HomeMy WebLinkAboutResolution - 2010-R0180 - Contract (No. 9488) W_ Arguijo Heating And A_C On Behalf Of CEAP - 04_08_2010Resolution No. 2010-RO180
April 8, 2010
Item No. 5.22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Contract No. 9488 for
Comprehensive Energy Assistance Program (LEAP), by and between the City of
Lubbock and Arguijo Heating and A/C 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 8, 2010
!��Azat�
TOM MART , MAYOR
ATTEST:
RebeccaC za, City Secretary
APPROVED AS TO CONTENT:
City Manager
APPROVED AS TO FORM:
ad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Arguijo Heating and Air
March 18, 2010
Contract: 9488
Resolution No. 2010-RO181
SERVICES AGREEMENT
This Services Agreement (this "Agreement") is entered into as of the _8th day of
A nil, 2010 ("Effective Date") by and between Arguiio Heating & Air Conditioning of
Levelland, Texas (the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals (RFP-10-013-MA) for
Comprehensive Energy Assistance Program (CEAP),
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal
which best meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide the
required repair, replacement or retrofitting of appliances such as but not limited to heating
system, cooling system, window air conditioning units and HVAC systems and water heaters,
upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein,
the City and Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which
are attached hereto and incorporated herein by reference, listed in their order of priority in the
event of inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B— Required Contract Provisions
4. Exhibit C — Insurance Requirements
5. Exhibit D — Price Sheets
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. Contractor will comply with
all the applicable requirements set forth in Exhibit B, C and D.
Article 1 Services.
1.1 Contractor agrees to perform services for the City that are specified under the
General Requirements set forth in Exhibit A . City agrees to pay the amounts
stated in "Exhibit D", to Contractor for the project cost for performing services.
1.2 Contractor shall use its commercially reasonable efforts to render services under
this Agreement in a professional and business -like manner and in accordance with
the standards and practices recognized in the industry.
1.3 Nonappropriation clause. All funds for payment by the City under this Agreement
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 Agreement, the City will
terminate the Agreement, 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 Agreement is spent,
whichever event occurs first. If at any time funds are not appropriated for the
continuance of this Agreement, cancellation shall be accepted by the Seller on
thirty (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 Agreement beyond the date
of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be
construed in accordance with the laws of said State, without reference to choice of
law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to
this Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City
and Contractor and supersedes any and all previous agreements, written or oral,
between the parties relating to the subject matter hereof. No amendment or
modification of the terms of this Agreement shall be binding upon the parties
unless reduced to writing and signed by both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed
an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the
remaining provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the
failure of any parties otherwise to insist upon strict performance of any provision
hereof shall not constitute a waiver of any subsequent breach or of any subsequent
failure to perform.
2
2.7 This Agreement shall be binding upon and insure to the benefit of the parties and
their respective heirs, representatives and successors and may be assigned by
Contractor or the City to any successor only on the written approval of the other
party.
2.8 All claims, disputes, and other matters in question between the Parties arising out
of or relating to this Agreement or the breach thereof, shall be formally discussed
and negotiated between the Parties for resolution. In the event that the Parties are
unable to resolve the claims, disputes, or other matters in question within thirty
(30) days of written notification from the aggrieved Party to the other Party, the
aggrieved Party shall be free to pursue all remedies available at law or in equity.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
City of Lubbock, Texas
Tom Martin, Mayor
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
E
Quincy WhiteOssistant City Manager
APPROVED AS TO FORM:
Assistant City Attorney
Contractor
By: !�
N
Title:
3
RFP 10-013-MA
1. GENERAL REQUIREMENT
Resolution No. 2010-RO180
EXHIBIT A
1.1 Contractor shall furnish all documentation, reports, services, supervision, labor, personnel,
quality control, technicians, tools, equipment, products, parts, supplies, material, and pay the
cost of all fees, insurance, and permits.
1.2. Contractor shall comply with the US Department of Energy and Texas Department of
Housing and Community Affairs (TDHCA) required contract provisions.
1.3 Unless otherwise specified, all parts, materials, supplies or equipment offered by a
Contractor shall be new, unused in any regard and of most current design. Used shopworn
demonstrator, prototype or discontinued models are not acceptable. Seconds or flawed items
will not be acceptable. All parts, materials, supplies or equipment shall be suitable for their
intended purpose and, unless otherwise specified. All parts (including replacements),
materials, supplies and equipment shall be of the highest quality and must conform to any
related state, municipal or federal standard and be consistent with standard commercial
practices.
2. CEAP WORK
2.1 All materials shall be in good usable condition and shall be graded standard unless otherwise
specified, and shall meet the conditions of the general specifications.
