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HomeMy WebLinkAboutResolution - 2005-R0105 - Contract For Generator Maintenance Service =- Warren Cat Of Odessa - 03/04/20051�I"t6at NO. io05-1911 M, 41, Itd� 34 _ 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 Contract for generator maintenance service, by and between the City of Lubbock and Warren Cat of Odessa, 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 this 4th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: �Ur Victor Kilman, Purchasing Manager APPROVED AS TO FORM: Assistant gs/ccdocs/res-Contract-Warren Cat.res February 18, 2005 day of March MARC 2005. MAYOR Resolution No. 2005-RO105 CITY OF LUBBOCK Generator Maintenance Service Contract — Two Year Pricing Bid No. 05 -004 -BM Contract# 5808 THIS CONTRACT, made and entered into this 4th day of March, 2005, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Warren Cat, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Generator Maintenance Service Contract — Two Year Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Generator Maintenance Service. 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: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Generator Maintenance Services specifically referred to as Items No. 11=8 and more particularly described in 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. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. 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. 5. 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: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence ITB#05-004-BM.doc Owner's and Contractor's Protective Liability: General Aggregate $1,000,000 Business Automobile Liability: Combined Single Limit $500,000 Any Auto The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds with the policy endorsement being primary and non-contributing with respect to any insurance carried by the City of Lubbock under the liability policies. All policies except Workers Comp shall include a severability of interest endorsement. 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 elect to obtain workers' compensation coverage or in the alternative shall maintain Occupational Accident and Disability Insurance in lieu of Worker' Compensation. 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. All policies shall be endorsed to include a waiver of subrogation in favor of the City. 6. 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #05 -004 - BM, General Conditions, 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 arc McDougal, Ma ATTEST: Re ecca Garza, City Secretary ITB#05-004-BM.doc U Ad ess I-a� �-- 0 -�r, ���,� Lau 2 [Vt ; J 14-1 � 1'7q %i/- v( � APPROVED AS TO FORM: Mw APPROVED AS TO CONTENT: A I I � ITB#05-004-BM.doc mfl' -6, urtis McDole, Water Pumping & Control, Electrical Equipment Foreman SUBMIT TO: .t . CITY OF LUBBOCK CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENT , 162513TH STREET, RM L04 LUBBOCK, TX 79401-3830 AN EQUAL OPPORTUNITY INVITATION TO BID CONTACT PERSON: Bruce MacNair EMPLOYER #05 -004 -BM TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.cf.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Generator Maintenance Service Contract February 2, 2005 0 1:00 P.M. CST PRE BID DATE, TIME AND LOCATION: January 25, 2005 0 9:00 AM, Any bids received after the time and dote listed above, Water Treatment Plant Training Room, 6001 N. Guava, Lubbock, TX regardless of the mode of delivery, steal be returned unopened. RESPONDENT NAME: � � - LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: //�� r 3 Q O �c./ IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT �C �% (/C OF NO BID". CITY 2ATE - ZIP: �x THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN 55� 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 O BE IN THE INTEREST OF THE CITY. TELEPHONE N0: IT THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST BILITY TO ADVISE THE ITY PERM3OF L BBOC PURCHASING MANAGEROMPETITIVE BIDS. IT IS EIFIANY 'LANGUAGE! REQUIREMENTS, ETC.,, OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITS TO A SINGLE SOURCE. SUCH NOTIFICATION MUST FAX NO: Z V �� / E-MAIL: 12v4e,.1_z1�ifi(/`idi: C0ArBE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. FE TAX ID NO. OR SOC AL SECURITY NO. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM 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 firmi 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 I 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 will 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. At the City's discretion, such assignment shall be made and a effective at the time the City tenders final payment to the vendor. Aut zed Signature Title PrintlType Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITBIl05-004-BM.doc Other governmental entities that might have Interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Govemments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES_ NO • If you (the bidder) checked YES, the following wilt apply: • GovemmentaL entities utilizing Intertocat Agreements for Cooperative Purchasing with the City of Lubbock wilt be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. Ail purchases by governmental entities other than the City of Lubbock will be bitted directly to that govemmental 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 mat e rials/servic e as needed.. THIS BID Is SUBMITTED BY i C�/� /I ���'�lZat.* . organized under the laws of the State of A/.ac'� , or a partnership consisting of Firm: Address: City:_J� M/WBE Firm: M Black State:_ 0"2,62 - Authorized presentative - must sign by hand n officer Name and Title: /1l / nt 4-- Business Telephone Number F LABEL THE OUTSIDE OF YOUR SEALED BID WITH, THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITBi105-004-BM.doc 3 U1-10—Ua,u4;1orM; # 2/ Affidavit of Nott -Collusion, Non -Conflict of interest, and Anti -Lobbying project MOM Generator Maintenance Service Contract Solicitation No. ITB# 05 -004 -BM State of Texas County of Lubbock 1, ` •7`-�c C • �- INAWR , wins first duly swam, depose and say: (1) Neither I nor any of my officers, partners, owners, agents, representatives, employees, or parties In Interest, have in any way colluded, conspired, or agreed, directly or Indirectly, with any person, firm, corporation or other entity submitting a bid on this project or potential participant in this procurement action in regard to the terms or conditions of this bid_ I have not paid or agreed to pay, directly or indirectly any person, firm, corporation or other entity submitting a bid on this protect or potential participant in this procurement action. any money or anything of value In return for anistance in obtaining or attempting to obtain the contract anticipated to result from this procurement action. l will not pay any money or anything of value in the future for that purpose. (2) None of the deciding factors set forth in the solieltatlon or In the subsequent agreement were my idea or the idea of anyone representing my company, unless the suggestion was made at a public meeting. (3) No officer or stockholder of my company is an employee of the City of Lubbock or any elected official of the City, or is related to any employee or elected official of the City of Lubbock that will exercise authority in the selection of the successful respondent. (4) My agents, representatives, subcontractorsitsub consultants and i will not undertake any activities or actions to promote or advertise my bld to any member of any City Commission reviewing the responses, member of the Lubbock CV Council or City staff except in the course of City -sponsored inquiries, briefings, interviews or presentations between the date the request for bids was issued and the date of awan Signature: Title: V v J ' pirrntEntlty: uJL .1.1 Subscribed and sworn to before me this z D.W. D - �y 20,x, My Commission ExpiresJ'V7--�D-0' ' 25 ZVO-d 29/20'd 991-1 to 129119D2 t9igvwnxnd-Yaag;n1 an Liin-WnJa WRim cn-4i-aoa BID FORM Generator Maintenance Service Contract CITY OF LUBBOCK, TEXAS ITB #05 -004 -BM In compliance with the Invitation to Bid #05 -004 -BM, 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. The Invitation to Bid #05 -004 -BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. 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 wilt be NET THIRTY DAYS. The City wilt 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 wilt 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 tater. Discounts for payment in less than ten days will not be considered. 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 property authorized intertocal 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? ITB#05-004-BM.doc UNIT PRICE' UNIT PRICE' BID Annual BID Bi -Annual Total UNIT OF Annual Contract Bi -Annual Contract Price Two-year ITEM QTY MEASURE DESCRIPTION Preventive Price Load Bank for LOAD BANK Contract Price Maintenance Testing only Testing a. b. C. d. e. f. = b x e g. h. =bxg f. = (f x 2) + h Van mounted 1. 