HomeMy WebLinkAboutResolution - 2011-R0459 - Contract - Sears Commercial - CEAP, Refrigerator Replacement Program - 10/27/2011Resolution No. 2011-RO459
October 27, 2011
Item No. 5.16
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. 10273 for CEAP energy
efficiency refrigerator replacement program, by and between the City of Lubbock and
Sears Commercial of Richardson, 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 October 27, 2011
/"-- ,�,
TOM MARTIN, MAYOR
ATTEST:
-3N-
RebAca Garza, City Secretar
APPROVED AS TO CONTENT:
Quincy V46te/Assistant City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Sears Commercial
September 23, 2011
Resolution No. 2011-RO459
CONTRACT NO. 10273
CITY OF LUBBOCK, TX
CONTRACT FOR SERVICES
for
CEAP Energy Efficiency Refrigerator Replacement Program
ITB 11 -10273 -TL
THIS CONTRACT, made and entered into this 27th day of October, 2011, between the City of
Lubbock ("City"), and Sears Commercial, ("Contractor") of Richardson, Texas.
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for CEAP Energy Efficiency
Refrigerator Replacement Program for the City of Lubbock and bids were received and duly opened as
required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of
Lubbock has accepted such bid, and authorized execution, in the name of the City of Lubbock of a
contract with said Contractor covering the purchase and delivery of the said CEAP Energy Efficiency
Refrigerator Replacement Program
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:
In accordance with City's specifications and Contractor's bid, copies of which specifications
and bid are attached hereto and made part hereof, Contractor will deliver to the City the CEAP
Energy Efficiency Refrigerator Replacement Program specifically referred to as Line
Item(s) No.(s) 3-7 and more particularly described in the bid submitted by the Contractor or in
the specifications attached hereto.
2. The contract shall be for a term of one-year, said date of term beginning upon City Council date
of 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 for all items. If agreement cannot be reached, the
contract is terminated at the end of the current contract period.
3. This contract shall remain in effect until the expiration date, performance of services ordered,
or termination 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.
4. 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 City agrees to
pay the Contractor according to the payment schedule attached; said payment schedule does not
include any applicable sales or use tax.
5. The Contractor shall perform the work according to the procedure outlined in the specifications
and Invitation to Bid attached hereto and incorporated herein.
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.
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.
6. 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.
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 coverage 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.
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 amount(s):
Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage
pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of
the Texas Labor Code to ensure that the Contractor maintains said coverage. Any cancellation
or non -renewal of worker's compensation insurance coverage for the Contractor shall be a
material breach of this Contract. The contractor must maintain Occupational Medical and
Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be
endorsed to include a waiver of subrogation in favor of the CITY OF LUBBOCK. The
Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an
amount no less than $300,000.
TYPE AMOUNT
L Worker's Compensation Statutory
And/or
Employers Liability or Occupational Medial and Disability $300,000
2. General Liability insurance including coverage for the following:
a. General Aggregate Combined single limit for
b. Products/completed operations bodily injury and property
C. Personal injury damage of $300,000 per occurrence or its equivalent.
3. Automotive Liability Any Auto $300,000
The City of Lubbock shall be named a primary additional insured on general liability
with a waiver of subrogation in favor of the City on all coverage's. All copies of the
Certificates of Insurance shall reference the ITB number for which the insurance is being
supplied.
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.
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.
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.
S. 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.
9. This Contract consists of the following documents set forth herein, Invitation to Bid #11-
10273 -TL, 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 COTORj,
,�-1-- BYN
Tom Maitin, Mayor Authorized Representative
ATTEST:
Rebe ca Garza, City ecret
APPROVED AS TO CONTENT:
Z4 06,1
uincy Whit Osistant City Manager
APP D A O FORM:
Chad Weaver, Assistant City Attorney
Printed Name&+A "U`s' k B IW
Title:D Sl-kol lac
Resolution No. 2011-80459
ITB 1 I -10273 -TL CEAP Refrigerator Replacement Program
BID FORM
City of Lubbock
In compliance with the Invitation to Bid 11 -10273 -TL, 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 I I -10273 -TL is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
QTY
+/-
UNIT OF
MEASURE
DESCRIPTION
UNIT
PRICE*
BID
Extended
Cost
Delivery
Days
ARO**
1.
50
EA
Ener Star rated refrigerator 14 cu.ft.,
refrigeratorgper specification herein
$ r�.,
'J
$
Brand Name: k411MoVel Model #
2.