2.2 All materials shall be installed in a workmanlike manner and according to the manufacturer's
specifications.
2.3 Mechanical, plumbing, and electrical work shall be installed to the City of Lubbock Mechanical,
plumbing and electrical codes.
2.4. Repairs — where repairs of existing work are called for the feature is to be placed in "Equal
or New Condition" either by patching or replacing all damaged, loose or rotten parts. The
finished work shall match work adjacent work design and dimensions.
2.5 All equipment replaced must be energy star rated.
3. CONTRACT TERMS & CONDITIONS
3.1 The contract prices as set forth in Exhibit D shall remain firm for a period of one year beginning
upon City Council date of formal approval. The City and Contractor may, upon written mutual
consent, extend the contract for one additional year, subject to the availability of funding. The
rates may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever 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 rage for all
items. If agreement cannot be reached, the contract is terminated at the end of the current
contract period.
3.2 Contractor at all times shall be an independent contractor. The Contractor shall be fully
responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and
shall be specifically responsible for sufficient supervision and inspection to insure
compliance in every respect with the contract requirements.
4. CITY RIGHT AUDIT
4.1 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves
the right to deduct such amounts owing the City from any payments due Contractor.
Resolution No. 2010-RO180
EXHIBIT B
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
RFP 10-013-MA
REQUIRED CONTRACT PROVISIONS
The following contract provisions or conditions are required by Texas Department of Housing and
Community Affairs (TDHCA) on all procurement contracts and subcontracts for the Weatherization
Assistance (WAP) and CEAP Program.
I. Administrative. Contractual or Legal Remedies
In instances where the Contractor violates or breaches this Contract the City may apply administrative,
contractual or legal remedies. The City may suspend all activities temporarily pending either
corrective action by the contractor or a decision by the City to terminate this contract.
II. Suspension or Termination
The City may terminate this contract, in whole or in part, at any time City determines that there is
cause for termination including but not limited to the following circumstances:
1 If Contractor neglects to execute the Work properly, in a timely manner, refuses to supply
proper or sufficient materials or workmanship, or fails to perform any provisions of the
contract.
2 If Contractor is adjudged bankruptcy, makes a general assignment for the benefit of his
creditors, or if a receiver is appointed of insolvency.
3 If Contractor fails to make prompt payment to any Subcontractor and supplier for material
or labor,
4 If Contractor commits continual violation of public laws or ordinances.
III. Non-discrimination and Equal Opportunity
No person shall on the ground of race, color, religion, sex, national origin, age, disability, political
affiliation or belief be excluded from participation in, be denied the benefit of, be subjected to
discrimination under, or be denied employment in the administration of or in connection with any
program or activity funded in whole or in part with funds made available under this contract.
IV. Labor Standards
The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance
with the Copeland "Anti -Kickback" Act (40 U.S.C.276a-276a-5; 40 U.S.C. 327 and 40 U.S.C. 26c)
and all other applicable Federal, state and local laws and regulations pertaining to the labor
standards insofar as those acts apply to the performance of this contract.
V. Reporting and Patent Rights
Contractor shall abide by all requirements and regulations pertaining to the reporting and patent
rights involving research, developmental experimental, or demonstration work, with respect to
any discovery or invention which arises or is developed in the course of satisfying the terms of
this agreement.
VI. Indemnity and Release
Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and
City's representative officers, employees, elected officials and agents, from and against any and all
losses, damages, claims or liabilities of any kind or nature, which arise directly or indirectly, or are
related to, in any way, manner or form, the activities contemplated hereunder.
VII. Conflict of Interest and Nepotism.
Contractor covenants that neither it nor any member of its governing body presently has any interest or
shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of this contract. Contractor further covenants that in the performance of this contract no
person having such interest shall be employed or appointed by contractor. No person (1) Who is an
employee, agent, consultant, officer, or official of the contractor and who exercises or has exercised any
functions or responsibilities with respect to assisted contract activities; or (2) Who is in a position to
participate in a decision making process or gains inside information with regard to such activities may
obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract, or
agreement with respect thereto, or the proceeds there under, either for themselves or those with whom
they have familiar or business ties, during their tenure.
Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or
anything of monetary value from subcontractors, or potential subcontractor
VIII. Sectarian Activity
Contractor shall ensure that no funds under this contractor are used, either directly or indirectly, in the
support of any religious or anti -religious activity, workmanship or instruction.
IX. Prohibit Political Activity and Lobbying
None of the funds provided under this contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to
prevent any official or employee of Contractor from furnishing to any member of its governing body
upon request, or to any other local or official not considered under law to be confidential information.
