HomeMy WebLinkAboutResolution - 2012-R0271 - Contract - JNI Contractors - Bus Shelter Installation - 07/12/2012Resolution No. 2012-80271
July 12, 2012
Item No. 5.21
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. 10773 for bus shelter
installation, by and between the City of Lubbock and JN 1 Contractors, 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
July 12, 2012
ROBERTSON, MAYOR
ATTEST:
Reb ca Garza, City Seer ary
APPROVED AS 'TO CONTENT:
Quincy Wh Ute City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-JN 1 Contractors
June 22, 2012
Resolution No. 2012-80271
CITY OF LUBBOCK, TX
Contract For Services
Bus Shelter Installation for Citibus
ITB 12 -10773 -DG
CONTRACT 10773
THIS CONTRACT, made and entered into this 120' day of July, 2012, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and JNI Contractors,
("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Bus Shelter Installation for Citibus
and bids were received and duly opened as required by law, and
WHEREAS, after careful consideration of the bid submitted by the Contractor, the City of Lubbock
authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the
purchase and delivery of the said, Bus Shelter Installation for Citibus.
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 install for the City, Bus Shelters, specifically
referred to as Item(s) No. 1-3 on the Bid Form 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 Contractor shall perform the work according to the procedure outlined in the specifications and.
Invitation to Bid attached hereto and incorporated herein.
4 The contract shall be for a term of one (1) year, said date of term beginning upon formal approval. The
contract may be renewed for an additional two (1) year terms under the same terms and conditions upon
written agreement from both parties.
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.
6 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,
7 This Contract includes incorporation of Federal Transit Administration (FTA) Terms. The preceding
provisions include, in part, certain Standard Terms and Conditions required by the Department of
Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All
contractual provisions required by DOT, as set forth in FTA Circular 4220. IF, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
requests which would cause Citibus to be in violation of the FTA terms and conditions.
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:
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 the 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
worker's 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 Medical and Disability Insurance in lieu of
Workers' Compensation. In either event, the policy must be endorsed to include a waiver of
subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF
LUBBOCK proof of Employers' Liability in an amount no less than $500,000.
TYPE AMOUNT
Commercial General Liability Per Occurrence: $500,000
General Aggregate
Products-Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Automotive Liability Any Auto: $500,000
Combined Single Limit
Bodily Injury (Per Person)
Bodily Injury (Per Accident)
Property Damage
Workers Compensation Statutory Amounts: $500,000
Employers' Liability
And/or
Occupational Medical & Disability
The City of Lubbock shall be named as an additional insured on a primary and non contributory
basis, with a waiver of subrogation in favor of the City on all coverage's. All copies of the
Certificates of Insurance shall reference the project name or bid number for which the insurance is
being supplied. Copies of the endorsements are required.
9 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.
10 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.
I l 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.
12. 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.
13. This Contract consists of the following documents set forth herein; Invitation to Bid 12 -10773 -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
-.40 eo5t
Gle . Robertso ayor
ATTEST:
Rebca Garza, City Secreta
APPROVED AS TO CONTENT:
Quincy Assistant City Manager
APPROVE AS Ty FORM:
Chad Weaver, Assistant City Attorney
CONTRACTOR
B y �� ZZ Cai 4,
A arized Representq e
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Print Name
Address
tefa-s
City, State, Zip Code
City of Lubbock, Texas
Purchasing and Contract Management
ITB 12 -10773 -DG- Bus Shelter Installation for Citibus
SPECIFICATIONS
I. This solicitation is an Invitation for Bid to establish an annual price contract for
Installation of Bus Shelters at various locations
No guarantee of Volume. The City of Lubbock does not guarantee any specific amount
of compensation volume, minimum or maximum. Amounts, quantities listed on the bid
form are estimates only.
The Bid item listed is for the complete installation of and any related construction work,
to include, but not limited to, assembly of new Bus Shelters, transportation of shelter to
installation site, proper and timely excavation, removal and disposal of present site
material, repair and or pour concrete pad securing and bolting pre -fabricated bus shelter
and clean up of the site area. Must meet all ADA criteria. Davis Bacon Act Labor wages
must be incorporated by contractor.
II. SCOPE OF WORK
A. INSTALLATION
1. Transportation of Bus Shelters will be from the Citibus facility located 801 Texas
Ave, Lubbock TX 79401
2. Contractor must insure that all City of Lubbock codes are adhered to.
3. Installation must meet ADA criteria see website: http://www.access-
board.gov/adaagihtml/adaag.htm#tranfac
4. The Contractor expressly undertakes, either directly or through its
subcontractor(s), to clean up frequently all refuse, rubbish, scrap material, and
debris caused by its operations, to the end that at all times the jobsite shall present
a neat, orderly, and workmanlike appearance. No such refuse, rubbish, scrap
material, and debris shall be left within the completed Work nor buried on site,
but shall be properly protected and removed from the site and properly disposed
of in a licensed landfill or otherwise as required by law or otherwise required by
the Contract.
