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HomeMy WebLinkAboutResolution - 2008-R0093 - Contract - Warren Power & Machinery LP - Generator Maintenance - 03_13_2008Resolution No. 2008-R0093 March 13, 2008 Item No. 4.22 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 services Contract and any associated documents by and between the City of Lubbock and Warren Power & Machinery, LP, of Lubbock, Texas, for generator maintenance services per ITB #08-022-MA, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 13th day of ATTEST: rf.20�--' "9-r- Rebe4a Garza, City Secretary APPRO'r,'FD AS TO CONTENT: March , 2008. DAVID A. MILLER, MAYOR Ttam—as Adams Deputy City Manager/Director of Water Utilities APPROVED AS TO FORM: AI' f r~% Don Vandiver, Attorne of Counsel DDres/WarrenP&M08con Iles February 28, 2008 Resolution No. 2008—R0093 CITY OF LUBBOCK CONTRACT FOR SERVICES For Generator Maintenance Services ITB #08-022-MA THIS CONTRACT, made and entered into this 13th day of March, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Warren Power & Machinery, LP, of Lubbock, Texas ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Generator Maintenance 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 Generator Maintenance 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: 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 Generator Maintenance Services. l , Generator Maintenance Services specifically referred to as Item(s) No. 1 — 9 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 two years, said date of term beginning upon City Council date of fornial approval and may be extended for an additional two-year term, upon mutual agreement between the City of Lubbock under the same terns and conditions. 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. 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. 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. 08.022-MA.doc The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. 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. 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: 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 AMOUNT Commercial General Liability: General Aggregate of 500,000 Automobile Liability insurance, including: 500,000 per occurrence Any Auto 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. 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. 08-022-MA.doc 7. This Contract consists of the following documents set forth herein; Invitation to Bid #08-022-MA, 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 CONTRACTOR David A. Miller, Mayor Aut lorized Representative ATTEST: ? O 2— SW0� /? dd f o ddress " )�/ - L/; Aaek 1��� oy Reb cca Garza, City Secretary APPROVED AS TO —'LATENT: as Adams, DeputyCity Manager/ Director of Later Utilities APPROVED AS ORM: f As ' tint City X gorney 08•022-MA.doc Resolution No. 2008--R0093 SUBMITTO: CITY OF LUBBOCKCITY a%- OF LUBBOCKPurchasing TEXAS &Contract Management , 1625 1P Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #08-022—MA TEL: 806.775.2167 FAX: 806.775,2164 http://purchasing.ci. f ubbock.tx, us TITLE: Generator Maintenance Services SUBMITTAL DEADLINE: February 13, 2008, 2:00 p.m. CST PRE BID DATE, TIME AND LOCATION: : January 31, 2008 at 11:00 A+ry bids receivedaj�erthe lxnemrdelaielistedahave,regrrrdlersefthe A.M. in the City Hall, 1625 13'h Street, Purchasing Conference mode nfdelivery, shall berenrrnednrrapened Raom 204 Lubbock Texas. RESPONDENT NAME: V—o `f riy LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. "NO MAILING ADDRESS: C o 7 IF RETURNING AS A BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT `, L tIb e %`7 l ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE TELEPHONE 7 1N THE BEST INTEREST OF THE CITY. 1T IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: / r / , y REQUEST PERMITS COMPETITIVE BIDS. IT 15 THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: !1 MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX kb NO. OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH y G NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) 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 fr 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 pu d. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YE �� NO IN COMPLIANCE WITH THIS SOLICITATION, 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 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 submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. 1 further agree that if the offer is 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 may now or hereafter acquire under the Anti-trust laws of the United States and the Stale of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor. uthoriud Signature Title o Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 08-022-MA.doc ITB # 08-022-MA, Addendum #1 ** REVISED BID FORM** Generator Maintenance Services CITY OF LUBBOCK, TEXAS ITB #08-022-MA In compliance with the Invitation to Bid N08-022-MA, 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 #08-022-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITE QTY Unit of Description Unit First Year PM 3 Unit Price: Bi First Year Price: First Year Unit Price Second year Two Year M Measure Price PM Contract Price: Annual Load Bank Bi-Annual Load Contract PM Level 2 Contract Total Level 3 Test Only Bank Test Only Price Price Contract b. Price a. C. d e. f.