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HomeMy WebLinkAboutResolution - 2015-R0131 - Contract: Radio Tower Maintenance (No. 12224) - 04/23/2015No.2015-R0131 . 23, 2015 No. 5.10 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, Contract No. 12224 for Radio Tower Maintenance Services, by and between the City of Lubbock and Houston's Tower Service, 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 April 23, 2015 ATTEST: Reb t ca Garza, City Secreta APPROVED AS TO CONTENT: ��Mark Yood Assistant City Manager Chief Information Officer APPROVED AS TO FORM: RES.Contract-Houston's Tower Service Inc 3.10.15 Resolution No. 2015-R0131 City of Lubbock, TX Radio Tower Maintenance Services Service Agreement Contract 12224 This Service Agreement (this "Agreement") is entered into as of the 23`" day of Auril, 2015 ("Effective Date") by and between Houston's Tower Service, Inc., (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 15 -12224 -TF, Radio Tower Maintenance Services. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Radio Tower Maintenance Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B —Proposal 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, and C attached hereto. Article 1 Services 1.1 The contract term shall be for an initial one year period, said date of term beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for three 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. The scope of work shall remain the same but may include any additional structures and equipment that may have been added by the City of Lubbock. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Teras and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall Iic in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 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 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. 2.10 The City reserves the right to exercise any right or remedy 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. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date CITY OF LU OCK Glen C. obertson, NTayor ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: C/7� —C " Mark Yea ood, A istant C; y Manager Chief Information Officer APPROVED A$ TO Amy 54M Deputy C CONTRA OR: II Mlows lot,'i 4-- C ntractor's{{ Signature Printed Name �t�t�Fr`rr Title City of Lubbock, TX RFP 15 -12224 -TF Radio Tower Maintenance Services Statement of Work 1. INTRODUCTION EXHIBIT A The City of Lubbock is issuing this Request for Proposal (RFP) under the guidelines of a High - Technology RFP, and the award of the contract shall be made to the responsible vendor whose proposal is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of price, qualifications, experience, references, local support and service, and other evaluation factors set forth in the request for proposal. Receipt of any proposal shall under no circumstance obligate the City of Lubbock to accept the best price offering. a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals, (hereinafter called "Proposer") to provide Radio Tower Services. b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. C) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 PROJECT DESCRIPTION 2.1 The City of Lubbock also owns and operates multiple radio towers in Lubbock, one in Lake Allen Henry, and one tower in Bailey County. 2.2 The City of Lubbock is seeking to secure the services of a primary and secondary qualified firm to assume maintenance, repair, and inspection activities of the radio towers, antennas, tower lighting, and associated equipment in order to maintain the integrity of the radio communication network for the City on an "as needed" basis. 3 SCOPE OF WORK 3.1 Under the provisions of this contract, the contractor shall provide all labor, equipment, tools, vehicles, and industry standard safety gear to perform installation and repair work to the facilities and equipment described above in Section 2. 3.2 The listing of towers: • East 23'd Street — 600' High • 302 Municipal Drive — 300' High • 79`h Street and Slide — 300' High • 26`h Street and Alcove — 600' High • 1300 W. 34TH Street — 200' High • Lake Allen Henry (At the dam) — 180' High • Bailey County (8.05 Miles on HWY 1731 South to Hwy 1760, left then 5 miles) — 400' High S:\Pua 6BW DoasV 15.12224-W,R oTowa Main,a Se = 10 3.3 The contractor shall perform Radio Tower Services as specified on a as needed basis and upon request from the requesting department authorized personnel. a. Replace light bulbs. b. Repair and/or replace high intensity strobes. c. Repair and/or replace Led Flashers. d. Paint towers when required. e. Repair and/or replace coax cables of various sizes. f. Replace defective antennas. g. Remove unused tower equipment to reduce wind loading. h. Paint tower when require. i. Repair ground cabling as required. j. Perform install of tower equipment as needed. k. Perform any other tower work that may be required. 3.4 The contractor shall coordinate with the City's representative to determine a priority listing of all equipment that need immediate repair or replacement. No work shall be performed without advance approval of the City's representative. The contractor shall provide a written cost estimate for all labor, parts, and equipment to the City's representative prior to beginning any work. 3.5 Once a priority list has been prepared by the contractor and approved by the City's representative, the contractor shall begin work to repair all items listed. 3.6 The contractor shall perform a full visual inspection of each tower or structure prior to performing any work on the structure to insure a safe ascent. Contractor shall note the condition of the structure and record any structural defects. In all instances, industry safety standards must be followed by all parties. 