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HomeMy WebLinkAboutResolution - 2012-R0304 - Contract No. 10663 with Tony Kay Construction, LLC - 08/09/2012Resolution No. 2012—RO304 August 9, 2012 Item No. 5.13 141"SOUCAMN BF, LFRFS0 L VED BY T1 I F CITY 0) UN (11, OFTI II; CITY (A' I J-4113OCK: THAT the Mayor of the City 01' LUbbock, is hereby aUtllO1-iZCd Zind dn'COCCI to exectae For nuid on behalf of1he City or Lubbock, Contract No. 10663 for airport terminal glass replacement annual prickg, by and betwen the C'ity of Eubhock and Tony Kay C"onstruction. LIX of AuMhi Lcxw. and related dom-nents, Said Contract is, attach��d hereto and incorpomied in this resMkmi as iFfully set fol-th, hercin and shall be includcd in the minutes offfic City Council. Passed by the City Coundl, can _Aj-jzust 9, jQjz_, / ... ...... . f— /R(4)IIII-SON. MAYOR ATTEST: Ifebec Garza, City Secrelm be% I tl Ill I mornis. I ix cc utive Ehrec to r of Airport A PPR 0 V LD A S TO I �O R N/1: . .. . ........... C'had Weaver. Assistant City Attorney vwcWoXRF&CcmHracl4hny Kay Conswuchon. LIX Juo I A 2012 Resolution No. 201.2­110304 August 9, 2012 11 H d Z- 10 6 63- DG, ki, I brio" mA (A a's It rp I u em, �N I V I I, a, a I P, i,i ug % no W IN ­ng Item No. 5.13 CIDN'rRACTNO. 10663 Contract Services A H-port Terininal Glass Replacernent Annual Pricing FFB l2-10663-DG "('HIS CONTRACT, inade arid entered into III is 9"' day ot'ALiaust, 2012, pursuant to as resolution heretofore adopled by the City of Lubbock, Texas, by and between, time City Of Lubbock ("City"), andTony Kay Construction,11C, ("Contractor"). W JTN E S S ETH - Wlf1-.'.R1.,_AS, tile City Oft-Libbock ChIly advertised for bids for Airport Terminal Glass Replacement Annual Pricino and bids were received and duly opened as required by law; and WI I EREAS, after careful consideration of the bid submitted by the Contractor, the City of Lubbock authorized the eXCCU6011, in the naine of the City of Lubbock a contract Nvith said Contractor covering the purchase and delivery of the said, Airport Terminal Glass Replacement Annual Pricing. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as (lie financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: I In accordance with City's specifications arid Contractor's bid, copies of which specifications and bid are zittached hereto and made part hereof, Contractor will deliver to the City, Airport Terminal Glass Replacement Annual Pricing, specifically referred to as liern(s) No. 1-3 on the Bid Form and more particularly described in the bid subrnitted by the Contractor or in the specifications attached hereto. 2 The City promises and agrees to eniploy, and does employ, the Contractor to cause to be done the work provided for in this Contract arid to complete and finish time same according to tile attached specifications, offer, and tertils and conditions contained herein The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto arid incorporated herein. 3 The contract shall be for a terni of'one (I) year, said date of terni beginning upon formal approval. The contract nlay g be renewed, for an additional one (I) year terra Under the sarne terns and conditions upon written agreement froth both parties. 4 This contract shall remain in effect until the expiration date, performance of services ordered, or tcrinination of fay either party with as thirty (30) day written notice. Such written notice niust state the reason for cancellation, The City of Lubbock reserves the right to award the canceled contract to the next lowest all(] best bidder as it deerns to be in the best interest of tile city. 5 Contractor shall at all times be all independent contractor and not an agent or representative of City with regard to performance of file Services. Contractor shall not represent that it is, or hold itselfout as, an agent or representative of City. III no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6 1 lie City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, inClUdiffil NVi1hOUt hinitation, the right to seek arty arid all forms of relief in, a Court of cornpetent.jurisdiction, Further, tile