HomeMy WebLinkAboutResolution - 2023-R0575 - Contract 17548, With Simmons Pump & Supply - 12/05/2023Resolution No. 2023-R0575
Item No. 5.11
December 5, 2023
RESOLUTION
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. 17548 for supply and repair services for
submersible water well pumps, by and between the City of Lubbock and Simmons Pump &
Supply, 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 December 5, 2023
TRAY p E, MAYOR
ATTEST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
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Erik Rejino, Assistant City Manager
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Amy L. rr , Deputy i y Attorney
RES.17548 Simmons Pump
Resolution No. 2023-R0575
Contract 17548
City of Lub6ock
Supply and Repair Services for Submersible Water Well Pumps
Agreement
This Service Agreement (this "Agreement") is entered into as of the Sthday of December 2023
("Effective Date") by and between Simmons Pump & Supply (the Contractor), and the City of Lubbock
(the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-17548-YB, Supply and Repair Services
for Submersible Water Well Pumps and
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 Supply and
Repair Services for Submersible Water Well Pumps, 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— Best and Final Offer
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B attached hereto.
Article 1
1.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions,
said date of term beginning upon formal approval. This Contract will renew automatically for the
additional terms, unless either Party gives 90-day written notice to terminate the Contract.
1.2 All stated annual quantities are approximations of usage during the time period to be covered by
pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting
contract.
1.3 The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is
on file with the Purchasing and Contract Management Department as required by contract or contract
may be terminated for non-compliance.
1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice.
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.
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 inure 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 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.
2.9 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 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.
2.10 The City reserves the right to exercise any right or remedy 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.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract insurance requirements document, this
provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.14 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2.15 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be
paid wholly or partly from public funds of the governmental entity. (b) A governmental entity
may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association or (2)
the verification required by Section 2274.002 of the Texas Government Code does not apply
to the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verification is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.18 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.19 Indemnify. The Contractor shall indemnify and save harmless the City of Lubbock and its
elected officials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, andlor subcontractors, related to the
performance, operations or omissions under this agreement andlor the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
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
BY:
Tray Payne, ayo
A EST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
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Aubrey Spe Dir tor of Water Utilities
CONTRACTOR
Authorized Representative
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Print Name
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Address
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City, State, Zip Code
APPROVED AS TO FORM
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Amy ' Deputy ' ttorney
Exhibit A
City of Lubbock
RFP 23-17548-YB
Supply and Repair Services for Submersible Water Well Pumps
GENERAL REQUIREMENTS
1. INTENT
The City of Lubbock (City) intends to contract with one or more qualified local contractors to
supply new submersible pumps and motors. The contract shall also include shop service and
repairs for the submersible pumps and motors. The vendor shall possess sufficient staff, facilities,
equipment, parts inventory, and tools to be proficient with repairs on all types and manufacturers
of submersible pumps and low voltage pump motors up to 50 HP. The vendor will furnish all
labor, materials, and supplies necessary to provide the services. The City reserves the right to
enter into one or more contracts with any vendors selected under this RFP process.
2. PROJECT OVERVIEW
Application - The City utilizes submersible pumps and motors to lift raw water produced from
local wells and wells located in the City's Bailey County well field. City's pumps generally
range from 5— 50 HP, 480 volt 3 phase, between 4" - 6"
Product Requirements - All pumps shall be manufactured locally and fully assembled with
approved motors. Motors manufactured by Franklin will not be accepted. Preferred
manufacturer is Hitachi or SME. Pumps shall be equipped with stainless steel pump shaft and
impellers. Only brass bearings shall be used in pump manufacture or repair work. Pump
efficiency shall be rated at not less than 74%. Motor service factor shall not be less than 1.0.
Quantity - Requests by the City for repair work or purchase of new pumplmotor assemblies
shall be on an as needed basis. The City can offer no guarantees of minimum purchase for new
products or repair of existing units.
Warranties - All repair work shall be guaranteed a minimum of thirty (30) days after final
acceptance by the department of any of the services, repairs, additions, components or parts
thereof;
The City will use its best efforts to notify the vendor during the warranty period if any
repair or installation is not in good working order
• The City shall provide and bear the cost of all labor, material, and cost of transportation to
delivery pumplmotor assemblies to the vendor's repair center
• The vendor shall either repair or replace at the City's sole option any installation,
equipment, or component part not in good working order, at no additional cost to the City.
