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HomeMy WebLinkAboutResolution - 2010-R0617 - Contract 9891 Trademark Hoist & Crane Renovation Of Overhead Lifiting System - 12/15/2010Resolution No. 2010-RO617 December 15, 2010 Item No. 5.22 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 Agreement for water pumping stations overhead hoist and bridge crane renovations, per RFP 10 -123 -FO, by and between the City of Lubbock and Trademark Hoist and Crane of Pomona, CA, and related documents. Said Service Agreement 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 December 15, 2010 / Aorw - TOM MARTIN, MAYOR ATTEST: i 4Recca Garza, City Secre APPROVED AS TO CONTENT: h) a XAA-L- U d � Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Agreement-Trademark Hoist & Crane November 30, 2010 Resolution No. 2010-RO617 SERVICES AGREEMENT This Services Agreement (this "Agreement") is entered into as of the 15TH day of December, 2010 ("Effective Date") by and between Trademark Hoist and Crane of Pomona, California (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals (RFP 10 -123 -FO) for Water Pumping Stations Overhead Hoist and Bridge Crane Renovations. 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 Pumping Stations Overhead Hoist and Bridge Crane Renovations 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 -Trademark Hoist and Crane's 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 County, 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 e �-- �4�, h Tom Martin, Mayor ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: 22142A-Ai��-- Marsha Reed, Chief Operations Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Trademark Hoist and Crane Name ike Men oz Titl : President Resolution No. 2010—RO617 Water Pumping Stations Overhead Hoist and Bridge Crane Renovations CITY OF LUBBOCK, TEXAS RFP 10 -123 -FO GENERAL REQUIREMENTS 1.0 INTENT 1.1 The City of Lubbock owns and operates multiple water pumping stations that are equipped with manual chain overhead hoist and bridge crane systems located within the city limits of Lubbock, Texas. 1.2 The City of Lubbock is seeking to secure proposals from qualified firms for the renovation of manual hoist and bridge crane systems located at 6 (six) water pumping stations. Proposals will include both the acquisition and installation of required components as outlined. 1.3 The Offeror shall be a licensed distributor of the proposed equipment. Offeror shall have full capability to provide pricing estimates upon request, consultation regarding existing and future installation work, including product and installation recommendations, and shall have the expertise to fully engineer and install such systems. 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 or by email f6rt4Drnylubbock.us . 1.5 Site visits will not be allowed five (5) business days (September 9, 2010) prior to the proposal closing date. 1.6 Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. 1.7 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. 2.0 SCOPE OF WORK 2.1 Under the provisions of this contract, the Offeror shall provide all required components and materials, labor, equipment, tools, vehicles, and industry standard safety gear to perform required installation. 2.2 The Offeror shall remove a total of seven (7) existing manual chain hoists, trolley systems, and associated components located at six (6) individual water pumping stations located within the City of Lubbock. Offeror shall provide seven (7) overhead electric motor driven hoists with required trolley systems as replacements. Replacement units must at a minimum meet the rated capacities of existing manual chain hoist systems currently in place. All of the existing hoist systems are rated at 6 tons. Pump Station #7 has two individual hoists and bridge crane systems. Overhead hoist hook height must allow enough range of motion to allow equipment to be moved and lowered to landing areas adjacent to outside dock areas. 2.2 In addition to the replacement of existing hoists, required electric motors and components will be furnished and installed by Offeror on existing bridge crane systems to allow existing manual chain systems to be motorized to include the trolley and bridge crane system. The addition of the required electric motors and components will be installed as to not restrict the range of motion of the existing bridge crane systems. 2.3 Two speed controllers are required for the overhead hoist and single speed controllers for trolley and bridge crane. 2.4 All electrical wiring will be installed in a neat and orderly fashion as not to hamper the movement of hoist or bridge crane systems. The location of final tennination to electric power supply within the pumping station as well as the final tennination will be perfonned by the City of Lubbock. Electrical power requirements are site specific for individual pumping stations. Power requirement data will be acquired during scheduled site visits. 2.4.1 Offeror shall be responsible for providing all materials, labor, and equipment to completely install electrical components of the hoist and crane systems. This shall be limited to the installation of the electrical track and all necessary wiring between the track and hoist. The electrical track shall be installed in straight parallel lines with the bridge system and shall be securely fastened using manufacturer recommended hardware fastening systems. Track system shall be installed in a manner that does not interfere with full operation of the crane and hoist. 2.4.2 Offeror shall provide and install a NEMA 1 tennination box at a location on one end of the track that is in closest proximity to the building's electrical panel from which the branch circuit will originate. The termination box shall be large enough to allow final wiring termination without causing damage to any conductors. All wiring connection points feeding the track system shall be brought inside the NEMA 1 tennination box. 2.4.3 Since voltage requirements are site specific, the Offeror shall provide hoist and crane systems with operating voltages that are compatible with each respective location. 2.4.4 Offeror shall provide manufacturer branch circuit requirement information as a part of their proposal. 2.4.5 City of Lubbock electrical staff will perform all required conduit installation, conductor sizing and installation, and branch circuit protection for the hoist system. City of Lubbock electrical staff will adhere to the branch circuit sizing as recommended by the manufacturer. 