HomeMy WebLinkAboutResolution - 2004-R0148 - Letter Of Award For Community Development Repair - Bruce Thornton A_C - 03_23_2004Resolution No. 2004-RO148
March 23, 2004
Item No. 42
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, a Letter of Award as
primary contractor for Community Development repair or replacement of energy units,
by and between the City of Lubbock and Bruce Thornton A/C Inc. of Lubbock, Texas,
and related documents. Said Letter of Award 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 this 23rd day of March
CDOUGAL, MAYOR
ATTEST:
R ec a. Garz City Secretary
APPROVED AS TO CONTENT:
1r�
Victor kilm6n, Purchasing Manager
APPROVED AS TO FORM:
Assistant City Attorney
gs/ccdocs/Ltr of Award -Bruce Thornton AC -CD Repair.res
March 11, 2004
Resolution No. 2004-RO148
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
HEATINGICOOLING & APPLIANCE COMPONENT
REPAIR, REPLACE OR RETROFIT CONTRACT
This amendment to Agreement is entered into this 11th day of November , 2004 between
the City of Lubbock, a Texas municipal corporation (hereinafter called "the City") and Bruce Thornton
Air Conditioning (hereinafter called "Contractor").
In consideration of the mutual promises and agreements contained herein, the undersigned
Contractor and AGENCY agree as follows:
WHEREAS, the Contractor and City have previously entered into an Agreement, ITB #028-
04/DC dated March 23, 2004 (hereinafter called "the Agreement"); and
WHEREAS, this contract is to supplement the Agreement.
The parties agree as follows:
1. THE CONTRACTOR SHALL:
(1) Furnish all labor materials, supervision and services necessary to do the Heating/Cooling
and Appliance repair, replace or retrofit work in accordance with the assessment form,
specifications and plans hereinafter attached which are a part of this contract.
(2) Conduct the repair, replace, or retrofit work within a reasonable amount of time from the
date the work order/assessment form is referred. (3) Obtain and be responsible for the
obtaining of all necessary permits for the work to be performed, and agree that the job
being done or any part thereof shall not be deemed as finished until accepted by the
AGENCY and passed by the authorized inspector of the City of Lubbock.
(3) Secure Employer's Liability Insurance and Contractor's Public Liability and Property
Damage Insurance in the amount of at least $100,000.00.
n
(4) The Contractor shall be responsible for all damages to persons or property that occur as a
result of his fault or negligence in connection with the prosecution of the work and shall be
responsible for the proper care and protection of all work performed until completion and
final acceptance, whether or not payments may have been made by the City or AGENCY
for all or part of the work to be done hereunder. Further, the Contractor shall indemnify and
save harmless the City and AGENCY from any and all liability for injury or death to persons
or damages to property resulting from Contractor's work hereunder.
(5) Keep the premises clean and orderly during the course of the work and remove all debris at
the completion of the work (materials and equipment that have been removed and replaced
as part of the work shall belong to the Contractor, and provide a competent supervisor to be
on the job site at all times during the progress of the work.
(6) Perform all work in conformance with applicable local codes and requirements whether or
not covered by the Specifications and drawings for such work, and shall further perform
such work in a good and workmanlike fashion in the attached specifications.
(7) Agrees not to discriminate against any employee or applicant for employment because of
race, color, religion, sex, disability, familial status, or national origin and shall take
affirmative action to see that applicants for employment are employed and employees are
Remodeling and Construction Contract - Page 1
By 1
Aathori�d Representativ mush' ign by hart
Officer Name and Title: `J-ei u 0, rJ AAu_�,3'D l
Pleas Print
ITB #028-04/DC, Addendum #3
Dates 3"`�-D�
Business Telephone Number �� �� FAX:��
FBROCITY USE ONLY
id Form item Number(s) Awarded to Above Named Firm/Individual:
I Date of Award by City Council (forbids over $25,000): Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS
028-04/DCAddend3.doc
f 1 Resolution No. 2004—RO148
ITB #028-04/DC Community Development Repair or Replacement of Energy Units
SUBMIT T0:
CITY OF LUBBOCK
CITY OF LUBBOCK TEXASPURCHASING
DEPARTMENTiA
�>'1625
13TH STREET, RM L04
LUBBOCK, TX 74401-3830
AN EQUAL
INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Diana Caudillo
EMPLOYER
#028-04/DC
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.tubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Community Development Repair or Replacement of Energy
March 4, 2004 @ 3:00 PM CST
Units
PRE BID DATE, TIME AND LOCATION: February 26, 2004 at 10:00 AM in
Any bids received after the time and date fisted above,
Municipal Building, 1625 13" Street, Engineering Conference Room 107,
regardless of the mode of delivery, shalt be returned
Lubbock, Texas.
unopened.