• All new pumplmotor assembly(s) shall have a warranty of not less than one (1) year of
purchase date.
3. VENDOR QUALIFICATIONS
The local vendor services shall include the following:
• Maintain a fully operational pumplmotor repair shop and staffed repair technicians
located within the City of Lubbock.
• Vendor is expected to maintain an inventory of common parts and materials needed to
repair and service submersible pumps and motors including pumps, motors, repair
parts, pump cable, and pressure tanks
• Manufacture all pumps supplied under this contract
• Provide prompt service and repair of pumps and motors of all manufacturers
• Fully pit test all repaired pumplmotor assemblies.
• Provide testing, analysis, and evaluation of units brought to the repair facility by City
staff.
• Vendor shall demonstrate previous experience regarding requirements of this
solicitation for a period of not less than (25) years.
• Vendor shall be able to provide written test reports for repaired units.
• Vendor shall be able to provide recommendations for pump sizing based on well
conditions.
• Vendor shall provide point of contact of at least three (3) companies, for which the
vendor has provided commercial services with the preceding twelve (12) months.
4. EVALUATION CRITERIA
Vendor Qualifications — 35 Points
Price — 30 Points
Experience — 25 Points
References —10 Points
City of Lubbock
RFP 23-17548-YB
Supply and Repair Services
for Submersible Water Well Pumps
Price Proposal Sheet
BAFO
Simmons Pump & Supply
Location Lubbock, TX
Total Cost $185.00
Quantity
Required Unit Total
# Items (+/-) UOM Price Cost
L� Xhlbli li
�-- � - - - - ._ _ _ _ _.
#1-1 Shop Labor 1 HR $60.00 $60.00
# 1-2 Machine Work i HR $125.00 $125.00
#1-3 Parts Discount Off PERCENT 40
Manufacturers Catalog
?'� ' •�.��
#2-1 Percentage of Markup PERCENT 28
VENDOR ACKNOWLEDGEMENT
In compliance with this procurement, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and being
familiar with the conditions to be met, has reviewed the information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
� Tegas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
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Author' ed Signature
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Print/Type Name
Title
Date
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Company Name Address "
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City, State Zip Code
Contact for questions, clarifications, etc.
Name and Title: � �� � ��+
Mailing Address: � �p
City, State, Zip: �e� L' D
Telephone No: a .� � — G
Faz No:
E-Mail: Pjy� �n�yri pTvl GI. (.U►'n
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
i Name of business entity flling form, and the city, state and country of the business entity's place Certificate Number:
of business. 2023-1084939
Simmons Pump & Supply
Lubbock, TX United States �ate Filed:
2 Name o govemmen entity or state agency t at is a party to t e contract or which t e orm �s 10/18/2023
being filed.
City of Lubbock Date Acknowledged:
3 Provide the identification number used by the governmental entfty or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17548
Supply and Repair Services for Submersible Pumps
Nature of interest
4 Name of Interested Pa Ci State, Count lace of business
rry ty, ry (p ) (check appllcable)
Controlling Intermediary
Baker, Chris Lubbock, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is ^ 4Y �.� [� {,,Jl/l.� ,___ __ , and my date of birth is ��
� — �
My address is ��ll� Y ��.. ---- --•--••- -••- � � , 1�, ._�1��, �Y • t -
(street) (city) (state) (zip code) (country)
I declare under penalty of pery'ury that the foregomg is true and correct.
Executed in �� Counry, State of _���.____ _., on the _�,�._day of ��, 20�.
(month) (year)
�
gnature of authorized agent oi contracting business entiry
(Dectarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.S.l.cb183824
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
lofl
Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2023-1084939
Simmons Pump & Supply
Lubbock, TX United States �ace Filed:
2 Name of governmental entiry or state agency that is a parry to the contract for which the form is 10/18/2023
being filed.
City of Lubbock Date Acknowledged:
11/01/2023
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the seroices, goods, or other property to be provided under the contract.
17548
Supply and Repair Services for Submersible Pumps
Nature of interest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
Baker, Chris Lubbock, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provlded by Texas Etnics commission www.etnics.state.tx.us V@fSlOfl V3.b.1.Cp1tS3tS'L4