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HomeMy WebLinkAboutResolution - 2009-R0243 - Contract - Sears Commercial - CEAP And WAP Refrigerator Replacement - 06/23/2009Resolution No. 2009-RO243 June 23, 2009 Item No. 5.18 RESOLUTION IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, by and between the City of Lubbock and Sears Commercial for the Comprehensive Energy Assistance Program and Weatherization Assistance Program Refrigerator Replacement, and all 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 this 23rd day of June , 2009. ATTEST: TOM MARTIN, MAYOR i Reb cca Garza, City Secretary I Ie[.V0#Z01k1k00:10NI ill Howerton, Jr. ommunity Deve. OVER AS TO FORM: yyS4fiis, Assistant Cly Attorney TDHCA Weatherization Assist Prog.09 Resolution No. 2009-802.43 ITB 09 -054 -MA CEAP — Energy Efficiency Refrigerator Replacement Program CITY OF LUBBOCK CONTRACT FOR SERVICES Contract No. 9024 THIS CONTRACT, made and entered into this 23rd rh day June 2009, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Sears Commercial ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for CEAP — Energy Efficiency Refrigerator Replacement Program and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the services of the said. 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 specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the CEAP — Energy Efficiency Refrigerator Replacement Program. 1. Specifically referred to as Item(s) No. 1 and 2 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. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The contract shall be for one year firm pricing, said date of term beginning upon City Council date of formal approval. This contract can be extended for an additional two, one year terms upon mutual agreement of both parties under the same terms and conditions. Prices may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever 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 rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period.. This contract shall remain in effect until the expiration date or terminated 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. 09.054-MA.doc ITB 09 -054 -MA CEAP — Energy Efficiency Refrigerator Replacement Program 4. 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. 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 or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General (public) Liability insurance, per occurrence, in an amount not less than $300,000 including coverage for the following: Products /completed operations Personal & Advertising injury Contractual Liability Automotive Liability insurance, per occurrence, in an amount not less than $300,000 combined single limit including coverage for the following: Any Auto CITY OF LUBBOCK shall be named as an Primary Additional Insured on Automobile and General Liability and a Waiver of Subrogation in favor of CITY OF LUBBOCK shall be provided on all policies 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. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance described below must reflect that the above working is included in evidenced policies. 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. 4. 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid 409 -054 - MA, General Conditions, Insurance Requirements, Specifications, and the Bid Form. 09-054-MA.doc ITB 09 -054 -FAA CEAP — Energy Efficiency Refrigerator Replacement Program 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 Tom rtin, Nfayor ATTEST: Rebec Garza, City Secretary 09-054•MA.doc CONTRACTOR BY Authorized Representative Address:4. e APPROVED AS TO CONTENT: Quincy I t , Assistant City Manager