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HomeMy WebLinkAboutResolution - 2014-R0033 - Contract 11706 With Servpro Of Southwest Lubbock - 01/23/2014RESOLUTION 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. 11706 for water damage remediation at Municipal Hill Water Utilities Offices, by and between the City of Lubbock and Servpro of Southwest Lubbock, 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 GL,Qq C. ROB'ERTSON, MAYOR ATTEST: Rebe ca -Garza, City Secretary APPROVED AS TO CONTENT: Mark ' 1earwoo'd, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocs/RES.Contract-Servpro January 9, 2014 Elmo, WIN, 9 3!. January 8, 2014 Project Description: Water Damage Remediation Contractor: Servpro of Southwest Lubbock - TCPN Contract #R123456 Project Location: Municipal Hill Water Utilities Offices Proposa Date : December 9, 2013 This Agreement General Requirements: Exhibit A Proposal: Exhibit B Insurance: Exhibit C CITY OF L/YK len . o rtson, Mayor - Attest: Rebecca Ga a, City Secretary APPROVED AS CONTENT: Mark'Y,earwd3d, Assistant City Manager Contract # 11706 Joel r wery, Servpr4ofSouthwest ub ock Owner's Representative tc-. � 16j( :t' Wesley Everett, Director of Facilities APPROV D AS TO FORM: Assistant City Attorney General Requirments Scope of Work Exhibit A Contractor shall provide the services that are specified in Exhibit B. The Contractor shall comply with all the applicable requirements set forth in Exhibit A, and hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to Contractor for performing services. 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 nonappropriation 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 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance ith 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 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. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy 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. SERVPRO of Southwest Lubbock - 9639 6101 43rd Street - Unit D Lubbock, TX 79407 (806) 780-6311 Franchise # SP9639 Tax ID # 262904692 Client: City of Lubbock - Water Department Municipal Hill Property: P.O. Box 2000 Lubbock, TX 79457 Operator Info: Operator: JMOWERY Estimator: Joel Mowery Business: 6101 43rd St Unit D Lubbock, TX 79407 Type of Estimate: Date Entered: 12/9/2013 Date Assigned: Price List: TXLB7X_JUN13 Labor Efficiency: Restoration/Service/Remodel Estimate: 2013-12-09-1134 Exhibit B Cellular: (806) 319-0814 Business: (806) 780-6311 E-mail: jmowery@servproofswlubboc k.com Servpro is using TCPN pricing. This estimate is based on King Consultants protocol. Servpro will be following all of his recommendations and following safety and personal protection equipment for employees on the job site. Servpro will be pulling all of the ceiling tiles, grid work and ceiling light fixtures. Also all sheet rock plumbing items will be removed and disposed of. Cleaning of the building will begin and will follow King Consultants protocol. I will do a walk through with TJ Carpenter to make sure that we do not dispose of anything that the city wants to keep. I am projecting 15 working days to complete this project. I've also projected 13 large dumpsters which is included in the assessment. Servpro will remove a couple of windows for us to exhaust outside the building to create negative pressure which will prevent any cross contamination to the building east of this project. Servpro will also install negative air machines inside the building to give us 4 air exchanges per hour which is a recommendation in the protocol. Servpro will have a licensed plumber to pull all toilets, urinals, sinks and cap off all plumbing lines to ensure no leaks. A licensed electrician will disconnect all fixtures and install some pigtails for temporary lighting once all of the lights have been removed. King Consultants will give us a visual inspection after all of the demo and cleanup is completed. If at that time he wants additional work done, there could be additional costs if all of the labor has been used up. If Servpro completes this process in less days, the price will come down accordingly. Please call with any questions. Thanks, Joel Mowery SERVPRO of Southwest Lubbock - 9639 6101 43rd Street - Unit D Lubbock, TX 79407 (806)780-6311 Franchise # SP9639 Tax ID # 262904692 2013-12-09-1134 Main Level Main Level DESCRIPTION QNTY REMOVE REPLACE TOTAL 33. Specialty Items (Bid Item) 1.00 EA 0.00 0.00 0.00 Total: Main Level 0.00 Job DESCRIPTION 1. Remediation Technician General Labor - per hour Day 1 6 people for 8 hours each 36. Remediation Production Supervisor - Supervisory - per hr Day 1 2. Remediation Technician General Labor - per hour - Day 2 6 people for 8 hours each 37. Remediation -Production Supervisor - per hr - Day 2 3. Remediation Technician General Labor - per hour - Day 3 6 people for 8 hours each 38. Remediation- Production Supervisor - per hr - Day 3 4. Remediation Technician General Labor - per hour - Day 4 6 people for 8 hours each 39. Remediation - Production Supervisor - per hr - Day 4 5. Remediation Technician General Labor - per hour - Day 5 6 people for 8 hours each 40. Remediation - Production Supervisor - per hr - Day 5 6. Dumpster load - Approx. 