3.7 The City of Lubbock makes no guarantee of continuation of tasks. There may be periods of time when no work is requested of the contractor. The City understands that all work requested by the City may be subject to the current work load of the contractor. The contractor shall make reasonable effort to schedule requested work in a timely manner for the City. The City shall make reasonable effort to schedule work in advance to avoid scheduling conflicts with the contractor. 3.8 After all requested work has been completed for any tower the vendor shall submit a full written report of overall condition of the structure, citing any deficiencies of the structure or peripheral equipment installed on or around the structure. 4 EMERGENCY REPAIR 4.1 Daring the time this contract remains in effect, the vendor shall provide emergency repair services upon request by the City's representative. 4.2 When possible, all work shall be performed during normal business hours, Monday through Friday between 8:00 A.M and 5:00 P.M. However, situations could arise that may require immediate assistance during nights, weekends, or holidays. Vendor shall maintain a commitment to provide repair services during the entire term of this contract. Regular and overtime rates shall be clearly stated in the bid and shall include all labor, truck, and equipment 59Nuab HWDORl11FFIS- 12224-TF.R DTowmMalnla e5miar I costs. Replacement items shall be quoted as the need arises. The vendor agrees that these stated charges shall apply when invoices are prepared. 5 SAFETY 5.1 Vendor shall be responsible for maintaining a safe worksite. All workers on each crew shall adhere to safety practices using industry standards and OSHA requirements, as minimum. Crew foremen may make additions or improvements to minimum safety standards if, in his opinion, the worksite will be safer by doing so. Safe work practice shall be enforced by the vendor's company representative. Workers that do not follow safe work practices shall be excused from the job and asked to vacate the premises. 5.2 City personnel that approach the job site shall adhere to the same standards as the crew performing the work. The crew foreman shall have the authority to request all persons on the job site to adhere to these standards or vacate the job site. 5.3 Vendor shall ensure that all workers on the job site are free of substance abuse. If the contractor has strong suspicion that any of their employees are under the influence of drugs or alcohol, it shall be the responsibility of the foreman to excuse the worker from further duty and dealt with according to the contractor's disciplinary procedures. If a City representative suspects use of drugs or alcohol by the Contractor or their employees, the City representative shall bring the matter to the attention of the firm's owner immediately. All bidders shall include information as to their respective company's substance abuse policy and / or random substance testing for their employees when bids are submitted to the Purchasing Department at bid closing. 6 JOB CLEANUP 6.1 Upon completion of all work at each work site, the vendor shall remove all debris and rubbish. No trash or discarded materials of any type shall be buried or left anywhere on the property. 6.2 All empty containers shall be properly disposed of according to manufacturer recommendations. 7 WORKMEN QUALIFICATIONS 7.1 The contractor shall ensure the following requirements for personnel and equipment to be enforced while working on City of Lubbock owned towers. a. The contractor shall famish a current and valid copy of their certification from a company qualified in certifying tower climbers (any qualified U.S. Company) with their proposal. In the event that the license expires during the term of the contract, it will be the contractor's responsibility to provide the owner with a copy of the updated license within fifteen (15) days of renewal. Failure to provide said copy shall be grounds for termination of the contract. b. Certified and/or main rated hoists are to be used. c. Certified and/or chartered gin poles are to be used. d. Certified and/or man rated man basket to take technicians up and down the tower as needed. e. OSHA approved climbers harness are to be used. f. The contractor must be able to provide evidence of insurance when working at all heights required by the City of Lubbock. S:%N m BWDom\RtY15.1222)-TF.RaCioTawaMawevrce5mias 12 g. Vendor has to be certified by TWR Lighting Systems to work on the Lighting Systems that are on the City of Lubbock Towers. 7.2 The contractor shall supply a minimum of three (3) commercial account references with their proposal. All references shall be firms with whom the offeror's has provided services in the past three (3) years. SITE ACCESS 8.1 Access to City facilities are controlled by City employees. Where applicable, vendors shall sign in before beginning work and sign out each work day. All workers on all crews shall be listed on the sign -in sheets. 8.2 Site access shall be gained through coordination with the City representative(s). The City representative shall provide access for the contractor by unlocking all necessary locks to allow the contractor sufficient access to perform requested work. The City representative shall ensure that all facilities are locked and secured at the end of each work day. PAYMENT 9.1 Upon completion of each work assignment, the Vendor shall provide full disclosure statements of work completed and total invoicing for the time period. Invoices shall accurately describe the correct location, materials expense, labor expense, and mileage expenses separately by line item and include a grand total for all work performed. Workmen names and titles shall also be listed on the invoice. 