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HomeMy WebLinkAboutResolution - 2016-R0041 - Built For Dreams, Inc. - 01/28/2016Resolution No. 2016-R0041 No. 5.21 28, 2016 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. 12665 for office furniture, by and between the City of Lubbock and Built for Dreams, Inc., 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 January 28, 2016 GLA t. ROBERTSON, MAYOR ATTEST: 00,� , , �-k - Rebeca Garza, City Secretary APPROVED AS TO CONTENT: City Manager RES.Contract-12665-Built for Dreams, Inc 1.12.16 Resolution No. 2016-R0041 City of Lubbock, TX Contract For Office Furniture ITB 16 -12563 -KK Contract 12665 THIS CONTRACT made and entered into this 28th day of January, 2016, by and between the City of Lubbock ("City"), and Built for Dreams. Inc.. ("Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for Office Furniture 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 Office Furniture. 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 Office Furniture specifically referred to as "Exhibit A" and more particularly described on the Bid Form submitted by the Contractor or in the specifications attached herein. 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 four, one year extensions, said date of term beginning upon formal approval. 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. 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 Pe reason for cancellation. The City of Lubbock reserves the right to award the canceled contract t the next lowest and best bidder as it deems to be in the best interest of the city. 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 $1,000,000 Commercial General Liability General Aggregate Automotive Liability $1,000,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non -Contributory basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. 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. To include Products of Completed Operations endorsement. 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. 8. 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. Non -Appropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by City of Lubbock Purchasing & Contract Management Office Furniture ITB 16 -12563 -KK 1. SCOPE It is the intent of these specifications to describe the minimum requirements for office furniture in sufficient detail to secure comparable bids. All products purchased under this contract shall be new and free of defects. Products that are classified as prototype or discontinued models are not acceptable. All parts and accessories catalogued as standard shall be included as part of this specification and shall conform in strength and quality of material and workmanship to what is usually provided to the trade in general. The furniture shall be under standard production by the manufacturer. Discount shall be stated off manufacture's retail price (MRP). The Price List and Manufacturer Furniture website must be attached and submitted with the bid. Orders will be placed on an as -needed basis. 2. DELIVERY AND INSTALLATION 2.1 Cost of inside delivery and installation shall be included with discounts to any City of Lubbock Office as directed by the City Purchasing Department at time of order. 2.2 Delivery shall be made within six (6) weeks from receipt of order during normal working hours only, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City designated holidays. (See Exhibit A — Ship To Locations and B — City Holidays). 2.3 All items shall be ready for use upon delivery and shall include complete assembly, set-up, and installation. Vendor shall quote a premium percentage for three (3) day delivery on items available in the local area if requested on purchase order. 2.4 Successful bidder must notify the Purchasing Department in writing at the time of order if order cannot be delivered within the six-week time frame. Consistent failure of vendor to meet delivery requirements without valid reason may cause removal of contract. 2.5 All delivery tickets shall reference the City of Lubbock purchase order number and the department to which order is charged, as directed by the Purchasing Department. Each delivery ticket shall be consistent with the purchase order and show all items placed on order, items delivered and items back- ordered. All back -ordered items shall be considered as "on order" unless deleted by the Purchasing Department. Successful vendor will keep the Purchasing Department informed in writing of expected delivery dates of back -ordered items. 3. BIDDERS RESPONSIBILITY 3.1 It shall be the responsibility of the supplier to see that all material delivered meets these requirements. Material which is found not to meet all of the requirements shall be removed by the supplier and replaced with acceptable materials, even though the deficient material has been delivered and accepted by City of Lubbock. 