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HomeMy WebLinkAboutResolution - 2018-R0213 - K.W. Sharp, Inc. - 07/12/2018Resolution No. 2018-R0213 IteIIl No. 6.6 July 12, 2018 RESOLUTION BE ITRESOLVED BY THE CITY COLNC1L OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and oil behall' of the City of Lubbock, Contract No. 14147 for Water Inventory Items its per l TB 18-14042-F•M, by and between the City of Lubbock and K. W. Sharp, 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 af'thc City Council. Passed by the City Council on _ July 12, 2018 DANIEL M. POI F, MAYOR ATTEST: Re •cca Garza, City Secret y APPROVED AS TO CONTENT: I3lit Kostel' h, C hicf I7' inancial Officer APPROVEI) AS TO FORM: jj�&'OjWUAI�, K Ili Leisure, Assistant City Attorney ccdocs/RES,Contract 14147.Water Inventory Items.K. W. Sharp, Inc. 06.26.2018 Resolution No. 2018-RO213 Contract 14147 City of Lubbock, TX Contract for Water Inventory Items THIS CONTRACT made and entered into this t 21h day of MY . 2018, by and between the City of Lubbock ("City"), and K. W. Sharp Inc. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for 18-14042-FM Water Inventory Items 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 Water Inventory Items. 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, the Contractor will deliver to the City, Water Inventory Items and more specifically described in Exhibit "A" 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. 3. The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said date of term beginning upon formal approval. Quantities stated are approximations of usage during the time period to be covered by pricing established by this bid. Order quantities will be determined by actual need. Price adjustments may be allowed for "Pass Through" costs incurred by vendor. Requests for price adjustments will be WRITTEN, and will include documentation that substantiates additional costs. All requests will be received by the City 30 DAYS PRIOR to a requested effective date for a price adjustment. Such adjustments must be acceptable to both parties or the item(s) in question may be deleted from the contract with respect to further orders, or the contract may be canceled and new bids solicited. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or 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. 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. b. 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 ini'onnation 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 following type(s) and TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY ❑ General Aggregate AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos Per Occurrence $1,000,000 COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) EXCESS LIABILITY ❑ Umbrella Form Each Occurrence Aggregate (GARAGE LIABILITY ❑ Any Auto ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ CARGO Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ❑ EMPLOYERS' LIABILITY SO$ 0,000 OTHER: COPIES OF ENDOSEIMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include products ofcompleted operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock 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 131h 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. 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. 9. 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 iiom 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 tenninate the contract, without termination charge or other liability, oil 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 slialI 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 sliall provide proof on insurance from the Subcontractor that complies with all contract insurance requirements. 12. This Contract consists of the following documents. Invitation to Bid No. 18-14042-FM, Specifications, and [aid Fond. Exhibit "A" represents each of the: items the contractor was found to be the best value for the City. The original bid forms shall remain in the office of the Director of Purchasing and Contract Management. 13. The Contractor warrants that it complies with Chapter 2270, Subtitle F. Title 10 of the Texas Government Code verifying that: ( l) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 14. Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified Comptroller as a company known to have contracts with or provide supplies or services with Iran, Sudan, or a foreign terrorist organization. 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 OCK Daniel M. Pope, Mayor ATTEST: Reb • •ca Garza, City Secre iry APPROVED AS TO CONTENT: D. Blu Ko • elich, Chief Financial Officer 7AP O ED AS TO FORM: 1f Ili Leisure, Assistant City Attonicy, CONT ACTORRY Authorised Representative Print Name 'Vo0 it ►4VG Address " 6OdOk 9yd City, State, Zip Cade City of Lubbock,TX K. W. Sharp Inc. of Lubbock, TX Exhibit A Line Item Item Number UAI QTY Description Unit Cost Extended Cost 3 421030000 EA 2 5-1/4"-3' Fire Hydrant S 1,305.00 S 2,610.00 4 421030001 EA 1 5-1/4" 3 1/2 Fire Hydrant 1.335.00 1,335.00 5 421030002 EA 6 5-1/4" 4' Fire 1lydrunt 1,366.00 8,196.00 6 421030003 EA 35 54/4' 4-I/2' Fire Hydrant 1,398.00 48,930.00 53 473020068 EA 80 2-1/4" x 7 1/2" Full Circle Clamp 31.02 2,481.60 62 473020095 EA 20 10"xl" Service Clamp 21.34 426.80 108 473020355 EA 100 5/8 X 3/4" Meter Rescuer w/ Valve 7 69.95 6,995.00 110 47320357 EA 72 5/8x3/4" Meter Rescuer w/ Valve 12 73.50 5,292.00 132 473020440 EA 6 8" Mechanical Joint Restraining Gland 26.74 160.44 180 473020543 EA 360 Plastic Meter Box. East Jordan 137.00 49,320.00 196 473020562 EA 40 I" x V Meter Rescuer IS* In Height 185.99 7,439.60 298 482020003 EA 60 2"Corp Stop Male -Male 163.00 9,780.00 305 482020046 EA 220 2" Ball Valve -Ford 176.00 38,720.00 317 482030012 EA 1 Gate Valve 8" 636.62 636.62 318 48200019 EA 2 Gate Valve 3" 273.00 546.00 319 482030020 EA 2 Gate Valve 4" 311.00 622.00 320 482030021 EA I Gate Valve 6" 414.00 414.00 323 482030025 EA 6 4"MJ Gate Valve 299.50 1,797.00 324 482030026 EA 1 611MJ Gate Valve 399.00 399.00 326 482030028 EA 2 Gate Valve 8" Ml 618.50 1237.00 327 482030030 EA I 2"MJ Cate Valve 199.00 199.00 328 482030031 EA 2 3"MJ Gate Valve 284.00 568.00 329 482030032 EA 20 4"MJ Gate Valve 317.00 6,340.00 332 482030035 EA 2 Gate Valve 10" 992.00 1,984.00 333 482030036 EA 4 Gate Valve 12" 1.245.00 4,980.00 336 482030039 EA 8 Tapping Valve 8" MI 814,00 6,512.00 337 482030040 EA 1 Tapping Valve 10" M1 1,242.53 1,242.53 338 482030041 EA 1 12" MJ Tapping Valve 1,845.00 1,845.00 Item by Item Total: S 211,008.59