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HomeMy WebLinkAboutResolution - 2014-R0040 - Contract - Horizon Glass - Airport Terminal Glass - 02_13_2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11691 for airport terminal glass, by and between the City of Lubbock and Horizon Glass, 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: Retie ca Garza, City Secreta APPROVED AS TO CONTENT: February 13, 2014 C26� 4M(Wk Kelly Campbell, Interim Executive Director Airport APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Horizon Glass January 16, 2014 Contract 11691 City of Lubbock, TX Contract For Services For Airport Terminal Glass THIS CONTRACT made and entered into this 13th day of February, 2014, by and between the City of Lubbock ("City"), and Horizon Glass, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for airport terminal glass and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said airport terminal glass. 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 are attached hereto and made part hereof, Contractor will deliver to the City, airport terminal glass and more specifically referred to as Items One thru Nine on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. 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: TYPE AMOUNT General Liability $500,000 Commercial General Liability General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liablity Automotive Liability Any Auto $500,000 Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and non-contributory basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. 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. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 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. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 14- 11691-TS, 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 Glen . Roberts n, Mayor ATTEST: Reb cca Garza, City Secret APPROVED AS TO CONTENT: Kelly Campbell Interim Executive Director Airport APPR V AS O FORM: Assistant City Attorney CONTRACTOR FIN N tative 61viS Address LU�js�O`ZGi l y �� Tl City, State, Zip Code Revised City of Lubbock, TX ITB 14-11691-TS Airport Terminal Glass Specifications I. INTENT This solicitation is an Invitation to Bid to establish a contract for the airport terminal glass replacement. II. SCOPE OF WORK A. Remove and dispose of existing glass and install new Viracon — 1"VS$-20 HS/AN, '/ Bronze, heat strengthened VS-20#2, %2" airspace — mill finish sightline %2', Dow 982 silicone (black), '/" clear annealed. B. Size and count for 1" insulated glass approximate sizes: 4 — Main level units approximate size 48" X 98" 6 — Second level units approximate size 48" X 50" 1 — Second level unit approximate size 48' X 120" 2 — Main level unit approximate size 72" X 98" 1 — Main level unit approximate size 72" X 78" 2 — Second level unit approximate size 48" X 36" 20 — Top level unit approximate size 48" X 24" C. Size and count for '/" clear annealed glass approximate sizes: 2 - Main level approximate size 72" X 60" 1 — Second level approximate size 62" X 24" D. Additional Glass: 7 Ft. x 6 Ft., '/ Bronze Heat 7 Ft. x 8 Ft., '/ Bronze Heat 7 Ft. x 9 Ft., '/ Bronze Heat 7 Ft. x 4 Ft., '/ Bronze Heat 7 Ft. 32", '/ Bronze Heat 3 Ft. x 11 Ft., '/ Bronze Heat E. The contractor will remove and dispose of existing glass and install new glass in a timely manner. The contractor will furnish the necessary equipment and materials to do the job and will be responsible to secure the job site safely prior to leaving daily. F. These pieces of glass are not all the exact same size; measurements vary for each piece of glass listed; they are all approximate sizes. The contractor will need to measure every piece of glass before ordering. If bidders would like to come out and take measurements for the bid itself, we will be glad to escort. Q: Purchase/Bid Docs/lTB 14-11691-TS, Airport Terminal Glass 29 G. The contractor will need to have a minimum of two personnel badged with escort privileges for security at the airport. The contractor will have to have two badged personnel on site and remain on site before they will be allowed to begin work. During removal and installation we require that the contractor have the work area barricaded and a