RESPONDENT NAME
r
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS.
MAILING ADDRESS:
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY - S A E - Z -'
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND
L s
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 IN THE BEST INTEREST OF THE
TELEPHONE NV
J r-' ._ L
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST
FAX N0:
3(7 �/
COMPETITIVETO ADVISE
IDDMANAGER
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THEM1CITY F� LUBBOCK PURCHASING IFANYPLANGUAGE,
REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY
E-MAI L:
/
RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE
r C
SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS
FECrtRAL TAX ID NO. OR SOCIAL SECURITY NO.
_ & , f _ ,Z-
DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA:
#1 #2 #3J22 #4 #5 (Please Initial)
The City of Lubbock Charter states that no officer or employee of the City can benefit from 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 purchased. 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?— YES 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 1 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. I further agree that if the offer is accepted, the offeror wilt 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 State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of
Lubbock. A e Cify, isc do such assignment shall be made and become effective at the time the City tenders final payment to the
vendor. /
Authorized S nature Title
G
Print/,Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
028-04/DCITBBestVat.doc
CITY OF LU BOCK: ATTEST:
�� ��e
r c gal/ R ec a Garz
Mayor City Secretary
APPROVED AS TO CONTENT:
U
Victor Kilmai
Purchasing Manager
/_..._ // �11✓�
cc: Bid Folder
Vendor File
Resolution No. 2004—RO148
March 23, 2004
Item No. 42
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 9 Fax (806) 775-2164
March 23, 2004
Roy D.Jones
Bruce Thornton A/C, Inc.
128 Slaton Road
Lubbock, TX 79424
Office of
Purchasing
RE: ITB #028-04/DC — COMMUNITY DEVELOPMENT REPAIR OR REPLACEMENT OF
ENERGY UNITS
Dear Mr. Jones:
BRUCE THORNTON AIC. INC. has been awarded Primary Contractor for the
Community Development Repair or Replacement of Energy Units based on your response to the
City of Lubbock Invitation to ITB #028-04/DC.
BRUCE THORNTON A/C. INC.'s bid dated March 9 2004, is incorporated into and made
a part of this agreement.
Prices: As quoted.
All invoices shall be directed to:
City of Lubbock
ATTN: Joe Rangel
Community Development
PO Box 2000
Lubbock, Texas 79457
The City of Lubbock reserves the right to enforce the performance of this contract in any
manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event
of breach or default of this agreement. The City of Lubbock reserves the right to terminate this
agreement with a thirty (30) day written notice in the event BRUCE THORNTON A/C. INC. fails to
perform in accordance with their bid dated March 9, 2004.
treated during employment without regard to their race, color, religion, sex, disability or
national origin. Such affirmative action shall further include but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; lay-off or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Contractor further agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause.
Contractor shall cause the foregoing provision to be inserted in all subcontracts for any
work covered by this contract so that such provision shall be binding upon contracts or
subcontracts for standard commercial supplies or raw materials.
(8) Shall comply with the applicable regulations
Department of Labor, made pursuant to the
(48 Stat. 948; 62 Stat. 862; title 18 U.S.C.,
any amendments or modifications thereof, s
thereto, and shall be responsible for the sut
reasonable limitations, variations, tolerance:
of the Secretary of Labor, United States
so-called "Anti -Kickback Act" of June 13, 1934
>ec. 874; and title 40 U.S.C., Sec. 276(c), and
hall cause appropriate contractors subject
mission of statement specifically provide for
, and exemptions from the requirement thereof.
(9) Shall comply with provisions of Lead -Based Paint Poisoning Prevention Act, Pub. L 91-695,
84 Stat., 2078 as amended and 24 CFR, Part 35.
II. THE AGENCY SHALL:
(1) NOT PERMIT OR MAKE ANY CHANGES OR ADDITIONS TO THE PLANS AND
SPECIFICATIONS WITHOUT WRITTEN APPROVAL OF THE CITY.
(2) Permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and
water necessary to the carrying out and completion of the work.
(3) The AGENCY will not release any funds to contractor without permission from City.
