HomeMy WebLinkAboutResolution - 2005-R0127 - Contract For State Use Program For Litter Control - Marian Moss Enterprises - 03_24_2005Resolution No. 2005-RO127
March 24, 2005
Item 31
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 a Contract for State Use Program, and
any associated documents, for the litter control for City parks and other properties, a copy
of which said Contract is attached hereto and which shall be spread upon the minutes of
this Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 24th day of March , 2005.
ATTEST:
CUA=:�t� pl�_- -
Re cca Garza, City Secretalp
APPROVED AS TO CONTENT:
Benito Ortiz, Park Maint an ,e Supervisor
AS TO FORM:
W
Donald G. Vandiver, Attorney of C
DDres/Li tterCo ntrolSvcsRes
March 4, 2005
Resolution No. 2005-RO127
Contract Number: 5892
CONTRACT FOR STATE USE PROGRAM
THIS AGREEMENT IS MADE by and between City of Lubbock, hereinafter called CITY OF
LUBBOCK, TIBH Industries, Inc., hereinafter called the TIBH, and Marian Moss Enterprises ,
hereinafter called the Provider.
WITNESETH
WHEREAS, Chapter 122 of the Texas Human Resources Code authorizes CITY OF LUBBOCK to
purchase services and products from blind and severely disabled persons and establishes
procedures for such purchase, said statute, authority and procedures hereinafter referred to as the
State Use Program; and,
WHEREAS, The Texas Committee on Purchases of Products and Services of Blind and Severely
Disabled Persons has lawfully promulgated rules for the State Use Program at Title 40 of the Texas
Administrative Code, Chapter 189; and,
WHEREAS, pursuant to the rules, CITY OF LUBBOCK has determined to set aside a service or
product generally described as Litter Control for City Parks and Properties to be once and for
all dedicated to the State Use Program and said service or product to be furnished only by Provider;
however, said service or product can be removed from State Use in accordance with said rules and
as further provided in Article 7 of this agreement; and,
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
CITY OF LUBBOCK, the TIBH, and the Provider mutually agree as follows
AGREEMENT
Article 1. Contract Period
This contract becomes effective on April 1, 2005 and terminate on December 31, 2005,unless
termination occurs as otherwise provided in this agreement. The contract may be renewed
annually for up to two (2) additional terms under the same terms and conditions as the original.
Article 2. Scope of Work
The provider shall undertake, perform, and complete all work authorized in Attachment A, Scope of
Work, at the locations and costs described in Attachment B, Item Quantity Sheet.
Article 3. Compensation
The amount payable under this agreement shall be according to the attached payment schedule,
except as authorized in Article 9, Changes in Work.
Litter Pickup & Disposal Park Maintenance Contract
The Provider shall submit periodic requests for reimbursement using forms acceptable to CITY OF
LUBBOCK. Such requests will be made for work performed or products furnished by the Provider.
Compensation will be made in accordance with the rates established in Attachment B, Item
Quantity Sheet.
The Provider hereby assigns all payments due it by CITY OF LUBBOCK to the TIBH. CITY OF
LUBBOCK will make payment directly to the TIBH on behalf of the Provider. Payments are
generally made within thirty days of receipt of each invoice submitted by the Provider. No liability
shall attach to CITY OF LUBBOCK by Provider's assignment to the TIBH. TIBH shall deduct a
6% fee and shall compensate the Provider the remaining 94%.
Article 4. Insurance
Prior to beginning work, the Provider shall obtain appropriate insurance coverage and furnish
documentation of such coverage to CITY OF LUBBOCK.
Appropriate coverage is listed and marked below.
Do not sign this agreement unless the appropriate box is marked.
[] Provider is a state agency.
The Provider, being a State Agency, acknowledges that it is not an agent, servant or employee
of the City of Lubbock, and it is responsible for its own acts and deeds and for those of its
agents or employees during the term of this contract.
[X] Provider is not a state agency.
The Provider must provide CITY OF LUBBOCK with evidence of insurance coverage as
follows:
1.
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 wavier of subrogation in favor of the CITY
OF LUBBOCK.
The Contractor shall also provide the CITY OF LUBBOCK proof of Employers' Liability in
an amount no less than $100,000 will be included with the certificate.
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
Litter Pickup & Disposal Park Maintenance Contract 2
cause for the City to terminate the contract.
