HomeMy WebLinkAboutResolution - 2018-R0212 - Clowe & Cowan - 07/12/2018Resolution No. 2018-RO212
Item No. 6.6
July 12, 2018
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. 14146 for Water Inventory Items as per ITB
18-14042-FM, by and between the City of Lubbock and Clowe & Cowan of El Paso, LLC, of El
Paso, 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., July 12, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secre ry
APPROVED AS TO CONTENT:
Blu Kostel' h, Chief Financial Officer
APPROVED AS TO FORM:
��Ili Leisure, Assistant City Attorney
ccdocs/RES.Convact 14146. Water Inventory Items.Clowe &. Cowan of El Paso, LLC
06.26.201 B
Resolution No. 2018-RO212 Contract 14146
City of Lubbock, TX
Contract for
Water Inventory Items
THIS CONTRACT made and entered into this 12thday of July , 2018, by and between the
City of Lubbock ("City"), and Clowe & Cowan of El Paso, LLC ("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.
6. 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'ormation 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
COMBINED SINGLE LIMIT
GENERAL LIABILITY
® Commercial General Liability
General Aggregate
$1,000,000
❑ Claims Made ® Occurrence
Products-Comp/Op AGG
X
❑ W/Heavy Equipment
Personal & Adv. Injury
X
❑ To Include Products of Complete Operation Endorsements
Contractual Liability
X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
❑
General Aggregate
AUTOMOTIVE LIABILITY
® Any Auto ❑ All Owned Autos
❑ Scheduled Autos ❑ Hired Autos
❑ Non -Owned Autos
Per Occurrence
$1,000,000
EXCESS LIABILITY
❑ Umbrella Form Each Occurrence
Aggregate
GARAGE LIABILITY
❑ Any Auto Auto Only - Each Accident
❑ Other than Auto Only:
Each Accident
Aggregate
❑ BUILDER'S RISK ❑ 100% of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR
OCCUPATIONAL MEDICAL AND DISABILITY
❑ EMPLOYERS' LIABILITY $500,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
City of Lubbock named as additional insured on Auto/General Liability on a printaty and non-contributory bases.
To include products of completed 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 13`h 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 from 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 terminate the contract, without termination charge or other liability, on 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 shall 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 shall 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. 18-14042-17M,
Specifications, and Bid Form. Exhibit "A" represents each of the items the contractor was found
to be the best value for the City. The original bid fortes 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:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the tern 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 abov ritten. Executed in triplicate.
CITY FLUBBO K CONTRA OR
BY
Daniel M. Pope, Mayor AutbWrizlKepresentativc
ATTEST:
Reb cca Garza, City Secreta
APPROVED AS TO CONTENT:
D. Slit N stelich,
Chief Financial Officer
AtPFROVED FCL
1JcIli Leisure, Assistant City Attorney
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City, Code
City of Lubbock,TX
Clowc & Cowan of El Paso, LLC of El Paso, TX
Exhibit A
Line Item
Item Number
UAI
QTV
Description
Unit Cost
Extended Cost
25
471020002
Ff
1200
3/4" Soft Type K Copper
S 4.11
S 4,932.00
26
471020003
FT
4800
1 " Soft Type K Copper
4.35
20,88000
28
471020014
FT
900
2" Copper Pipe Type K
13.86
12,474.00
30
471020044
EA
12
3" Wide Blue Magnetic Tape
19,29
231.48
31
471020045
EA
3
Green Magnetic ID Tape
19.29
57.87
32
471020047
FT
40
1 1/2" Copper Pipe
8.91
356.40
35
473010058
EA
900
4" PVC Coupling
2.05
1,845.00
75
473020123
EA
1
3"x2" Reducing Coupling
112.03
112.03
80
473020139
EA
1
3/4" Rubber Gasket
0.86
0.86
Item by Item Total:
S 40,889.64
Percentage Discount for Items Not Listed Above:
1.50%
S+Ii.1�•.+I�illl.•u�.,ni J:uY•a-I+inr�Ju Jol.`Jllr" 1- 1•1•I....n rvlo- nJxr(a rl I41I%1.1II'l J.r.n.1 IL—I-.•..n•Illi.-It"
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. i - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-375437
Clowe & Cowan of El Paso, LLc
El Paso, TX United States
Date Filed:
07103/2018
2 Name of governmental entity or state agency that is a parry tot the contract for which the form Is
being filed.
CITY OF LUBBOCK
Date Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
CONTRACT ID 14146
ITB 18-14042-FM WATER INVENTORY ITEMS
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
MARTINEZ, LUCY M.
EL PASO, TX United States
X
EVERETT, JEREMY
EL PASO, TX United States
X
CANIZALES, JOSE M
EL PASO, TX United States
X
DE LA TORRE, LAWRENCE
EL PASO, TX United States
X
VILLEGAS, JESS
EL PASO, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION1
My name is ��C-y 1 O�`I� TJ and my date of birth Is
My address is �5 Or�z�rt �YcA �, 7aso X , cM kk!�A.
(street) (city) (state) (zip code) (country)
I declare under penalty of periury that the foregoing is true and correct.
-�
Executed in 1M �O County, State of ^1��, on the day ofk1 20 .
(month (year)
Signatur 1 authorized aNMof contra g business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-375437
Clowe & Cowan of El Paso, LLc
El Paso, TX United States
Date Filed:
07/03/2018
2 Name of governmental entity or state agency that is a party tot the contract for which the form Is
being filed,
CITY OF LUBBOCK
Date Acknowledged:
07/05/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
CONTRACT ID 14146
ITS 18-14042-FM WATER INVENTORY ITEMS
4 Name of Interested Part y
City, State
y, Country {place of business}
Nature of interest
(check applicable)
Controlling
Intermediary
MARTINEZ, LUCY M.
EL PASO, TX United States
X
EVERETT. JEREMY
EL PASO, TX United States
X
CANIZALES, JOSE M
EL PASO, TX United States
X
DE LA TORRE, LAWRENCE
EL PASO, TX United States
X
VILLEGAS, JESS
EL PASO, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is and my date of birth Is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711