III. METHOD OF COMPENSATION:
A. The Contractor will be paid the Contractor price in full after providing detailed billing invoice.
(1) Contractor agrees to furnish a Release of Lien and satisfactory evidence (waiver of lien)
that all subcontractors and labors have been paid.
(2) The undersigned further certifies qnd warrants to the AGENCY that all materials,
fixtures and equipment furnished were new, of good quality, and of good title. Should
any defects appear within one year from the date of final acceptance, and should such
defects be caused by faulty materials, fixtures, equipment, or workmanship, he shall
promptly remedy these defects and pay for any damage to other work resulting
therefrom. It is requested that notice of observed defects be given with reasonable
promptness.
IV. METHOD OF ARBITRATION
All claims or disputes between the AGENCY and Contractor arising out of or related to the work
shall be decided by arbitration in accordance with the construction industry arbitration rules of the
American Arbitration Association then obtaining, unless the parties mutually agree otherwise. The
AGENCY and Contractor shall submit all disputes or claims, regardless of the extent of the work's
progress, to FIELD SERVICES COORDINATOR, unless the parties mutually agree otherwise. Notice
of the demand for arbitration shall be filed in writing with the other party to this Remodeling and
Construction Agreement, and shall be made within a reasonable time after the dispute has arisen. The
award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof. If the arbitrator's award is in a sum which is
less than that which was offered in settlement by the Contractor, the arbitrator may award costs and
attorney's fees in favor of the contractor. If the award of the arbitrator is in a sum greater than that
which was offered in settlement by the AGENCY, the arbitrator may award costs and attorney's fees in
favor of the AGENCY.
V. GENERAL CONDITIONS:
Remodeling and Construction Contract - Page 2
(1) The United States Government, or its designee, is allowed to examine and inspect the
rehabilitation work.
(2) The premises are to be Occupied during the course of the construction work.
(3) This contract embodies all of the representations, rights, duties and obligations of the
parties, and any prior oral or written agreement not embodied herein shall not be binding
upon or inure to the benefit of any of the parties.
(4) The parties further state that to the best of their knowledge no member of the Board of
Commissioners of the City and no other officer, employee, or agent of said Authority
who exercises any functions or responsibilities in connection with the carrying out of the
Project to which this Contract pertains, has any personal interest, direct or indirect, in
this Contract. Further, no member of or delegate to the Congress of the United States
shall knowingly be admitted to any share or part of this Contract or to any benefit to
arise from the same.
(5) If performance by the Contractor is prevented or delayed as a direct result of riot,
insurrection, fire, or act of God or operation of law, an extension of one working day in
the time limited for completion of the work to be done hereunder will be allowed the
Contractor for each working day lost from such cause provided the Contractor, within
three (3) days after the beginning of such delay gives written notice to the City of such
delay and the reason or reasons for it.
(6) Without limiting other rights and remedies available to the AGENCY by law under this
Contract, the AGENCY shall have the following specific rights:
If, for any reason, other than those specified in #5 above, Contractor at any time fails for a
period of eight (8) consecutive calendar days to supply enough skilled workers or satisfactory
materials, or otherwise neglects to prosecute the work properly, the AGENCY, after seven (7)
consecutive calendar days may give written notice to the Contractor terminating this Contract.
In the event that the Contract is terminated, the Contractor will be paid only for the work
completed based on a figure determined by the City; or an amount of the original contract, less
a figure determined by bid needed to complete the work specified. Should it be impossible, or
impractical to obtain a bid, the work will be completed on a cost plus basis and the remaining
funds be disbursed to the original contractor.
VI. Other General Conditions:
General Compliance
Contractor agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Contract which were made
available under City's COMPREHENSIVE ENERGY ASSISTANCE PROGRAM.
Contractor shall administer the Comprehensive Energy Assistance Program (the "CEAP
Program") to eligible clients in accordance with Texas Department of Housing and
Community Affairs ("TDHCA") CEAP regulations and as out lined in CEAP regulations
and the Low -Income Home Energy Assistance Act of 1981, as amended, 42 U.S.C.
Sec. 8621 et seq. (the "LIHEAP Act" Public Law 97-35), and the "Coats and Human
Services Reauthorization Act of 1998", Public Law 105-285, signed October 27, 1998
which reauthorized the LIHEAP program for five years through FY 2004, and sections
103 & 107 of the Contract Work Hours and Safety Standards act (40 USC 327-330) as
supplemented by Agency of Labor`regulations (29 CFR, Part 5).
