HomeMy WebLinkAboutResolution - 2020-R0113 - Battery Solutions, Inc. - 03_24_2020Resolution No. 2020-RO 113
Item No. 7.19
March 24,2020
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, Service Contract No. 15221 for Automotive
Batteries for City Vehicles as per 20-15142-KM, by and between the City of Lubbock and
Battery Solutions, Inc., of Lubbock, Texas, 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 March 24, 2020
DANIEL. M. POPE, MAYOR
ATTEST:
D'/), c
Rebe a Garza, City Secr tai
APPROVED AS TO CONTENT:
Mark Ye wood, Assistant City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdocs/RES.Contract 15221 —Automotive Batteries for City Vehicles
March 3,2020
Resolution No. 2020-R0113 Contract 15142
City of Lubbock, TX
Contract for
Automotive Batteries for City Vehicles
THIS CONTRACT made and entered into this 24 day of March 2020, by and between the City of
Lubbock("City"),and Battery Solutions,Inc., ("Contractor").
WITNESSETH:
WHEREAS,the City of Lubbock duly advertised for bids for Automotive Batteries for City Vehicles and bids
were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution,
in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said
Automotive Batteries for City Vehicles.
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 are attached hereto and made
part hereof, Contractor will deliver to the City,Automotive Batteries for City Vehicles and more specifically
referred to as Item 8 and 15 through 20 on 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 teens and conditions contained herein.
3. The contract shall be for a tern of one (1) year, with the option of four(4), one year extensions, said date of
tern beginning upon formal approval.All stated annual quantities are approximations of usage during the time
period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities
will be determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The
Contractor must maintain the insurance coverage required during the term of this contract including any
extensions.It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing
and Contract Management Department as required by contract or contract may be terminated for non-
compliance.
4. Prices quoted shall be set for a period for one(1)year, said date of term beginning upon City Council date of
formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in Consumer Price Index(CPI) or Product Price Index (PPI),which ever is most appropriate
for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be
based on either the local or national index average rage for all items. If agreement cannot be reached, the
contract is terminated at the end of the current contract period.
5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
perfonnance of services ordered,or(3)termination of by either party with a 30 day written notice.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.
6. 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.
7. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the
coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required
information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER
THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective
period of the contract and to require adjustment of'insurance coverages and their limits when deemed necessary and
prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well
as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by
the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof,at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas
and acceptable to the City, in the followin type(s) and amount(s):
TYPE OF INSURANCE COMBINED SINGLE LIMIT
GENERAL LIABILITY
Commercial General Liability General Aggregate 1.000,000
Claims Made Occurrence Products-Comp/Op AGG X
W/Heavy Equipment Personal& Adv. Injury X
To Include Products of Complete Operation Endorsements Contractual Liability X
Fire Damage(Any one Fire)
Med Exp(Any one Person)
PROFESSIONAL LIABILITY
General Aggregate
AUTOMOTIVE LIABILITY
Any Auto All Owned Autos
Scheduled Autos Hired Autos
Non-Owned Autos Per Occurrence 1,000.000
EXCESS LIABILITY
Umbrella Form Each Occurrence
Aggregate
GARAGE LIABILITY
Any Auto Auto Only-Each Accident
Other than Auto Only:
Each Accident
Aggregate
BUILDER'S RISK 100%of the Total Contract Price
INSTALLATION FLOATER 100%of the Total Material Costs
CARGO
WORKERS COMPENSATION—STATUTORY AMOUNTS OR
OCCUPATIONAL MEDICAL AND DISABILITY
EMPLOYERS' LIABILITY 1,000.000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
City of Lubbock named ar adclitiorrctl insured on Aitto/General Liability oar a prinoary and non-contributory bases.
To inclucle products of completes!operations endonvettaent.
Waiver ofsubrogation in,fava-gfthe City ofLubbock on all coverages, except
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense,to the City and all endorsements thereto
and may make any reasonable request for deletion, revision, or modification of particular policy terms,
conditions, limitations, or exclusions(except where policy provisions are established by law or regulation
binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the
City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay
the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of
insurance will contain and state, in writing, on the certificate or its attachment,the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as
the interest of each insured may appear)as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be
covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30
days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing&Contract Management
City of Lubbock
1625 1311'Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor
shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the
Contractor from liability.
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. 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 covet of competentjurisdiction.
Father, 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.
10. 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 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.
11. All fiends for payment by the City under this contract are subject to the availability of an annual appropriation
for this purpose by the City. in the event of non-appropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without
termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation
made for the then-current year for the goods or services covered by this contract is spent, whichever event
occurs first. If at any time funds are not appropriated for the continuance of this contract,cancellation shall be
accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and
the City shall not be obligated under this contract beyond the date of termination.
12. The Contractor shall not assign or sublet the contract,or any portion of the contract, without written consent
from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall
insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all
contract Insurance requirements.
13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read,fully understands,
and will be in full compliance with all terms and conditions and the descriptive material contained herein and
any additional associated documents and Amendments.The City disclaims any terms and conditions provided
by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor,the terms and conditions provided herein
shall prevail.The terms and conditions provided herein are the final terms agreed upon by the parties, and any
prior conflicting terms shall be of no force or effect.
14. TEXAS GOVERNMENT CODE SECTION 2252.15
The Contractor(i)does not engage in business with Iran, Sudan or any foreign terrorist organization and(ii)
it is not listed by the Texas Comptroller under Section 2252.153,Texas Government Code, as a company
known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in
the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such
term in Section 2252.151,Texas Government Code.
15. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J,Chapter 552,Government Code, may apply to this contract and
the contractor or vendor agrees that the contract can be terminated if the contractor or vendor
knowingly or intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552,Government Code applies to this agreement, Contractor agrees to:
1)preserve all contracting information related to the contact as provided by the records retention requirements
applicable to the governmental body for the duration of the contract;(2)promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession of the entity on
request of the governmental body; and(3)on completion of the contract, either: (A)provide at no cost to the
governmental body all contracting information related to the contract that is in the custody or possession of the
entity;or(B)preserve the contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body.
16. HB 89
The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying
that:
1) The Contractor does not boycott Israel;and
2) The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2270.001, Texas Government Code:
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 specffically 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
pun poses; and
2. "Company"means a for profit sole proprietorship, organization, association, corporation,
partnership,joint venture, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majority-owned subsidiary,parent
company or affiliate of those entities or business associations that exist to make a profit.
17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15142-KM,
Specifications, and the Bid Form.
City of Lubbock Bid ITB 20-15142-KM
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 LUB K
CONTRACTWRDanielM. Pope,Mayor Authorized R
1)1 N ooJ
ATTEST: Print Name
7 x3,- Ave /5.
Retie ca Garza,City Secre ry Address
APPROV C NTENT: City, State,Zip Code
Billy Taylor, Director A Fleet Operations
A EDA TO FORM:
I&H Leisure, Assistant City Attorney
2!7!2020 1:06 PM p.46
INTENTIONALLY LEFT BLANK---
City of Lubbock Bid ITB 20-15142-KM
SID FORM
City of Lubbock,TX
Purchasing and Contract Management
Automotive Batteries for City'Vehicles
TITS No. 20-15142-1<M
In compliance with the Invitation to Bid 20-15142-KM,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 20-15142-KM is by reference incorporated in this contract.The Bid Form
must be completed in blue or black ink or by typewriter.
QTY UNIT OF DESCRIPTION UNIT PRICE* Extended AGM Delivery
ITEM (more or less) MEASURE BCI GROUP NUMBER BID Cost BID** Days
ifavailable) ARO***
4x. 2.7, y
4. 19 BA I-Feup 34 Ra#eries
2 FA Group 34R Batteries
Ll 26—,
8. 23 EA Group 78 Batteries
1 i 733,S'0/
1 '7 X.•-7
7 64
15. 10 EA Group 4D Batteries
M. 6 EA Group 3EH Batteries
q Y
17. 100 EA Group H-6 Batteries
18. 20 EA Group 35 Batteries
19. 50 EA Group H-7/94R Batteries
20. 22 EA Group 86 Batteries
r.
i.
v, 11 a 7 y, of
SAhuchanSid DeceM 20-I SibMM
2/7/2020 1:06 PM p.63
City of Lubbock Bid ITB 20-15142-KM
QTY UNIT OP DESCRIPTION UNIT PRICE* Extended AGM Delivery
ITEM (more or less) MEASURE BCT GROUP NUMBER BID Cost BID** Days
if available) ARO***
TOTAL.(1-20) S
44—13,794.14
i
PRICE:F.O.B.Destination,Freight Pre-Paid and Allowed AGM Absorbent Glass Mat
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 0 %,net 5,Ocalendar 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 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. I£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 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,West Texas Municipal
Power Agency,Lynn County,and City of Wolfforth.
YES NO
J ..
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 materials/services under the contract(s)awarded as a result ofthis 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 materials/service as needed.
THIS`BID IS SUBMITTED BY 5 i
City of Lubbock Bid ITB 20-15142-KM
Firm: fls7
Address: C 41"e. A
City: Llrt x State: Zig
Bidder acknowledges receipt of the following addenda:
Addenda No. Addenda No. Addenda No. 3 Addenda No.
DateC_y-ZQ Datep_; -04-7 Date 7—Z P Date
rv1/WBEFirm:j I Woman Black American Native American
Hispanic American Asian Pacific Ameriel Other(Specify)
By Date:
Authorized Repre emir -
must sign by hand
Officer Name and Title: l ew Z C'
Please Print
Business Telephone Number 11 771- _3 712 FAX:_;Ql Z71- y
ZZ /
E-mail Address: s fi edv P/' S j- " C,
l
FOR CITY USE ONLY
Bid Form Item Number(s)Awarded to Above Named Firm/Individual:
Date of Award by City Council(for bids over$50,000): 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.
S:Twchase%d No=20.15142-KM
2/712020 1:06 PM P.65
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-599232
Battery Solutions Inc.
Lubbock, TX United States
Date Filed:
03/16/2020
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
03/16/2020
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.
ITB 20-15142-KM
Automotive Batteries for City Vehicles Contract 15221
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Gafford, Margaret
Lubbock, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalty 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.tx.us Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos.1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-599232
Battery Solutions Inc.
Lubbock, TX United States
Date Filed:
03/16/2020
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
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.
ITB 20-15142-KM
Automotive Batteries for City Vehicles Contract 15221
4
Name of Interested Party
City, State, Country (place of business)
Nature of Interest
(check applicable)
Controlling
Intermediary
Gafford, Margaret
Lubbock, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
M name is XC0 eY,and my date of birth is
My address is _ 7 D
(street) (cdy) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of 20
(month) (year)
-944-11f A 4 -./ //'y1L-.'fflr-4W.-�/ i I
Si"a re of authd19d"adaWf contracting business entity
(Decia nt)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d