HomeMy WebLinkAboutResolution - 2014-R0132 - Contract - West Texas Door And Construction - Garage Door Repair - 04/10/2014Resolution No. 2014-R0132
April 10, 2014
Item No. 5.12
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. 11829 for garage door repair services for
various departments, by and between the City of Lubbock and West Texas Door and
Construction, 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 April 10, 2014
ATTEST:
AS TO CONTENT:
Moon, Executive Director of Finance
.OVED AS TO FORM:
Weaver, Assistant City Attorney
oes/RES.Contract-West Texas Door
12, 2014
Resolution No. 2014-RO132
CONTRACT NO. 11829
CITY OF LUBBOCK, TX
Garage Door Repair Services for Various Departments
THIS CONTRACT made and entered into this 27'x' day of March, 2014, by and between the City of
Lubbock ("City"), and West Texas Door and Construction, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Garage Door Repair Services for
Various Departments 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 Garage Door Repair Services for Various Departments .
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 are attached hereto
and made part hereof, Contractor will deliver to the City, Garage Door Repair Services for
Various Departments and more specifically referred to as per Exhibit A on 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.
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. 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) for the specific contract for the previous 12 -months. The City
does not guarantee any specific amount of compensation, volume, minimum or maximum amount
of services under this contract.
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
the reason for cancellation. The City of Lubbock reserves the right to award the canceled
contract to the next lowest and best bidder as it deems to be in the best interest of the city.
S. 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 500,000
Commercial General Liability
General Aggregate
Products-Comp/OP AGG
Personal & Adv. Injury
Contractual Liability
Products of Complete Operation
Endorsements
Automotive Liability 500,000
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 General Liability, with a waiver of subrogation in favor of the City of Lubbock on all
coverages. All copies of the Certificates of Insurance shall reference the project name or bid
number for which the insurance is being supplied. 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.
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. 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 nonappropriation of
funds by 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. This Contract consists of the following documents set forth herein; Invitation to Bid No.
14 -11741 -DG 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 CQKRACTOR
B
Glen : Robertson, Mayor A t rued Representative
ATTEST: Print ame
Reb cca Garza, City Secr r Address
ED AST CONTENT: City, State, Zip Code
arta Xh are , D ector of Purchasing &
Contract ManageMent
APP O AS FORM:
Assistant City Attorney
City of Lubbock, TX
ITB 14 -11741 -DG
West Texas Door and Construction., Lubbock, Tx
Exhibit A
Hourly Labor
Garage Door Repairs for Various Departments Rate
1 Regular Labor Rate $ 49
Emergency Labor Rate 69
City of Lubbock, TX
Purchasing and Contract Management
Bid Tabulation
March 27, 2014
ITB 14 -11741 -DG
Garage Door Repairs for Various Departments
Item Qty U/M Description/Vendor
Location
Hourly Rate
Extended Cost
1 1 HR Regular Labor Rate
West Texas Door
Lubbock, TX
49
$ 49
Overhead Door Lubbock
Lubbock, TX
90
90
Brem Inc., dba Action Door
Lubbock, TX
100
100
2 1 HR Emergency Labor Rate
West Texas Door
Lubbock, TX
69
69
Brem Inc., dba Action Door
Lubbock, TX
150
150
Overhead Door Lubbock
Lubbock, TX
180
180
Bid Form
Garage Door Repair Services for Various Departments
City of Lubbock, Texas
ITR 14 -11741 -DG
In compliance with the Invitation to Bid 14 -11741 -DG, 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, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. The Invitation to Bid 14 -11741 -DG is by reference incorporated in this contract. The Bid Form
must be completed in blue or black Ink or by typewriter.
1. What is your labor rate per hour for a repair/service call?
(Billed in increments offull, half and'/. hours)
$ _`� per hour
2. Is there an associated service fee? If s o, what is the service fee
charge? NookService
Fee S
3. What is your labor rate per hour for an emergency call?
�n
(Billed in increments of full, half and V, hours)
$ (JR00 per hour
4. Is there an associated emergency service fee? If so, what is the
service fee charge? Ab
Service Fee $
5. Is a mileage charge included in the bid price? 130 ,,1
If NAI
not, what is your mileage fee? , 501, I w�ik Y L JW_
$____e� per mile
rrua,c; r.u.n. uesnnanon, rrelgnr rre-rain amu Allowed - "Days Atter Receipt orOrder (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 Garage Door Repair Services for Various Departments 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 derision 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 _tZ_%, net L0calendar 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 We 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.
Q:Purchne/Bid Doc&M 14.11741 -DG, Gavage Door Repair Savices for Varian Departments
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 Texas
Municipal Power Agency, Lynn County, and City of WolRorth.
YES_V NO
• If you (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 materials/services 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 BYNIgT.Ryx Dxe ,lorporation organized under the laws of the State of
TMS , or a partnership consisting of or individual trading as
tra We. DOOR Wx{►llillp a of the City of IAAb1DQCV
Bidder acknowledges receipt of the following addenda:
Addenda No. Addenda No. Addenda No. Addenda No. _
Date Date Date Date
Officer Name and Title:( J ll,� G yo
Please Print _
Business Telephone Number J / I — U FAX:
E-mail Address:� 1 [ (l (�{ INKS . t"&
FOR CITY USE ONLY
Bid Form item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over 550.000): Date P.OJContract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUNIBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
Q:PurehudBid Doc&M 14.11741•DG. Garage Door Repair Scrvicea for Various Departments
5