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Resolution - 2011-R0091 - Contract - Stewart & Stevenson Power Products LLC - Generator Maintenance/Repair - 02/24/2011
Resolution No, 2011-R0091 February 24, 2011 Item 5.17 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. 9899 for annual pricing for maintenance and repair of fixed generators at various locations, by and between the City of Lubbock and Stewart & Stevenson Power Products, LLC, 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 February 24, 2011 <-*-17 TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Mark\Yc"6bd, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney I vw:ccdocs/RES.Contract-Stewart & Stevenson Power Products February 7, 2011 Resolution No. 2011—ROO91 CONTRAcr9899 CITY OF LUBBOCK CONTRACT FOR SERVICES Maintenance and Repair of Fixed Generators at Various Locations - Annual Pricing CITY OF LUBBOCK, TEXAS ITB -11 -9899 -DD THIS CONTRACT, made and entered into this 24th day of February, 2011, pursuant to a resolution between the City of Lubbock ("City"), and Stewart and Stevenson Power Products, LLC, ("Contractor") of Lubbock, Texas. WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Maintenance and Repair of Fixed Generators as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the of the said, Maintenance and Repair of Fixed Generators. 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 specifications and bid are hereto and made part hereof, Contractor will maintain for the City the Maintenance and Repair of Fixed Generators specifically referred to as Items) No. 1-17 and more particularly described in the bid submitted by the Contractor or in the specifications. 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 specifications, offer, and terms and condition: payment's do not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid. 4. The contract shall be for a period of one year, said date of term beginning formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the 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 rate, whichever is most appropriate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. 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. 6. The City Right to Audit: At any time during the term of this 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 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. 7. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Worker's Compensation Statutory And Employers Liability $500,000 Commercial General Liability insurance including coverage for the following: Combined single limit for bodily injury and property damage of per occurrence or its equivalent. $500,000 a. Products/completed operations b. Personal & Advertising injury c. Contractual liability Comprehensive Automobile Combined single limit for Liability insurance, including bodily injury and property Coverage for loading and unloading of50$ 0,000 hazards, for: Any Auto per occurrence or its equivalent. THE CITY OF LUBBOCK SHALL BE NAMED A PRIMARY ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION IN FAVOR OF THE CITY ON ALL COVERAGE'S. ALL COPIES OF THE CERTIFICATES OF INSURANCE SHALL REFERENCE THE RFP OR BID NUMBER FOR WHICH THE INSURANCE IS BEING SUPPLIED. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insured's under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 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. This Contract consists of the following documents set forth; Invitation to Bid #11 -9899 -DD General Conditions, Specifications, and the Bid Form. 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 LUBBOCK: Tom %rtin, Mayor ATTEST: CONTRACTOR: BY t prized Repre tativeZs Address 7x-, y� Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Mark Ye ood, Aistant Oty Manager f Chief Information Officer APPROVE TO F RM: Assistant City Attorney ITB -11 -9899 -DD- Maintenance and Repair of Fixed Generators at Various Locations - Annual Pricing Resolution No. 2011-80091 BID FORM Maintenance and Repair of Fixed Generators at Various Locations - Annual Pricing CITY OF LUBBOCK, TEXAS ITB -11 -9899 -DD In compliance with the Invitation to Bid 11 -9899 -DD, 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. The Invitation to Bid 11 -9899 -DD is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITE QTY t UIM DESCRIPTION BI -ANNUAL ANNUAL ANNUAL ANNUAL ANNUAL M Inspection Inspection Full Load Bank CONTRACT Maintenance Testing only PRICE As required Inspection, Full Maintenance and Load Bank Testing A. B. C. D. E. F.=Ex2 G ff. L=F+G+H Cummins 1,000 KW �J v �, 1. I EA Model DFHD- $ ,. $ $ $ 5774238 as specified OnanlCummins 2. I EA 150 KW, Model DGFA-337121$ �(r 4 i y� 7 -3 3- f /r71 QQ ass specified �i j (J' 3. 1 EA Caterpillar 600 KW, Model 3412 - (l� P �� /� tf d ! d ,t ass specified /r O 4. I EA Kohler 475 KW Model SOOREOZV as specified 5. 1 EA Caterpillar 120 KW Model D125- ! �— /K 00 1g! 6asspecified. VG/S ILJ 6. 1 EA Generac 100 KW Model 7703 260 100 as� I (] e1 specified 7. I EA Caterpillar 9OKW Model 90-938 as tl 06, specified r Stewart & 8. 1 EA Stevens 250 KW Model 6V926DTA- 3 l v/� 1, ,{' C-7 2505B as ( c� ?r 1 L)9r specified .� 9. 1 EA Generac 350 KWy Model 7899070 100 as / IFJLJ %� �J , y (i ad specified / J * Unit of Measure 11'B -10 -140 -DD 8 ITBA E -98991 -Do - Maintenance and Repair of Fixed Generators at Various Locations - Annual Pricing * Unit of measure ITB -I0 -140 -DD BI -ANNUAL ANNUAL ANNUAL ANNUAL ANNUAL ITEM QTY * U/M DESCRIPTION Inspection Inspection Full Load Bank CONTRACT Maintenance Testing only PRICE As required Inspection, Full Maintenance and Load Bank Testing A. B. C. D. E. F.