3.2 Each bidder shall be held to have examined the areas and premises under consideration and confirm he/she fully understands these specifications and the City's needs and satisfies himself/herself that he/she is cognizant of all factors relating to requirements contained in these specifications. 3.3 References shall be included with the bid. Three current customers with a comparable purchase shall be listed with complete name, address, telephone number and contact person. 3.4 Bids must be submitted on the Bid Form and the bidder shall return the entire bid/specification package which will constitute a contract equally binding between the bidder and City of Lubbock if accepted by the City Council of City of Lubbock, Texas. 3.5 It is the Contractor's responsibility to provide the City with up-to-date price lists and catalogs (electronic is preferred), and any necessary brochures, finish samples, fabric samples, seating samples or related materials at no charge during the entire contract period including renewals thereof. 4. CONTRACTTERM 4.1 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. 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. 4.2 It shall be the vendors' responsibility to provide updated insurance as contract renews. 4.3 This contract shall remain in effect until the expiration date, performance of services ordered, or termination 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 highest percentage and best bidder as it deems to be in the best interest of the city. 4.4 City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. City of Lubbock reserves the right to terminate the contract immediately in the event the successful bidder fails to: 1. Meet schedules; 2. Defaults in the payment of any fees; or 3. Otherwise perform in accordance with these specifications 4.5 Continuing non-performance of the bidder in terms of specifications shall be basis for the termination of the contract by the City. The City shall not pay for work, equipment or supplies which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This however, shall in no way be construed as negating the basis for termination for non- performance. 5. DISCOUNTS & INCREASES 5.1 All discounts shall remain firm against any decrease during the entire contract period including renewals thereof. In the event of any increase in the discount offered by the manufacturer, the City shall be notified promptly, within 30 days, and receive such increase. In the event of any decrease in list prices by the manufacturer, the City shall be notified promptly, within 30 days, and receive such decrease. 5.2 Contractor's responsibility to notify the City in advance of any anticipated price changes by the manufacturer. Requests for list price increases must be accompanied by bona -fide manufacturer's documentation reflecting the change. Increases shall be limited to the actual cost increase to the manufacturer. The City reserves the right to accept or reject the request for price increase. 6. BID AWARD 6.1 All bids meeting the intent of this Invitation to Bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. City of Lubbock City Council reserves the right to accept any and all or none of the exception(s) / substitutions(s) deemed to be in the best interest of the City. 6.2 The bid analysis will include compliance to bid specifications, past performance with vendor, references, delivery time, representative response time, and the overall cost to City of Lubbock. City of Lubbock reserves the right to consider deviations from these specifications 6.3 Items supplied under this contract shall be subject to the City's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to the City. If item is not picked up within one (I) week after notification, the item will become a donation to the City for disposition. 6.4 It is expressly understood and agreed that in case City of Lubbock should need any item(s) not available within the time frame needed from the successful vendor during the term of this Contract, City of Lubbock reserves the right to purchase these items from other than the successful vendor and shall not be in violation of any terms or conditions of said Contract. Further, City of Lubbock reserves the right to seek another vendor if, at any time, vendor's prices do not conform to public pricing. 6.5 Orders will be placed on an as -needed basis. Delivery locations and products are subject to change during the term of the contract. On-line and credit card orders will receive the same discounts as purchase orders. 6.6 Funds for payment have been provided through the City of Lubbock budget approved by the City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current City of Lubbock fiscal year shall be subject to budget approval. 