9.1 Within 30 days of invoice date, the City shall pay the invoice in full, barring any discrepancies. Any questions or discrepancies must be addressed immediately and resolved promptly between the Vendor and the City's representative. 10 COST PROPOSAL 10.1 Prices shall include travel required to and from respective sites. Offeror's pricing, per hour, shall include service call charge, all of the overhead overhead, including, but not limited to, trip related charges and mileage. Only the cost of the inspection, maintenance, repair will be paid under this proposal. The service is on an "as -needed" basis. The offeror shall submit pricing on Price Sheet. 10.2 The contract term shall be for an initial one (1) year period, said date of term beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for three (3) additional one (1) 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. The scope of work shall remain the same but may include any additional structures and equipment that may have been added by the City of Lubbock. The City does not guarantee any S:%Purch Bid Ooa\M 15 -12224 -TF, Radio Towa Mal trn Smim 13 specific amount of compensation, volume, minimum or maximum amount of services under this contract. 11 EVALUATION CRITERIA The following criteria will be used to evaluate and rank submittals: a) Workmen qualifications (20%) b) Safety method and emergency responses (15%) C) Record of performance based on previous work with the City and/or other client references. (30%) d) Cost (35%) 12 PROPOSAL FORMAT 12.1 Proposals should provide a straightforward, concise description of the Offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. 12.2 The proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. 12.3 If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal. 12.4 The proposal must be organized into the following response item sections and submitted in an indexed binder. Cover letter addressed to the Honorable Mayor and City Council that states the Offeror's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. ii) A description of the methodology to be used to complete the project to include, but not be limited to, how recommendations will be formulated and commitment of adequate appropriate resources to the project. iii) Offeror's specific expertise in areas pertinent to the project to include a listing and brief description of similar projects completed (with the dates of completion) or in progress and a list of references by name, address, and telephone number for each project listed. This list of projects in progress shall include the phase of work that each project is currently in (i.e. design, bid, construction), and the estimated completion date. iv) A brochure of past work, with emphasis on comparable projects. v) List of principal(s) of the Proposer and amount of time that principal(s) will be involved in the project. vi) List of other professionals to be used, if applicable, with a record of experience in projects of this nature. Identification of principal(s) and percentage of time the principal(s) will be S:'Pwc BW Doul 15 -1U24 -TF. Radio T..c Maivrn 5 is 14 involved in the project. vii) The organizational structure of the employees who will be assigned to this project along with resumes of those individuals. If a joint venture is expected, then provide the organizational structure of the sub -contractor and resumes of those persons who will be involved in the project. viii) The Proposer must assure the City that he/she will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances including, but not limited to the Davis -Bacon Federal minimum wage requirements. ix) Describe the Offeror's methodology for handling errors and omissions. x) Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. This would apply to the Proposer as well as consultants subcontracted by the Proposer. xi) Any material which the proponent wishes to submit and which is not specifically requested in the above categories. xii) Offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal. It is also the desire of the City that the City of Lubbock program serve, as much as practicable, to stimulate growth in all sectors of the local business community. Describe how your firm would facilitate this process, and provide any relevant information about similar efforts on previous projects. S:��BN Dad 154Mi TF. Radio Tow>Nauveiunc<Sm. 15 EXHIBIT B BEST AND FINAL City of Lubbock, TX RFP 15 -12224 -TF Radio Tower Maintenance Services Price Sheet ITEM DESCRIPTION HOURLY RATE Work Hours 1. Monday — Friday from 8:00 a.m. — 5:00 p.m. $85.00 per man hour with two man minimum. $75.00 per man hour for more than two men 2. Weekend Hourly Rate $127.50 per man hour till midnight on Sunday, then price is $170.00 per man hour. 3. After Hour Rate $127.50 per man hour 4. Emergency Rate $170.00 per man hour EXHIBIT C City of Lubbock, TX RFP 15 -12224 -TF Radio Tower Maintenance Services III. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. 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 coverages 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. SECTION C. 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): TYPE 1. Worker's Compensation or Occupational Accident (Non Subscriber) AND Employers Liability AMOUNT Statutory $1,000,000/person and $3,000,000 Aggregate $1,000,000 2. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments 3. Comprehensive Automobile Liability insurance a. Owned/leased vehicles b. Non -owned vehicles c. Hired vehicles Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent. Combined single limit of $1,000,000 including bodily injury and property or its equivalent. The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. S:\Nr l BW DoWM 154222448. Radio Towc Mamtm cc Sem 17 ADDITIONAL POLICY The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13'h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. S:%Padux+BW DMRFP 1S=l TF. Rano Towa Mauna Smi 18