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HomeMy WebLinkAboutResolution - 2020-R0145 - CKS Runway Services, LLC, Contract 15246 - 04/28/2020Resolution No. 2020-RO 145 Item No. 6.11 April 2K 2020 RESOLUTION 13E IT RI SOLVI D BY '1.1IF: CI'FY COUNCII., OF THE CFI'Y OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute For and on behall' of the City of• Lubbock, Service Contract No. 15246, by and between the City of Lubbock and CKS lZunway Services, L1,C, of Florence, Mississippi. as per FF13 20-15246-1M, to Remove and Re -Paint Concrete Airfield Pavements at I.ubbock Preston Smith International Airport (LPSIA), and related documents. Said Contract is attached hereto and incorporated in tills resolution as if Fully set forth Herein and shall be included in the minutes of the City Council. Passed by the City Council on April 28, 2020_ - _ DANIEI. M. POPE, MAYOR A'F1'ES'F: V-0--a Rebet Et Garza, City Secret, ry APPROVED AS '1'0 CON11,N]': Bill Tlgy4, ton, Deputy Uity Manager Al1PROVFD ALTO DORM: err�vhiAj`it-M4ksistant City Attorney ecdocs'RES.Contract 15246 Renlovv and Re -Pain[ Concrete Airiicld Payments at Lubbock Preston Smith hit March 20. 2020 Resolution No. 2020-R0145 Contract 15246 City of Lubbock, TX Contract for Remove and Re -Paint Concrete Airfield Pavements at Lubbock Preston Smith International Airport THIS CONTRACT made and entered into this g&tday of April 2020, by and between the City of Lubbock ("City"), and CKS Runway Services. LLC, ("Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for Remove and Re -Paint Concrete Airfield Pavements at Lubbock Preston Smith International Airport 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 Remove and Re -Paint Concrete Airfield Pavements at Lubbock Preston Smith International Airport. 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, Remove and Re -Paint Concrete Airfield Pavements at Lubbock Preston Smith International Airport and more specifically referred to as Items one through five 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 one year, with the option of two, one year extensions, 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 Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure 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. 4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 5. 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. 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. 6. Contractor shall at all times bean 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. 7. 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 fiunish 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. 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 ana acceotaote to me c;tty. m the TYPE OF INSURANCE iENERAL LIABILITY Commercial General Liability ] Claims Made ® Occurrence ] W/Heavy Equipment ] To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY VOTIVE LIABILITY Any Auto Scheduled Autos Non -Owned Autos ❑ All Owned Autos ❑ Hired Autos COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGO X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Per Occurrence $1,000,000 CESS LIABILITY Umbrella Form Each Occurrence $4,000,000 Aggregate GARAGE LIABILITY ❑ Any Auto ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ CARGO Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs WORKERS COMPENSATION — STATUTORY AMOUNTS OR CUPATIONAL MEDICAL AND DISABILITY EMPLOYERS' LIABILITY $1,000,000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on aprimary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City 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. Any costs will be paid by the Contractor. 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. 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, Director of Purchasing & Contract Management City of Lubbock 1625 13'h 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. 8. 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. 9. 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. 10. At any time during the tern 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 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. 11. 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 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 contract beyond the date of termination. 12. 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. 13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 14. TEXAS GOVERNMENT CODE SECTION 2252.15 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization' shall have the meaning given such term in Section 2252.151, Texas Government Code. 15. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 16. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the tern of the Agreement. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15246-JM, 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 LUBB /\� Y--- Daniel M. Pope, Mayor ATTEST: Retie Garza, City Secretary APPROVED AS TO CONTENT: Kelly Campbel , Executive director Avation CONT.IxACTOR BY Authorized Representativ Print Name lo4 fn a C Sp` 1r1, Address 'P1ca[eme- .nn s 3%?3 City, State, Zip Code BIID FORM City of Lubbock, TX Purchasing and Contract Management Remove and Re -Paint Concrete Airlfield Pavements at Lubbock Preston Smith International Airport ITB No. 20-15246-TM In compliance ►with the Invitation to Bid 20-15246-JM, the undersigned Bidder lim ing 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 belowand 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 20-15246-J,M is by reference incorporated in this contract. The laid Form must be completed in blue or black ink or by type►vriter. 