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HomeMy WebLinkAboutResolution - 2012-R0441 - Contract - L Howard Construction Inc. - Relocate Kohler Generator - 11/08/2012REsolution No. 2012—RO441 November 8, 2012 Item No. 5.24 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. 10833 to relocate a 475 kW Kohler Generator, by and between the City of Lubbock and L. Howard Construction, Inc. of Abernathy, 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 November 8, 2012 G C. BERTSON, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONT N � Vva Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-L. Howard Construction, Inc. October 24, 2012 Resolution No. 2012-RO441 CONTRACT NO. 10833 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES TO RELOCATE 475 kW KOHLER GENERATOR THIS CONTRACT made and entered into this 8th day of November, 2012, by and between the City of Lubbock ("City"), and L. Howard Construction, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids to Relocate 475 kW Kohler Generator 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 to Relocate 475 kW Kohler Generator. 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: In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will provide to the City, the service of Relocating a 475 kW Kohler Generator and more specifically referred to as Items 1 — 2 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 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. 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 General Liability Commercial General Liability General Aggregate Occurrence Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability Combined Single Limit Any Auto Workers Compensation AMOUNT $1,000,000 $1,000,000 Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non - Contributory basis on Auto/General Liability, to include products of completed operations endorsement, 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 td'and`but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representativeg'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. $. 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 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. This Contract consists of the following documents set forth herein, Invitation to Bid No. 12- 10833 -CL 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 G e obertson, Mayor Scott Snider, Community Services Assistant City Manager APP D A TO FORM: Assistant City Attorney CONTRACTOR BY j Authori d Representative L,N. Pvc,NP'Ma�k Print Name Address pgbam Fff)#Y U -- City, State, Zip C6de' ITB 12-10833-C1, Relocate 475 M Kohler Generator City of Lubbock, TY Purchasing 8c Contract Management ITB 12 -10833 -CI Specifications L GENERAL The work herein specified to be done consists of decommissioning and removing a 475 kW Kohler Generator set, Model No. 500REOZV, Serial No. 2022154, from the City of Lubbock Health Department at 1902 Texas Avenue, Lubbock, Texas 79411, and transporting, installing, and re -commissioning said generator set at The Institute of Environmental and Human Health (TIEHH), Department of Environmental Toxicology, Reese Technology Center, Building 555, 1207 Gilbert Drive, Lubbock Texas 79416. The Contractor shall furnish all materials, equipment, move and transportation costs, and labor to perform the work per the specifications, including all other work considered incidental to this item. 2. SCOPE OF WORK The Contractor shall decommission, remove, transport, install, and re -commission a City owned 475 kW Kohler generator set, with (automatic) transfer switches from the generator set current location to the Reese Center TIEHH, Building 555, and provide a drop -over generator enclosure (including sound attenuation foam and exhaust turnduct). This project must be completed within sixty (60) consecutive calendar days. The Contractor is responsible for: a. Move generator from City of Lubbock Health Department to Reese Center TIEHH and Re - Commission including: 1. Removal from current location. 2. Transportation of generator to the yard at Building 555 at Reese Center. 3. Unloading at new location. 4. Materials and labor to install new cooling system onto generator. 5. Materials and labor to install generator housing onto generator. 6. Re -commission generator (service, inspect, load test). 7. Make the required modifications to the generator (housing and radiator), re- commission the generator and transfer switches. Place into service at Building 555. 8. Include a preventative maintenance package. ITB 12-10833-C1, Relocate 475 kW Kohler Generator 9. Include a load bank test. 10. Include new cooling package kit. 11. Provide for and install a Drop Over Generator Enclosure (including sound attenuation and exhaust turnduct). The enclosure is to be a walk -around enclosure and must be exterior rated. (See attachment „A") 12. Re -install exhaust silencer with new piping. 13. Relocate and install remote annunciators. The City of Lubbock shall be responsible for the removal and transportation of the diesel fuel at the existing site, and the decommissioning of the generator and transfer switches. 3. GENERAL CONDITIONS 3.1 The Contractors work is to be performed between 8:00 a.m., and 5:00 p.m., weekdays only. Contractor is to make provisions to undertake all construction activities knowing that the building will be open and the public will be utilizing building entry ways adjacent to the work area. 3.2 The Contractor and their employees must be a Texas licensed electrician and will work in a courteous and workmanship like manner. Contractor is to properly dispose of all debris generated from this project at their expense, including any excavated materials. 3.3 The Contractor is to follow all O.S.H.A. safety regulations in performance of this project. Addendum No. I iTB 12-10833-C1 BID FORM Relocate 475 kW Kohler Generator City of Lubbock, Texas ITB No. 12-10833-0 In compliance with the invitatiion to Bid 12 -10833 -Ci, 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 ror 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 -10333 -CI is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM NO. DESCRIPTION LUMP SUM 1 Move one (1) 475 kW Kohler generator set from the City of Lubbock S Health Department located at 1902 Texas Avenue, Lubbock, Texas 79411, to The Institute of Environmental and Human Health (TIEHH),t' r Q Department of Environment Toxicology, Reese Technology Center, Building 555, 1207 Gilbert Drive, Lubbock, Texas 79416; provide a drover generator enclosure (including sound attenuation foam and exhaust turnduct), and re -commission, not including wiring; to include new radiator and cooling system installed; including all materials, equipment, move, transportation, and installation casts; labor to perform work as herein specified, and all other work considered incidental to this item. 2 Credit for Old External Radiator (-) TOTAL LUMP SUM S Unless otherwise specified herein, the City may award the bid either item-by4tem or on an At -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 A—°/n, nett 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 alter 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 ITB 12 -10833 -CI, Relocate 475 kW Kohler Generator 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 ity of Wolfferth- Y ES NO n * 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 materiaWsery ices 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 SUBMITTEDBY a corporation organized under the laws of the State of UPAS ---.)_ , or er$s ip consistingof ` 1 or individual trading as of the City of Firm W 0 Address:—'3 2>0 E�n f5± _ City: State: Zip. Bidder acknowledges receipt of the following addenda: Addenda No. __L_,_ _ Date Addenda No. Date Addenda No. Date _ Addenda No. Date M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific AHteric4 Other (Specify) By Au Vi Representative - must sign by hand _5.12 Officer Name and Title _t i Please Print Business Telephone Number FAX: [ 9)cx 9)32 _' oG E-mail Address: FOR CITY USE ONLY Bid Form Item Numbers) Awarded to Above Named Firm/lndividual: )ate of Award by City Council (for bids over $25,000): Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONC 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.