HomeMy WebLinkAboutResolution - 2013-R0079 - Contract - BWI Companies Inc.- Alternate Daily Landfill Cover - 02_28_2013Resolution No. 2013—ROO79
February 28, 2013
Item No. 5.11
1tESOLUTION
BE IT RESOLVED BY TI [1: CITY COUNCIL OF T1-11- CITY OF LUBBOCK:
THAT the Mayer ❑1' the City of Lubbock is hereby authorized and directed to
execute for and on behalf o0he C ity of Lubbock, Coil Iract No. l 1 159 for Alternate Daily
Cover for Landfill, by and between the City ol' Lubbock and Mk'I Companies, Inc., M'
Carrollton. 'Texas, and related documents. Said Contract is attached 17eretO anLI
incorporated in this resoltition as it' full% set iortli herein and shall be included ill chc
minutes of the City Counci I.
Passed by the City Council on February 28, 2013
GlJ-N C. It LRTSON. MAYM
ATTEST:
j 4 -3"1(-
Pebca Garza. City Secret ry
APPROVED AS TO CON1'T 'I':
2s�V V 1
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw.ccdocs./RES.Con1ract-BW1 Companies. inc.
February 12, 2013
Resolution No. 2013-R0079
City of Lubbock, TX
Contract For
Alternate Daily Cover for Landfill
CONTRACT NO. 11159
THIS CONTRACT made and entered into this 28th day of February. 2013, by and between the City
of Lubbock ("City"), and BWI Companies, Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Alternate Daily Cover for
Landfill and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the
purchase and delivery of the said Alternate Daily Cover for Landfill.
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 are attached
hereto and made part hereof, Contractor will deliver to the City, Alternate Daily Cover for
Landfill and more specifically referred to as Item 1 on 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 terns and conditions contained herein.
3. The Contractor shall perform the work according to the procedures outlined in the Bid Form
and Specifications attached hereto. The contract shall be for a term of three (3) years, with the
option of two (2) additional, one (1) year extensions, said date of term beginning upon formal
approval. All stated annual quantities are approximations of usage during the time period to be
covered by pricing established by this bid. Actual usage may be more or less. Order quantities
will be determined by actual need.
4. 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.
5. 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.
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
General Liability $300,000
Commercial General Liability
General Aggregate
Automotive Liability $300,000
Combined Single Limit
Any Auto
Workers Compensation Statutory Amounts
The City of Lubbock shall be named as insured on a primary and Non -Contributory basis on
General Liability, with a waiver of subrogation in favor of the City of Lubbock on all
coverages. All copies of the Certificates of Insurance shall reference the project name or bid
number for which the insurance is being supplied. Copies of all endorsements are required.
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. The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in
a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of
any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
10. 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
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.
11. This Contract consists of the following documents set forth herein; Invitation to Hid No. 13-
1 1 159-RI-1, Specifications, and the laid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to he executed the day
and year first above written. Executed in triplicate.
C[TY OF LUBBOCK CC)NTRA OR j
C
U
Glen C.. crtson, Mayor Aut �riied Representative
r /
ATTI ST-
Scott Snider,
Assistant City Manager
A1'i' pF�H❑ AS n FC3RM:
Assistant City Attorney
nt Name
12�D
Address
L A�22 & - , 7~,k 7560
City, State, Tip Code
ITB 13-11159-RH, Alternate Daily Cover for Landfill
Specifications for
Alternate Daily Cover for Landfill Application
The City of Lubbock is soliciting bids to establish firm pricing for a slurry -type Alternate Daily Cover,
hereinafter called ADC, material is to be used at the West Texas Region Disposal Facility. This
material will be mixed with water and applied in a spray to the landfill workface. The ADC will be
applied to the landfill workface on an average of 5 days per week and using approximately 36 bags per
week.
Product requirements:
The ADC must:
• Be a product that is manufactured and marketed to the solid waste industry for ADC
application.
• Produce a cover that will perform equivalent to six inches of soil when applied according to the
manufacturer's specifications.
• Meet all Environmental Protection Agency (EPA) 40 CFR 258.21 and Texas Administrative
Code (TAC) 30 TAC 330.165 (d) (1) requirements including control of disease vectors, fires,
odors, blowing litter, dust, and scavenging without presenting a threat to human health and the
environment.