3 ST Caterpillar 1250 kW $ $ $ generator sets, as $ $ specified herein. Separate Mounted 2. 3 ST Olympian 17 kW $ $ $ generator sets, as $ $ specified herein. Trailer mounted 3. 3 ST Olympian 50 kW $ $ $ generator sets, as $ $ specified herein. Skid mounted 4. 1 ST Caterpillar 155 kW $ $ $ generator set, as $ $ specified herein. Stationary Onan 100 kW 5. 1 ST generator set, as $ $ $ $ $ specified herein. Stationary Stewart 8 6. 1 ST Stevenson 100 kW $ $ $ generator set, as $ $ specified herein. Portable Muttiquip 85 7. 2 EA kW generators, as $ $ $ $ $ specified herein. Stationary Onan 60 kW 8. 1 EA generator, as specified $ $ $ $ $ herein. TOTAL BID (Items 1 through 8): Total Two -Year contract price $ 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 wilt be NET THIRTY DAYS. The City wilt 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 wilt 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 tater. Discounts for payment in less than ten days will not be considered. 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 property authorized intertocal 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? ITB#05-004-BM.doc Generator Maintenance Service Contract CITY OF LUBBOCK, TEXAS ITB #05 -004 -BM THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME Et DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Generator Maintenance Service Contract per the attached specifications. Sealed bids will be received no later than 1:00 p.m. CST, February 2, 2005, if date/time stamped on or before 1:00 p.m. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #05 -004 -BM, Generator Maintenance Service Contract" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered, or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre- bid meeting wilt be held at 9.00 A M January 25 2005 in the Water Treatment Plant Training Room. 6001 N. Guava Lubbock Texas All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre- bid meeting to bidders who do not attend the pre-bid meeting. ITBa05-004-BM. doc 4 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form wilt obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery wilt automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases wilt not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#05-004-BM.doc for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR ITB#05-004-BM.doc 8 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shalt furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is property qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALLNOT`DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a levet playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 18 BONDS, INSURANCE AND INDEMNITY 18.1 No bonds are required to be submitted with this bid. 18.2 The successful bidder shalt meet the minimum insurance requirements as defined in Section II. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. 18.3 The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shalt be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shalt, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shalt be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor ITBJ#05-004-BM.doc 10 Generator Maintenance Service Contract CITY OF LUBBOCK, TEXAS ITB # 05 -004 -BM II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the additional insured endorsement, 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): 1. 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 coverage throughout the term of this 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 workers 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. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the polity must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. 