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Home My WebLink AboutResolution - 2010-R0589 - Contract 9751 S&H Metal Works & Manufacturing, Inc. - 12_02_2010 (2)Resolution No. 2010—RO589 December 2, 2010 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 execute for and on behalf of the City of Lubbock, a Contract for refurbishment of dumpsters, repair of roll -offs and modification of roll -offs and dumpsters, annual pricing per bid 10-140-DD, by and between the City of Lubbock and S & H Metal Works and Manufacturing, Inc. of Lubbock, 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 _ _ December 2, _ 2010 TOM MARTIN, MAYOR ATTEST: I a 0 Wd�- - — 51� Rebec a Garza, City Secretary 0 APPROVED AS TO C Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs RES.Contract-S & H Metal Works November 2, 2010 Resolution No. 2010—RO589 CONTRACT 9751 CITY OF LUBBOCK CONTRACT FOR SERVICES RENOVATING AND REFURBISHING DUMPSTERS - ANNUAL PRICING CITY OF LUBBOCK, TEXAS ITB-10-140-DD THIS CONTRACT, made and entered into this 2nd day of December, 2010, pursuant to a resolution between the City of Lubbock ("City"), and S & H Metal Works & Manufacturing, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Renovating and Refurbishing of Dumpsters as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the said, Renovating and Refurbishing of Dumpsters. 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: I. In accordance with City's specifications and Contractor's specifications and bid are hereto and made part hereof, Contractor will deliver to the City the Renovating and Refurbishing of Dumpsters specifically referred to as Item(s) No. I through 24 and more particularly described in the bid submitted by the Contractor or in the specifications. 2. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid. The contract shall be for a period of one year, said date of term beginning upon formal approval. The City and Contractor may, upon written mutual consent, extend the contract for four 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, whichever is most appropriate 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, 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. 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 City Right to Audit: At any time during the temp of this contract and for a period of four (4) years 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 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. 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 AMOUNT Commercial General Liability $ 300,000 General Aggregate Automotive Liability For Any Auto: Combined Single Limit $ 300,000 Workers Compensation $ 500,000 Statutory Amounts Employers Liability and/or Occupational Medical & Disability CITY OF LUBBOCK NAMED PRIMARY ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY AND A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK ON ALL COVERAGE'S. The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insured's under the 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. The contractor shall also maintain workers compensation insurance in the statutory amount. 7. 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. 8. 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. 9. This Contract consists of the following documents set forth; Invitation to Bid #10-140-DD General Conditions, Specifications, and the Bid Form. ITB-10-140-DD - Renovating and Refurbishing Dumpsters - Annual Pricing 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: CONTRACTO BY Tom Martin, Mayor Authorized Representative ATTEST: 'f� -0-� , - -,9< Rebecc Gana, City Secretary APPRO L AST— FORM: Assistant City AdYrfiey Address lac Dad it /V_3 ITB-10-140-DD 26 ITB-10-140-DD - Renovating and Refurbishing Dumpsters - Annuni Prlcing Resolution No. 2010-RO589 SUBMIT TO: CITY OF LUBBOCK 9 9� city of CITY OF LUBBOCK, TEXAS Purchasing Contract Management Ixlubbock 1625 l3'" Street, Rm 204 r Lubbock, Tx 79401-3830 11111 INVITATION TO BID CONTACT PERSON: AN EQUAL Darlene Doss - Buyer OPPORTUNITY EMPLOYER 10-140-DD TEL: 806.775.2168 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: RENOVATING AND REFURBISHING DUMPSTERS - ANNUAL PRICING October 25th, 2010 Q 3:00 PM CST PRE BID DATE, TIME AND LOCATION: Any bids received after the time and date listed above. October 19, 2010, ® 9.00 AM In Room CR204, 1625-13'" Street, regardless of the mode of delivery, shall be rentrned unopened. Lubbock, Texas RESPON NTNAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: So Ooo1LL-�� IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE L��' "STATEMENT OF NO BID". TY— T TE— P: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE TELEPH NENO: J w GY)RESERVES IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS }�p� Fpx�6 r 3 �s REQUEST PERMITS COMPETITIVE BIDS. IT 1S THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK DIRECTOR OF E-M ^ 1� PURCHASING AND CONTRACT MANAGEMENT IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, FEDERAL TAX ID NO.OR SOCIAL SECURITY NO. INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE % Cr /� SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE DIRECTOR (55F PURCHASINGRACT MANAGEMENT NO LATER THAN FIVE / BUSINESSDAYS PRIORO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITSIdD IS BASED ON ANY ADDENDA POSTED ON BIDSYNC.COM _ YES_ NO The City of Lubbock Charter stales that no officer or employee of the City can benefit fio y contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles parch . Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES_ NO IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. 1 further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service u hased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the ity to a payment to t vend Authorized Signature Title Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB-10-140-DD 7 '**REVISED"' HID FORM RFA IOVATMG AND REFURBISHING DUMFSTKRS - ANNUAL PRICING CITY OF LUBBOM TEXAS 17$-10-1486DD Tn eompfimee with the Invitation to Bid 10.140-131), the undomigoed Bidder having acamined the Imitation to Bid and Speciflcad=6 and being familiar with the conditions ro be met, hereby submits the following Bid for ti rnisbing the material, equipment, labor and everythiag necemary for providing the item listed below and egrets to deliver said items at the locations and for the prim set forth on this form. The Invitation to Bid 10-140-DD is by reference Incorporated in this awtraeL The Bid Forst most be completed In blue or black ink or by typewriks. UNIT OF UNIT MCIENDED Delivery rMM Mgrs MEASURE DESCRWnON PRICE PRICE Days ARO y as le Complete repai*diubadring of container 1. 2s Ea steel bottoon% add steel tubular-stoppav as s needed: Two4>Ac yard. side loading 0 containers. Complete re pair mawbishing of container 2. 630 EA axi bateM add steel tubular-stQpper as needed: 7btec-Cubic yams, side leWns eoraninw c� I Chiba repoirfrrrblslrirtg of container 3. 90 EA steel both add stud tubular -stopper as ncoded: Four -Cubic yard, !ride Imfing Iql containers. (p ( V Complete tepalOrefutbishing of codeine 4. 25 EA Plastic bottom, add atccl tabWar-stumm as needod: Two -Cubic Yard, side loading coftud"em Complete ralwWmilirbishing of container plaint: bottou4 add stool tubular -stopper as S. 630 EA needed: Three-Cuble yard, side loadit e conta�ero. 1 3 ao Complete repaidreliubishing of cmttahm f 6. 90 EA plastio bottom, add aced to as needed: Four -Cubic yard, side toad{trg ' Q caatsMGM Repair, paint and re place lids with new 7. 5 EA plastic lido and add stcd tabuLw-stopper sot need@@&: Two -Cubic yard. side loading containers. ( 1 Repair, paint card mplace lids with new L 15 EA plastic lido wA add steel tubular -stopper as netcded; Throe -Cubic yard, side loading cwt4ll ' j� [ w Rom, paint raid replace lids with now plastic lids and acid sted tubulanstoppw as 9. 10 EA nooded Four -Cubic yard, side loading wntalrnss. D 5 /1 C 0 TM DESCRWTION UNIT BExtcided ro Coat Delivery Days M�ME AM !w Repair, paiat and replacc lido with new steel I0. S EA lids and add steel tubula8 stopper as nailed S S O Taro -Cubic yard side loading containers• Rs;pa(r, paint and r+eplece Ild6 with new 11. 8 EA lids and add ,Meal wbmtat` Ooppct as needed: rl ThnotLCubic ant side Ignore canteinem of Repair, paint aid dace lids with new Adel 12. 7 EA lids and add seed mbular: stopper as needed: Four -Cubic ym& side loadW oonts3rtecr. L3 _ Fab* ccisain only and add steel tutaslar6 13. 10 EA stopper as needed: Two -Cubic yard. aide S loading contains. ! Pak coaWner only and add seal tubaslwr- 14. 75 EA skWa as needed: Thre&Cubie yard, side Q� 5gS Q Ioaditt contaia�ro. OO taint contains only and add steal eubuter- I S. 30 EA sbpw as needed: Four -Cubic yard, lido r% Q aadk (( Replacmuce piny M)d lids as r side 16. 600 EA loeding contalnev. O h lJ Point cornsiow light blue (sky blue or � 17. 30 EA Powder blue) and modify contain by adding metal ehntes to atetal lid for recycling /� O ofaccEmed MMRNN.0 iCallfy top of sensing tall -off bort by ad ft is. 2 EA Wim wi& slots to convert for recycling of Cwnpk tra re*lr mfurbishing of contsh or — 19. 23 EA seed boom with a ple bath, odd s •I`brve.Cubt3ic J� htbnrluyi' as leadooded. ic Q� O S aide loadis eaatainer9 oC convim 8 of cmttamlw — 20. 20 EA steel ba tem with a plastic bottoft add surd tubular-swpper as needed. Fo r-Cubic yard, C side IgEfta�ntairstx9 d Repair end nplem a -M—d roilers► sntd roller 21. 8 EA sMfL Thirty -Cubic and Forty -Cubic yard U Sr rat a err and RXea steel rollcm and M11W 22. 8 EA slag. T e and Twenty-CWc ydd v h rectal Isirrut(-of3"cont+tacm U v Repair aced take dove hinge chains, steel formed channel doer fiance and vertical 23. 7 EA operating latch handia. ThMy-Cublc and Forst' -Cubic yard heavy duty recta gular (� ) rowoffcontaine". IYepair and re plaa:e dew hinge claims, steel formed channel door flame and vertical 24. 7 EA oi=wins latch handle. Tern -cubic and Tw=Ip Cubic ywd heavy dwy Hatt mat-offcarttaina�, v V `v TOTAL B1Dt heen 1 tltro gis u: ITB-10-140-DD - Renovating and Refurbishing Dumpsters- Annual Pricing 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 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, City of Texarkana, 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 Bove mental entity will orde��,,Oa*ti,2,iz`e als/service as nd. THIS BID IS SUBMITTBYed under the laws ofthe State of , or a partnership consisting of p J or an individual trading as % / - q1f the City of City: M/WBE Firm: By, nutrtwtLcu ncprcaurttuctvc -'filial atsri Officer Name and Title: eW 1 t/ ,er Business Telephone N —I-D FAX: f�7 ^Q 3 7 �� E-Mail Address L/ L-Y V-�'V G!//' CJ.CJ 0 ' LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB-10-140-DD 10