• Not contribute to air -borne irritants.
• Have the ability of being applied in any temperature, light to moderate rainfall, and in winds up
to 35 miles per hour.
• Prefer a green tinted material.
• Be available in single bags that are 50 pounds in weight.
• Be able to be applied with a Finn T90 hydro seeder equipped with an 800 gallon water tank.
Material delivery:
Delivery is included in the bid pricing. There will be no additional delivery or shipping charges.
Items required to be submitted with bid:
• Material Safety and Data Sheet (MSDS) must be submitted with the bid to affirm that the
product is non -toxic and not a threat to human health and the environment.
Bidders must submit a minimum of three (3) references from landfills operating in Texas using
the vendor's product.
Submittals prior to bid award:
The apparent low bidder will be required to submit within ten business days of notification, and prior
to award of contract:
• 12 bags for the landfill to test for product performance and compatibility with existing
application equipment.
ITB 13-11159-RI{, Alternate Daily Cover for Landfill
Failure to submit the product for testing within ten business days of the request, will result in forfeiture
of contract.
Length of contract:
The contract shall be for a term of three (3) years, with the option of two (2) additional one (1) year
extensions, said date of term beginning upon formal approval. All stated annual quantities are
approximations of usage during the time period to be covered by pricing established by this bid.
Bid award:
Bid shall be awarded on a cost per bag basis.
ITB 13-11159-RFi, Alternate Daily Cover for Landfill
"REVISED"
BID FORINI
Alternate Daily Cover for Landfill
City of Lubbock, Texas
ITB No. 13-11159-RH
In compliance with the Invitation to Bid 13-11159-RII, 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. A bid will be subject to being considered irregular and may be
rejected if it shows omissions, alterations of form, conditional alternate bids, additions or altcmates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. The Invitation to Bid 13-11159-RH is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
UNIT OF
(A)
ANNUAL
(B)
UNIT PRICE*
(C)
EXTENDED
Delivery
ITEM
MEASURE
QTY
DESCRIPTION
BID'
COST
Days
ARO**
W-)
(A x B - C)
Alternate Daily Cover
S
S
1.
50# Bags
1,760
(Slurry mix) as per
l
attached specifications.
i
"Vianufacturer and/or Brand
Name of Product:
*PRICE: F.O.B. Destination, Freight Pre -Paid and Included In bid price •'Days After Receipt of Order (ARO)
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of ,f9_2%, nct _ 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 some
product(s) at the lower pricc(s) on all deliveries made during the period in which such lower pricc(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local govemmcntal entities of the
State of Texas, by mutual agreement with the successful bidder, and properly authorized intcrlocal purchasing agreements
as provided for by the intcrlocal 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 (lousing 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 WolRorth.
YES ✓ NO
0 If you (the bidder) checked YES, the following will apply:
ITB 13-1 1159-RII, Alternate Daily Cover for Landfill
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/scrvicc as needed.
THIS BID IS SUBMITTED BY M &A/ IAL N 4 - a corporation organized under the laws of the State of
�>_, or a partnership consisting of or individual trading as
of the City of fij S !1
Firm: f%"Z [°~Ayi?e,_.� �� S
Address: v V r �t Cry. •J
City: State: It A. Zip
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
iH/WBE Firm:
woman Black American I I Native American
Hispanic American _r Asian Pacific Americ Othcr (Specify)
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures,
distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is
required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of
Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and
provide all applicable current valid licenses issued by the State of Texas:
I. Name and Manufacture's License No.
2. Name and Converter's License No.
3. Name and Representative's License No.
4. Name and Franchise Dealer's License No.
General D' ngui hinge o. (Franchised TX dealer)
By
Arrt orized Representative -must sign b}, hand
tccr Namc andTitic: ..SRsrn�S 8MIrr"
P case Prfirt q
Business Telephone Numbcr�- 7,$'2' G L 3Z k?Z' Z� Z- (!?a��FAx: 17 Z- Z(4Z ! 7k 7s
E-mail Address: ,►E rr w idtmtp-MetGS - a2 &,
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/individual:
Date of Award by City Council (for bids over $25.000): Date P.O-/Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITS NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
v4. A