5. The Contractor expressly undertakes, either directly or through its
subcontractor(s),before final payment, to remove all surplus material, false work,
temporary structures, and debris of every nature resulting from its operations and
to put the site in a neat orderly condition. If Contractor fails to clean up at the
completion of the Project, CITIBUS may do so and charge all the costs thereof to
the Contractor.
b. PROTECTION ON SITE.
The Contractor expressly undertakes, both directly and through its subcontractor,
to take every reasonable precaution at all times for the protection of all persons
and property which may come on the jobsite or be affected by the Contractor's
operation in connection with the Work.
7. SAFETY AND HEALTH PRECAUTIONS.
The Contractor shall be solely responsible for initiating, maintaining, and
supervising all safety and health precautions and programs in connection
with the Work, including but not limited to provision of appropriate sanitation
facilities, if applicable.
8. PROTECTING THE PUBLIC.
The Contractor shall in all cases protect the public and the Work, during its
execution, by posting and maintaining, at its expense, appropriate signs,
barricades, barriers, lights, flagmen, and other safety devices.
9. PROTECTING THE WORK AND ADJACENT PROPERTY.
The Contractor shall continuously maintain adequate protection of all its work
from damage and shall protect CITIBUS's property and the property where the
Work is being done from injury or loss arising in connection with this Contract.
The Contractor shall adequately protect adjacent property to prevent any damage
to it or its loss of use. Contractor shall provide and maintain all passageways,
guard fences, lights, and other facilities for protection required by any public
authority, local conditions, any of the persons and Contract Documents, or erected
for the fulfillment of its obligations for the protection of or erected for the
fulfillment of its obligations for the protection of persons and property.
10. EMERGENCIES.
In an emergency affecting the safety or life of persons or of the Work, or of the
adjoining property, the Contractor, without special instruction or authorization
from project manager, City Engineer, Building Code Official, or Fire Official,
shall act, at Contractor's discretion, to prevent such threatened loss or injury.
11. DAMAGE TO THE WORK.
The Contractor shall have charge of and be solely responsible for the entire Work
and be liable for all damages to the Work including, but not limited to any
property at or in the vicinity of the Work, until Contractor completes the Work
and it is approved and accepted by CITIBUS.
12. DAMAGE TO OTHER WORK OR UTILITIES.
The Contractor shall take into account all other work which shall be done by other
parties on the jobsite, either now known or which may become necessary during
the progress of the Work, and shall be responsible for any damage done to the
other work. Should any utilities require adjustment during the Work, it shall be
the Contractor's responsibility to have such utilities relocated as a part of the
Work and to contact and cooperate with the respective Utility Company in
performance of such operations. The respective Utility Company shall be given a
minimum of forty-eight (48) hours notice prior to the adjustment. Damages that
may occur to the utilities during the Work shall be the sole responsibility of the
Contractor.
13. DAMAGE TO EXISTING STRUCTURES.
Damage caused by Contractor or its subcontractors to concrete curbs, gutters,
sidewalks, or any existing facility, structure, or building that may occur during the
Work shall be repaired or replaced by the Contractor, at its sole expense, as
directed by and to the satisfaction of CITIBUS.
14. RELEASE BY CONTRACTOR.
The acceptance by the Contractor of the final payment for any requested work
shall be and does operate as a release by the Contractor of all claims by the
Contractor against CITIBUS and of all other liability of CITIBUS to the
Contractor whatever, including liability for all things done or furnished in
connection with the Work or the Contract.
15. ADDITIONAL WARRANTY.
The Contractor hereby warrants and guarantees that all of the Work, including,
but not limited to, all materials, services, workmanship, and equipment, shall be
free from any defects, deficiencies, inferior materials or equipment, and that the
workmanship shall be of the highest quality for the type of Work performed or
items supplied, and that all materials and equipment are new unless otherwise
specifically noted in the Contract. Such warranty shall be for a period of 1 year
from the date of the Contractor's final and proper completion of the Work and
acceptance of such Work by CITIBUS.
16. DEFECTIVE WORK.
The Contractor agrees it shall repair or replace, at Contractor's sole expense, and
to the satisfaction of CITIBUS, any work, material, equipment, or part that is
found, by CITIBUS, to be defective and/or not in accordance with the Contract.
17. WARRANTY EXTENSION.
In any case, where in fulfilling the requirements of the Contract or any guarantee
embraced in or required thereby, the Contractor disturbs, damages, or repairs any
work guaranteed under the Contract, it shall restore such work to a condition
satisfactory to CITIBUS and guarantee such restored work to the same extent and
for a like additional period of time as it was guaranteed under the Contract.
18. CORRECTION OF DEFECTS.
If the Contractor, after notice, fails to proceed promptly to correct any defects or
defective Work , CITIBUS may have the defects or defective Work corrected by
CITIBUS or another entity and the Contractor shall be liable for all costs and
expenses incurred in doing so.
