Loading...
HomeMy WebLinkAboutResolution - 2010-R0562 - Contract 9840 D&H Petroleum & Environmental Services RFP 10-120-RH - 11/04/2010Resolution No. 2010-RO562 November 4, 2010 Item No. 5.12 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 Service Contract for fuel dispensers for the Municipal Hill fuel site per RFP 10-120-RH, by and between the City of Lubbock and D & H Petroleum & Environmental Services of Lubbock, Texas, and related documents. Said Service 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 November 4, 2010 TOM MARTIN, MAYOR ATTEST: Rebe Garza, City Secret APPROVED AS TO CONTENT: Q-141" ��� Mark Aearwodif, As-siAtant City Manager Chief Information Officer APPROVED John vw:c&klocs/RF,S. ontract-D & H Petroleum October 21, 201 Resolution No. 2010—RO562 City of Lubbock, TX SERVICE AGREEMENT Fuel Dispensers for Municipal Hill Fuel Site RFP 10-120-RH Contract No. 9840 This Service Agreement (this "Agreement") is entered into as of the 4TH day of, November 2010 ("Effective Date"), by and between D & H Petroleum & Environmental Services (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 10-120-RH for Fuel Dispensers for City of Lubbock Municipal Hill Fuel Site. 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 Fuel Dispensers and installation for the City of Lubbock Municipal Hill Fuel Site 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 and Intent 3. Exhibit B — Pricing Scope of Work 4. Exhibit C — Insurance requirements ARTICLE I SERVICE 1.1 Contractor agrees to perform those services for the City that are specified on Exhibit B (the "Services") and attached hereto. The City of Lubbock will issue a Notice to Proceed after the Contractor notifies the Fleet Services Manager that all goods and materials have been received. The Contractor will have 30 days to complete the project after notice is issued. 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. 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 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 II 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 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 eN�ent 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, TX: Tom Martin, Mayor ATTEST: 3K� Rebe Garza, City Secreta C� C�acton: ," OIXAkw Name and Title: -)ySa-/ -e-1-0 ,sl2' Address, City, State and Zip APPROVED AS TO CONTENT: �m ol zief Mark earwood, ief In ormation Officer Assistant Citv Manager Resolution No. 2010-RO562 Exhibit A City of Lubbock, TX Purchasing and Contract Management Fuel Dispensers for Municipal Hill RFP 10-120-RH II. GENERAL REQUIREMENTS SCOPE OF WORK SPECIFICATIONS AND SCOPE OF WORK FOR 3 (THREE) FUEL DISPENSERS INTENT The City of Lubbock is seeking proposals from interested firms and individuals, to furnish and replace the existing fuel dispensers which are over 20 years old with new fuel dispensers. Labor and materials to replace existing fuel dispensing units with new units 1.(2) Two, Unleaded fuel, Dual hose, single product, side load, fuel dispenser with hose, nozzle, swivel and internal hose retriever, safety brake and electro -magnetic totalizers and pulsars. 2.(1) One, Diesel fuel, Dual hose, single product, side load, HI Flow fuel dispenser with hose, nozzle, swivel and internal hose retriever, safety brake and electro -magnetic totalizers and pulsars. FUEL DISPENSERS 1. Pulsars, 100:1, Gallon, maximum 23 gallons per minute (UNL); 50 gallons per minute (DSL) 2. Lighted dial covers 3. Internal filters, standard, 30 micron 4. Each diesel hose- 1" inside diameter; minimum 12' Length, with " whip hose. 5. Each gas hose -3/4" inside diameter, 9' length with 8" whip hose 6. Breakaway hose devices 7. High hose retractors for each hose with steel cables SITE WORK Municipal Hill - 220 Municipal Drive, Lubbock, TX 1. Remove and dispose of existing dispensers 2. Install new dispensers 3. Clean up job sites 4. Calibrate dispensers/meters 5. Program new dispensers to existing Fuel Master Accounting System 6. Test equipment and put into operation 7. Provide training as required ADDITIONAL SITE WORK REQUIRED 1. Replace current Veeder-Root with new TLS -450 Veeder-Root or city approved equal including all probes, sensors and floats. Integrate into city's network. Install all new wiring. System must include electronic line leak detectors and 24 hour continuous tank testing. 2. Replace all three (3) submersible pumps, with a minimum 3/4 HP for the two (2) unleaded tanks and a minimum of 1 % HP for the diesel tank and replace relays. Install all new wiring. 