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HomeMy WebLinkAboutResolution - 2011-R0303 - Contract - Brown-Mckee Inc.- Traffic Signal Pier Drilling Services - 07_14_2011Resolution No. 2011—RO303 (July 14, 2011 Item No. 5.14 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 xecute for and on behalf of the City of Lubbock, Contract No. 10067 for traffic signal ier drilling services — annual pricing services, by and between the City of Lubbock and rown-McKee, Inc., Lubbock, Texas, and related documents. Said Contract is attached ereto and incorporated in this resolution as if fully set forth herein and shall be included )n the minutes of the City Council. assed by the City Council on July 14, 2011 TOM MARTIN, MAYOR Resolution No. 2011-RO303 CONTRACT # 10067 CITY OF LUBBOCK CONTRACT FOR SERVICES Traffic Signal Pier Drilling Services -Annual Pricing Bid No. 11-10067-FO THIS CONTRACT, made and entered into this July 14, 2011, by and between the City of Lubbock ("City"), and Brown -McKee, Inc. ("Contractor") of Lubbock, Texas. WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Traffic Signal Pier Drilling Services for the City of Lubbock 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 accepted such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and services of the said Traffic Signal Pier Drilling 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: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are hereto made part hereof, Contractor will deliver to the Traffic Signal Pier Drilling Services specifically referred to as Item(s) No. 1- 6 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a period of one year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. 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) or Product Price Index (PPI), whichever 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 rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. This contract shall remain in effect until the expiration date, performance of services ordered, or termination 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. 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 City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 5. The Contractor shall perform the work according to the procedure outlined in the specifications, and Invitation to Bid attached hereto and incorporated herein. 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. 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: INSURANCE COVERAGE REQUIRED The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): 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 must maintain Workers' Compensation Liability in an amount no less than $500,000. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. Commercial General Liability — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 per occurrence: General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability - Combined Single Limit. Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to the following: Any Auto The City of Lubbock shall be named a primary additional insured on auto/general liability with a waiver of subrogation in favor of the City on all coverage's and to include products of completed operations endorsement. All copies of the Certificates of Insurance shall reference the ITB number for which the insurance is being supplied. 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. 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. 9. 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. 10. This Contract consists of the following documents set forth herein; Invitation to Bid #11-10067- FO, General Conditions, 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: RebeAa Garza, City Secretary APPROVED AS TO CONTENT.. r Marsha Reed, Chief Operations Officer APPROV6 AS O FORM: Assistant City Attorney CONTRACTOR BY ��'-' f `-,� Authorized Representative /'-6, 327� Addr ss /C�a-1-k 7�4,TZ - 7 z79. Resolution No. 2011-RO303 ity of lubbock City of Lubbock, Texas Purchasing and Contract Management Traffic Signal Pier Drilling Services -Annual Pricing Bid No. 11-10067-FO REVISED BID FORM In compliance with the Invitation to Bid 11-10067-FO, 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 Iocations and for the prices set forth on this form. The Invitation to Bid 11-10067-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION QTY UIM UNIT COST" EXTENDED COST (More or Less 1 Drill shafts 36" in diameter As 250 FT $ $ 6" 000 eo specified herein v' p • 2' Drill shafts 42" in diameter As 100 FT $ 22 2,00 $ 16© *00 specified herein � • 3' Drill shafts 48" in diameter As 330 FT $ S Op $ �� ��©• �� specified herein 4. Drill shafts 36" in diameter through 250 FT $ Rock 5. Drill shafts 42" in diameter through 100 FT $ ✓I� 0� $ Rock 6. Drill shafts 48" in diameter through 330 FT $ j, v0 $ 24 DSO OD Rock Overall Total $ �� �r�D • n0 * Mobilization to be included in all pricing. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of net - 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 orafter 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 requlrcmcnts, 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 lice 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 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? 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, djljifr$ II A, Texas Tech University, West 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 BY 91 OM)N- �G� /Ve . a corporation organized under the laws of the State of %i5x A-; , or a partnership consisting of or an individual trading as ��9 of the City of �itJJ�%a✓C- . Firm: �/Z +11 '/l�%G�G>Egr x/G Ae-GVS/ri, Address: AVV. 1-2, © , ,gp>c 7_7 5 City: �-�/�lhyck- Stater_ Zip 7, 2 -344, 77 NUWBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) S, Zv Authorized Representative - must sign by hand Officer Name and Title: / T f / /`" Q s Please Print Business Telephone Number �D6 —op 7-3 FAX: ��� 7f y/6 ol E-Mail Address: ., r FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named FirmAndividual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued.- 4