50
JEA
Energy Star rated refrigerator 15 cu.
ft.,refrigerator per specification herein
N✓0
ZP
1 14
/, , _ hqcve_, Model # z4b ` _ f
Brand Name: 14-,h
3.
50
EA
Energy Star rated refrigerator 17 cu.
ft.,refrigerator per specification herein ;
co
�i J�
I
Brand Name: , ` Model #
4.
50
EA
Energy Star rated refrigerator 18 cu.
ft.,refrigerator per specification herein
Brand Name: Madel #
VonfrYI.Q V`�
5.
50
EA
Energy Star rated refrigerator 20 cu.
ft.,refrigerator per specification herein
14
Brand Name: Model #
IS.
50
EA
Energy Star rated refrigerator 21 cu.
ft.,refrigerator per specification herein
Brand Name: Model #
4-&-- 6`LA (2-
C.-7.
7.
50
EA
Energy Star rated refrigerator 22 cu.
ft.,refrigerator per specification herein
Brand Name: Model #
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt ofOrder (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.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 94, 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
Q:Purchase/Bid Docs/11-10273-TL* �r' 1, � C CAq � t-'1 " ""
1
ITB 1 I -10273 -TL CEAP Refrigerator Replacement Program
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.
ME41-JEAVO RED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest pric atged
anyone else, inc u-dff g -it& tfavoured customer, for like quality and quantity of the products/ cv4e es not include an
element of profit on the sale in exces ally obtained by the Bidd a of products/services of like quality
and quantity; and does not include any provision for t n agents. If at any time during the contract period, the
supplier should sell or offer for sal er customer, an equal or ess similar contract products of like or
.better quality, at price(s) than provided herein, supplier agrees to notify the City an roduct(s) at the
c 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
Muni' a ower 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.
THIS BID IS SUBMI D BY
the laws of the State of
or an individual trading as
ONW1.
M/WBE Woman
Firm:
By
or a partnership consisting of 1\
of the City of
State: — Zips
Black American
poratton organized under
Native American
Hispanic American Asian PacificI Other (Specify)
American
Authorized Representative - must sign by hand
Q:purchase/Bid Docs/11-10273-TL
0
%/j/� `� ITB 1 1-10273-TL CEIPW&4
Refrigerator Replacement Program
eE—
A
Officer Name and Title:, --I ow 1 DL7(hd- �
Please Print rdf
t -N L
Business Telephone Number f c f FAX:���
E -Mail Address: L + �" r ► '�
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named FimVindividual:
Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
10
Q:PurchaWBid Docs/l1-10273-TL
ITB I I -10271 -TL CEAP Refrigerator Replacement Program
Resolution No. 2011—RO459
CEAP-Energy Efficiency Refrigerator Replacement Program
City of Lubbock, Texas
ITB #1 1 -10273 -TL
1I1. GENERAL REQUIREMENTS
1. Intent
a) The City of Lubbock (hereinafter called "City") is seeking bids from interested firms and
individuals, to provide energy efficiency refrigerators.
b) The contract shall be for one year firm pricing with the option to extend for an additional two
one year terms.
2. Specifications for Replacement of Refrigerators
1. Refrigerator replacement clients are pre -determined by the City of Lubbock Community
Development Department Housing Inspectors using the Texas Department of Housing and
Community Affairs guidelines.
2. The successful bidder is responsible for the removal of the existing refrigerator and disposal.
Disposal includes dismantling and recover refrigerant according to Comprehensive Energy
Assistance Program and Low -Income Home Energy Assistance Program Guidelines.
3. Unit Price shall include delivery, installation, and removal as stated.
4. On occasions the successful bidder may have to temporarily remove door jams to allow
refrigerator clearance.
5. On occasions, the successful bidder may also have to empty and restock contents of refrigerator.
6. On occasions, the City may require a size ranging between 15 and 21 cubic feet, at which time a
price will be negotiated on a case by case occurrence.
3 New Refrigerator must be as follows. Vendor shall return this form with bid..
Description
Sellers Compliance
yo-1,No
1 Energy Star Rated
2 Color -white /bisque
3 Style -upright
4 Top Freezer
5 Reversible side -swing door
6 At least 2 adjustable shelves
in fri erator section
7 At least 1 adjustable shelve
in freezer section
8 1 year limited parts and labor
warranty
25 v Yr P x K J,6 Q;Purchase/BidDocs/11-10273-TL (040 l� �,� ��