3. Saw cut and breakout old concrete; remove existing above ground wiring and concrete and dispose of. Replace and run all new wiring for the fuel dispensers and integrate with the city's current on-site fuel management system, Fuel Master. Replace the concrete that was removed in the process System must be fully tested and approved by Syn -Tech and the City of Lubbock. SPECIAL CONDITIONS Contractor will notify TCEQ 30 days prior to beginning work and will notify TCEQ upon completion of work. Vendor must be in compliance at all times with current EPA and TCEQ regulations during the course of the fuel dispenser project and clean up. Two day prior notice of work schedule. Job site available Monday -Thursday 7:OOam to 5:OOpm 24 hour service response from qualified contractor To arrange inspection of the job sites call Tom Vasko, 806-775-2175 Resolution No. 2010-RO562 Petroleum & Environmental Services Pricing Scope of Work Excavation — By sub contractor Exhibit B $ 2,044.61 - Concrete and asphalt removal and disposal - Ditches for replacing electrical conduit running to the submersible pump and tank probes. Sawcut and break out concrete from that area and haul off material, - Excavate area that has been broken out and haul off the excavated dirt. Tank Valves / Fittings / Hardware $ 7,389.32 - Provide and install (3) manholes for the new submersible pumps - Provide and install (3) manholes for the new probes being installed - Provide and install (2) % HP submersible pumps and (1) 1-1/2 HP submersible pump - Provide and install (3) leak detectors on submersible pumps - Provide and install (3) isotrol control boxes with relays for the submersible pumps Backfill Material $ 1,664.15 - Replace excavated material in ditches with peagravel Dispensers and Dispenser Freight $14,321.71 - Provide and install (2) Gasboy dispensers, twin — one product, 22 gallons per minute - Provide and install (1) Gasboy dispenser, twin — one product, 40 gallons per minute Pipe fittings / Sumps / Hardware $ 967.21 - Provide and install (3) Flex connectors, 2"x18" Flex Flo - Provide and install dispenser fittings Hoses /Nozzles / Swivels /Hose Handler $ 3,137.21 - All the above are to be installed on! iSpdnSe Automatic Tank Gauge $16,792.75 - Provide and install (1) new Veecier-'K50 console and (3) tank probes EI Paso 1221 Tower Trail EI Paso, Texas 79907 Phone: (915) 859-8150 Fax: (915) 858-4263 Albuquerque 4400 Anaheirn Albuquerque, NM 87113 Phone: (505) 342-2024 Fax: (505) 342-2109 Amarillo 2401 Ridgemere Blvd. Amarillo, Texas 79107 Phone: (806) 373-4251 Fax: (806) 373-4252 Farmington 907 South Hutton Rd. Farmington, NM 87401 Phone: (505) 325-7400 Fax: (505) 325-2309 Midland/Odessa 4319 S. County Rd. 1290 Odessa, Texas 79765 Phone: (432) 563-1132 Fax: (432) 563-1134 LICENSED IN: TEXAS-CRP00091, NEW MEXICO -010673, ARIZONA -108354 Web Site: wwwAhpump.com Lubbock 2307 Clovis Rd. Lubbock, Texas 79415 Phone: (806) 762-2428 Fax: (806) 762-2426 Petroleum & Environmental Services - New TLS 450 includes Continuous static leak detection, pressurized line leak detection, and a probe module board Electrical — by sub contractor $ 16,187.50 - Run new conduit and wire from building to the dispenser island and then run new wire and conduit to the submersible pumps and probes Concrete — by sub contractor $ 3,125.00 - Replace removed concrete from tanks to dispenser islands Asphalt —by sub contractor $ 1,125.00 Replace removed asphalt from dispenser island to equipment building Equipment Rental $ 1,305.00 - Rental equipment required includes concrete saw blades and saw, air compressor, and Bobcat Equipment Start Up and Labor $ 2,988.22 - Program tank probes to new TLS 450 tank gauge system - Program new gasboy dispensers to existing card readers Trick Useage and Installation Labor $ 12, 554.49 - Install submersible pumps, probes, dispensers, and assist with installation of electrical EI Paso 1221 Tower Trail EI Paso, Texas 79907 Phone: (915) 859-8150 Fax: (915) 858-4263 Albuquerque 4400 Anaheim Albuquerque, NM 87113 Phone: (505) 342-2024 Fax: (505) 342-2109 l ABt i Amarillo 2401 Ridgemere Blvd. Amarillo, Texas 79107 Phone: (806) 373-4251 Fax: (806) 373-4252 Farmington 907 South Hinton Rd. Farmington, NM 87401 Phone: (505) 325-7400 Fax: (505) 325-2309 Midland/Odessa 4319 S. County Rd. 1290 Odessa, Texas 79765 Phone: (432) 563-1132 Fax: (432) 563-1134 LICENSED IN: TEXAS-CRP00091, NEW MEXICO -010673, ARIZONA -108354 Web Site: www.dhpump.com Lubbock 2307 Clovis Rd. Lubbock, Texas 79415 Phone: (806) 762-2428 Fax: (806) 762-2426 Resolution No. 2010-RO562 Exhibit C City of Lubbock, TX Purchasing and Contract Management Fuel Dispensers for Municipal Hill RFP 10-120-RH INSURANCE REQUIREMENTS 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 frill 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. General Liability 0 Occurrence 2. Automobile Liability Mx Any Auto 3. Workers Compensation Employers Liability AMOUNT $1,000,000 Products - Comp/Op AGG Personal & Adv. Injury Contractual Liability Combined single limit for $500,000 $500,000 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. 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 proposal 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`" 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.