=b. x e, g. h..=b. x. g. i. w f + h j. k.=b.x,j. 1.=i +k Van mounted 1. 3 ST Caterpillar 1250 kW $6,076.33 $18,228.99 $4,224.00 $12,672.00 $30,900.99 $1,985.33 $5,955.99 $36,856.98 generator sets. as specified herein. Separate Mounted 2, 3 ST Olympian 17kW $1,064 $3,192 $254 $762 $3,954 $325 $975 $4,929 generator sets, as specified herein. Trailer mounted 3. 3 ST Caterpillar 50 kW $1,097 $3 291 $287 $861 $4,152 $347 $1,041 $5,193 generator sets, as specified herein. Skid mounted 4. ] ST Caterpillar 155 kW $1,936 $1,936 $392 $392 $2,328 $608 $608 $2,936 generator set, as specified herein. Stationan- Onan 100 5, 1 ST kW generator set, as $1,526 $1,526 $337 $337 $1,863 $912 $912 $2,375 specified herein. Stationary Stewart & 6. 1 ST Stevens 100 kW $1,526 $1,526 $337 $337 $1,863 $912 $912 $2,375 generator set. as specified herein. 08-022-MA Revised Bid Form.doc 2 Initials ITB # 08-022-AAA, Addendum #1 Portable Multiyuip 85 7. 2 FA kW' generators. as $1,447 $2,894 $322 $644 $3,938 $433 $866 $4,404 specified herein. Stationan Onan 60 kW R- 1 EA gencrator,asspecified $1,176 $1,176 $237 $237 $1,413 $426 $426 $1,839 herein. 5tationar}' Caterpiller 9. 1 EA 1250kW'generatorSSet, $6,129 $6,129 $1,724 $1,724 $7,853 $2,038 $2,038 $9,891 as specified herein. Totai Bid ( Items I through 9) : Total Two Year Contract Price S 70,798.98 08-022-MA Revised Bid Form.doc Initials - 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 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 • 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 �l � � (l' is �N.[.,l('t C L. ff.�(� 111 1 )f'�� f�a oo;perattm organized under the laws of the State of or an individual trading as or a partnership consisting of of the City of Firm: LAtrret) PeE.L P-r o-i C'.kt ry Address: N o / :,e Y r.a"yt ol) City: W 1 d l I'd State: DL_ zip 'T-1 71 I M/WBE Woman Black American Native American Firm: I I I Hispanic American j Asian Pacific Other (Specify) jn I American 1 1 I B I U L— Date: I U Authorized Representative - must .sign by hand Officer Name Ind Title: Please Print' 08-022-MA.doc SAFETY RECORD QUESTIONNAIRE (Must Be Attached to Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The ty City may consider any incidence involving worker safety or safeof the citizens of the City of Lubbock, he it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm„ corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO ✓ If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for ouch firm, corporation, partnership or institution, received citations for violaliuns of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO (SeG aV1Q011 -e4'A3) If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its 08.022•MA.doc proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed, QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO ✓ If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its Proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions ay cause my proposal to be rejected. P Signature En'a"a►w►+c�.�ai . i�ta l-+'�. sSa�t7v bircLttr Title The bidder must complete, sign and return as part of their submittal response. oa-ozz-M A.dec CITY OF LUBBOCK, TEXAS Generator Maintenance Services ITB # 08-022-AMA INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent And Attached to Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. If this time requirement is not met, the City has the right to reject the Bidder's proposal and award the contract to another Proposer. Bidder (Signature) Bidder (Print)���/ Company Name (Print or Type) �A/rl n QW 1� � Ir%�� ?/ � L'� • U�+V �i.+ �.� M L` Company Address 7.PZ SIat q 4l Arthur J. Gallagher Risk Management Services, Inc. (Agent John Wilkins) Name of Agent/Broker (Print or Type) 110 N. Marienfeld, Ste. 33C Midland, TX 797C7 Address of Agent/Broker City. State, Zip: 432-570-3456 432-570-3456 Phone Number Fax Number John_Wilkins@ajg.com or Shannon_Whiteoajg.com Finail Address trl 1'i'.J�['C'f 1�iC1� C'E�i+JG�isCriS CiSSriirirc� b� k�l� CGrlirG.C".fc r Vier(f Witter'. The City of Lubbock shall be named a primary additional insure with a waiver of subrogation in favor of the City on all coverage's. All copies of the Ceilificates of insurance shall reference the or bid number for which the insurance is being supplied. If you have any questions concerning these requirements, please contact the Purchasing Department for the City of Lubbock at (806) 775-2572. I It,: I'l0111 ,Ct roll,! ,r nII,kI, . ,I, n II3, 1 IV101'n :I, Irtri eel ;ltil .;,i InVt'•�II rC,i,,m,,: 08-022-MA.doc BARREN 0 ALL LOCATIONS Ref.# OBSERVATION(S) RESOLUTIONS 1 WarrenCAT Location: Oklahoma City, OK NOVs were promptly and satisfactorily resolved and no 3 Minor NOVs from 12/10/2003 - 4110107, which were ($0) monetary fines were assessed from NOVs. promptly and satisfactorily resolved with the OKC Department of Water and Wastewater utilities. No other WCAT locations have received Enviromental Notices of Violations. 