City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial rernedy. File rernedies, set forth herein are cumulative and not exclusive, and may be exercised concurrently, To the extent of any conflict between this provision arid another provision in, or related to, this document, this provision shall control, 7 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 expciise and at reasonable finies, reserves the right to audit Contractor's records and books relevant to all services provide(] to the City Linder this Contract. In the event such an audit by the City reveals ally errors or overpayments by the City, Contractor shall refund tile City the, full amount of such overpayments within thirty 28 11-11 12- 1 U663,0( ;, % i, I X-A fcrm i"', I (Am Wep I act I ne� I a A, I 'I "I 111, ici, I k Ann u a r P, 4 . ag (30) days Of' SLICh audit findings, or the City, at its option, reserves the right to deduct such anlOUMS owing tile City, froln any payments due Contractor. This ( ' 'ontract includes incorporation of Federal Transit Administration (FTA) Ternis. The preceding provisions include, in part, certain Standard Terms and Conditions required, by the Department ofTransportation (DOT), whether or not expressly set forth in the preceding g contract provisions. All contractual provisions required by DOT, as set fords in FTA CirCUiar 4220.1 f', are hereby Incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a Conflict %Vitlrl other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation ofthe FTA terms and conditions. 9 The contractor shall obtain and maintain ill fall force and effect during the term of the contract, commercial general liability coverage Nvith insurance carriers admitted to do business in the State of'l'cxas, The insurance companies must carry a Best's Rating of A- Vil or better. 'file Policies will be written On an occurrence basis, sub ect to tile following, I'll in iulfflu limits of liability: Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406,002 of the Texas Labor Code, Further, Contractor shall maintain said covet -age throughout the term of tile Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall, be a material breach of this Contract," -["lie contractor may maintain Occupational Medical and Disability Insurance in, lieu of Workers' Conipensation. In either event, the policy must be endorsed to include a waiver of subrogation ill favor of the CITY OF LUBBOCK, The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in all arrIOLIat 110 less than S500,000, TYPE AMOUNT Commercial General Liability Per Occurrence: $1,0()0,000 General Aggregate 11roducts-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability Any Auto: $1,000,000 Combined Single Limit Bodily Injury (Per Person) Bodily injury (Per Accident) Property Damage Workers Compensation Statutory Amounts: S500,000 Employers' Liability And/or Occupational Medical & Disability The City Of Lubbock shall be named a additional insured on as primary and non contributory basis, with a waiver of SUbrogaliort in favor of tile City on all coverage's. All copies of tile Certificates of insurance shall reference the project name or bid number for which the insurance is being supplied, 10 The contractor twill provide a Certificate of insurance to the City as evidence cif coverage, 1'he certificate will provide 30 days notice of cancellation, and under the cancellation section,, the wording "endeavor to" and "but failure to snail 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 endorserrient allached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory 29 I IR \iq,�'rl Pdd,,g \--1 116,ing amourlt. If at a I IV tulle Ile L I Ilri I Ig t I I e lite of t I I c coll I rac I or aI u Y cxlension, the con I ractor I aiis to maintain tI ic rcquirck I insurance in full force and ctTect, all Nvork killder the contract shall be discontinued ilmncdiatcly. Any fllilurc to Maiatailil the IetLlil"Qd il)Suralwc 11lay be .sufficient Cause lor the City to tin-millatv the coll1ract, I Ii . Nedher the ( ity nor the Contractor shall assign, lransl'er or eVICUmber any rights, clUtiCS or oltO-Csts, accruing from lhis Conlract wilhoul the writtell Consent of the other. 