19. RISK OF LOSS.
The Contractor shall bear the risk of loss to the Work or any part thereof
including any damages or loss from any cause of any type, loss, theft, mutilation,
vandalism, or other damage, including those caused by acts of God, prior to the
acceptance of the Work by CITIBUS.
20. OWNERSHIP OF MATERIAL AND WORK.
All materials and work covered by payments shall become the property of
CITIBUS. This provision shall not relieve the Contractor from the responsibility
for all material and to maintain all completed Work and to repair all damaged
Work. The Contractor shall not deem a payment as a waiver to complete the terms
of the Contract or shift the risk of loss from the Contractor to CITIBUS. The
Contractor warrants that it has good title to all materials, equipment, and supplies
which it uses in the Work or for which it accepts payment in whole or in part.
21. DAVIS-BACON ACT
The Contractor acknowledges and agrees that the Davis -Bacon Act, which is
incorporated herein by reference, applies to this Contract. The Contractor shall
comply with the applicable provisions of the Davis -Bacon Act.
B. REFERENCES: Supply a minimum of three references, which shall include the
name and address of the company, contact name, telephone number and type of
service provided.
C. DOCUMENTS: Bidder must submit the following forms with their bid. Failure
to do so may deem the bid non-responsive:
1. Statement of Eligibility
2. Affidavit of Non -Collusion
3. List of Similar Contracts
4. Buy America Certificate
III. TERM
The contract shall be for a term of one (1) year, said date of term beginning upon formal
approval. The contract may be renewed for an additional two (1) year terms under the
same terms and conditions upon written agreement from both parties.
IV. FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
This agreement includes incorporation of Federal Transit Administration (FTA) Terms.
The preceding provisions include, in part, certain Standard Terms and Conditions required
by the Department of Transportation (DOT), whether or not expressly set forth in the
preceding contract provisions. All contractual provisions required by DOT, as set forth in
FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of
a conflict with other provisions contained in this agreement. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any requests which
would cause Citibus to be in violation of the FTA terms and conditions.
7 f A 12-10771-R(: Ai 5 �IIF:LFEA f..\tii.1G[..� r1UN E'11R ("I TIRI'!i
City of Lubbock
Purchasing and Contract Management
BID FORM
in compliance with the Invitation to Bid 12 -10773 -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 12 -10773 -DG is by
reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
The Bid item listed below is for the complete installation and any related construction
work, to Include, but not limited to, assembly of new shelters, transportation of shelter to
installation site, proper and timely excavation, removal and disposal of present site material,
repair and or pour concrete pad , securing and bolting pre -fabricated bus shelter and clean up of
the site area. Bust meet all ADA criteria. Davis Bacon Act Labor wages must be incorporated by
contractor.
UNIT
ITEM
QTY
UOM
DESCRIPTION
PRICE
EXTENDED COST
+/-
1
14
EA
Installation of Bus Shelter per spec
S
$
new concrete ad:
2
5
EA
Installation of Sus Shelter per spec,
$
$
repair concrete pad
2 coo
3
5
EA
Installation of Bus Shelter per spec,
$� Sd�
$
concrete ad in lace already
/
Total
$
r�
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.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of — %, net I
calendar 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/serviccs of like quality and quantity; and does not include any provision for discounts to selling agents. If
at any lime 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 Interfocal Cooperation Act (Chapter 741, 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 i f 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?
4
Im124U7114)G RI SMIF.LTER I\sr 11. L% fI NFOR CI IIRI'S
Other governmental entities that Wright 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
[; niversity, 1 st "Texas !Municipal Power agency, Lynn County, and City of Wolfforth.
YES_( 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 BYJN i LV&1�a corporation organized under the laws of the State of
`Testa. , or a artnershi consisting of or in�T-
Address:
trading as �1�.�[' m+�. i'. F)trC of the City of L
�]' 6(—Al-
State: 7rX. 7_ip_j`j s
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
NVWBE Firm:
Woman
American
American I I Native American
Pacific Americl I Other (Snecifv)
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that
manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling
new motor vehicles is required under the Tex. Oce. Code, Chapter 2301 to be licensed by Motor Vehicle Division of
the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission
Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas:
1. Name /I! , and Manufacture's License No. Aj A
2. Name�p _ and Converter's License No,
3. Name —and Representative's License No.
4• Name Aj and Franchise Dealer's License No. 4Z 49E
General Distinguishing No. A4X(Franchised TX dealer)
By Date_:
Authorized Representative -'musts4?i by Marta{
Officer Name and Title:
Please Print
Business Telephone Number_ �FAX:
E-mail Address: I6 --
FOR CITY USE ONLY
Bid Form Item Numbers) Awarded to Above Named Firnt/Individual:
Date of Award by City Council (for bids over 525,000): Date P.O,/Contract Issued:
5