=Ex2 G. H L=F+G+H Stewart & to. I EA Stevens 200 KW Model1 6GDT200SD as � / J / � � � 3 Q a tl , O specified [/ 11. I EA Generac 150 KW Model 9T15068KNNN C / , A as specified 12. I EA Cummins 200 KW Model NT335GS JJ j as specified 13. I EA Olympia 100 KW Model PLOOPLas C� / �(y 1 l SG' `� /0 specified 14. 1 EA Caterpillar 150 AMPS Model/© L_ _Cd (( a` ! /, 3304 as specified 15. f EA Kato KW Modell I OFPFPW4 l/ as specified 16. 1 EA Yamaha 6000 KW Madel E F6000 as i7 specified 17. I EA Onan 60 KW Model GGHE- 5635611 as C,7 / _ �' t� I �7 3 G0 f' specified 18.. I EA Onan 100 KW Model IOODGBL3331 l / A as specified 19, l EA International IOOKW Model G415JAY002 as / C7' 1 S 1 f 3 /t� specified 'wo 20. 1 EA Caterpillar 1250_ KW Model 3512 L,! I _I J to as specified 21. ! EA Caterpillar 400 KW Model C 1 "3lco ! L790 j / `3 `1� asspecified�'— * Unit of measure ITB -I0 -140 -DD ITB -11 -9899 -DO - Maintenance and Repair of Fixed Generators at Various Locations - Annual Pricing Resolution No. 2011—ROO91 ITEM QTY * U/M DESCRIPTION BI -ANNUAL ANNUAL ANNUAL ANNUAL ANNUAL Inspection Inspection Full Load Bank CONTRACT PRICE Maintenance Testing9flIX Inspection, Full As required Maintenance and Load Bank Testing A B. C D. E. F.=Ex2 G H. L=F+G+H 22. l EA Caterpillar 155 KW Model 3346✓ Cff tlt� as specified OVERALL TOTAL Items 1 through 22: $ / `7 * Unit of measure The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured 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. 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 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 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 of this 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. 1'1`13-16-140•DD 10 ITB -11 -9899 -DD - Maintenance and Repair of Fixed Generators at Various Locations -Annual Pricing THIS BID IS SUBMITTED BY4_661620 r t ✓ ��0 a corporation organized under the laws of the State of �� or a partnership consisting of or an individual trading as of the City of /-4,f Firm: tell / t1 ' eu f/�'4h (Jl!!e!F 66'�`��+7�6 ZZ—t--", City: Mf WBE Firm: By State:.a Zip d Q- Must sign by Officer Name and Title: er�L ar5 4:54'f /- m Q it Please Print 6 Business Telephone Numbers^ 7fXfL7 FAX: E -Mail Address r S -9 -0M LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB -10 -140 -DD 11 Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Q- Must sign by Officer Name and Title: er�L ar5 4:54'f /- m Q it Please Print 6 Business Telephone Numbers^ 7fXfL7 FAX: E -Mail Address r S -9 -0M LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB -10 -140 -DD 11 City of Lubbock, TX Generator Maintenance Services Final Tab Sheet February 24, 2011 ITB- l 1 -9899 -DD Maintenance and Repair of Fixed Generators at Various. Locations - Annual Pricing Resolution No. 2011-80091 Item Qty U/M Description/Vendor Location Annual Cost I 1 EA Cummings 1,000 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX $ 3,225 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 7,861 2 1 EA Qnan/Cummings 150 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,109 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 2,444 3 1 EA Caterpillar 600 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,429 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 3,937 4 1 EA Kohler 475 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,429 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 5,222 5 1 EA Caterpillar 120 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,109 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 2,383 6 l EA Generac 100 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,109 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 2,330 7 1 8 1 9 1 10 1 EA Caterpillar 90KW Generator Stewart & Stevenson Power Products, LLC Warren Power & Machinery, Inc. DBA Warren Cat EA Stewart & Stevens 250 KW Generator Stewart & Stevenson Power Products, LLC Warren Power & Machinery, Inc. DBA Warren Cat EA Generac 350 KW Generator Stewart & Stevenson Power Products, LLC Warren Power & Machinery, Inc, DBA Warren Cat EA Stewart & Stevens 200 KW Generator Stewart & Stevenson Power Products, LLC Warren Power & Machinery, Inc. DBA Warren Cat 1%41Pur111—'t1dd,1V21111 1 Lubbock, TX Lubbock, TX Lubbock, TX Lubbock, TX Lubbock, TX Lubbock, TX Lubbock, TX Lubbock, TX 2,109 2.310 2,429 3,618 2,429 4,214 2,429 3,020 City of Lubbock, TX Generator Maintenance Services Final Tab Sheet February 24, 2011 1 I I EA Generac 150 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX S 2,109 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 2,444 12 1 EA Cummings 200 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,429 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 3,017 13 l EA Olympia 100 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,109 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 2,330 14 1 EA Caterpillar 150 AMPS Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,109 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 2,383 15 I EA Kato 10 KW Generator Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 1,699 Stewart & Stevenson Power Products, LLC Lubbock, TX 1,769 16 1 EA Yamaha 6000 KW Generator Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 815 Stewart & Stevenson Power Products, LLC Lubbock, TX 4,096 17 1 EA Caterpillar 400 KW Generator Stewart & Stevenson Power Products, LLC Lubbock, TX 2,429 Warren Power & Machinery, Inc. DBA Warren Cat Lubbock, TX 4,189 Overall Totals Stewart & Stevenson Power Products, LLC Lubbock, TX $ 40,856 Warren Power & Machinery, Inc. DBA Warren Cat 54,216 2+) 2u 11 qI,idd,� -N, 11 2