12. TIlls Colln-acl collsists of the following documents set forth 1wre6l, Invitation to Bid 4 12 - 1066 3 -- [)(I, SpcCifications, "Ind [Ile Bid Form. I'S WITNEISS WIIIEREOF, the parties heroo have caused tills Contracl to tic executed the (lay and Year first abow WrillCrl. FNeCLaCd in triplicate. CITY OF LUBBOC I � 1, it ) /C,r t s o I i, T/0 r Malum tary A,PIxR()V'ED AS TO CONTENT, JaniLoonwk F,xeculive Director ail' Ait-liort APPRMELYMS TO FORM: Chad Weaver, Assislant 01y Attorney 30 C ONf RAC'l OR 13 Y m,. c ri- ALlthoi' cppresen anv, Print Address ain I UH I Z- 10(,63-1)c kirp., ( 1--niu A (M." kqd—ive'a Pri,ing City of L u 1) bock, 'rexas Purchasing and Contract N/lana-L,ement FFB 12-10663-17(j- AirportTerminal Glass Replacement Annual Pricing SPECIFICATIONS I N'1'EN'1' a) I his solicitation is an Invitation for Bid to establish an annual price contract lor AirportTernifflal (_`jlass RclAacenicrit Annual Pricing, b) No guarantee of Volume. The City of Lubbock does not guarantee any specific arrIOUnt of compensation volume, 111init"111.1in or maximum. AmOLHIB, quantities listed on the bid fi,)rm are estimates only, IL SCOPE OF WORK Q) Reiriove and dispose of existing glass and install new Viracort- I" VS4-20 Insulated HS/AN 1/4" Bronze HS, VS-20 42 VT As -Mill Finish 1/4"' Clear AN. d) These pieces of glass are not all the exact same size; measurements vary slightly for each piece. Contractors are encouraged to attend the on -site pre -bid meeting at which tinie contractors will be allowed access to SCCUre areas to take measurements. This will be the Only opportunity to take measurements before Submitting YOUr bid. e) The vendor will need to have a minimum of two personnel badged for security at the airport. During, installation we require that the contractor (ravea safety person inside the terminal where the glass is being replaced for controlling the public and keeping a roped safety area. The airport will supply barriers for the contractor to use for the safety zone. a) The contract shall be for a term of one ( 1) year, said date of term beginning Upon fc)rnial approval, 'The contract inay be renewed For an additional one (1) year term under the same terms and conditions upon written agreement from both pat -ties. I V. NOTIC1`1 TO PROCEJ"D a) The successful bidder shall not commence work underthis invitation to bid until duly notified by receipt Notice to proceed signed as executed by the Director of Purchasing & Contract Management. W. 1111 11 ^ 104634)(; %i' P"'t I"­­A1 #;J­ M, N It M.. 1 1—- 1 PH(i"Il CRY Of Lubbock Purchasina and Contract Management BID FORLM Ill CoIllphallo: with the Invilatii)n to Bid 12-10663-DG, the undersigned Bidder having examined the invitation to, Iiid and SPecifications, ind being 1'amOiar with the conditions to be met, hereby iubmits the 1OHOwllng Bid for tomishin g the rilaterial, equiprucilt, labor and everything necessary for providing the Itenis listed below and agrees to deliver said items at the kwatlons and for the prices set forth on this form. A bid will he subject to being considered irregular and may be rejected if it shows onnssions, alterations of form, conditional alternate bids, additions or alternates m lieu of the items specified, if the 011it prices are obviously unbalanced (either in excess of or below re"asonably expected values), or ilTCgUIarities of any kind, file Invitation to Bid I2-10663-OG is by reterence incorporated in this contract, The Bid Form must be corinple(ed in Mile or black ink or by typewriter. Q'ry D F S C'R I PTI 0 N UNIT PRICE EXTFNDED COST 12 EA 481"x, 96" - I" VS4-20 Insulated I IS/AN !4­ BronzeVS_2() #2 k) As-,NMid Finish Clear AN er s 2 83 FA cc 48" x 50*'- 1 " VS4-20 Insidated IIS/AN " Bronze [IS, VS-20,12 as Mill Finish �/." Clear AN �,"pec _T_ FA per, 48" x 12O�" - I - VS4-20 Insidated IIS/AN !