2. Commercial General Liability Policy including premises/operations, products/completed
operations. The Commercial General Liability Policy requires a $1,000,000 combined single
limit for injury or death of any person(s) and property damage, arising out of one
occurrence. The CITY OF LUBBOCK shall be named a primary additional insured. The
certificate of Insurance must reflect wording which states that the policy shall be primary
and non-contributory with respect to any insurance carried by the contractor.
3. Automobile liability with a limit of $300,000 combined single limit for bodily injury and
property damage arising out of any one occurrence. The cost of such insurance shall be a
direct cost of operation by the Provider. Such policies shall contain a covenant of the
insurance company requiring thirty (30) days written notice first to be given to CITY OF
LUBBOCK before cancellation, reduction, or modification. The CITY OF LUBBOCK
shall be named a primary additional insured.
4. If a subcontractor is employed, the subcontractor shall provide a written certification to the
Provider that the subcontractor is providing insurance coverage equal to the limits described
above and the Provider shall provide CITY OF LUBBOCK written certification to this
effect. The certificate of Insurance shall name the City of Lubbock as a primary additional
insured and such certificate shall reflect wording which states the policy shall be primary
and non-contributing with respect to any insurance or self-insurance of the City of Lubbock.
However, when the Provider and subcontractor agree in writing for the Provider to provide
workers' compensation insurance coverage for all employees of the Provider and
subcontractor employed on the project, the Provider shall provide a copy of said agreement
to the Provider's workers' compensation insurance carrier within 10 days of execution, and
provide a written certification of said agreement to CITY OF LUBBOCK.
5. Certificates of Insurance along with a copy of the additional insured endorsement shall be
provided to the CITY OF LUBBOCK prior to beginning any work.
Article 5. Records
The Provider and the TIBH agree to maintain all books, documents, papers, drawings, accounting
records, and evidence pertaining to costs incurred and work performed hereunder, hereinafter called
the records, and shall make such records available at its office during the contract period and for
three years from the date of final payment under this contract.
The Provider and the TIBH shall allow access to the records by duly authorized representatives of
CITY OF LUBBOCK for the purpose of making audits, examinations, excerpts, and transcriptions.
Litter Pickup & Disposal Park Maintenance Contract
Article 6. Indemnification
The Provider and the TIBH each shall save harmless CITY OF LUBBOCK from all claims and
liability due to the acts or omissions of the Provider or the TIBH, their agents or employees to the
extent provided by law.
Article 7. Disputes
If a dispute arises about the services authorized under this agreement, the Provider shall
immediately notify CITY OF LUBBOCK and the TIBH. Every effort shall be made to resolve the
dispute.
If, however, the dispute cannot be settled in an amount of time agreed by both parties, the CITY OF
LUBBOCK will terminate this agreement in accordance with Article 17, Termination. The TIBH
shall coordinate with CITY OF LUBBOCK to furnish another Provider under THE STATE Use
Program, and a new agreement will be entered into for the services or products set aside under the
terms of this agreement.
If another Provider cannot be found to provide the services or products, the TIBH shall notify CITY
OF LUBBOCK in writing no later than thirty days from the date of termination of this agreement.
Upon receiving such notice, CITY OF LUBBOCK will at is own option complete the work with its
own forces or enter into a contract using appropriate procedures other than the State Use Program,
except that the Provider and the TIBH shall not thereby be absolved of legal responsibility for such
work.
Article 8. Remedies
Violation or breach of the terms of this agreement by the Provider or the TIBH shall be
grounds for termination of the contract. This agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies existing at law and in equity may be availed by
either party and shall be cumulative.
Article 9. Changes in Work
If at any time during the course of this agreement it becomes necessary for the Provider to perform
services or provide a product not identified in the original Attachment A, Scope of Work, the
Provider shall notify CITY OF LUBBOCK and request authorization to proceed. CITY OF
LUBBOCK will notify the Provider in writing if the additional work is deemed necessary and shall
authorize the Provider to proceed with the increased work.
If at any time during the course of this agreement it becomes necessary for CITY OF LUBBOCK to
cancel or otherwise make changes in the services or products authorized in Attachment A, Scope of
Work, CITY OF LUBBOCK will so notify the Provider in writing and the Provider shall cancel or
otherwise change the work as instructed by CITY OF LUBBOCK. Provider shall not request
compensation for any work so canceled.