Any action taken against an employee or official for supplying such information shall subject the person
initializing the action to immediate dismissal from employment.
No funds provided under this Contract may be used directly or indirectly to hire employees or in any
other way fund or support candidates for the legislative, executive or judicial branches of government
of Contractor, State of Texas, or the government of the United States.
None of the funds provided under this contract shall be paid to any official or employee who violates
any of the provisions of this section.
X. Prevention of Waste. Fraud and Abuse
Contractor shall establish, maintain, and utilize internal control systems and procedures sufficient to
prevent, detect, and correct incidents of waste, frauds, and abuse in WAP or CEAP and to provide for
the proper and effective management of all program and fiscal activities funded by this contract.
Contractor's internal control systems and all transactions and other significant events must be clearly
documented and the documentation made readily available to review by department.
Contractor shall give City complete access to all of its records, employees, and agent for the purpose
of monitoring or investigating the Weatherization / CEAP programs. Contractor shall fully cooperate
with the department's efforts to detect, investigate and prevent waste, fraud, and abuse. Contractor
shall immediately notify the City of any identified instances of waste, fraud, or abuse
Contractor may not discriminate against any employee or other person who reports a violation of the
terms of this contract or of any law or regulation to Department or to any appropriate law enforcement
authority, if the report is made in good faith.
XI. Changes and Amendments
Any alterations, additions, or deletions to the terms of this contract which are required by changes in
federal law and regulations or stature are automatically incorporated into this contract without written
administrative code amendment hereto, and shall become effective on the date designated by such law
or regulation. Except as specifically authorized by the agency in writing or otherwise authorized by the
terms of this contract and any alterations, additions, or deletions to the terms of this contract shall be
amended hereto in writing and executed hereto in writing and executed hereto in writing and executed
by both parties to contract.
XII. Legal Authority
Contractor represents that it posses the practical ability and the legal authority to enter into this contract,
receive and manage the funds authorized by this contract, and to perform the services Contractor has
obligated itself to perform under this contract.
The person signing this contract on behalf of contractor hereby warrants that he/she has been
authorized by Contractor to execute this contract on behalf of Contractor and to bind contractor to all
terms herein set forth.
XIII. Access to Records
The Contractor shall furnish and cause each of its subcontractors to furnish all information and rcports
required hereunder and will permit access to its books, records and accounts by the City, State or its
agent or other authorized Federal officials for purposes of investigation to ascertain compliance with
the rules, regulations and revisions stated herein.
XIV. Records to Maintain
Contractor shall maintain all records required by the State of Texas Department of Housing and
Community Affairs, and that are pertinent to the activities to be funded under this Contract.
Retention
Contractor shall retain all records pertinent to expenditures incurred under this Contractor for a period
of five (5) years after the termination of all activities funded under this Contract, or after the resolution
of all State and audit findings whichever occurs later.
XV. Clean Air and Clean Water Act
The Grantee agrees to comply with the following requirements insofar as they apply to the performance
of this contract. Clean Air Act, 42 U.S.C., 701, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251., as amended, 1318 relating to
inspection, monitoring, entry, reports and information, as well as other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended.
XVI. Non-discrimination
No person shall, on the ground of race, color, national origin, or sex be excluded form participation in,
be denied from the benefits of, or be subjected to discrimination under any program or activity funded
in whole or in part with funds made available under the contract.
Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990,
or with respect to an otherwise qualified disabled individual as provided in section 04 of the
Rehabilitation Act of 1973, shall also comply to any such program or activity.
Contractors Signature: Dated:
Resolution No. 2010-RO180
EXHIBIT C
Comprehensive Energy Assistance Program (CEAP)
1;T-3-ii W110
Il. INSURANCE
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 information 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.
INSURANCE COVERAGE REQUIRED
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
AMOUNT
1. Commercial General Liability insurance including coverage for the following:
a. Products/completed operations
b. Contractual liability
2. Automobile Liability
a. Any auto
Combined single limit for
bodily injury and property
damage of $ 100,000 per
occurrence or its equivalent.
Combined single of $100,000 per occurrence
The City of Lubbock shall be named primary additional insured on Auto/General Liability.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all
endorsements thereto and may make any reasonable request for deletion, revision, or modification of
particular policy terms, conditions, limitations, or exclusions (cxccpt 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.
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
insured's, (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.
f. All copies of the Certificates of Insurance shall reference the project name or bid number for
which the insurance is being supplied.
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, Purchasing Manager
City of Lubbock
1625 131h 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.