HomeMy WebLinkAboutResolution - 2008-R0190 - Contract - Bailey Boilder Works Inc.- Maintenance And Repair Of Boilers - 05/22/2008Resolution No. 2008-RO190
May 22, 2008
Item No. 5.22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract with Bailey Boiler Works, Inc., of
Lubbock, Texas, and any associated documents, for boiler maintenance and repair
services per ITB #08 -040 -FO, a copy of which Contract is attached hereto and made a
part hereof for all intents and purposes.
Passed by the City Council this 2213d day of
ATTEST:
Rebeca Garza, City Secretary
APPROVED AS TO CONTENT:
May , 2008.
TOM MARTIN, MAYOR
Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
' �--, I
andiver, Attorney"of C
DDres/Bailey BoilerWorksCon08Res
May 8. 2008
Resolution No. 2008—RO190
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Boiler Maintenance & Repair Services
Bid No. 08 -440 -FO
THIS CONTRACT, made and entered into this 22nd day of May, 2008, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Bailey Boiler Works
Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Boiler Maintenance & Repair Services
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
heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the
City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Boiler
Maintenance & Repair Services.
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 specifications and bid are
attached hereto and made part hereof, Contractor will deliver to the City the Boiler Maintenance &
Repair Services specifically referred to as Item(s) No. 1 thru 8 and more particularly described in the bid
submitted by the Contractor or in the specifications attached hereto.
The contract shall be for a term of five years, said date of term beginning upon City Council date of
formal approval. 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. 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.
4. The Contractor shall perform the work according to the procedure outlined in the specifications and
Invitation to Bid attached hereto and incorporated herein.
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 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
08-040-FO.doc 28
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:
INSURANCE COVERAGE REQUIRED
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.
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):
TYPE
Commercial General Liability:
Products — Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Automobile Liability insurance, including
Any Auto
AMOUNT
General Aggregate of 1,000,000
300,000 per occurrence
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 project
name or bid 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.
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.
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. This Contract consists of the following documents set forth herein, Invitation to Bid #08 -040 -FO,
General Conditions, Specifications, and the Bid Form.
08-040-FOr.doc 29
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 MARTIN, MAYOR
ATTEST:
CQ Akf=:e-��
Rebe a Garza, City Secretary
APPROVED CONT T:
iThomas Adams, Deputy Assistant City Manager
\APPROVED A O FORM:
As istant Attorney
08-040-F0.doc
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IrN-'s
Resolutlou No. 2008—RO190
SUBMIT TO:
CITY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
1625 1P Street, Rm 204
I
Lubbock, Tx 79441-3830
AN EQUAL
+� 1 �+
INVITATION O BID
CONTACT PERSON:
OPPORTUNITY
Marta Alvarez
EMPLOYER
Q
#00-040_FO
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE: Boiler Maintenance & Repair Services
SUBMITTAL DEADLINE:
April 22, 2008, 3:00 p.m. CST
PRE BID DATE, TIME AND LOCATION: : April 15, 200$ at 10:00
4ny bads received after the time and dare !cried above, regardless aflhe
A.M. in the City Hall, 1625 13111 Street, Purchasing Conference
mode of delivery, shall he returned unopened.
Room 204 Lubbock Texas.
RESPONDENT N E: `
O� L QN C) <% —' k •
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
MAILING ADD ESS:
5 v
IF "NO PLEASE COMPLETE AND RETURN THE
L D -
STATEMENT OF NOBID'B�
CITY — STATE — IP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
L u6 6 b L c
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETTTIVE BID PROCESS. FURTHER, THE CITY
TELEPHONE NO:
Gro (o —2q5-1'993
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
(�
IN THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX O: G] p
Wo -7te5 a S G
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REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:_
01ey,. COW,
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
FEDERAL TAX i NO. OR SOCIAL ECURITY NO.
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
— r Z
E-7
RECEIVED BY THE PURCHASING, MANAGER NO LATER THAN FIVE (5)
32-0
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their
immediate family, bencFit from the award of this bid to the above firm? YES)C NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE iNVrIATION 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 ON THE
ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID
FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS
PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or
person submittin ffer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. i further
agree that if th ffer 0 accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it ma now EnOers
caper a ire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
com i s) or ses) pu cd ora uirc the Ci of Lubbock. At the City's discretion, such assignment shall be made and become effective
a[ [hc 1t the Cit{ f c4tb thgNcr)6or.
Aut fIzed 46ature Title
lam- f
Print/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
08-040-FO.doc
BID FORM
Boiler Maintenance & Repair Services
CITY OF LUBBOCK, TEXAS
ITB #08 -040 -FO
In compliance with the Invitation to Bid #08 -040 -FO, 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 #08 -040 -FO is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
DESCRIPTION Qty Unit Cost
Extended cost
1.
Routine Preventive Maintenance for the Waste Water 1 $'
Treatment Plant
$ BB
/
Hourly Rate
Hourly Rate
2.
Regular Time Rate — Journeyman Technician $ 90.1)0
$
3.
Regular time Rate — Service Apprentice/Helper $ 4S-. o
$
4.
Overtime Rate — Journeyman Technician $ 112-50
$
5.
Overtime Rate — Service Apprentice/Helper $ 67.60
$
6.
Holiday or Sunday Rate - Journeyman Technician $ S 00
$
7.
Holiday or Sunday Rate - Service Apprentice/Helper
8.
Parts and Material Mark Up Price Percentage
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net36calendar 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
08-044-FO.doc
• 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 ��� La ' �� 11`� �Y . %C - a corporation organized under the
laws of the State of -T>` 7 - a S , or a partnership consisting of
or an individual trading as
of the City of
Firm:
0 Y k 5. C
Black American
�/
lOther
Native American
Address:<
5U—
< o � EW 15U—
Asian Pacif c
City:
City:
++
W (0 6 a �
State: t x
Zip
MIWBE
Firm:
By
Of
Business Telephone Number_ S 0 & - T-1 S7 — 1--7 -� 3 FAX:%4o i 45 " q 5 f /-
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
08-040-FO.doc
Woman
Black American
�/
lOther
Native American
Hispanic American
Asian Pacif c
(Specify)
Business Telephone Number_ S 0 & - T-1 S7 — 1--7 -� 3 FAX:%4o i 45 " q 5 f /-
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
08-040-FO.doc