Litter Pickup & Disposal Park Maintenance Contract 4
If the maximum amount payable established in Article 3, Compensation, will be exceeded as a
result of the additional or changed work, CITY OF LUBBOCK will provide additional
compensation at the rates specified in Attachment B, Item Quantity Sheet. If rates have not been
specified for the additional work tasks, CITY OF LUBBOCK, the Provider, and the TIBH will
mutually agree to the rates, provided, however, that rates are reasonable and consistent with
rates normally charged for the work.
Any additional compensation must be authorized in writing and approved by all parties in
accordance with Article 10, Supplemental Agreements.
Article 10. Supplemental Agreements
If the Provider finds that any work requested under this agreement will change the scope,
character, complexity, or nature of the work, the time period, the method of payment, or the
maximum cost hereunder, a written amendment as agreed to by both parties must be executed
within the time period established in Article 1, Contract period. Any such amendment shall be
deemed to be a supplemental agreement to this document.
If CITY OF LUBBOCK finds it necessary to require changes in completed work because of
errors made by the Provider, CITY OF LUBBOCK will require the Provider to correct the work at
no cost to CITY OF LUBBOCK and without amendment to the agreement
If the changes are made at the request of CITY OF LUBBOCK and are not because of errors of the
Provider, CITY OF LUBBOCK will compensate the Provider as authorized in Article 9, Changes in
Work.
Errors would consist of litter not being removed or disposed of as described in the Scope of work.
Article 11. Inspection of Work
CITY OF LUBBOCK shall have the right at all reasonable times to inspect or otherwise evaluate
the work performed or being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the provider, the Provider shall provide
all reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations will be performed in such a
manner as will not unduly delay the work.
Article 12. Reporting
The Provider or TIBH shall promptly advise CITY OF LUBBOCK in writing of events which have
a significant impact upon the work performed under this agreement, including:
1. Problems, delays, or adverse conditions which will materially affect the ability to
attain program objectives, prevent the meeting of time schedules and goals, or
preclude the attainment of project work units by established time periods. This
Litter Pickup & Disposal Park Maintenance Contract 5
disclosure shall be accomplished by a statement of the action taken, or contemplated,
and any CITY OF LUBBOCK assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and goals sooner
. than anticipated or producing more work units than originally projected.
Article 13. Public Safety and Convenience
The safety of the public and the convenience of traffic are of prime importance under this
agreement. Unless otherwise provided, the provider's performance of this agreement shall not
interfere with city activities or traffic in or around parks.
Article 14. Protection of Property
The Provider shall take proper precautions to protect all adjacent property which might be damaged
or injured by any process of work. In case of any such injury or damage resulting from the
Provider's acts or omissions, the Provider shall restore at its own expense the damaged property to a
condition, similar or equal to that existing before such injury or damage was done, or it shall
otherwise remedy such injury or damage in a manner acceptable to CITY OF LUBBOCK,
TIBH, and the property holder or owner involved. If CITY OF LUBBOCK must intervene and
repair any damage not repaired by the Provider, all such repairs shall be made at the Provider's
expense. CITY OF LUBBOCK shall deduct the costs associated with the repair from the amount
due and payable to the Provider, or the Provider shall otherwise compensate CITY OF LUBBOCK
for the cost of repair.
Article 15. Subcontracts
The Provider shall not sublet or transfer any portion of the work authorized in this contract unless
specifically authorized to do so in writing by CITY OF LUBBOCK. Subcontractors shall comply
with the provisions of this contract, and subcontracts in excess of $25,000 shall include the
required provisions of this contract.
No subcontract will relieve the Provider of his or her responsibility under this contract.
Article 16. Gratuities
Employees of CITY OF LUBBOCK will not accept any benefits, gifts, or favors from any person
doing business with or who reasonably speaking may do business with the State under this
agreement. Any person doing business with or who reasonably speaking may do business with
CITY OF LUBBOCK under this agreement may not make any offer of benefits, gifts, or favors to
CITY OF LUBBOCK employees except as mentioned here above. Failure on the part of the
Provider to adhere to this policy may result in termination of this contract
Article 17. Termination
This agreement may be terminated before the completion date established in Article 1, Contract
Period, by any of the following:
Litter Pickup & Disposal Park Maintenance Contract 6
A. By mutual consent and agreement of both parties hereto.
B. By CITY OF LUBBOCK, giving notice in writing to the Provider and to TIBH, as
consequence of failure by the Provider or TIBH to perform the services herein set forth in a
satisfactory manner and within the limits provided, with proper allowances being made
for circumstances beyond the control of the Provider and TIBH.