6.7 City of Lubbock reserves the right to return any item. No re -stocking fees will be charged to City of Lubbock regardless of the circumstances. EXCEPTIONS TO THE CONTRACT Not all items cataloged by the successful bidders will be purchased under the ensuing contract. Some office furniture, modular furniture, and file cabinets purchases will be made from other sources as allowed by law or regulation, for example, purchases from state contract vendors, Texas Industries for the Blind and Handicapped (TIBH) or Texas Correctional Industries (TCI). However, this provision shall not be used to circumvent the intent of the contract. BID FORM Office Furniture City of Lubbock, Texas ITB No. 16 -12563 -KK In compliance with the Invitation to Bid 16 -12563 -KK, 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. The Invitation to Bid 16 -12563 -KK is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION MANUFACTURER DISCOUNTOFF PRICE LIST DELIVERY DAYS ARO** I. System Furniture Naw0r4h .Om z S 457. 20 - 4 2 1.1 System Furniture p 4V 2e N - 111 1.2 System Fumiture 0iyl J 557, 14Z$ 1.3 System Furniture tr�D V 507o 2. Casegoods Furniture c c 407o 2.1 Casegoods Furniture 070 -15 2.2 Casegoods Furniture 48 1, Z5 "42 2.3 Casegoods Furniture OFD 459, 1 - 2 3. Seating V11d ed chcur 431, ZB "42 3.1 Seating SH . O _ 14 4&71 14 - 28 3? Seating ffu&1f&h 40g, 14- 2g 3.3 Seating WD 'I 150 q, 2-42 4. Files, Filing Systems, Storage Cabinets and ShelvingNwortki ��qq 4U q0 ZB - 42 4.1 Files, Filing Systems, Storage Cabinets and Shelvine aIvl6t Q Y7i 45 ,1 4.2 Files, Filing Systems, Storage Cabinets and Shelving HVN 50 O0 14 2S 4.3 Files, Filing Systems, Storage Cabinets and Shelving Phoenix fh 4570 'I 6 5. Folding Tables, Customer Chairs and otherDr Misc. Furniture VF (J 50 °70 1C1 ' Z 5.1 Folding Tables, Customer Chairs and other1� Ylisc. Furniture �I fo 70 14 - 28 5.2 Folding Tables, Customer Chairs and other Misc. Furniture L51 L 40 yru 114-20 � g 5.3 Folding Tables, Customer Chairs and other Misc. Furniture 1't Gl Irk �I A ! /Y NO .�I G� / To list additional manufacturers, please use Attachment A - Bid Form Extension Sheet. The Price List and Manufacturer Furniture website must be attached and submitted with the bid. Oiddem Nume: f7u1 fl -pw pmms BID FORM EXTENSION ITB No. 16 -12563 -KK ATTACHMENT A ITEM DESCRIPTION MANUFACTURER DISCOUNTOFF PRICE LIST DELIVERY DAYS ARO** I- S st Ftcrn.iturc OR 000 s o� 0 5t 14 1-5 S s trns Eurnift4re Oroq LQcassr, 4,5qo 28 -,41- 4234 -34 mHmq OR) 5o ?0 14 - 28 4.4 Files 2"e, 5helvirl Fire- Kiri 40'70 Exceptions/Items not covered from Manufacturer's Product Line Q vtrx-Uw/r Minimum Percentage Discount for all other Manufacturers not specifically bid✓� 40 7Q�'� �'��Q, Fuel Surcharge (attach summary if not Bat charge)$ _ 01/0 Additional Charges and/or Exceptions (Attach a separate summary sheet if necessary) *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 Office Furniture 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 0 °-o, net Qcalendar 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? 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 Governments, City of Texarkana, Texas Tech University, West Teras ,Municipal Power Agency, Lynn County, a d City orW�o�lfrrorth. YES NO_ OecT�c�ccc�,�t„�/id yam' /+e • Ifyou (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materialstservices under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that 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 //1TOr 21.2 CGS ah rperation organized under the laws of the State of , I ,or a partnership consisting of A114}' or individual trading as Nlh ofthe Cityof L666C u City: L1tJnV4y ,([. Bidder acknowledges receipt of the following addenda: Addenda No. Date_L�_q„_�`� Addenda No. Date _ Addenda No. Date Addenda No. Date NI/WBE Finn:l X I Woman State: Zi Black American 1 1 Nve American Asian Pacific Americ Oatither (SoeciN) By—dj'A& &QtI Date: I/ IO•I� Juthori-ed Representatim - m 11 si r/ I handdY Officer Name and Title: 6/i5ha ��r2a,�.r �lnegl t'Mi Please Print Q /• / . /- Business Telephone Number 1t/Oti •771. ugO(l1�� FAX: v/0�•`�'��j�/a� E-mail Address: QQi�QL"'r•�u�/77t/r�%'Pd•COn'�. [Or�//_hP!;� FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (%r bids over S50,000): Dale 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. City of Lubbock, TX the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. Non -Arbitration: 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. 12. Assigning or Subletting the Contract: 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 on insurance from the Subcontractor that complies with all contract Insurance requirements. 13. This Contract consists of the following documents set forth herein; Invitation to Bid No. 16 -12563 - KK, 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 LUB OCK Glen bertso , ayor ATTEST: I eb cca Garza, City Secret ry APPROVED AS -TO CONTENT: 1.dA.(r�uv�� IYI�LIAX/IAIN✓� (JartJJAlvgffez, DiVector of Purchasing and Contract Management +u� � %aaa//� Ar r� CONTRACTOR BY Authorized Representative J/, Print Name 3(//Co Address City, State, Zip Code