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HomeMy WebLinkAboutResolution - 2010-R0181 - Contracts 9489, 9493, 9492, 9491, 9490, 9488, 9494, 9495 RFP 10-013-MA - 04/08/2010 (2)Resolution No. 2010-RO181 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. 9494 for Comprehensive Energy Assistance Program (CEAP), by and between the City of Lubbock and Thrifty Plumbing Heating & Air Conditioning 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 ATTEST: Rebe Garza, City ecretary APPROVED AS TO CONTENT: stant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney April 8, 2010 TO MARTIN, MAYOR vw:ccdocs/RES.Contract-Thrifty Plumbing Heating & AC March 18, 2010 Contract: 9494 Resolution No. 2010-RO181 SERVICES AGREEMENT This Services Agreement (this "Agreement") is entered into as of the _8th_ day of April, 2010 ("Effective Date") by and between Thrifty Plumbing. Heating and Air Conditioning of Lubbock, 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. 2.7 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 part'. 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: Quincy White sistant City Manager APPROVED AS TO FORM: Assistant City Attorney Contractor By: Name: Title: Title: P4,zt el e 2 K? Resolution No. 2010-RO181 EXHIBIT A RFP 10-013-MA 1. GENERAL REQUIREMENT 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-RO181 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. Chances 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. Lesal 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 reports 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: �'l/� Dated: ,3 — ;23 — / D Resolution No. 2010-RO181 EXHIBIT C Comprehensive Energy Assistance Program (CEAP) RFP 10-013-MA II. 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 (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. 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 13th 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.