HomeMy WebLinkAboutResolution - 2007-R0349 - Contract - Marian Moss Enterprises - Litter Control And Disposal - 07_26_2007Resolution No. 2007--RO349
July 26, 2007
Item No. 5.24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor Pro Tem of the City of Lubbock to execute a Contract by and between the City of
Lubbock and Marian Moss Enterprises of Lubbock, Texas, for litter control and disposal
for baseball and softball fields, which Contract and any associated documents, are
attached hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 26th day of July , 2007.
d—
GILBREATH, MAYOR PRO TEM
ATTEST:
Q:t5" , , -9---\ - "-�
Rebec a Garza, City Secretary
APPROVED AS TO CONE
U i-- VvI
Scott Snider
Assistant City Manager/Community Services
APPROVED AST FORM:
Vandiver, Attorney of Counse
DDreslMarianMossEnterprises07ConAes
July 19, 2007
Contract Number: 7886
Resolution No. 2007-RO349
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 and Disposal for Base Ball and
Soft Ball Fields 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 July 26, 2007 and terminate on December 31,
2007,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.
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.
[XI Provider is not a state agency.
The Provider must provide CITY OF LUBBOCK with evidence of insurance coverage
as follows:
I.
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 $500,000 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 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
$200,000 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
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states that the policy shall be primary and non-contributory with respect to any
insurance carried by the contractor.
Automobile liability with a limit of $200,000 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.
Article 6. Indemnification
The Provider and the T1BH 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 S. Remedies
Violation or breach of the terms of this agreement by the Provider or the TIBH shall be
grounds for tenmination 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.
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.
4
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 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 base ball or soft ball fields.
5
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:
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.
r
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.
1011 53"d '/2 Street
Austin, Texas 78451
The Payee Identification Number is: 17522473119001
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.
CITY OF LUBBOCK
Tim Gilbreath, Mayor Pro Tem
ATTEST:
Rebe ca Garza, City Secrets
APPROVED AS TO CONT T:
<�O- ovus
Scott Snider
Assistant City Manager / Community
APPROVED AS TO FORM
l
Assistant ity Attorne
MARIAN MOSS ENT RP ISES
_ �4.c.,. r�V
Mike McDaniel
ATTEST:
Corporate Secretary
TIBH, INC
Larry Argee
Services Marketing Representative
Resolution No. 2007-RO349
ATTACHMENT A
SCOPE OF WORK
1. DESCRIPTION:
To remove and dispose of litter for Base Ball and Soft Ball Fields . 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 Base Ball and Soft Ball Fields 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 fields 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. Litter Control and Disposal for Base Ball and Soft Ball Fields
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. After the crew finish picking up the litter in the base ball and soft bail
feilds that are scheduled for that mowing day. Provider would supply the
transportation for the crews to and from the park or property sites.
E
Provide for emptying the litter barrels in the base ball and soft ball fields 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:
Base Ball and Soft Ball Fields 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 base ball or soft ball fields scheduled for mowing in a one week time frame. Other
Base ball and soft ball fields 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 base ball or soft ball fields.
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 0 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
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
10
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.
11
ATTACHMENT B Resolution No. 2007-RO349
Item Quantity Sheet
ITEM
Group I -A Class B
Litter Control Service Locations
No. of
(Cycles Approximate)
Cost Per
Cycle
Contract
Price
1.
N. Mackenzie Connie Mack
Hardball Field
130
27
3,510.00
2.
N. Mackenzie Fast Pitch Baseball
Fields
130
27
3,510.00
3.
N. Mackenzie Softball Fields 5, 6,
&7
130
29
3,770.00
4.
Helen Hodges Baseball Fields
100
27
2,700.00
5.
Maxey Little League Fields
100
27
2,700.00
6.
Maxey Pony Field
100
27
2,700.00
GROUP 1-A, CLASS B TOTAL
$18,890.00
ITEM
Group 1-B Class B
Litter Control Service Locations
No. of
(Cycles Approximate)
Cost Per
Cycle
Contract
Price
1.
Hamilton Softball Field
130
27
3,510.00
2,
Stubbs Softball Fields
130
27
3,510.00
3.
Hood Softball Fields
130
34
4,420.00
4.
Lewis Little League Baseball
Fields
100
44
4,400.00
5.
Cavazos Baseball Fields
100
52
5,200.00
6.
MLK Little League Baseball Field
100
27
2,700.00
GROUP 1-13, CLASS B TOTAL
$23,740.00
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EXHIBIT 1:
PAYMENT REQUEST FOR LITTER CONTROL AND DISPOSAL AT BASE BALL
AND SOFT BALL FIELDS
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
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