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HomeMy WebLinkAboutResolution - 2009-R0203 - Contract - Roberts & Spencer Service LLC - Meter Calibration Services - 05/28/2009Resolution No. 2009-RO203 May 28, 2009 item No. 5.9 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 a Contract (8979) and any associated documents with Roberts & Spencer Service, LLC, of Dallas, Texas, for meter calibration services per ITB #09 -038 -MA, which Contract is attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 28ffiday of May , 2009• TOM MARTIN, MAYOR ATTEST: Rebe4 Garza, City Secretary APPROVED AS TO CONTENT: Deputy City Manager APPROVED AS TO FORM: t Don Vandiveri Attorney y v DDres/Roberts& SpencerMeterCon09Res April 16, 2009 Exhibit A 09 -038 -MA Meter Calibration Services Resolution No. 2009-80203 CITY OF LUBBOCK CONTRACT FOR SERVICES Contract No. 8979 THIS CONTRACT, made and entered into this 28 th day May 2009, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Roberts & Spencer ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Meter Calibration Services 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 Meter Calibration Services. 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 Meter Calibration Services. 1. Specifically referred to as Item(s) No. 1- 3 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. 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 four, 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. 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 09 -038 -MA .doc 09 -038 -MA Meter Calibration Services 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: 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 this 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 Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier 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. 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.. 09 -038 -MA .doc 2 09 -038 -MA Meter Calibration Services 6. 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 #09 -038 -MA, General Conditions, Insurance Requirements, 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 Tom Martin, Mayor ATTEST: Rebe a Garza, City Secretary APPROVED AS T FO �. tstant C ttorney A CONTRACTOR 09.038 -MA .doc 3 r � B e Aut orized Represen tive Address: Tom Adams, CONTENT: City Manager 09 -038 -MA Meter Calibration Services ITB# 09 -038 -MA Resolution No. 2009-80203 iiance with the Invitation to Hid # 09 -038 -MA , 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. The Invitation to Bid # 09 -038 -MA is by reference incorporated in this contract. The Bid Fonn must be completed in blue or black ink or by typewriter. ITEM QTY UNIT OF UNIT PRICE (Approximatel MEASURE BID ANNUAL Y) DESCRIPTION CONTRACT PRICE rc b. G d e. . = h. x e. Inspection and 1. 40 EA Calibration of ow meters, per $ S 3 Y) © o specifications t Inspection and alibration of `10 EAfilter loss of head $ �Q $ nstruments, per r �� pecifications ' Inspection and 3 0 EA Calibration filter ow meters, per $ 22 S a b specifications Total Annual Cost PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0%, net—W 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/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 if heishe will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other govemmental 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 Wolfforth. YES af� NO • if you (the bidder) checked YES, the following will apply: 09 -038 -MA .doc 09 -038 -MA Meter Calibration Services • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will he eligible, but not obligated, to purchase ntaterialslseryices 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 BY O E T E &�V 1t E �� a corporraati�on organized under the laws of the State of 7—E pZ PYS or a partnership consisting o4IAV C IC T +ti+D 1 or an individual trading as oftheCiittyof— Firm: og97 T !6NC16*- .9L IL LL(' Address: f,0LJAL LAPJC IDA LLA State:-IEX A:5 zip ? Z M(WBE Firm; I Woman I I Black American I I Native American Nicnanic American I I Asian Pacific American I k-1 Other (Specify) Officer Name and Title: Representative - must sign by hand /, V1 AA AI Aft Y" - "S Please Print Business Telephone Number + 7 2 - 40� - 02586 FAX: 3 2Z r � 3 -3 �� LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, 09 -038 -MA .doc