2/1,V2008 reD eD Ub U�::1dp U1IY OF LUBBOCK WATER 806 775 3632 p.1 WARREN EQUIPMENT Interoffice Memorandum COMPANY To: Adriana Ontiveros From: Steven C. Lindgren Subject: City of Lubbock, Texas ITS #OB-O22--HA Date: February 14, 2008 At the request of Dennis Gore, I reviewed the above and the proposed Contract for Services in relation thereto. With one ex- ception, the documents are acceptable. With respect to insurance, the documents require that "[tjne City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverages." Modify to read as follows: "The City of Lubbock shall be named a primary addi- tional insured with respect to all ohl.igations assumed by the Contractor hereunder, and all policies shall pro- vide a waiver of subrogation in favor of the City." 4elM zlah-z-,�,r i s 64Ceele � 115 SCL0231 08k Gr:tiveros mem.dnc WARREN EQUIPMENT Interoffice Memorandum COMPANY To: Adriana Ontiveros From: Steven C. Lindgren Subject: City of Lubbock, Texas ITB #08-022-MA Date: February 14, 2008 At the request of Dennis Gore, I reviewed the above and the proposed Contract for Services in relation thereto. With one ex- ception, the documeriLs are acceptable. With respect to insurance, the documents require that "[t]he City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverages." Modify to read as follows: "The City of Lubbock shall be named a primary addi- tional insured with respect to all obligations assumed by the Contractor hereunder, and all policies shall pro- vide a waiver of subrogation in favor of the City." SCLU 31 08k Cr.tiveros mem.doc City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, to purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality front a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13`h Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. r % �j / �� ` Local Business Name: ' r rf / i� ! f C,J�f l�! �� / %] ��� d _ i +✓ t / -c •t� �' %� 7 Local Address must be within the City limits): � � & r �� (e? Address of the company's principal place of business within the United State . How many residents of the City of Lubbock are employed at the a{bove bu 'Hess location? 't? 2. Yearyour business was established in the City of Lubbock: 1 3. '-_ or transactions that require sales tax, provide the following Reseller information: t' Reseller Permit Number: Company Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of Texas? Yes No If Yes, identify the office location considered as a ppint-o£sale credit for sales tax purposes: 5. Was th local business required to pay business and/or real property tax for the most recent tax year? es No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of per the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and servie s for a period of one (1) year Authorized Signature: Printed Name and Title: 08.022-MA,doc CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. W ► ell 11jLWr4 ?rry, NAME OF FIRM SIG RE OF F B 6DER _T d , I TITLE Subscribed and sworn to before me this I��i�. day of Rbai,ar L.200/0 rJ J I p '6„111j11IIII Itoo 1111q Nw' 3 Notary Public in and for the State �� �•'` �Avty pG •�J,'� m of Texas residing at :` z = ' �G���Y� � ��1 �Ci lvrrd9F;tip112£S.•O���� NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 08-022-MA.doc City of Lubbock Generator Maintenance Services tTB # 08-022-MA SUSPENSION AND DEBARMENT CERTIFICATION Federal Law. (A-102 Common Rule and OMB Circular A-I10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: (AJar `: FEDERAL TAX ID or SOCIAL SECUR No. 7 Signature of Company Official: Printed name of company official signing ove: Date Signed: JII Chc hidder must complete. sign and return as part ol'thcir suhrnidal response. 08-022-MA.doc Generator Maintenance Services CITY OF LUBBOCK, TEXAS ITB #08-022-MA VENDOR REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this HID. THIS FORM MUST BE RETURNED WITH YOUR BID. Govemment/Company Name: Contact Person and Titie: 1 Li Phone: Fax: 61 Contract Period:? Scope of Work: anr'� �' /je Governmeno'Company Name ArfAmee• 51019 Ifn11l-�- W ' -- ;`- Contact Person and Title. Phony: ` �- / Fax: Contract Period: --A!� REFERENCE' Government/Company Name: J0 4 Address: t 1-[ 01 a Contact Person and Title: 6-en; t- Scope of Work�?O �O e ".-- Phone L l j Y- 7- 0 t 4 Fax• Contract Period - - i I Scope of Work: ArQale, 1Y Ilel 08.022-MM. doc 9 Purchasing & Contract Management Generator Maintenance Services CITY OF LUBBOCK, TEXAS ITB #08-022-MA Checklist Please ensure that you complete and return the following documents and information to the City of Lubbock Purchasing and Contract Management Department before the deadline. Any corrections must be initiated by person making the correction. Late submittals will not be accepted. Tlyis document MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or ack ink, and by hand. include firm's FEDERAL TAX ID number or SOCIAL SECURITY number. id Form MUST be completed. /—, ompleted Insurance Requirement Affidavit. UZ amplete the Non -Collusion Affidavit. Com ed and signed SUSPENSION AND DEPARTMENT CERTIFICATION. Please include Company eral TAX Id number or Social Security number. Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility form (if applicable). Co pleted and signed SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in etail. ompleted list of References Clearly mark the ITB number, title, due date and time, and your company name and address on the outside of the Baled envelope or container. ne copy of signed bid. Three original signed contracts. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON- RESPONSIVE. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR SUBMITTAL. 08-022-MA.doc