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HomeMy WebLinkAboutResolution - 2020-R0387 - Contract 15403 with Waste SystemsResolution No. 2020-R0387 Item No. 6.8 November 2, 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, Contract No. 15403 for purchase of hydraulic cylinders for refuse trucks per ITB 20-15403-RR, by and between the City of Lubbock and Waste Systems, of Abernathy, 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 November 2, 2020 DANIEL M. POPE, MAYOR ATTEST: _JX Reb cca Garza, City Sec et APPROVED AS TO CONTENT: Mark Y`earwoon, Assistant City Manager APPROVED AS TO FORM: ccdocs/RES.Contract 15403-Hydraulic cylinders 10.2.20 Resolution No. 2020-RO387 Contract 15403 City of Lubbock, TX Contract for Hydraulic Cylinders for Refuse Trucks THIS CONTRACT made and entered into this 2nd day of November , 2020, by and between the City of Lubbock ("City"), and Waste Systems , ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Hydraulic Cylinders for Refuse Trucks 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 Hydraulic Cylinders for Refuse Trucks. 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, Purchase of Hydraulic Cylinders and more specifically referred to as Items #2 through #11 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 terms and conditions contained herein. The contract shall be for a term of one (1) year, with the option of two (2), one year extensions, said date of term 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), whichever 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) performance 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. 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. 8. 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. 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. 10. All funds 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 specifically 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 purposes; 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. 16. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15403-RR, Specifications, and the Bid Form. -----INTENTIONALLY LEFT BLANK----- 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 CK Daniel M. Pope, Mayor ATTEST: Re ec a Garza, City Secrefiry APPROVED A TENT: Billy Taylor, Directo of Fleet Services APPROVED AS TO Kelli Leis Assistant Ci ey CONTRACTO BY a,. Authorized Representative 9M,4 PPr,kC� .s�, Print Name e3 0 to o `CR stw-4 £ acz' Address ` va3 City, State, Zip Code REVISED BID FORM City of Labboek, TX Purdwft and Contrad Msnagerreut Hydnulk Cylladers for Reba Tracks li M No. 20-15403-RR In compliance with the Invkafto to Bid 20-15403-RR, the undersigned Bidder having examined the Invitation to Bid and Speciiicadons, and being familiar with the conditions to be met, herby submits the following Bid for fumW tg 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 omisdons, alterations of form, conditional oral alternate bids, additions or alternates in lieu of the its specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected vahma or irregWarities of any kind. The invitation w Bid W1540-RR is by refmace Incorporated in the contraa The Bid Form most be completed in blue or black Ink or by typewriter. iT&M QT Y UOM Category 1: Cylinder part Numbers for UNIT PRICE* OCTEMED COS(a **Delivery KANN refuse trucks (b) x � days ARO 1 20 EA Scissor Cylindr Pat 03531044 2 20 EA ITailgateCylinda Part 01400161 4 -14, CIS 1 I A J A. �p I• ZL 3 20 EA Packer Cylinder Part #1400204 6 5 a. 3 j 5 B oy 6.90 J -3 4 20 EA Hopper Door Cylinder Part # 1400176 5 20 EA Hydraulic Pump Pan 04530042 Category 2: Cylinder part Numbers PAC -OR 20 EA refbw trod Pecking Cylinder Pan #SDMMc-15-"0 6 7 20 EA Hopper Door Cylinder Part 04148043 9 91B o0 1 q q (0o d 1 ,o 8 20 EA Carriage Cylinder Part #4148026 s a ,a O Ig 0'1+ t . a4 •3 9 20 EA Tail Gape Cylinder Part 04149070 g 7 0 . l -1,1y oe , o o 10 20 EA Hydraulic Pomp Part *2021306 a 1l p o a a'•i Z,,�.o©-oo t 11 20 EA Hydraulic Pump Manifold Part 02021306-F 1,4 a o . oo Z 9 600,oO 1 - 3 *PRIC & F.O.B. Destination, Frelht Pr04Ptdd and Allowed **Days After Receipt of Order (ARO) TOTAL $ 415,886.20 Unless otherwise specifted herein, the City may award the bid either hem -by —item or on an all -or -nose basis for any Item or group of Items shown on the bW 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, N multiple awards are in the best loterest 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 days. Discounts will not be considered in deeming low bid Unless otherwise indicated on the Bid Form, payment teams will be NET THIRTY DAYS. The City will pay the successfM 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 clays 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 lace quality and quantity of the products/servfcim does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/aervices 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 lowr net price(a) than provided henain, supplier agrees to notify the City and sell same producl(s) at the lower price(s) on all deliveries node 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 ofTexas, by mutual agreement with the successful bidder, and properly authorized unterlocal purchasing agreements as provided for by the leterlocal Cooperation Act (Chapter 791, Government Coda] the right to purchase the same services, at the price quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if hdshe will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should time other governmental entities decide to participate in this contract, would you (the bidder) agree that all teens, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Friendship 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 Woltforth. YES x NO • If you (the bidder) chocked YES, the following will apply: • Governmental entities utilizing Interloeal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contmot(s) awarded as a result of this