/," Bronze VIS, VS-20 42 1/," AzAG1l 4 natal *Prices are F,O.B. Destination, Freight Pre -Paid and Allowed "Ater Receip o rdtr (ARO) Unless otherwise specified herein, the City may award the quote either item -by -item or on an all -or -none basis for any item or.group, of items' shown can the quote, I Ile City of Lubbock reserves the rig ht to reject any orall bids, reject any particular item on a bid, and to waive immaterial k)rmaluies. The bid may be awarded either to the lowest responsible bidder or to the bidder who provides goods or service,,, - at the best value for the City of Lubbock_per Local Government Code 251043 (B), P,XYMENT FERN4S AND DISCO( ' �N'FS -Bidder offers a prompt payment discount Of net —calendar days. DIscOUnts willnot be considered in determining low bid. Unless otherwise indicated (in the Bid Form, payment terms wiH be ,"4 E F H I I R I"Y DA yS. J'be (''ity w, 11 pay the successflul bidder within thirty (lays aver the receipt of a correct invoice cIr afler the (fine of acceptailce. whiche% er event occurs later, Discounts for prompt payment requiring payment by the City within a st'pillated numl.)cr of days A, ill be mterpr(.tcd as apl-flying within the stipulated number of calendar days atler the date of roo,!lpt by tile l"'itY (If c' c-'rect invoice or aller the date of acceptanc. that meets contract requirvnients, %lllichc�cr event o"txs into Di,Cqua irs t'or Ilia rte,rat ill less diall tell days will not he Cl)Rsiiderc& V V \h P'RICIN( , I Ile MddcI- c011ifie'S Owt the price is not In price charptd nyomc im-, udlw! tt rlol t�-lw, 'IU1111 J(f j�jamit% t'lc products lake dck� flot :lcludc all F.,mcntin '"CLss Cf OIX IlOrRMfN ob(amcd h% the Rlidd'CC 011 the sale: :%' ncI Ya. iVi. , It 'J11� �J�J � l,)r (I lllmo urmllc ''nvrlct "r ti �t:ru;locrni,or !cs'Wllnlll'��,oj% I9ar (!c�o d'A iv 'Ird 'h n, pl, ll [A-1 IAA q .,,nt L' S 1, 111 C tcd . r 111 c r �i I I a i Ll L l I e I I t I I e List k 0 � I t, rrdr:r,, i'r, kill r i c� p ro c 0 1 r T 1,06"o flidepeindent SCII001 District, Vubhock Housing, Anlillorilv, Lubbock Conulty, Lubbock County 11,I)spilal istrict, Lubbock Indvpen(jerij Scll()()l j)isjrjct, Souill Fcch Ulji�crii(y, West I'exjs p()1c. r 1'ex;1% Agpellc'%, "Pl"Q'IVaJalkw«311d CRY of NVolff'orth, NO 11"You (tile hidder) checke(l yLs, the f'oHIming will apply: 0 GovCI-1111101tal entities utilizing hiterlocal Agreenicills for ('00liclalive Purvhasinj oligible, but %Vull 1hC CitY Ot'I,Ubbock �kdl be 11(�)' �)hh�7MWLI, to llUrChase rmaeriaksm ices Iunder the contract(s) a%varded as a result of, III soliciialion. All purchases by governmental crilifies other dial' tile City of Lubbock %vilf be billed directly tar th"' governmend clItilY and paid by ihat goN,crj 3 goverinnennal entity's dc '"Icrlr�ll entity, City of Lubbock will no( be responsible f6r another %. l-ach go%mmicnial cillity will order ificir (mll Indleria Is,'sery ice as needed. I I US RID is SUBIVII I In' jo ha corpcmmon organiie(j undcr file lawns of (be State Iq 7— or ,I parIncrship consisting ctfor indikidUal n-a&ng as I 0 f m lie City of Firnl: 1WAd- I — 1-1 / I Address: City:_z Bidder acknowic(iges rcceiPI (WIlle fbilowing addenda: Addenda No, Date Addenda No. Date Addenda No�. I)ate NIAVRE, Fi rm: F--FW —oma, I lispanic A State: Black Aincricau Native Alnericall Asian V,'Icific Anicricii I Irwwr I —Q—; k, i Any entity or person that nlanul)ICWTCS, (fistributes, converts new 11lotor vehicles (or represents tijfl cutify that njan— ufactures, distributes, or convcris new "'()for veIncles') or is In the business of buying, exchanging, or selling crew motor vehicles is tile rf,CX, OCC, rccluired under Code. Chapter 2301 10 be ficensed by Motor Vehicle Divislon of the If'. xas Department of Transportation. In order for I bid to be in comphance with tile Motor Vehicle Commission Code, the bidder trust hold and provide all a1)PlicaWe current valid licenses iSSLIed by the State ofTexas: I Narne—.--- and MallufactIlre's License No. 2Name 3. Narne and Converter's License No, 4 Name and Representative's Liccnse No.---- and Franchise Dealer's License No General Distinguishing No, (Franchised TX dealer) M1181 V01 /v hand Officer Name and Title: P/cast" prila l3usulcss lc1cphoric Number F-mail Addrew FOR CTF'Y USL ONLY Bid Form Win Numher(s) ",lrdcd to Above Named Fills ludiviallaaal: FAV Date of'Aw�ard by City ("ounvil 825,000): ---Dale Issued: