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HomeMy WebLinkAboutResolution - 2014-R0134 - Contract - Tim Johns Heating & Air Conditioning - Minor HVAC Repair Services - 04/10/2014RESOLUTION 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. 11681 for minor repair services -Section II HVAC Services per ITB 14 -11681 -MA, by and between the City of Lubbock and Tim Johns Heating & Air Conditioning, 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 GL�'ROAfRTSON, MAYOR ATTEST: Rehkcca Garza, City S APPROVED AS TO CONTENT: Pamela Moon, Executive Director of Finance APPROVED AS TO FORM: Z Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Tim Johns HAC March 12, 2014 CONTRACT 11681 CITY OF LUBBOCK, TX Minor Repair Service Contracts THIS CONTRACT made and entered into this day of , 2014, by and between the City Lubbock ("City"), and Tim Johns Heating and Air Conditioning of Lubbock, Texas ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Minor Repair Service Contracts 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 Minor Repair Service Contracts. 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, Minor Repair Service Contracts and more specifically referred to as Section II —HVAC Services on the Bid Form submitted by the Contractor and General Requirements 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 general requirements, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and General Requirements 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 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. 5. Contractor shall at all times be an independent contractor and not an agent or representative of the 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 $1,000,000 General Liability Commercial General Liability General Aggregate Products — Comp/OP AGG Personal & Adv. Injury 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 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- 11681 -MA, Bid Form and General Requirements. 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 OC Glener on, Mayor ATTEST: eb cca Garza, City Secreta y APP D AS TO CONTENT: Marta Alvarez, ire for of Purchasing & Contract Management APPROYEDOAS TO Assistant City Attorney CONTRACTOR BY Authorized Represe tative Print Name 7) Address L 6424z k/ , City, State, Zip Code Vendor's Signature Company's Name BID FORM Minor Repair Service Contracts City of Lubbock, Texas ITB 14 -11681 -MA Section II – HVAC Services ITB 14-11681-MA,Minor Repair Service Contracts Originp 12— Item Description Est. Hourly Total Price Number of Rate Hours 1 Technician/Installer – Regular Hours Regular (8-5) 200 ►�D 2 Technician After Hours/Holiday s 50 2S 3 Technician – Emergency 50 \OC� 2S _�2,•!5 ` 5 4 Apprentice– Regular Hours 50 3� -5, 2' I 5 Apprentice– After Hour /Holidays 6 Apprentice– Emergency 50 7 Material/Parts – Percentage of markup on estimated $15,000 parts/material based on actual cost to contractor._ % Markup. If no markup is intende write the word "None" in the space provided. $15,000 x % markup equals $15,000 + Grand Total of Section II – HVAC Services (Items 1-7) $ For reimbursement of rental of equipment, prior approval must be authorized by the City Department representative. If applicable: ko % markup. A copy of the receipt for the rental of the equipment must be attached to the invoice. Will you comply? Yes ;<No 0 Materials are to be quoted on a cost-plus basis; percentage of markup to be based on net cost to Contractor, allowing for full credit for trade and/or cash discounts to the, prior approval mut be authorized by City Department representative. Use Attachment A for approval. Will you comply? Yes No 0 Did you meet the requirement to submit a copy of your state license with your bid? Yes A No 0 Do you have a local service shop? Yes Y No 11 Q:PurchaseBid Docs/ITB 14 -11681 -MA, Minor Repair Service Contracts 7 50 City of Lubbock, Texas ITB 14 -11681 -MA Minor Repair Service Contracts General Requirements Intent - The purpose of this bid is to provide the City of Lubbock with qualified contractors to perform minor repairs for the following services: Roofing, HVAC, Electrical, Plumbing and Fence Repair. The bidder hereby agree to furnish all labor, materials, and supplies and to provide the service in accordance with the bid document. This bid is broken down into four sections: Section I for Roofing Services; Section II for HVAC Services Section III for Electrical; and Section IV for Plumbing Services and Section V for Fence Repair Services. Multiple Award — The City may award up to three vendors (primary, secondary, tertiary), as available, by services. The City will endeavor to utilize vendors in order of award, however, the City may utilize any contract awarded that is in the best interest of the City to do so regardless of reason. Estimates - The City reserves the right to secure pricing prior to commencement of work and solicit competitive bidding, if in the opinion of the City; pricing received is determined to be unreasonable compared to industry standards. - Repairs and New Installations Firm Quotes - The City will request price quotes for new installation and repair projects. These quotes shall be firm pricing and are not to exceed the specified amount quoted for any specific project unless the scope of the project changes and the change order(s) are approved in writing by the respective City department. Prior to the City issuing a notice to proceed, Contractor shall provide the City with a written proposal detailing the scope of services and providing the cost for the proposed work. These quotes must utilize the contracted labor rates and contracted materials cost plus markup in order to utilize this contract. The omission, within a bid submittal, of specific reference to any equipment, materials, or labor necessary for performance of contract per specifications, shall not relieve contractor of responsibility for furnishing such equipment, materials or labor. The Contractor shall assign only the necessary personnel to complete the required work. The City Department representative reserves the right to question and audit the number of personnel assigned to a particular job and the number of hours that are being billed. At the time the work order is issued, Contractor must inform the requesting City Department representative of the approximate start -time and estimated job completion time. Contractor must handle any call-backs at no additional charges unless charges are authorized by the requesting City Department representative. Contractor's work must be completed to the satisfaction of the using department. Payment may be withheld until work is done in a satisfactory manner. Tools/Equipment - All tools and equipment necessary to perform contract work shall be provided by the Contractor. Equipment Rental/Lease - No separate charges shall be allowed for rental/lease of equipment unless specifically approved by the City Department representative. Scheduling/Response Time - The Contractor will be required to give free written job estimates for specific projects within one (1) work day upon request. On an emergency basis, the Contractor shall respond within a maximum of two (2) hours to arrange a same-day inspection and provide a written estimate. Upon receipt of the Notice to Proceed, completion of repairs to remedy the emergency situation must be completed within 24-72 hours. The definition of an emergency is as follows: An emergency is a situation or condition that occurred without warning within two (2) weeks, is detrimental to life, health or safety and requires immediate action. Immediate action is defined as 24-72 hours. Contractor must provide a mobile phone, pager, or answering service so that the City has a 24- hour a day access to the Contractor. Permits — All work shall comply with all applicable state and local codes and ordinances, as well as any other authorities that may have lawful jurisdiction pertaining to the work specified. The contractor shall procure all necessary permits or licenses to carry out his work, and shall pay any applicable fees for permits or inspections. There is no charge for City permits for services being performed on City property. Licenses/Certifications — Current State licenses/Certifications must be provided with bid. Similar Experience — Bidder shall demonstrate previous experience in regard to the requirements of this solicitation for a period of no less than (5) years. Term of Contract -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 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. References - Bidder shall submit with the bid, the name, address, telephone number and point of contact of at least three companies, for which the bidder has provided commercial services within the preceding 12 months. Contact Person - The Contractor shall designate one of its employees to function in the role of primary contact person. The contact person shall be the liaison for the Contractor for the term of the agreement, and shall handle issues, problems, or questions arising from the performance of services. Warranties - All work shall be guaranteed a minimum of thirty (30) days after final acceptance by the department of any of the services, including any and all installations, repairs, additions, components or parts thereof; • The City will use its best efforts to notify the Contractor during the warranty period if any repair or installation is not in good working order; • For new installations, Contractor shall provide full manufactures warranty to the City. • The Contractor shall provide and bear the cost of all labor, material, cost of transportation, and insurance required to meet its obligations under this warranty; • The Contractor shall either repair or replace at the City's sole option any installation, equipment, or component part not in good working order, at no additional cost to the City; City of Lubbock, Texas ITB 14 -11681 -MA Minor Repair Service Contracts Additional Requirements Labor - Based on contracted hourly rate, time invoiced shall be for actual time worked subject to verification/documentation approved by the City Department. Contractor may not exceed contracted hourly rate. Should after hours/holiday hours be necessary or indicated, it shall be performed only after obtaining specific authorization from the respective City Department. Unauthorized after hours/holiday pay will not be paid. Materials — Materials are to be quoted on a cost-plus basis; percentage of markup to be based on net cost to Contractor, allowing for full credit for trade and/or cash discounts to the City. On any single item in which the cost equals or exceeds $100.00, a copy of the supplier's invoice — which must be dated and marked paid - shall be submitted as an attachment to the Contractor's invoice. All other invoices for less amounts must be retained, by the Contractor, for at least the warranty period, for City inspection upon written request. Copies of invoices for less than $100.00 shall be supplied to the City Department representative when requested for any reason, within ten calendar days of the request. No Additional Charges Allowed - No charges, such as miscellaneous charges, environmental charges,fees, etc. will be paid by the City of if not listed in your bid response. However, charges imposed by the State of Texas or Federal Government after the bid award will be honored. Any additional charges listed in your bid response will be taken in consideration as part of the award evaluation. Travel Time: The City will not compensate the contractor for travel or time between job sites. Disposal of Refuse - Contractor shall clean the site and dispose of all refuse at a Texas Commission on Environmental Quality (TCEQ) approved.