solicitation. All purchases by governments[ 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__ C As�}-1s Sy�a corporation organized under the laws of the State of X /ZS . or a partnership consisting of or individual trading as of the City of Firm: W AS`-�—lE S`i Sft-6n4S o -1 M+ r a1 -537 Bidder acknowledges receipt of the failowinng addenda: Addenda No. t Addenda No. Date aS•,a� Date State: i sic Zip--�g31� Addenda No. Addenda No. Date Date M/WBE Authorized Representative must sign by hand Black Officer Name and Title: �'Z Please Print Business Telephone Number �4 '! �7 a3�3\ FAX S?O (, -J S -7 • )L r E-mail Address: SAS - ,,!nSt_ FOR CITY USE ONLY Did Form Item Number(s) Awarded to Above Named FicWWividual: Date of Award by City Council (forbids over 850,0W): Date P.OJConew 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. City of Lubbock, TX Purchasing and Contract Management ITB 20-15403-RR Hydraulic Cylinders for Refuse Trucks Specifications Scone The City of Lubbock ("the City) is seeking a contract for Hydraulic Cylinders for Refuse trucks Truck Categories The following is a current list of categories of City vehicles and equipment, by Category that are included in this maintenance and repair contract. Category Estimated Qty. Description 1) Trucks 69 Class 8 Warranty YES NO 2) Can you provide a 1 year warranty for all Cylinders CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2020-673735 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Waste Systems Abernathy, TX United States Date Filed: 10/01/2020 Date Acknowledged: 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 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 15403 Hydraulic Cylinders for Refuse Trucks Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Parkey, Terry Abernathy, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is 1 >; j�i�`r phi and my date of birth is Myaddressis fa0"Lnt�ERS�1�-�-C ;L-j �`7 Pk6-'Rrn1, �/ �Q311 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in }L 1 s County, State of -I—E-)( �s , on the S - day of �ws r 20a� (month) (year) Signature of authorized agent of contracting business entity (Declarant) W—cinn \/1 1 gaRaaf 7r1 Forms provided by Texas ttnics commission wwVr.cuuia.a.cua.�."• CERTIFICATE OF INTERESTED PARTIES FORM 1.295 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. 2020-673735 Waste Systems Abernathy, TX United States Date Filed: 10/01/2020 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. 15403 Hydraulic Cylinders for Refuse Trucks 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Parkey, Terry Abernathy, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 LINSWORN 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. 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Bids were received and opened on Sept. 3', 2020. They were as follows: Contractor Amount Kann Manufacturing of Gutenberg, IA NQAS Rush Truck Center of Lubbock, TX $412,700.00 Waste Systems of Abernathy, TX $415,886.20 The contract is awarded by the unit price. The total amount of the award is estimated based on expected quantities and actual expenditures may be more or less depending on actual quantities. The price per unit will not change. SUMMARY/RECOMMENDATION: Fleet Operations recommends awarding the contract to the lowest bidder that bid on all line items, Waste Systems of Abernathy, TX. Rush Truck Center only bid on line items 6,7,8,9 & 10. FISCAL IMPACT: A total of $275,000 per year with the option of two, one year renewals for a contract total of $850,000. Appropriated funds available in account 3526.8202.5811 for this purpose. City of Lubbock Fleet Services Bid Tabulation ITB 20-15403-RR Hydraulic Cylinders for Refuse Trucks Extended Item U/M Qty DescriptionNendor Location Unit Cost Cost 1 EA 20 Scissor Cylinder Part #3531044 Kann Manufacturing Guttenberg, IA No Bid Waste Systems Abernathy, TX No Bid 2 EA 20 Tailgate Cylinder Part #1400161 Kann Manufacturing Guttenberg, IA 512.75 *NR Waste Systems Abernathy, TX 674.13 13,482.60 3 EA 20 Packer Cylinder Part # 1400204 Kann Manufaturing Guttenberg, IA 1,718.06 *NR Waste Systems Abernathy, TX 2,652.34 53,046.80 4 EA 20 Hopper Door Cylinder Part # 1400176 Kann Manufacturing Guttenberg, IA 961.01 *NR Waste Systems Abernathy, TX 1,477.64 29,552.80 5 EA 20 Hydraulic Pump Part # 4530042 Kann Manufacturing Guttenberg, IA 5,577.42 *NR Waste Systems Abernathy, TX 1,860.00 37,200.00 6 EA 20 Packing Cylinder Part # SD85Mc-15-220 Waste System Abernathy, TX 7,770.00 155,400.00 Rush Truck Centers of Texas, LP Lubbock, TX 8,960.00 179,200.00 7 EA 20 Hopper Door Cylinder Part # 4148043 Waste Systems Abernathy, TX 998.00 19,960.00 Rush Truck Centers of Texas, LP Lubbock, TX 1,460.00 29,200.00 8 EA 20 Carriage Cylinder Part # 4148026 Waste Systems Abernathy, TX 952.20 19,044.00 Rush Truck Centers of Texas, LP Lubbock, TX 1,125.00 22,500.00 9 EA 20 Tail Gate Cylinder Part # 4149070 Waste Systems Abernathy, TX 870.00 17,400.00 Rush Truck Centers of Texas, LP Lubbock, TX 1,090.00 21,800.00 10 EA 20 Hydraulic Pump Part # 2021306 Waste Systems Abernathy, TX 2,110.00 42,200.00 Rush Truck Centers of Texas, LP Lubbock, TX 8,000.00 160,000.00 11 EA 20 Hydraulic Pump Manifold Part #2021306-F Waste Systems Abernathy, TX 1,430.00 28,600.00 Item by Item Kann Manufacturing (Line Items 1-5) Guttenberg, IA *NR Rush Truck Center (Line Items 6-10) Lubbock, TX 412,700.00 Waste Systems (Line Items 1-11) Abernathy, TX 415,886.20 *NR - Non Responsive qlrubl k f[MR Purchasing and Contract Management Project Summary ITB 20-15403-RR Hydraulic Cylinders for Refuse Trucks Notice was published in the Lubbock Avalanche Journal August 16 & August 23 Notice was published on BidSync.com from August, 14" to September, 3'd, 2020. 6 individuals attend the pre -conference meeting. 39 vendors viewed using BidSync.com. 12 vendors downloaded the documents. 24 vendors were notified separately. 3 vendors submitted a proposal. 3 vendors submitted a No Bid