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HomeMy WebLinkAboutResolution - 2010-R0494 - Contract (No. 9785) Water Treatment Plant - South Plains Communications - 10/14/2010Resolution No. 2010—RO494 October 14, 2010 Item No. 5.5 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. 9785 for Water Treatment Plant Point -to -Point Radio System per RFP 10 -100 -FO, by and between the City of Lubbock and South Plains Communications 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 _ October 14, 2010 TOM MARTIN, MAYOR ATTEST: APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations fficer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs RES.Contract-South Plains Communications September 29, 2010 Resolution No. 2010—R0494 SERVICES AGREEMENT This Services Agreement (this "Agreement') is entered into as of the 14TH day of October, 2010 ("Effective Date") by and between South Plains Communications of Lubbock, Texas (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals (RFP 10 -100 -FO) for Water Treatment Plant Point to Point Radio System. 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 Water Treatment Plant Point to Point Radio System 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. General Requirements 3. Exhibit A -South Plains Communications Best and Final Offer 4. Exhibit B — Insurance Requirements Article 1 Services. 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 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 non -appropriation 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 Seller 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 Texas 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 lie 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 Ply 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 thirty (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. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. City of Lubbock, Texas Tom Ma in, Mayor APPROVED AS TO CONTENT: Marsha Reed, Chief OperationsOffi er APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney South Plains Communications By: Name: Jay pns Title: Pr ident Resolution No. 2010—RO494 GENERAL REQUIREMENTS INTRODUCTION AND OVERVIEW The City of Lubbock is issuing a 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. 1 INTENT 1.1 The City of Lubbock is seeking proposals from qualified data radio installation and repair professionals to replace an existing licensed point-to-point radio system for data communication between the Water Treatment Plant in Lubbock, Texas and the water wellfield located in Bailey and Lamb counties. 1.2 Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. 1.3 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. 1.4 Site visits for the purpose of proposal preparation will be allowed with a minimum of 24 hours notification. Site visits will only be conducted during normal business hours which are defined as Monday through Friday from 8:00 am to 5:00 pm. A staff member from the City of Lubbock Water Utilities Department will be present during all site visits. Site visits can be scheduled by contacting Felix Orta (806) 775-3150. 1.5 Site visits will not be allowed five (5) business days prior to the proposal closing date. 2 BACKGROUND 2.1 The length of the entire data link is approximately 75 miles, comprised of five segments. The segments are as follows: 2.1.1 Water Treatment Plant in Lubbock to the Shallowater station 2.1.2 Shallowater station to Littlefield station 2.1.3 Littlefield station to Amherst station 2.1.4 Amherst station to Sudan station 2.1.5 Sudan station to Well #245 station 2.2 Each station listed are monitored and controlled at the Water Treatment Plant. The points are monitored and controlled by means of a programmable logic controller (PLC) interface at each station. These points are: Shallowater • Feet of head pressure - analog • Open and close valve status for the 12", 18", and 30" valves • Control points to select valve in control • Chlorine residual — analog • Water in station alarm — status In addition to the points listed above, the following Remote Terminal Units (RTU's) interface with the PLC at Shallowater via spread spectrum radio: • City of Shallowater reservoir level - analog • Lift Station #55 high wet well alarm status • Lift Station #47 high wet well alarm status • Shallowater Booster Station • Reese Center Littlefield • Feet of head pressure - analog • Open and close valve status for the 12", 18", and 30" valves • Control points to select valve in control • Chlorine residual — analog • Water in station alarm - status Amherst • Feet of head pressure - analog • Open and close valve status for the 12", 18", and 30" valves • Control points to select valve in control • Chlorine residual — analog • Water in station alarm — status Sudan • This station is the primary operating control station for the Bailey county wellfield. All data monitoring and control points for the wells and the Sudan pump station are processed primarily at this location. However, all data is similarly monitored and controlled by the control room located at the Water Treatment Plant in Lubbock. This control station also communicates with the last segment, Well #245. Sudan station has monitoring capabilities for the valve station data at Shallowater, Littlefield, and Amherst stations. They currently do not have any control capabilities for these stations. Sudan does not currently monitor or control any data at the Water Treatment Plant in Lubbock. 3 SCOPE OF WORK 3.1 Offeror shall fully evaluate the existing system and gather necessary data to determine the most reliable means of passing data back and forth between Lubbock and Sudan pump stations. This may be accomplished by any combination of field surveys, interviews with City of Lubbock maintenance and operations staff, and component evaluations. 3.2 Offeror shall evaluate existing towers, antennas, cabling, connectors, and interface equipment to determine compatibility with the proposed system. Recommendations for component replacement shall be included in the proposal. Towers will not be replaced or modified under the scope of this project. 3.3 Offeror shall perform any radio path surveys deemed necessary to ensure optimal performance of the data link after completion of the project. 3.4 After completion of the system analysis, the Offeror shall submit up to three options of radio systems with their proposal and may present these options to a selection committee under the guidelines of section 15.4 of the Instructions to Offerors, comprised of select City of Lubbock staff members. The Offeror shall be prepared to provide information that clearly defines their opinion of the best option(s) they believe will provide the best value to the City of Lubbock. These options may or may not include systems that utilize the existing point-to-point license already held by the City of Lubbock. 