HomeMy WebLinkAboutResolution - 2019-R0124 - Johnson General Contractors Group - 04/09/2019 Resolution No. 2019-RO124
Item No. 7.9
April 9, 2019
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, Service Contract No. 14503 for Minor Repair
Service Contracts — Section VI Glass Repair as per ITB 19-14499-FM, by and between the
City of Lubbock and Johnson General Contractors Group, LLC, of Lubbock, 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 April-il 9, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Sec eta
APPROVED AS TO CONTENT:
Mark arwo dd, Ass'stant City Manager
APPROVED AS TO FORM:
Uffih*�
011i Leisure, Assistant City Attorney
ccdocs/RES.Service Contract 14503—Minor Repair Service Contracts Section VI Glass Repair
February 27,2019
Resolution No. 2019-RO124 Contract 14503
City of Lubbock,TX
Contract for
Minor Repair Service Contracts
THIS CONTRACT made and entered into this c)th day of a pri 1 , 2019, by and between the
City of Lubbock("City"), and Johnson General Contractors Group, LLC, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Minor Repair Service Contracts
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 Minor Repair Service Contracts.
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 are attached hereto
and made part hereof, Contractor will deliver to the City, Minor Repair Service Contracts and
more specifically referred to as Section VI—Glass Repair on the bid submitted by the Contractor
or in the specifications 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 teen of one year, with the option of four, one year extensions, said
date of term beginning upon formal approval. All stated annual quantities are approximations of
usage during the time period to be covered by pricing established by this bid. Actual usage may
be more or less. Order quantities will be determined by actual need. The City of Lubbock does
not guarantee any specific amount of compensation, volume,minimum,or maximum amount of
services under this bid and resulting contract. The Contractor must maintain the insurance
coverage required during the term of this contract including any extensions.It is the responsibility
of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract
Management Department as required by contract or contract may be terminated for non-
compliance.
4. This contract shall remain in effect until the first of the following occurs: (1)the expiration date,
(2) performance of services ordered, or (3) 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 sliall 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
inforination 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 amount(s):
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 $500.000
OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $1,000,000
OTHER:COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primacy and non-contribulmy 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"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. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive
material contained herein and any additional associated documents and Amendments. The City
disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by
the parties. In the event of conflict between these terms and conditions and any terms and
conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terins agreed upon by the parties,and any
prior conflicting ten-ns shall be of no force or effect.
13. SB252
SB 252 prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
14. HB 89
The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
15. This Contract consists of the following documents set forth herein; Invitation to Bid No. 19-
14499-17M, Bid Form, and General Requirements.
----_INTENTIONALLY LEFT BLANK-
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 CONTRACTOR
" 1� BY:
Daniel M. Pope,Ma or Author d Representative
ATTEST: 1 �� k�
Print Name' f f
A A- I
Reb ca Garza, City SecrJ ar 3 q C)7 Yt) ! f'_
Address
APPROVED AS TO CONTENT:
&6& City, State, Zip Code ZZ
Wesley Ev6retioDirector of Facilities
Management
APP OVED AS TO FORM
vllhlh"U�6
Kel i Leisure, Assistant City Attorney
BID FORM
Minor Repair Service Contracts
City of Lubbock,TX
ITB 19-14499-FM
Section VI—Glass Repair
Item Description Est.Number Hourly Rate Total Price
Window and Glass Repair Services of Hours
1 Labor—Regular(8-5) 200 70 111100-0
2 Labor—After Hours/Holiday 50 v p
3 Labor—Emergency 50
4 Material/Parts—Percentage of markup on estimated$15,000
parts/material based on actual cost to contractor. - Q %Markup.
If no markup is intended,write the word"None"in the space
rovided. $15,000 x U %markup equals$15,000+ L oov
Total Items 1-4 $ yy'
For reimbursement of rental of equipment, prior approval must be authorized by the City bepartment
representative. A copy of the receipt for the rental of the equipment must be attached to the invoice.
Will you comply?Yes La`�No❑
How long has your company been in this business? fp ZC?13
How many consecutive years of experience do you have in providing these services? 2S
If emergency service is required at night or on weekends,can you respond? Yes 0-1 No ❑
What is your response time for an emergency?