2. Commercial General (public) Liability - Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate and shall include the following: Products and completed operations Personal Injury and Advertising Injury Fire Legal Liability 3. Owner's Et Contractor's Protective Liability - In the General Aggregate of $1,000,000 4. Business Automobile Liability - Contractor's insurance shalt contain a combined single limit of at lease $500,000 per occurrence, and include coverage for but not limited to the following: Bodily injury and property damage Any and all vehicles owned, used or hired ADDITIONAL POLICY ENDORSEMENTS Contractor agrees to waive its right of recovery against the City of Lubbock for alt claims and suits against the City of Lubbock, which are or may be covered by the above-described insurance coverages. Contractor. In addition, its insurers, through policy endorsement, waive their right of subrogation against ITB#05-004-BM.doc 12 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) CONTRACTOR'S NAME: (Print or Type) CONTRACTOR'S ADDRESS: Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( Date: Contractor (Print) NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. ITB#05-004-BM.doc 14 Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 7 Force Maieure: Neither party shalt be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 8 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 9 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 10 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 11 Unsatisfactory Work: If, at any time during the contract term, the service performedor work done by the Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the community, the Contractor shall, on being notified by the City, immediately correct such deficient service or work. in the event the Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. 12 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract. 13 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. ITB#05-004-BM.doc 16 3.6.3 All analysis shall include generator equipment nameplate information, heading of lab performing tests, condition of sample, recommendations for corrections, if any, and a listing of any contaminates found. The report shall include the unit number and V#, where the equipment is identified with these numbers. 3.6.4 Change oil — only new oil recommended by manufacturer shall be used. Fill to proper level. Check and report oil pressure 3.6.5 Change Oil filter(s) 3.6.6 Radiators shall be flushed and refilled with new coolant that is of recommended strength to provide freeze and boil protection and refilled to proper levels. 3.6.7 All leaks shall be noted on the report. Technician shall ensure no fluid leaks are present before departure from the job site. 3.6.8 Change air filter(s) 3.6.9 Inspect all hoses and belts. All hoses and belts shall be replaced every two years on all units listed within these specifications. These shall be changed the same year as load bank testing is performed. 3.6.10 Check fan condition. 3.6.11 Check block heater, water pump, and thermostats 3.6.12 Check fuel system including fuel line connections and hoses, drain any water from separator, check fuel pressure, replace all fuel filters. 3.6.13 Check Air and Exhaust system including air inlet system, exhaust manifold, valves and valve rotators, exhaust duct 3.6.14 Inspect operation of control panel and all associated metering devices including voltmeter, ammeter, frequency meter, circuit breaker, and starting controls 3.6.15 Check starting system including batteries, connections, battery charger, and starting motor 3.6.16 Check generator bearings, slip rings, vibration isolators 3.6.17 Technician shall wipe clean and properly dispose of any fluids that may be spilled during PM service and/or load bank testing. 4.0 LOAD BANK TESTING 4.1 Each generator listed in Section 2.2 shall be load bank tested on a schedule occurring at or about the month of March, beginning in 2005 and occurring every two years thereafter. This test shall be performed after the PM service has been completed and shall be within the same time period. 4.2 All scheduling for load bank testing work shall be initiated by the vendor and coordinated through the Electrical Foreman at least thirty calendar days prior to work being performed. Notice must be submitted in writing and a hard copy sent to: City Of Lubbock Public Works Division PO Box 2000 Lubbock, Texas 79457 C/O Curtis McDole A copy must also be sent electronically to: cimcdole(@mail.ci.Iubbock.tx.us 4.3 With the exception of the three 1250 kW units, all generators shall receive a full test for two continuous hours. As minimum, these generators shall receive a test at intervals of approximately 25%, 50%, 75%, and 100% load. 4.4 The three 1250 kW generators shall each receive testing for four continuous hours. As minimum, these generators shall receive a test at intervals of 25%, 50%, 75%, and 100% load, one hour each interval. 