C. By either party upon the failure of the other party to fulfill its obligations as set forth in the
Scope of Work attached hereto and labeled Attachment A, giving written notice one to the
other establishing the effective date of termination.
D. By satisfactory completion of all services and obligations described herein.
Should CITY OF LUBBOCK terminate this agreement as herein provided, no costs other than costs
due and payable at the time of termination shall thereafter be paid to the Provider or TIBH. In
determining the value of the work performed by the Provider prior to termination, CITY OF
LUBBOCK will consult with the TIBH but CITY OF LUBBOCK shall be the sole judge. Payment
for work at termination will be based on work completed at that time.
If the Provider defaults in performance of this agreement or if CITY OF LUBBOCK terminates the
agreement for fault on the part of the provider or TIBH, CITY OF LUBBOCK will give
consideration to the actual services or products provided up to the date of default.
Article 18. Compliance with Laws
The Provider and the TIBH shall comply with all federal, state and local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals
in any matter affecting the performance of this contract, including, without limitation,
workers' compensation laws, minimum and maximum salary wage statutes and regulations, and
licensing laws and regulations. When required, the Provider and TIBH shall furnish CITY OF
LUBBOCK with satisfactory proof of compliance.
Article 19. Successors and Assigns
CITY OF LUBBOCK, TIBH, and Provider each binds itself, its successors, executors, assigns, and
administrators to the other parties to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
The Provider has assigned all payments due it by CITY OF LUBBOCK under this
agreement to the TIBH Payments should be sent to the following address according to
Articles 3 & 19. Payment shall be determined by the form included in this package as
Exhibit 1, and approved by the Parks and Recreation Director or his Agent.
TIBH Industries, Inc.
300 Highland Mall Blvd., Suite 302
Austin, Texas 78752
The Payee Identification Number is: 17522473119001
Litter Pickup & Disposal Park Maintenance Contract 7
Article 20. Signatory warranty
The undersigned signatories each hereby represents and warrants that each is an officer of the
organization which he or she has executed this contract and that each has full and complete
authority to enter into this agreement on behalf of the agency.
IN WITNESS WHEREOF, the parties hereto have executed triplicate counterparts to effectuate
their agreement, but this agreement shall not be valid until signed by a duly authorized
representative of each party.
ATTEST:
Rellecca Garza, City Secret y
APPROVED AS TO CONTENT:
I. L64&
Benito Ortiz, Park aintenance Supervisor
APPROVED AS TO FORM
Assistant City Attorney
MARIAN MOSS
X&2-7, k,,,Lc�
Sheila Kidwell, President
ATTEST:
c
Corporate Secretar
TIBH, INC
oyelle-'-L SZ412�
Larry S gee, Ma etil'k ng
Representative
Litter Pickup & Disposal Park Maintenance Contract
ATTACHMENT A
SCOPE OF WORK
1. DESCRIPTION:
Resolution No. 2005 RO127
To remove and dispose of litter for City Parks and Properties. Litter includes matter not part of
the park, such as trash, garbage, scrap metal, paper, wood, plastic, glass products, rubber
products and tires. The provider will not be responsible for removing hazardous material. The
Provider will notify the department of such findings.
2. METHODS OF OPERATION
Litter removal and disposal in the city parks will be based on the mowing schedule provided
each week by either the CITY OF LUBBOCK or the City's mowing contractor. If time allows
and both parties agree, additional parks or properties will be serviced as directed by the City's
representative.
Prior to beginning operations, a pre -work conference between representatives of CITY OF
LUBBOCK and the Provider will be arranged. In this meeting, the Provider shall outline
the proposed method of accomplishing this work, sequence of work to be followed, estimated
progress schedule and plans.
3. SERVICE REQUIREMENTS:
The Provider shall be responsible for any damages that occur to the existing property of the
CITY OF LUBBOCK caused by the Provider's equipment or personnel. Any damages shall be
repaired immediately to its original condition or better. The Provider shall exercise caution
whenever working near telephone or power lines.
CITY OF LUBBOCK will not provide any storage space for equipment or supplies for the
Provider on City of Lubbock's premises.