Independent Contractor
Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Contractor shall at all times'remain an independent contractor with
respect to the services to be performed under this Contract. City shall be exempt
from payment of all Unemployment Compensation, FICA, retirement, life and/or
Remodeling and Construction Contract - Page 3
medical insurance and Worker's Compensation insurance as the Contractor is an
independent Contractor.
Suspension or Termination
Either party may terminate this Contract at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least
thirty (30) days before the effective date of such termination. Partial termination
of the Scope of Service in Paragraph 1.13" above may only be undertaken with the
prior approval of City. In the event of any termination for convenience, all finished
or unfinished documents, data, studies, surveys, maps, models, photographs,
reports, or other materials prepared by Contractor under this Contract shall at the
option of City, become the property of City, and Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination.
City may also suspend or terminate this Contract, in whole or in part, if Contractor
materially fails to comply with any term of this Contract, or with any of the rules,
regulations, or provisions referred to herein; and the City may declare the
Contractor ineligible for any further participation in City contracts, in addition to
other remedies as provided by law. In the event there is probable cause to believe
Contractor is in noncompliance with any applicable rules or regulations, City may
withhold up to fifteen percent (15%) of said contract funds until such time as
Contractor is found to be in compliance by City or is otherwise adjudicated to be
in compliance.
The City may also terminate this agreement in the event of an emergency or disaster,
whether an act of God, natural or manmade, by giving twenty-four (24) hour notice. The
City may give said notice verbally to Grantee. Any expenditures incurred prior to
receiving notice will be reimbursed; however, in no event shall the City pay any
expenses incurred after notice of termination is received by Grantee.
Prevention of Waste, Fraud, and Abuse
Contractor shall establish, maintain, and utilize systems and procedures to prevent,
detect, and correct waste, fraud, and abuse in activities funded under this contract. The
systems and procedures shall address possible waste, fraud, an abuse by Contractor,
its employees, recipients, vendors, and administrating agencies. Contractor's internal
control systems and all transactions and other significant events are to be clearly
documented, and the documentation is to be readily available for monitoring by
Department.
Contractor shall give Department complete access to all of its records, employees, and
agents for the purposes of any investigation of the funded programs. Contractor shall
immediately notify Department of any discovery of waste, fraud or abuse. Contractor
shall fully cooperate with Department's efforts to detect, investigate, and prevent waste,
fraud and abuse in the funded program.
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 the Department or to
any appropriate law enforcement authority, if the report is made in good faith.
Legal Remedies
Remodeling and Construction Contract - Page 4
:Z Uv `/ I r,U
In instances where the Contractors violate or breach this Contract, the City may apply
administrative, contractual, or legal remedies. The Agency may suspend all activities
temporarily pending either corrective action by the Contractor or a decision by the
Agency to terminate this contract.
Legal Authority
Contractor represents that is possesses the practical ability and legal authority to enter
in to this contract, receive and manage -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 herby warrants that he/she has
been authorized by Contractor to execute this contract and amendments on behalf of
Contractor and to bind Contractor to all terms herein set forth.
Documentation and Record -Keeping
1. Records to be Maintained
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.
2. Retention
Contractor shall retain all record pertinent to expenditures incurred under
this Contractor for a period of five (5) years after the termination of all
activities funded under this Contractor after the resolution of all State
audit findings, whichever occurs later.
Prohibit political activity
The Grantee is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; sectarian or religious activities;
and lobbying. political patronage, and nepotism activities.
Air and Water
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., 7401, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., 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.
Civil Rights
Contractor agrees to comply and to require all subcontractors to comply with Title
VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act
of 1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Remodeling and Construction Contract - Page 5
UF! 7 i4e- . TO
Executive Order 11063, and with Executive Order 11246 and the regulations
issued under the order at 41 CFR chapter 60.
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 benefits 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.
This Amendment shall be effective on as of the date this Agreement is executed
This amendment to the Agreement shall be effective upon execution. The remainder of
the Agreement shall remain in full force and affect except as changed herein.
CONTRACTOR:
City of Lu
Signet r M r P
l Mayor
APPROVED AS TO,CONTENT:
Nancy Haney
Community Pev pment Di
APP D AS TO FORM:
_ I
tto
ST:
Redecca Garza
City Secretary
Remodeling and Construction Contract - Page 6