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HomeMy WebLinkAboutResolution - 2015-R0352 - Contract - KW Sharp Inc - Flow Meter Replacement - 10/22/2015No. 2015-RO352 No. 6.11 ber 22, 2015 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. 12467 for Flow Meter and Replacement, by and between the City of Lubbock and KW Sharp, Inc., 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 October 22. 2015 '00�O/ Q;Xb(C.'1t0BERTSON, MAYOR ATTEST: Reb tcca Garza, City Secret APPROVED AS 10 CONTENT: P. E., Dtrec or of Public Works APPROVED AS TO FORM: RES.Contract-KW Sharp, Inc. 9.11.15 Resolution No. 2015-RO352 City of Lubbock, TX Flow Meter Repair and Replacement Service Agreement Contract 12467 This Service Agreement (this "Agreement") is entered into as of the 22"d day of October, 2015 ("Effective Date") by and between KW Sharp. Inc., (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 15 -12467 -TF, Flow Meter Repair and Replacement. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Flow Meter Repair and Replacement, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor aglee as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — Statement of Work 3. Exhibit B — Price Sheet 4. Exhibit C — Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, and C attached hereto. Article 1 Services 1.1 The contract term shall be for an initial one year period, said date of term beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for four additional one year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. The scope of work shall remain the same but may include any additional equipment that may have been added by the City of Lubbock. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 1.2 The vendor shall be actively engaged in repair service and supply of new flow meters manufactured by Water Specialties and McCrometer. 1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor 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 Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date CITY OF LUBBOCK, TX: Glen . Robe on, Mayor �ST: Reb xa Garza, City Secretary APPRO 'D AS TO CONTEN : Aubrey A. Spear, P.ii4birector &Water Utilities APPROVED A&TO FORM: Amy CONTRACTO t✓ 5 L-<� Contractor's Sfignature & I S �,A VG� mso 1J Printed Name /i— Title EXHIBIT A City of Lubbock, TX RFP 15 -12467 -TF Flow Meter Repair and Replacement Statement of Work 1. INTRODUCTION The City of Lubbock is issuing this Request for Proposal (RFP) under the guidelines of a High - Technology RFP, and the award of the contract shall be made to the responsible vendor whose proposal is determined to be the best evaluated offer resulting from taking into consideration the relative importance of the evaluation factors set forth in the request for proposal and/or negotiation. Receipt of any proposal shall under no circumstance obligate the City of Lubbock to accept the best price offering. 1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from interested funis and individuals, (hereinafter called 'Proposer") to provide Flow Meter Repair and Replacement. 1.2 Offerors are invited to submit demonstrated competence and qualifications of their fum for providing these services. 1.3 The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 PROJECT DESCRIPTION 2.1 The City of Lubbock owns and operates approximately 176 public water supply wells in Lamb and Bailey Counties. These wells are equipped with flow meter devices that provide flow rates in gallons per minute as well as a total flow accumulator. 3 SCOPE OF WORK 3.1 Defective flow meters will be removed from service by City of Lubbock staff and delivered or shipped to the offeror for repair. No on-site repairs will be performed under the provisions of this contract. 3.2 Offeror shall disassemble and completely rebuild the unit to original "like new" factory specifications. 3.3 The flow meters that will be repaired during the term of this contract are equipped with a 4-20 mA output that can be field connected to a PLC input register for the purpose of monitoring water flow on the City of Lubbock SCADA system. However, there may be some units that currently are not equipped with the 4-20 mA output feature. Offeror shall prepare a separate cost proposal to add this feature to those flow meters that are not so equipped. 3.4 The sizes of flow meters in use by the City of Lubbock water wellfield: 2", 4" and 6". 3.5 Flow meters will be delivered or shipped to the offeror for repair on an "as needed" basis. 3.6 Offeror shall perform all services in a timely manner to minimize the time in which the meters are out of service. 3.7 All intemal parts shall be new and conform to original factory specifications. Exterior housing shall be cleaned and shall perform as new. All completed repairs shall be warranted against defect for a period of one year. 3.8 Meters that are beyond repair shall be recommended for replacement with a new meter of like size, flow range, and construction. Any new meters shall be equipped with a 4-20 mA output 10 capability. Replacement costs shall be submitted to the owner's representative for approval before new unit(s) is ordered. 4 CONTRACT TERM 4.1 The contract term shall be for an initial one (1) year period, said date of tern beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for four (4) additional one (1) year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. The scope of work shall remain the same but may include any additional equipment that may have been added by the City of Lubbock. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4.2 The vendor shall be actively engaged in repair service and supply of new flow meters manufactured by Water Specialties and McCrometer. EVALUATION CRITERIA Instructions: When preparing proposals, reply to each of the following proposal content and evaluation criteria in the order listed. Please restate each numbered point listed below followed by your response in full, narrative sentences and provide any requested materials. I. ABILITY TO PROVIDE SERVICE & FINANCIAL STABILITY (30%) A. A general overview and history of your company, number of years in business, number of employees, corporate headquarters location, type of business, names of the firm's chief officers, and where you do business. B. Identify proposed staff members who would be involved in providing the services requested herein and submit statements or resumes detailing their qualifications. The appointed representative shall be responsible for, but not limited to, the following services: correct pricing, back -order control, invoice and voucher procedures, delivery, and in general to provided functions as necessary to ensure that the account will be maintained in a condition which will expedite ordering, deliveries, and allow the City of Lubbock to promptly pay all invoices as due. C. Minimum (3) three business references. II. PROPOSED APPROACH TO PROJECT (20%) A. A statement of your understanding of the project and a general description of your proposed approach to project scope of services. B. Furnish copies of all forms that you anticipate using to record the flow meter repair and replacement process. C. Describe your customer service and complaint resolution policies and practices. M. COMPLIANCE WITH SPECIFICATIONS (30%) A. Offeror shall not be merely limited to items as shown in scope of work, but rather encouraged to recommend other services, products, methods, etc. as he/she feels would enhance the overall approach to the project both with respect to effectiveness and efficiency. IV. PRICE (20%) A. Each Proposer must complete, and submit with their proposal, their pricing schedule attached hereto as Exhibit "A". B. Proposed prices must include all costs associated with the performance of the services specified, including materials, supervision, labor, insurance, transportation, delivery, fuel or other surcharges, demurrage, and related costs. Charges not listed in the RFP response will not be allowed 6 PROPOSAL FORMAT A) Proposals should provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. B) The proposal should be bound in a single volume where practical (Notebook preferred). All documentation submitted with the proposal should be bound in that single volume. C) If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal. D) The proposal must be organized into the following response item sections and submitted in an indexed binder. 1) Cover letter addressed to the Honorable Mayor and City Council that states the Proposer understands of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. Il) ABILITY TO PROVIDE SERVICE & FINANCIAL STABILITY (30 %) III) PROPOSED APPROACH TO PROJECT (20 %) IV) COMPLIANCE WITH SPECIFICATIONS (30 %) V) PRICE (20%) 12 0cvtciumi J, LV IJ City of Lubbock, TX EXHIBIT B RFP 15 -12467 -TF Flow Meter Repair and Replacement BEST AND FINAL OFFER PRICE SHEET Date: Authorized Signature: Print/Type Name: g Title: S �S S QTY ITEM DESCRIPTION (More or U/M UNIT COST' EXTENDED COST DELIVERY Dan ARO -- Repair 2" flow meters without 4-20 mAoutputasspecifiedherein. 1 EA 00 I/-� (J Bp �/©9 1 (Y bb "ted 2. Repair 2" flow meters with 4-20 mA output as specified herein. 1 EA } � 4'�) � °S 3. Repair 4" flow meters without 4-20 mA output as specified herein. I EA 4. Repair 4" flow meters with 4-20 mA 8 E? output as specified herein. D 5. Repair 6" flow meters without 4-20 MA output as specified herein I EA /Y% j 6/ oo �� 1{,131 Bim" u a'3W 6. Repair 6" flow meters with 4-20 mA output as specified herein 2 7. Add 4-20 mA output features to rebuilt flow meters as specified herein. 2 8. New 2" flow meter to include 4-20 mA2 output as specified herein. rEA4—'0-_' 9. New 4" flow meter to include 4-20 IDAoutput as specified herein. I 10. New 6" flow meter to include 4-20 mA as specified herein.3� 1 ��output Wen.Overa s Date: Authorized Signature: Print/Type Name: g Title: S �S S EXHIBIT C City of Lubbock, TX RFP 15 -12467 -TF Flow Meter Repair and Replacement III. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate 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): TYPE AMOUNT 1. Worker's Compensation - Not Required 2. Commercial General (public) Liability insurance including coverage for the following: a. Products/completed operations AGG Combined single limit for b. Personal injury bodily injury and property c. Advertising injury damage of $1,000,000 per d. Contractual liability occurrence or its equivalent. 3. Comprehensive Automobile Liability insurance —Not Required The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. 14 REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13ie Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 15