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HomeMy WebLinkAboutResolution - 2017-R0257 - Space Savers Inc. - 07_27_2017Resolution No. 2017-RO257 Item No. 6.18 July 27, 2017 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 Professional Service Contract No. 13397 by and between the City of Lubbock and Space Savers, Inc., for Alternate Daily Cover for Landfill, 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 July 27 , 2017. DANIEL M. POPE, MAYOR ATTEST: 0, -�" jX - - -) Rebe ca Garza, City Secretar APPROVED AS TO W Scott Snider, Assistant City Manager APPROVED AS TO FORM: Amy L. Sims, D rty Attorne RESTSContract-Nbr 13397-Space Savers, Inc. (7-11-17) Resolution No. 2017-RO257 City of Lubbock, TX Contract For Alternate Daily Cover for Landfill Contract 13397 THIS CONTRACT made and entered into this 27th day of July, 2017, by and between the City of Lubbock ("City"), and Space Savers, 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 terms and conditions contained herein. 3. The contract shall be for a term of 5 years, 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. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. The rates may be adjusted upward or downward each year 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 year. Written consent from both parties is required for all price adjustments. 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. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 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. 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. 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. 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 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. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, 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 contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of contract beyond the date of termination. 10. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 11. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17- 13397-KM, Specifications, and the Bid Form. 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 Daniel M. Pope, Mayor ATTEST: Reb cca Garza, City Secret DROVED AS TO CO T SIT: Catrennia Williamson, Solid Wast Manager APPRO ED AS O NTENT- Scott Snider, Assistant City Manager Representative Kevin T. Carel Print Name 136 Pecan Street Address Keller, Texas 76248 City, State, Zip Code BID FORM Alternate Daily Cover for Landfill City of Lubbock, TX ITB 17-13397-KM In compliance with the Invitation to Bid 17-13397-101, 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 alternates 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 17-13397-KM is by reference incorporated in this contract. The Bid Form .a+U. a.tnrnd ', kh— nr id.pir ink nr by tvnewriter. ■..uaa w a,uu• ITEM DESCRIPTION ANNUAL QTY (+/-) U/M UNIT PRICE* BID' EXTENDED COST Delivery Days A B A x B= C ARO** Alternate Daily Cover (Slung 1. mix) as per attached 1,760 50 lb S 14.50 S 25,520.00 20 specifications. Bags Manufacturer and/or Brand Name of Product: Quick Cover Alternate Daily Cover *PRICE: F.O.B. Destination, Freight Pre -Paid and Included in bid price *"Days After Receipt of Order (ARO) Quotes must be submitted on this form to be valid. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ 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 We 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 X 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 materias/services under the contracts) 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 respunsiblc for another governmental entity's debts. Each governmental entity will order their own materials, service as needed. THIS BID IS SCIB%IIT-FED BY Space Savers, Inc. a corporation organized tinder the laws of the State of Texas , or a partnership consisting of N/A or individual trading as N/A of the Cite of N/A Firm: Space Savers, Inc. Address: 136 Pecan Street City: Keller State: Texas /il, 76248 Bidder acknowledges receipt of the following addenda Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman Hispanic America By Au :1 Representalive - nru.r1 sign by hand Officer Name and Title: Kevin T. Carel Please Prim Black American I I Native American Asian Pacific Americl I Other (Speei6') Mav 22, 2017 Business Telephone Number (817) 480-1955 FAX: (817) 337-0041 E-mail Address: Kevin@SpaceSaversADC.com FOR CITY USE ONLY Bid Form Item Number(s) .Awarded to Above Named Firin Individual: Date of Award by City Council (j)r big/s over S 5,000): 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 ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Specifications for Alternate Daily Cover for Landfill The City of Lubbock is soliciting bids to establish 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. • Have the capability of being 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: • Safety Data Sheet (SDS) 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, at no additional cost to the City. 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 5 years, 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. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. Rate Change: The rates may be adjusted upward or downward each year 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 year. Written consent from both parties is required for all price adjustments. 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. CERTIFICATE OF INTERESTED PARTIES FORM 1.295 lofl Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2017-235074 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Space Savers, Inc. Keller, TX United States Date Filed: 07/11/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the Idendfication number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17-01 Provide Alternate Daily Cover 4 Name of Interested Pa Party City, State, Count lace of business y Country (p ) Nature of interest (check applicable) Controlling Intermediary City of Lubbock Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above di closure is true and correct. IsCYNTHIA t_ BACON .� My Commission l.xpims `J/I June 30, 201 a Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE Sworn to and subscribed before me, by the said sl this the /z day of ya 20�_, to certify which, witness my hand and seal of office. LI-E�—�2con LHtM& t RaCOn t I� nature of officer administering oath Print4d name of officer administering oath Title of offi8er administering oath Forms provided by Texas Ethics Commission www.etnics.state.tx.us versiun vi.u.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-235074 Date Filed: 07/11/2017 Date Acknowledged: 07/12/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Space Savers, Inc. Keller, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17-01 Provide Alternate Daily Cover 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary City of Lubbock Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vl.v.aa,s