4.5 During the load bank test for all generators, recording shall be made in 15 minute intervals for the following parameters, as minimum: 4.5.1 Volts 4.5.2 Amps 4.5.3 Hertz ITB#05-004-BM.doc 18 7.0 GENERATOR INFORMATION 7.1 Van Mounted 1250 kW Generator — V#990093 Unit #1 7.1.1 Caterpillar Model #3512GS 7.1.2 Engine serial # 24ZO9058 7.1.3 Arrangement number 7C5185 7.1.4 Spec. #OT6106 7.1.5 Horsepower 1800 7.1.6 Kilowatt 1250 7.1.7 RPM 1800 7.1.8 Rated Voltage 4160 3 Phase 7.1.9 Generator Type SR413 7.1.10 Generator serial number 2FN01089 7.1.11 Generator KVA 1562 7.1.12 P.F. — 0.8 7.1.13 Frame 695 7.1.14 Rated amps — 216 7.2 Van Mounted 17 kW Generator — Also inside V#990093 Unit #1 7.2.1 Olympian Model #D17LH1S 7.2.2 Serial #093611/01 7.2.3 Frame LB1012J 7.2.4 Rated Voltage 240/120 1 phase 7.2.5 Rated Current 70.8 Amps 7.2.6 Rated RPM 3600 7.3 Van Mounted 1250 kW Generator — V#990094 Unit #2 7.3.1 Caterpillar Model #3512GS 7.3.2 Engine serial # 24ZO9059 7.3.3 Arrangement number 7C5185 7.3.4 Spec. #OT6106 7.3.5 Horsepower 1800 7.3.6 Kilowatt 1250 7.3.7 RPM 1800 7.3.8 Rated Voltage 4160 3 Phase 7.3.9 Generator Type SR413 7.3.10 Generator serial number 2FN01095 7.3.11 Generator KVA 1562 7.3.12 P.F. — 0.8 7.3.13 Frame 695 7.3.14 Rated amps — 216 7.4 Van Mounted 17 kW Generator — Also inside V#990094 Unit #2 7.4.1 Olympian Model #D17LH1S 7.4.2 Serial #093735/04 7.4.3 Frame LB1012J 7.4.4 Rated Voltage 240/120 1 phase 7.4.5 Rated Current 70.8 Amps 7.4.6 Rated RPM 3600 7.5 Van Mounted 1250 kW Generator — V#990095 Unit #3 7.5.1 Caterpillar Model #3512GS 7.5.2 Engine serial # 24ZO9060 7.5.3 Arrangement number 7C5185 7.5.4 Spec. #OT6106 7.5.5 Horsepower 1800 7.5.6 Kilowatt 1250 ITB#05-004-BM.doc 20 7.10.8 60 Hz 7.10.9 Excitation volts: 27 7.10.10 RPM 1800 7.10.11 Engine Model 3306 7.10.12 Engine Serial Number 66D31422 7.10.13 Arrangement 7N3380 7.10.14 Horsepower 227 7.11 Onan Generator V#910154 Located at 4404 Brownfield Highway 7.11.1 Onan Model #100GDBL3311A 7.11.2 Serial Number L88194011 7.11.3 RPM 1800 7.11.4 Volts 480 3 Phase 7.11.5 KW 100 7.11.6 KVA 125.0 7.11.7 Cummins Diesel Engine Model #6BT-5.9 7.11.8 Engine Serial Number 44321956 7.11.9 Stationary Mounted 7.12 Stewart & Stevenson Generator Located at 9717 Ave. P 7.12.1 Model #G415JAY-002 7.12.2 Serial #AH -22633 7.12.3 KW 100 7.12.4 KVA 125 7.12.5 480 Volt 3 Phase 7.12.6 60 Hz 7.12.7 Amps 150 7.12.8 Frame 150 7.12.9 Control #157026 7.13 Multiquip Portable Generator Unit #1 7.13.1 Model DCA -8555K 7.13.2 Serial # 3609787 7.13.3 KW 85 7.13.4 Volts 240 3 Phase 7.13.5 Komatsu Engine Model # 56D95L. 7.14 Multiquip Portable Generator Unit #2 7.14.1 Model DCA -8555K 7.14.2 Serial # 3645207 7.14.3 KW 85 7.14.4 Volts 240 3 Phase 7.14.5 Komatsu Engine Model # 56D95L. 7.15 Onan Stationary Generator — Located at the Dechlorination Station for the Southeast Water Reclamation Plant 7.15.1 Onan Model Number GGHE-5635611 7.15.2 Serial Number K030569492 7.15.3 Cummins LP Fuel Engine 7.15.4 KW 60 7.15.5 Volts 277/480 3 Phase 7.15.6 60, Hz. 7.15.7 KVA 75 7.15.8 Rotating Speed 1800 RPM 7.15.9 Power Factor 0.8 7.15.10 Rated Amps 90.2 ITB#05-004-BM.doc 22 CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) REMARKS: Company Name: Address: City: State: Zip Contact Name: Title: Business Telephone Number FAX: Internet Address: Company's Internet Web Page URL: ITB#05-004-BM.doc 24 CITY OF LUBBOCK SAMPLE CONTRACT FOR SERVICES For Generator Maintenance Service Contract Bid No. 05 -004 -BM THIS CONTRACT, made and entered into this day of , 2005, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and , ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for received and duty opened as required by law; and and bids were WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said 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: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the specifically referred to as Item(s) No. and more particularly described in 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. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. 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. 5. 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: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence Owner's and Contractor's Protective Liability: General Aggregate $1,000,000 ITB#05.004•BM.doc 26