1`1'Liv1 Q'I'Y {+/-} tJM UNIT PRICE*COST 1 XI -ENDED (a) DESCRIPTION (11) (a x b) 1 I EA Mobilization, as specified. S31 /Q 5 3 4 2 60,00{} SF Paint concrete airfield caveanents, as p �r� ti 5 �0 s neci(ied. ii// 3 60,000 SF Remove paint on concrete airfield pavements. asspecified. S �7 • s�� 5 u 77 4� Paint 4 Surface paint hole position 4 60,000 SF sign (4PIHIS) Red and White with S S qac) Black borders / Paint 5 1loid position signs and 5 60,000 SF enhance }tole line with Yellow and ti $ 53 q00 Black. / `Dotal (items 1- 5) St,37 / *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed Unless otherwise specified herein, the City may award the bid either item -ley —item or on an al] -or -none basis for any item or group of items shown on the bit[. The City of Lubbock is seeking a contract for with one or more contractors. In order to :assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is in option reserved by the City, based oil the needs of the City. PAYMENT TERMS AND DISCO[JNTS - Bidder offers a prompt payment discount of %, net _calendar days. Discounts will not be considered in determining low bid. [.finless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days alter the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts tier prompt payment requiring payment by the City within a stipulated number of days wiII he interpreted as applying within the stipulated number of calendar days alter the date of receipt by the City of a correct invoice or alter the date ofacceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certiIjes that the price: quoted is not in excess ol'the lowest price charged anyone else„ including its most favored customer, for like duality and tilnalllrty laf the 1)r`[1dUC1SISe1'VICeS, does not include an clement of profit on the sale 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 pricc(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 successi'ul bidder, and properly authorized interlocal purchasing agreements as provided for by the lnterlocal Cooperation Act (Chapter 791, Government ('ode), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shaiI 'indicate on the Bid Form in (lie space provided below i f he/she will honor Political Subdivision orders in addition to orders from [lie 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 :�prth. YES 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 ntaterials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed direct],, to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible 1nr another governmental entity's debts. Each governmental entity will order their own matcrials/servicc as needed. THIS BID iS SUBMITTED BYGffqw ���� corporation organized under the IaMti•s of the State of Matiriy go', or a partnership consisting of or individual trading as of the City of Ptotent4.. Firm: $aV►It CA*S \—Lc Address:__%�144 Mae;� 1.a panAA aw City: Vintem State: •C7rlS zip 19C0 I Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE FiT111:1 I Woman Black American I I Native American I lis p anic American Asian Pacific Amcricj I Other (Specify) Fay Date: A 2.•0 rltt iorired Repi•eseiitatrve - itiusi sigh h ti id Officer Name and 'IitIe: +► �i f��1 + ■ r �tC� t �� eJ��'� Please Print - Business Telephone Number (Qt r r7 t � d�� FAX: E-mail Address: iDfNSart a 'GICS cae\ ia"64;v "C,93. Corn FOR CITY USE ONLY Bid Form Item Numhcr(s) Awarded to Above Named Firm./individual: Date of Award by City Council (for bids over $50,000): 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. City of Lubbock, TX Purchasing and Contract Management ITB 20-15246-JM Remove and Re -Paint Concrete Airfield Pavements at Lubbock Preston Smith International Airport Specifications Project Description Taxiway centerline paint markings at Lubbock Preston Smith International Airport have been over - painted and require obliteration now to minimize the hazard of loose, flaking paint. This project consists of the obliteration, preparation, and painting of markings on the surface of concrete taxiways and aprons. Scope of Work 1. High-pressure water blasting will be used for obliterating existing paint markings. 2. Waterborne paint (yellow and black colors) shall meet the requirements of Federal Specification TT-P-1952E. 3. The taxiway centerline paint marking shall consist of a 12-inch wide continuous yellow stripe with glass beads, outlined on both sides by a 6-inch wide continuous stripe of black paint without glass beads. 4. Reflective glass beads shall meet the requirements for TT-B-1325D Type III. Glass beads shall be treated with all compatible coupling agents recommended by the manufacturers of the paint and reflective media to ensure adhesion and embedment. 5. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45 degrees F and rising. Markings shall not be applied when the pavement temperature is greater than 130 degrees F, or when the wind speed exceeds 15 knots unless windscreens are used to shroud the paint guns. 6. The selected contractor shall supply the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a glass bead dispensing device, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. 7. The mechanical marker shall be suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross sections and clear-cut edges without running or spattering and without over spray. 8. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, or other foreign material that would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by water blasting as required to remove all contaminants without damage to the pavement surface. After the cleaning operations, sweeping, blowing, or rinsing with pressurized water shall be performed to ensure the surface is clean and free of grit or other debris left from the cleaning process. 9. The new paint markings shall follow the layout of the existing paint markings. Glass beads shall be used in the yellow taxiway centerline marking. 10. The edges of the new markings shall not vary from a straight line more than''/z-inch in 50-feet. 11. Glass beads shall be distributed upon the yellow centerline immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to marking machine and suitable for dispensing glass beads. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. 12. The contractor shall remove from the site all debris, waste, loose, or unadhered reflective media, and by-products generated by the obliteration, surface preparation, and application operations to the satisfaction of the Airfield Maintenance Supervisor. 13. Payment shall be made at the respective contract price per square foot for runway and taxiway painting to include the cost for reflective media; and for obliteration and surface preparation performed; and for mobilization charges. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the work item. 14. All work will be coordinated in advance with the Airfield Maintenance Supervisor. Appropriate NOTAMs must be issued by the airport in advance of any work. The airport reserves the right to cancel NOTAMs and halt the contractor's work effort as operational needs of the airport may require. 15. Since the contractor will require airport escort while operating on movement areas, the airport prefers that work be performed during daylight hours. Weekend work is allowed, but no holiday work. 16. The scope of work will not include enhanced taxiway centerline paint markings or thermoplastic markings. 17. Taxiways to receive new striping are; Golf, Juliet, Kilo, Papa, Romeo; and the corresponding taxiway centerline arcs associated with Juliet and it's connecting taxiways; the arcs from Romeo onto the Terminal ramp.