9/2020 Freight Taken By Delivery =-R WILSON BEQ CONTRACT S W0797C / PUR 15377 K MORGAN Descriotion/Sttaclier Item Ordered Unit Cost UM Extension Request Date_ PARATRANSIT VAN 3.000 88,627.0000 EA 265,881.00 7/8/2020 88059.9226.90000 PARATRANSIT VAN 88052.9226.90000 Terms NET30 2.000 88,627.0000 EA 177,254.00 7/8/2020 443,135.00 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 4220.1 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 aconflict 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. This purchase order encumbers funds in the amount of $443,135.00 awarded to Creative Bus Sales, Inc. of Irving, TX on August 11, 2020 .The following is incorporated into and made part of this purchase order by reference Contract SW0797C and quote from Creative Bus Sales, Inc. of Irving, TX. Resolution 2020-RO268 CITY OF LUBBOCK Aliv Daniel M. Pope, Mayor ATTEST: Rebecc Garza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: SALES TAX EXEMPTION The goods and services provided for this project are exempt from the Limited Sales, Excise and Use Tax imposed by Chapter 20, Title 122A, Taxation -General, Revised Civil Statutes of Texas. WARRANTY OF TITLE. Contractor warrants to the City of Lubbock, its successors and assigns, that the title to the material, supplies or goods covered by the contract, when delivered to the City of Lubbock or to its successors or assigns, shall be free from all liens and encumbrances PRODUCT/SERVICES WARRANTY. Contractor warrants that the goods furnished under this contract conform to the contract description, are free of defects in materials and working conditions, are fit for the ordinary purposes for which such goods are used, run of even kind, quality and quantity within each unit and among all units involved, are adequately contained, packaged and labeled as the agreement may require and conform to the promises or affirmation of fact made on the container or label, if any. If the contract is for services. Contractor warrants that the services furnished hereunder conform to the contract description. All necessary repairs, renewals, changes or modifications in the goods due to defective materials and workmanship, occurring within twelve (12) months after final acceptance of the goods, shall be promptly corrected by the Contractor at his expense, including labor and materials, with minimum inconvenience to the City of Lubbock. Where specific items of goods are guaranteed by the manufacturer for periods exceeding those shown above, such guarantees are not voided by provisions of this paragraph. DELIVERY. Unless otherwise stated in the specifications or bid forms, the price stated in this purchase order includes freight and/or delivery charges. Complete delivery must be made within 30 calendar days after the date of the Purchase Order. Delivery will be F.O.B.the City of Lubbock CIO Citibus 801 Texas Ave. Lubbock, Texas, unless otherwise specified. The Contractor shall: • perform all packing, shipping, and freight of goods procured by this contract; • assume all responsibility and risk of loss incident to said deliveries, • clearly mark all crates delivered to the site with the Contractor's name and identification of the contents by number of pieces and item number for each piece, and the City of Lubbock Purchase Order number. TERMINATION OF CONTRACT Termination for Convenience. The City of Lubbock may terminate this contract, in whole or in part, at any time without cause and solely for the convenience of the City of Lubbock by giving thirty (30) calendar days written notice to the Contractor. The Contractor shall be paid fees and expenses for work performed up to the time of termination provided the Contractor submits an itemized claim within thirty (30) calendar days of the termination. If the Contractor has any property in its possession belonging to the City of Lubbock, the Contractor will account for the same and dispose of it in the manner the City of Lubbock directs. Termination for Default. In the event that the Contractor breaches the terms or