1. Supplies and Equipment
For all operations requiring the placement and movement of Provider's equipment, the
provider shall observe and exercise all necessary caution and discretion, so as to avoid
injury to persons, damage to property of any and all kinds, and annoyance to, or undue
interference with the movement of the public and CITY OF LUBBOCK personnel. The
City of Lubbock will provide the litter bags for placement in the litter barrels.
2. City Park Maintenance -Litter Pickup and Disposal
The service this will cover is as follows:
Provide the City of Lubbock with litter pick up and disposal control during the mowing
season. The crew schedule would be based on the mowing that is to be done at each park.
Litter Pickup & Disposal Park Maintenance Contract 9
After the crew finish picking up the litter in the parks that are scheduled for that mowing
day, then they would be free to pick up litter in other parks or properties as agreed by both
parties. Provider would supply the transportation for the crews to and from the park or
property sites.
Provide for emptying the litter barrels in the parks that the crew works during that cycle.
Other litter removal and disposal may be requested under this agreement and priced on an
individual basis or per case basis.
4. MEASUREMENT:
City Park and Property Litter Control will be done by the cycle. A cycle is defined as the
satisfactory completion of litter removal and empty litter barrel service in the parks scheduled
for mowing in a one week time frame. Other parks not scheduled for mowing may be worked
in as agreed by both parties and as time permits.
5. TRAFFIC CONTROL:
The Provider shall not obstruct the traveling public and private citizens from passage through
the parks.
6. PAYMENT:
The work performed in accordance with this Scope of Work and measured as provided under
"Measurement" will be paid for at the cost per cycle. This price shall be full compensation for
furnishing all labor tools, equipment and incidentals necessary to complete the work. The City
will provide litter barrel liners.
Payments will be made once each month, for approximately a thirty (30) day time period, for
work completed and approved, within each pay period. That shall begin on the lst day of the
month and continue for a one (1) month period which will end the last day of the month.
Payments are generally made within thirty days of receipt of each invoice and form included in
this packaged as Exhibit 1, submitted by the Provider.
Payments should be sent to the following address according to Articles 3 & 19.
TIBH Industries, Inc.
300 Highland Mall Blvd., Suite 302
Austin, Texas 78752
The Payee Identification Number is: 17522473119001
Litter Pickup & Disposal Park Maintenance Contract 10
7. CONTRACT MANAGEMENT:
It is the Provider's responsibility to see that all work meets the specification requirements.
Contract Management involves setting the performance standards by the Provider and
managing the work and their employees to maintain the standards as set forth in the Contract
Specifications. The Provider is responsible for implementing and maintaining a quality
control system to identify and correct performance concerns.
8. MISCELLANEOUS:
CITY OF LUBBOCK is committed to maintaining an alcohol and drug free workplace.
Possession, use or being under the influence of alcohol or controlled substances by the
Provider's employees while in the performance of this service is prohibited. Violation of
this requirement shall constitute grounds for termination of this contract.
Litter Pickup & Disposal Park Maintenance Contract
Resolution No. 2005-RO127
ATTACHMENT B
Item Quantity Sheet
ITEM
Litter Control Service Locations
No. of
(Cycles Approximate)
Cost Per
Cycle
Contract
Price
1.
City Parks
17
4750.00
80,750.00
2.
Group 2, Class B- Properties
17
141.57
2406.69
3.
Group 6, Class C — Properties
9
141.18
1270.62
4.
Group 7, Class D — Properties
4
560.82
2243.28
5.
Special Event Litter Control
Will be priced as needed.
As agreed
by both
parties.
TOTAL
$86,670.59
Litter Pickup & Disposal Park Maintenance Contract 12
EXHIBIT 1:
PAYMENT REQUEST FOR LITTER PICKUP & DISPOSAL
MAINTENANCE CONTRACT
DATE:
PURCHASE ORDER NUMBER:
COMPANY NAME:
COMPANY ADDRESS:
Payment for completed service location.
(List each separately):
Service Location Cycle# Date Completed Cost
$
TOTAL COST $
PERFORMANCE VERIFICATION BY PAYMENT AUTHORIZATION BY
CONTRACTOR'S REPRESENTATIVE OWNER'S REPRESENTATIVE
Litter Pickup & Disposal Park Maintenance Contract . 13