What is your response time for calls other than emergency? 2y'
What is your response time to begin a project after receipt of order? Z jat�
List any additional information to be considered in evaluating your bid.
Vendor's Signature Company's Nam ri
role ZI C—
City of Lubbock,TX
ITB 19-14499-FM
Minor Repair Service Contracts
General Requirements
Intent-The purpose of this bid is to provide the City of Lubbock with qualified contractors to perform
minor repairs for the following services: Roofing, HVAC, Electrical, Plumbing, Fence Repair, Glass
Repair and Overhead Door Repair. The bidder hereby agree to furnish all labor,materials, and supplies
and to provide the service in accordance with the bid document. This bid is broken down into seven
sections: Section I for Roofing Services; Section II for HVAC Services; Section III for Electrical
Services; Section IV for Plumbing Services; Section V for Fence Repair Services; Section VI for Glass
Repair Services; and Section VII for Overhead Door Repair Services.
Multiple Award—The city may award up to three vendors (primary, secondary, tertiary), as available,
by service. The City will endeavor to utilize vendors in order of award. However, the City may utilize
other vendor in the vendor that 1) a contract vendor is not or is unable to be in compliance with any
contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason.
Estimates: The City reserves the right to secure pricing prior to commencement of work and solicit
competitive bidding, if in the opinion of the City, pricing received is determined to be unreasonable
compared to industry standards.
Repairs and New Installations Firm Quotes: The City will request price quotes for new installation
and repair projects.These quotes shall be firm pricing and are not to exceed the specified amount quoted
for any specific project unless the scope of the project changes and the change order(s) are approved in
writing by the respective City department. Prior to the City issuing a notice to proceed, Contractor shall
provide the City with a written proposal detailing the scope of services and providing the cost for the
proposed work. These quotes must utilize the contracted labor rates and contracted materials cost
plus markup in order to utilize this contract.
The omission, within a bid submittal, of specific reference to any equipment, materials, or labor
necessary for performance of contract per specifications,shall not relieve contractor of responsibility for
furnishing such equipment, materials or labor.The Contractor shall assign only the necessary personnel
to complete the required work. The City Department representative reserves the right to question and
audit the number of personnel assigned to a particular job and the number of hours that are being billed.
At the time the work order is issued, Contractor.must inform the requesting City Department
representative of the approximate start-time and estimated job completion time. Contractor-must handle
any call-backs at no additional charges unless charges are authorized by the requesting City Department
representative. Contractor's work must be completed to the satisfaction of the using department.
Payment may be withheld until work is done in a satisfactory manner.
Tools/Equipment - All tools and equipment necessary to perform contract work shall be provided by
the Contractor.
Equipment Rental/Lease-No separate charges shall be allowed for rental/lease of equipment
unless specifically approved by the City Department representative.
Scheduling/Response Time - The Contractor will be required to give free written job estimates for
specific projects within one (1) work day upon request. On an emergency basis, the Contractor shall
respond within a maximum of two (2) hours to arrange a same-day inspection and provide a written
estimate.Upon receipt of the Notice to Proceed,completion of repairs to remedy the emergency situation
must be completed within 24-72 hours. The definition of an emergency is as follows:
An emergency is a situation or condition that occurred without warning within two (2) weeks,
is detrimental to life,health or safety and requires immediate action. Inunediate action is defined
as 24-72 hours. Contractor must provide a mobile phone,pager,or answering service so that the
City has a 24-hour a day access to the Contractor.
Permits—All work shall comply with all applicable state and local codes and ordinances,as well as any
other authorities that may have lawful jurisdiction pertaining to the work specified. The contractor shall
procure all necessary permits or licenses to carry out his work,and shall pay
any applicable fees for permits or inspections. There is no charge for City permits for services being
performed on City property.
Licenses/Certifications—Current State licenses/Certifications must be provided with bid.
Similar Experience —Bidder shall demonstrate previous experience in regard to the requirements of
this solicitation for a period of no less than(5) years.
Term of Contract - The contract shall be for a term of one year, with the option of four, one year
extensions said date of term beginning upon formal approval.The term of 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.