badged safety person inside the terminal where the glass is being replaced at all times for the public's safety. Total badging costs are $45. There is a $30 non-refundable finger print fee. Applicant must pass a FBI criminal background check. If the applicant passes the background check, they will have to schedule a one hour class on airport security. Once the class is completed, they will pay $15 and get their badge. There is a $100 fee for a lost, stolen or destroyed badge. H. The glass will need to be installed within 120 days from the date the glass is delivered. III. Terms The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. IV. Notice to Proceed The successful bidder shall not commence work under this invitation to bid until duly notified by receipt Notice to Proceed signed as executed by the Director of Purchasing and Contract Management. Q: Purchase/Bid Does/ITB 14-11691-TS, Airport Terminal Glass 30 ********REVISED******** BID FORM Airport Terminal Glass City of Lubbock, TX ITB No. 14-11691-TS In compliance with the invitation to Bid 14-11691-TS, 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. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14-11691-TS is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. QT UNIT OF UNIT PRICE' EXTENDED Delivery Days ITEM MEASURE DESCRIPTION BID COST I. 4 EA 48" x 98" 1" VS4-20 IG $ $ HS/AN, '/< Bronze Heat Strength VS-20k2,'/2" Airspace I � J ^U o' 5 � / (�nD ° t/ Mill Finish Sightline '/z', Dow % 982 Silicone Black, '/," Clear Annealed, As Specified Herein. 2. 6 EA 48" x 50" 1" VS4-20 IG $ aG $ 0 0 HS/AN, 'h Bronze Heat $ .- /„n 2 Strength VS-20#2,'h" Airspace Mill Finish Sightline''/2', Dow 982 Silicone Black, %." Clear Annealed, As Specified Herein. 3. 1 EA 48" x 120" 1" VS4-20 IG Bronze Heat $ o L'(j4, C.HS/AN,'/, j�a Strength VS-20#2, %2" Airspace i Mill Finish Sightline'/2', Dow 982 Silicone Black, '/," Clear Annealed, As Specified Herein. 4. 2 EA 72" x 98" 1" VS4-20 IG HS/AN,'/< Bronze Heat $ pv �Cg'& $ o 0 4 ' %2, Strength VS-202, %2" Airspace Mill Finish Sightline %2', Dow 982 Silicone Black, '/." Clear Annealed, As Specified Herein. 5. 1 EA 72" x 78" 1" VS4-20 [G HS/AN, '/. Bronze Heat $ (' �� otl Strength VS-2042, /i' Airspace Mill Finish Sightline'/2', Dow 982 Silicone Black,''/." Clear Annealed, As Specified herein. 6. 2 EA 48" x 36" 1" VS4-20 IG HS/AN, '/a Bronze Heat $ Z $ �/,, ` `f' 2 Strength VS-2042, %2" Airspace j Mill Finish Sightline IV, Dow 982 Silicone Black,'/4" Clear Annealed, As Specified Herein. Q: Purchase/Bid Docs/ITB 14.1 1691-TS, Airport Terminal Glass 7. 20 EA 48" x 24" l" VS4-20 IG HS/AN, '/. Bronze Heat $ 06 Strength VS-20#2,'/2" Airspace Mill Finish Sightline'/2', Dow 982 Silicone Black,'/I' Clear Annealed, As Specified Herein. 8. 2 EA 72" x 60" %." Clear Annealed 9. 1 EA 62" x 24" %" Clear Annealed �`1C0�0 10. 1 EA 7 Ft. x 6 Ft., '/. Bronze Heat $ ` s DO " $ 11. 1 EA 7 Ft. x 8 Ft.,'/4 Bronze Heat $ o $ 1,63 o 12. 1 EA 7 Ft. x 9 Ft., '/< Bronze Heat $ / /^ 13. 1 EA 7 Ft. x 4 Ft., %, Bronze Heat $ D� $ / OO 14. 1 EA '/, 7 Ft. x 32",Bronze Heat $ q75 CC4 15. 1 EA 3Ft. x I 1 Ft., '/4 Bronze Heat $ // 3 $ / 113 , Total Cost (Items 1-15) $ *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for airport terminal glass with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. 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? Q; Purchase/Bid Docsam 14-11691=rS, Airport'rerminal Glass 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��70->-1 / 5 a corporation organized under the laws of the State of S , or a partnership consisting of or individual trading as of the City of Firm: r 4lq-, S Address: (' M 4�5, :�>O C2 City: Bidder acknowledges receipt of the following addenda: Addenda No. I Date Addenda No. L7- Date Addenda No. Date State: 7?, M/WBE Firm:1 I Woman Black American I I Native American Hispanic American Asian Pacific Americ I Other (Specify) W-.02A. 0 Authodied Pomsentative - must sign by hand Officer Name and Title: /O�t� aGfiEnS lSl���l/%L Please Print Business Telephone Number ODGr ((% g% �D��/ FAX: E-mail Address: (=� (���i¢� S FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50, 000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Q: PurchaseBid Docs/ITB 14-11691-TS, Airport Terminal Glass