violates the conditions of the Contract to be awarded, and does not within ten (10) calendar days of written notice from the City of Lubbock cure such breach or violation, the City of Lubbock may immediately terminate the Contract, and pursue any and all legal and equitable remedies available to it against the Contractor. Indemnification: the contractor shall indemnify, keep and save harmless the city of Lubbock, its agents, officials, and employees, against all suits or claims that may be based on any injury to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the contractor, whether or not it shall be claimed that the injury was caused by the negligence of the City of Lubbock, its officers, employees or agents. Contractor shall, at his own expense defend any and all actions, and shall at his own expense pay all charges of attorney fees and all costs and other expenses arising there from or incurred in connection therewith; and if any judgment shall be rendered against the city of Lubbock in any such action, the contractor shall at his own expense satisfy and discharge the same. BILLING. Invoice(s) shall be submitted in duplicate to Accounts Payable, City of Lubbock, P.O. Box 2000 Lubbock, Texas 79457. Each invoice shall contain the following information: purchase order number, item number, brief description of goods, sizes, serial numbers, quantities, unit prices, and total and applicable project numbers. PAYMENT TO CONTRACTOR. Terms shall be net thirty (30) calendar days after receipt of an invoice and after acceptance of the goods by the City of Lubbock, whichever is later. In the event payment is not made within thirty (30) calendar days, the Contractor shall submit a reminder invoice marked overdue. If the invoice contains an error, the invoice will not be classified as a properly submitted invoice. DISCOUNTS. Discounts that are included in offers become a part of the resulting contracts and are binding on the Contractor for all orders placed under the Contract. Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered. 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 between the City of Lubbock and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractors failure to so comply shall constitute a material breach of this contract. 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.IF, dated March 3, 2013, 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 the City of Lubbock requests that would cause the City of Lubbock to be in violation of the FTA terns and conditions. WWW.FTA.DOT.GOV As required under the OSHA Hazard Communication Standard 29 CFR 1910,1200, a material safety data sheet (MSDS) must precede or accompany the initial shipment of any hazardous material defined as such under the Act. For items previously ordered, an AISDS must also be supplied if the MSDS has changed since the previous shipment. The City reserves the right to exercise any right or remedy 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. NON -ARBITRATION: 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. The City Right to Audit 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 books 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 thirty (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. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January I, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). 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'_1 st Century, as amended, the National Capital Transportation 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. FTA MA (24) October I, 2017. https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreementsThe Master Agreement can be found in its entirety on the City of Lubbock website www.ci.lubbock.tx.us/ Lone Star Type O - Front Ramp Full Size Conversion Van ® Creative Bus Sales State of Oklahoma Contract SW0797C FY 2020 Preparer: Brent Roy Base Model Base Model Price: $ 79,832.00 Lone Star Promaster 3500 3.6L V6 9,350 GVWR Options: $ 1,365.00 LONE STAR Other Available Options: $ 4,280.00 Unpublished