References-Bidder shall submit with the bid,the name,address,telephone number and point of contact
of at least three companies, for which the bidder has provided commercial services within the preceding
12 months.
Contact Person-The Contractor shall designate one of its employees to function in the role of primary contact
person.The contact person shall be the liaison for the Contractor for the tern of the agreement,and shall handle
issues,problems,or questions arising from the performance of services.
Warranties - All work shall be guaranteed a minimum of thirty(30)days after final acceptance by the
department of any of the services, including any and all installations, repairs, additions, components or
parts thereof;
• The City will use its best efforts to notify the Contractor during the warranty period if any repair
or installation is not in good working order;
• For new installations,Contractor shall provide full manufactures warranty to the City.
• The Contractor shall provide and bear the cost of all labor, material, cost of transportation, and
insurance required to meet its obligations under this warranty;
• The Contractor shall either repair or replace at the City's sole option any installation, equipment,
or component part not in good working order,at no additional cost to the City;
City of Lubbock, TX
ITS 19-14499-FM
Minor Repair Service Contracts
Additional Requirements
Labor - Based on contracted hourly rate, time invoiced shall be for actual time worked subject to
ver'ficat'on/documentation approved by the City Department. Contractor may not exceed contracted
hourly rate. Should after hours/holiday hours be necessary or indicated, it shall be perfoi7med only after
obtaining specific authorization from the respective City Department. Unauthorized after hours/holiday
pay will not be paid.
Materials — Materials are to be quoted on a cost-plus basis; percentage of markup to be based on net
cost to Contractor, allowing for full credit for trade and/or cash discounts to the City. On any single item
in which the cost equals or exceeds $100.00, a copy of the supplier's invoice—which must be dated and
marked paid - shall be submitted as an attachment to the Contractor's invoice. All other invoices for less
amounts must be retained, by the Contractor, for at least the warranty period, for City inspection upon
written request. Copies of invoices for less than $100.00 shall be supplied to the City Department
representative when requested for any reason, within ten calendar days of the request.
No Additional Charges Allowed -No charges, such as miscellaneous charges, enviromnental charges,
fees, etc. will be paid by the City of if not listed in your bid response. However, charges imposed by the
State of Texas or Federal Government after the bid award will be honored. Any additional charges listed
in your bid response will be taken in consideration as part of the award evaluation.
Travel Time: The City will not compensate the contractor for travel or time between job sites.
Disposal of Refuse-Contractor shall clean the site and dispose of all refuse at a Texas Commission on
Environmental Quality(TCEQ) approved.
City of Lubbock,TX
Bid Tabulation
Facilities Management
ITB 19-14499-FM Minor Repair Service Contracts
Item U/M QTY Description Vendor/Location Hourly Rate Total Price
Section VI—Glass Repair
I Hrs 200 Labor—Regular(8-5)
Johnson General Contractors Group,LLC Lubbock,TX $70.00 14,000.00
2 Hrs 50 Labor—After Hours/Holiday
Johnson General Contractors Group,LLC Lubbock,TX 120.00 6,000.00
3 Hrs 50 Labor—Emergency
Johnson General Contractors Group,LLC Lubbock,TX 120.00 6,000.00
Overall Total
Johnson General Contractors Group,LLC Lubbock,TX $26,000.00
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.1-4 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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-461103
Johnson General Contractors Group LLC
Lubbock,.TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 0310712019
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.
14503
Minor Repair Service Contracts Section VI Glass Repair
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
Johnson,Cory Lubbock,TX United States X
Johnson,Tray Lubbock,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is /'O 5e and my date of birth is•—�������"�
My address is 3407 ' "1 CJ SA r!��
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �.� � � County, State of S ,on tj day of A%2ttA.,20 .
(month) (year)
Signature of zed agent of contracting business entity
(Declarant)
Farms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.28ab6150
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.1-4 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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-461103
Johnson General Contractors Group LLC
Lubbock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/07/2019
being filed.
City of Lubbock Date Acknowledged:
03/08/2019
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.
14503
Minor Repair Service Contracts Section VI Glass Repair
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Johnson,Cory Lubbock,TX United States X
Johnson,Troy Lubbock,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 penally 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 V1.1.28ab6150