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HomeMy WebLinkAboutResolution - 2011-R0460 - Contract - JG & KG - CEAP, Refrigerator Replacement Program - 10/27/2011solution No. 2011—RO460 tuber 27, 2011 em No. 5.16 RESOLUTION 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. 10273-1 for CEAP energy efficiency refrigerator replacement program, by and between the City of Lubbock and JG & KG dba Radio Lab, 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 ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Quincy WhL^ssistant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vvr:ccdocs/RES.Contract-Radio Lab September 23, 2011 October 27, 2011 TOM MARTIN, MAYOR Resolution No. 2011—RO460 CONTRACT NO. 10273-1 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 and JG&KG dba Radio Lab, of Lubbock, 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) land 2 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 1. 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 Certl fi Gate. 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. 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. ITB 11 -14273 -TL CFAP Refrigerator Replacement Program 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 Zt-=-� Tom Martin, Mayor ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Quincy White A istant City Manager I APPR E AS TO ORM: Chad Weaver, Assistant City Attorney CONTRACTOR B Authori ed Rep •esentative Name: Jef f Grif f ith Title: President 32 it Resolution No. 2011—RO460 ITB 11 -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 11 -10273 -TL is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt or Order kAKO) 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 %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Foran, 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/I1-10273-TL UNIT OF UNIT Extended Delivery ITEM QTY MEASURE DESCRIPTION PRICE* Cost Days +/-) BID ARO** 1. 50 EA Energy Star rated refrigerator 14 cu.ft., $ $ refrigerator per specification herein 497.00 24850-00 Brand Name: Whirlpool Model # W5TXEWFW 2. 50 EA Energy Star rated refrigerator 15 cu. ft.,refrigerator per specification herein 497 -no 2489= Brand Name: Whirlpool Model # W5TXEWFW 3. 50 EA Energy Star rated refrigerator 17 cu. aoo29 =0 ft.,refrigerator per specification herein 589 450 Brand Name: Whirlpool Model # W8TXEWFY 4. 50 EA Energy Star rated refrigerator 18 cu. ft., refrigerator per specification herein 589.00 29450. 0 Brand Name: Whirlpool Model W8TXEWFY 5. 50 EA Energy Star rated refrigerator 20 cu. ft.,refrigerator per specification herein 684.0.0 34200. 0 Brand Name: Whirlpool Model # WRT351 SFY 6. 50 EA Energy Star rated refrigerator 21 cu. ft.,refrigerator per specification herein 684.00 34200. 0 Brand Name: Whirlpool Model # WRT351SFY 7. 50 EA Energy Star rated refrigerator 22 cu. ft -,refrigerator per specification herein 7 3. 00 Brand Name:Amana Model # __L_1K250Q_L10 A2RXNMFWW *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt or Order kAKO) 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 %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Foran, 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/I1-10273-TL ITB 11 -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. 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 F"renship 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 x 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 SUBMITTED BY JG & KG Inc. a corporation organized under the laws of the State of Texas , or a partnership consisting of or an individual trading as of the City of Address: 4909 -'Wth St City: Lubbock State: TX Zip_ 7941.4 MIW BE Firm: Woman Hispanic American uthorrzed Q:PurchaseBid Docs/11-10273-TL Black American f I Native American Asian Pacific O#her (Specify) American - must sign by hand 9--14-11 ITB I 1 -10273 -TL CEAP Refrigerator Replacement Program Officer Name and Title: Jeff Griffith President Please Print Business Telephone Number 806-797-3346 FAX: 806-797-3349 E -Mail Address: radi n1 ahfdai ddPnl inkmai 1 eonl FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/individual: Date of Award by City Council (for bids over $25,00©): 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: Purchase/Bid DOCS/II-10273-TL Resolution No. 2011-R0460 ITB 11 -10273 -TL CEAP Refrigerator Replacement Program LEAP -Energy Efficiency Refrigerator Replacement Program City of Lubbock, Texas ITB #11 -I0273 -TL III. 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 Com liance Yes No 1 Energy Star Rated 2 Color -white /bisque X white 3 S le -u ri ht x 4 Top Freezer X 5 Reversible side -swing door X b At least 2 adjustable shelves in fri erator section X 7 At least 1 adjustable shelve in freezer section - X 8 1 year limited parts and labor warranty X 25 Q:Purchaserid Docs/1 !-10273-TL