3.5 The Offeror shall provide all new radio equipment, antennas, cabling, connectors, interface equipment and other associated hardware to establish a communication link between all sites. All existing programmable logic controller (PLC) and human machine interface (HMI) equipment shall remain in place and not included for replacement during this project. All products must be new and current production models. Equipment about to be discontinued will not be accepted. 3.6 The Offeror shall provide all labor, tools, and equipment to perform the installation of all equipment. Offeror shall thoroughly test all components to insure the system operates as it was proposed. All control, analog, and status points that are currently monitored on the SCADA system through the point-to- point link must be proven to be fully functional and accurate. 4 EVALUATION CRITERIA 4.1 An evaluation committee comprised of City staff members shall evaluate all proposals and shall compare each proposal to the selection criteria listed below. The following criteria will be used to evaluate and rank submittals. 4.2 Cost and estimated time of contract completion including commitment for successful completion of the project. (60%) 4.3 Understanding of the project including completeness and reasonableness of the offeror's plan to provide the required services. This shall include general comments concerning the particular way in which the firm would approach the assignment, References and Safety Record. (20%) 4.4 Substantiated representation regarding the proposer's' technical capabilities and professional competence to accomplish the required work. (20%) 7 ® a� CERTIFICATE OF LIABILITY INSURANCE DATE)MM/DD/YYYY) 05/20/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certlficate holder in Ileu of such endorsement(s). PRODUCER Ashmore & Associates Insurance Agency, LLC 6102 82nd Street, Building 6 Lubbock, TX 79424 CONTACT NAME: PHONEn/c Not:806-771-4382 o t ADDRESS: PRODUCER C INSURERS AFFORDING COVERAGE NAIC tt INSURED South Plains Communications DBA: J.P. Jenkins, Inc. 5811 W 34th Street Lubbock, TX 79407 INSURER A: Association Casualty Insurance Co INSURER B: Texas Mutual Insurance Co INSURERC: INSURER D: INSURER E INSURER F: f-ro rr Elf-A'M 1,111MCCD• RFVImION NumkstK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIUDDDNYYY LICY EFF MMIDD/YYYY LICY EXP LIMITS A GENERAL LIABILITY CMP0101212-05 05/20/2010 05/20/2011 EACH OCCURRENCE s DAMAGE TO RENI hu_ COMMERCIAL GENERAL LIABILITY(—� CLAIMS -MADE 1 OCCUR I PREMISES Ea occurrence $ MED EXP (Any one person) i 5,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG i S POLICY PROT LOC ,{ AUTOMOBILE LIABILITY CAP0201034-05 05/20/2010 05/20/2011 COMBINED SINGLE LIMIT f 1,000,000 (Ea accident) ANY AUTO F_ F_ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS X X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) S X NON-OWNEDAUTOS $ A X UMBRELLA LIAR EXCESS LIAB X I OCCUR CLAIMS -MADE j_ r UMB0501201-10 05/20/2010 05/20/2011 EACH OCCURRENCE f 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE $ I I $ RETENTION S 10.000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE TSF0001159153 05/20/2010 05/20/2011 X wC STATu- oTH- E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYE f OFFICERIMEMBER EXCLUDED? F—] (Mandatory In NH) NIA E L DISEASE - POLICY LIMIT f 1 00 000 f yes, describe under PPnVlc;lr)Nq halaw �1cZP;:r1A1 jj r _T DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder is shown as additional insured and provided with waiver of subrogation on the General Liability and Auto Liability as required by written contract or agreement. A waiver of subrogation is provided on the Workers' Compensation as required by written contract or agreement. General Liability provides Primary Additional Insured. City of Lubbock PO Box 2000 Lubbock, TX 79453 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988- 2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Resolution No. 2010—RO494 EXHIBIT A Created by: •y------�- Jay Jenkins Sr. -..Ls_ -- —�--- 5811 W. 34th St AC {� M M U N 1� A T t C� hl 8 Lubbock, TX 79407 (806) 795-5823 PROPOSAL FOR: Date: 8/23/2010 City of Lubbock Water Treatment Plant Felix Orta, Senior Buyer 1625 13th Street Rm 204 Lubbock, Texas 79401 Phone: 806-775-3150 Fax: RFP #10-100FO BAFO ITEM QTY. MODEL AND DESCRIPTION UNIT PRICE EXTENDED PRICE 1 1 Complete 4.9 Intrepid System from Lubbock Water Treatment Plant 121,264.00 To Shallowater tower site, to Littlefield tower site, to Amherst tower site, to Sudan tower site.( less Sudan to Well 245 tower site) The City of Lubbock will register or license the 4.9 system for the point to point sites. With the Armored UTP cable for each radio at each location. Price includes trade-in allowance of equipment and removal of all of the LEDR equipment and antennas at each site. This system is with dual radio and hot stand-by features Optional equipment Cat 5 lightning suppressers out side and inside 6,400.00 Radome antenna covers for wind loading and icing 2,400.00 Equipment Total All equipment listed will be fully installed, all travel is included, and all shipping is included. SPC will stock a spare unit for the City of Lubbock. All equipment carries a full year warranty from the manufacturer. ❑x Tax Exempt Total Sales Tax Grand Total 121,264.00 Proposal is valid until 10/22/2010 Felix Orta, Senior Buyer 1:0.4343owe3 Resolution No. 2010-RO494 Water Treatment Plant Point to Point Radio System CITY OF LUBBOCK, TEXAS RFP 10 -100 -FO II. INSURANCE REQUIREMENTS SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the additional insured endorsement, 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 AMOUNT 1. 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 to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General Liability Per Occurrence: $1,000,000 General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability: $300,000 Any Auto 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 to include Products and Completed Operations. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS 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. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 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, Purchasing Manager City of Lubbock 1625 13`h Street, Room L04 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.