2.4.6 City of Lubbock electrical staff will make the final termination inside the NEMA 1 tennination box supplied by the Offeror. Offeror shall coordinate with City of Lubbock staff to detennine proper motor rotation. Any necessary corrections will be made by City of Lubbock staff. Contractor shall direct when electrical power is to be applied to the hoist and crane system. When so directed, the City of Lubbock electrical staff shall apply power to the hoist system. Contractor shall perform testing operations and make detennination as to proper operation of the electrical, mechanical, and structural operation of the hoist and crane system. 2.5 The Offeror shall perform a load test on the crane required under ANSI B30.2.2.2 & OSHA 1910.179 at 125% after the crane is complete. 2.6 The listing of water pumping stations included in this project are as follows: • PumpinF Station # 3 2520 3' Street Lubbock, Tx • Pumping Station # 4 202 N. Interstate 27 Lubbock, Tx. • Pumping Station # 7 2901 Vicksburg Avenue Lubbock, Tx. • Pumping Station # 8 3301 Southeast Loop 289 Lubbock, Tx. • Lower Head B Pumping Station 2898 N. Quaker Avenue Lubbock, Tx. • Pumping Station # 10 380282 nd Street Lubbock, Tx. 2.7 The Offeror shall perform a full visual inspection of each hoist and bridge crane system prior to performing any work to insure structure is safe. Offeror shall note the condition of the structure and record any structural defects. In all instances, industry safety standards must be followed by all parties. 2.8 The City understands that all work requested by the City may be subject to the current work load of the Offeror. The Offeror 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. 2.9 The City would like to offer the used equipment for trade-in. Please include in your proposal the trade in offer. • The equipment is at least ten years old. • The Offeror will be responsible for removal of used equipment at time of installation. • If trade in not possible, Offeror will store removed components within the facility at a location approved by the City. 3.0 SAFETY 3.1 Offeror 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. 3.2 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 adhere to these standards or vacate the job site. 3.3 Offeror shall ensure that all workers on the job site are free of substance abuse. If the Offeror 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 suspect's use of drugs or alcohol by the Offeror or their employees, the City representative shall bring the matter to the attention of the fine's owner immediately. All bidders shall include infonnation 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. 4.0 JOB CLEANUP 4.1 Upon completion of all work at each work site, the offeror shall remove all debris and rubbish. No trash or discarded materials of any type shall be buried or left anywhere on the property. 4.2 All empty containers shall be properly disposed of according to manufacturer recommendations. 5.0 WORKMEN QUALIFICATIONS 5.1 Persons well versed and talented in the art of overhead hoist and bridge crane installation and repair shall perform all work Offeror shall have a minimum of ten (10) continuous years of installation and repair experience with overhead hoist and bridge crane systems. 5.2 All foremen and workmen shall maintain a positive and respectful relationship with City's representative(s). 5.3 All services performed shall comply with applicable codes, local and state policies, guidelines, and specifications. Offeror shall secure any required licenses or permits, as required by law. 5.4 Offeror shall maintain control and be responsible for there own tools, equipment, and vehicles. Theft or loss shall not be the responsibility of the City of Lubbock. 6.0 SITE ACCESS 6.1 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. Presently, the only location where this applies is the Water Treatment Plant at 6001 N. Guava. 6.2 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 Offeror 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. 6.3 Offeror shall notify the Water Utilities Control Room operators anytime they arrive or exit City facilities. Phone numbers for the Control Room and City representatives will be provided to the successful proposer after contracts have been issued and signed by all parties. 7.0 PAYMENT 7.1 Upon Completion of each station, the Offeror shall provide full disclosure statements of work completed and total invoicing for the work assignment. 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. 8. EVALUATION CRITERIA 8.1 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. 8.2 Cost and estimated time of contract completion including commitment for successful completion of the project. Each Offeror must complete, and submit with their proposal, the proposal submittal form attached hereto as Exhibit "A". (60%) 8.3 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 finn would approach the assignment, References and Safety Record. (20%) 8.4 Substantiated representation regarding the proposer's' technical capabilities and professional competence to accomplish the required work. Must have a minimum of ten (10) continuous years of installation and repair experience with overhead hoist and bridge crane systems.(20%) Resolution No. 2010-RO617 EXHIBIT A BEST AND FINAL OFFER FOR Water Pumping Stations Overhead Hoist and Bridge Crane CITY OF LUBBOCK, TEXAS RFP 10 -123 -FO REVISED LUMP SUM CONTRACT ITEM DESCRIPTION LUMP SUM COST Removal of existing equipment, furnish and install, overhead electric motor driven hoists with required trolley systems located at water pumping stations to include required electric motors and all necessary components for existing bridge crane systems, complete and in place. As specified under the Scope of Work. 1. Pumping Station # 3. $ 2. Pumping Station # 4. $ 33 � 3. Pumping Station # 7. Station has two $ individual hoists and bridge crane /y 7 y7 93 systems. 5 �` T 4. Pumping Station # 8. $ 5. Lower Head B Pumping Station $ 6. Pumping Station # 10. OVERALLTOTAL $ B6 Offeror's Initials Resolution No. 2010—RO617 EXHIBIT B Water Pumping Stations Overhead Hoist and Bridge Crane Renovations CITY OF LUBBOCK, TEXAS RFP 10 -123 -FO II. INSURANCE 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): N lk"d WI AMOUNT 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: $200,000 General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability: Any Auto $200,000 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 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. Naive 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.