Options: $ 3,150.00 arnisfonoJ' �CtT" Total# CDL Vehicle Length Lift Position WC Positions Passengers Required 21' Front 1 2 1 7 INo QTY Vehices:®1 Total Contract Price: $ 88,627.00 Per Vehicle Price: $ 88,627.00 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: cmandrell@citibus.com Base Model Features Type O - Front Ramp Full Size Conversion Van Chassis Ram Promaster3500 High Roof chassis - 9,350 GVWR, 159" WB EXT 3.61- V6 24V VVT gasoline engine 6-Speed Automatic 62TE Transmission 220-amp alternator Power -assisted hydraulic front & rear disc brakes 4-wheel anti -lock brake system 24-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 Electric passenger entry door (A&M Systems) 3-pt passenger seat belts ABS interior paneling - walls and ceiling Altro flooring ADA Manual swing away ramp providing 32" usable width One (1) set of Q'Straint retractable wheelchair securement systems ADA interlock ADA-compliant ramp and door entrance lighting Safety 5 lb. fire extinguisher First aid kit Emergency triangle kit Backup alarm Emergency window OPTIONS Type O- Front Ramp Full Size Conversion Van q Description FY 2020 ust Price QTY Total 3 Outside Passenger Door Switch $ 180.00 $ 180.00 1 lAdditional Wheelchair Securement Position (includes Q'Streint (XUBE system) $ 1,185.001 $ L185.00 -I Subtotal Manufacturer Options: 1 $ 365.00 OTHER AVAILABLE OPTIONS Type O - Front Ramp Full Size Conversion Van Cmilma lSaSoles Qi Description FY 2020 List Price 1 QTY Total 1 I Q'Straint lnQBne Winch System I $ 2,485.00 1 $ 2,485.00 1 Drivers Barrier kitfor Promaster3500 I $ 1,795.001 $ 1,795.00 -I Subtotal Manufacturer bons: $ a280.00 CBS UNPUBLISHED OMONS Type O - Front Ramp Full Size Conversion Van Qtv Description FY 2020 List Prim QTYTotal 1 Upgrade to 40"Passenger Entrance Door 1,650.00 $ 3650.00 1 Upgrade to 34"Wide swing -Amy Manual Ram $ 625.00 $ 625.00 1 Camera System Pre(purchase and install cables terminated at DVR and Camera locations 1 $ 875.00 875.00 • Subtotal CBS Unpublished Cltions: $ 3 150.00 SUPPLWMENTAL LICENSE INFORMATION 7L•Xus I>cp.Irtmcnt FRANCHISED MOTOR VEHICLE DEALER r f Motor Vehicles LICENSE NO: C138028 MOTOR VEHICLE DIVIS168NERAL DISTINGUISHING NUMBER: Creative Bus Salcs, Inc. 4955 W NORTHGATE DR. IRVING, TEXAS MONTGOMERY 75062 ADDITIONAL LOCATION(S): For used vehicle sales only P 118245 Motor Vchicle EXPIRES: 0630.2022 PHYSICAL LOCATION: 4955 WEST NORTHGATE DRIVE IRVING, TEXAS DALLAS 75062 WARNING: PENAL CODE SECTION 37.10, PROVIDES THAT TAMPERING WITH A GOVERNMENTAL RECORD IS AN OFFENSE PUNISHABLE AS A SECOND-DEGREE FELONY. FRANCHISED MOTOR VEHICLE DEALER Texas Depanmcnt LICENSE NO: C138028 Df MOU)r VchiCleS GENERAL DISTINGUISHING NUMBER: MOTOR VEHICLE DIVISION P118245 Motor Vehicle Creative Bus Sales, Inc. EXPIRES: 06-30-2022 4955 W NORTHGATE DR. PHYSICAL LOCATION: IRVING, TEXAS MONTGOMERY 75062 4955 WEST NORTHGATE DRIVE IRVING, TEXAS DALLAS 75062 THIS DEALERSHIP IS LICENSED TO ONLY SELL THE FOLLOWING LINE(S) OF NEW MOTOR VEHICLES: Challenger: BS-Bus, STARCRAFT BUS Be MOBILITY : BS-Bus, Crusader: BS-Sus, EC II : BS-Bus, Senator II : BS-Bus, Candidate II : BS-Bus, Arboc: BS-Bus, MV-1: AA -Passenger Auto, Senator HD; BS-Bus, ELDORADO NATIONAL CALIFORNIA: BS-Bus, ELKHART COACH : BS-Bus, Hometown Trolley: BS-Bus, GLAVAL BUS: BS-Bus, Defender: BS-Bus, Berkshire Coach : BS-Bus, KSIR Bus: BS-Bus, ELDORADO NATIONAL KANSAS : BS-Bus, Goshen: BS-Bus, World Trans : BS-Bus ADDITIONAL LOCATION(S): For used vehicle sales only 3880 Valley View Ln,Dallas,Irving,Texas,75062-2418 HAVING SATISFIED THE APPLICABLE REQUIREMENTS OF CHAPTER 2301 OF THE TEXAS OCCUPATIONS CODE, CHAPTER 503 OF THE TEXAS TRANSPORTATION CODE, AND THE RULES OF THE BOARD, THE PERSON NAMED ABOVE IS HEREBY LICENSED WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES, MOTOR VEHICLE DIVISION, Daniel Avitia, Director Texas Department of Motor Vehicles Motor Vehicle Division WARNING: PENAL CODE SECTION 37.10, PROVIDES THAT TAMPERING WITH A GOVERNMENTAL RECORD 1S AN OFFENSE PUNISHABLE AS A SECOND-DEGREE FELONY.