40 yards, 7-8 tons of debris - week one - 5 dumpsters 7. Remediation Technician General Labor - per hour - Day 6 6 people for 8 hours each 41. Remediation -Production Supervisor - per hr - Day 6 2013-12-09-1134 QNTV REMOVE REPLACE TOTAL 48.00 HR 0.00 27.50 1,320.00 8.00 HR 0.00 56.00 448.00 48.00 HR 0.00 27.50 1,320.00 8.00 HR 0.00 56.00 448.00 48.00 HR 0.00 27.50 1,320.00 8.00 HR 0.00 56.00 448.00 48.00 HR 0.00 27.50 1,320.00 8.00 HR 0.00 56.00 448.00 48.00 HR 0.00 27.50 1,320.00 8.00 HR 0.00 56.00 448.00 5.00 EA 540.03 0.00 2,700.15 48.00 HR 0.00 27.50 1,320.00 8.00 HR 0.00 56.00 448.00 12/11/2013 Page:2 SERVPRO of Southwest Lubbock - 9639 6101 43rd Street - Unit D Lubbock, TX 79407 (806)780-6311 Franchise # SP9639 Tax ID # 262904692 CONTINUED - Job DESCRIPTION QNTY REMOVE REPLACE TOTAL 8. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour - Day 7 6 people for 8 hours each 42. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 7 9. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour - Day 8 6 people for 8 hours each 43. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 8 10. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour - Day 9 6 people for 8 hours each 44. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 9 11. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour -Day 10 6 people for 8 hours each 45. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr -Day 10 12. Dumpster load - Approx. 40 yards, 7-8 4.00 EA 540.03 0.00 2,160.12 tons of debris - Week 2 total dumpsters 4 13. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour - Day 11 6 people for 8 hours each 46. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 11 14. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour - Day 12 6 people for 8 hours each 47. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 12 15. Remediation Technician Gemeral Labor 48.00 HR 0.00 27.50 1,320.00 - per hour - Day 13 6 people for 8 hours each 48. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 13 16. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour - Day 14 6 people for 8 hours each 49. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 14 2013-12-09-1134 12/11/2013 Page:3 SERVPRO of Southwest Lubbock - 9639 6101 43rd Street - Unit D Lubbock, TX 79407 (806)780-6311 Franchise # SP9639 Tax ID # 262904692 CONTINUED - Job DESCRIPTION QNTY REMOVE REPLACE TOTAL 17. Remediation Technician General Labor - 48.00 HR 0.00 27.50 1,320.00 per hour - Day 15 6 people for 8 hours each 50. Remediation - Production Supervisor - 8.00 HR 0.00 56.00 448.00 per hr - Day 15 18. Dumpster load - Approx. 40 yards, 7-8 4.00 EA 540.03 0.00 2,160.12 tons of debris - week 3 4 total dumpsters 51. Project Manager - per hour total of 30 30.00 HR 0.00 88.00 2,640.00 hours 19. Add for personal protective equipment - 16.00 CR 0.00 135.00 2,160.00 Heavy duty per case Tyveks 20. Eye protection - plastic goggles - 15.00 EA 0.00 7.17 107.55 Disposable 21. Personal protective gloves -Heavy duty 15.00 EA 0.00 6.25 93.75 (per pair) 22. Respirator cartridge - N 95 per -box 15.00 EA 0.00 41.20 618.00 23. Neg. air fan/Air scrub.-XLrg (per 24 hr 60.00 DA 0.00 142.24 8,534.40 period) -No monit. 4 for 15 days each 24. Add for HEPA filter (for neg. air 4.00 EA 0.00 241.24 964.96 machine/vacuum - Large) 25. Negative air fan/Air scrubber (24 hr 60.00 DA 0.00 72.24 4,334.40 period) - No monit. 4 - 500 15 days each 26. Add for HEPA filter (for negative air 4.00 EA 0.00 186.24 744.96 exhaust fan) 27. Cargo van and equipment - per day - 15 15.00 EA 0.00 125.00 1,875.00 days 28. Plumbing (Bid Item) to pull all sinks, 1.00 EA 0.00 1,950.00 1,950.00 tolets and cap off all plumbing, cap off showers, disconnect gas to HVAC 29. Electrical (Bid Item) Disconnect all 1.00 EA 0.00 1,750.00 1,750.00 lights and install pig tails for temp lights, 30. Apply anti -microbial agent 8.00 GL 0.00 55.50 444.00 31. Clean towels 20.00 BN 0.00 16.50 330.00 32. R&R Carpet knives 20.00 EA 0.08 16.78 337.20 34. Plastic bag - for hazardous material 100.00 EA 0.00 3.54 354.00 cleanup - Large 35. HEPA Vacuuming - Equipment daily 20.00 HR 0.00 75.00 1,500.00 charge 1 for 15 days and 1 for 5 days Totals: Job 62,278.61 2013-12-09-1134 12/11/2013 Page:4 SERVPRO of Southwest Lubbock - 9639 6101 43rd Street - Unit D Lubbock, TX 79407 (806) 780-6311 Franchise # SP9639 Tax ID # 262904692 Total: Main Level 62,278.61 Line Item Totals: 2013-12-09-1134 62,278.61 Grand Total Areas: 16,955.36 SF Walls 6,754.27 SF Floor 0.00 SF Long Wall 6,754.27 Floor Area 3,240.00 Exterior Wall Area 0.00 Surface Area 0.00 Total Ridge Length 6,754.27 SF Ceiling 750.47 SY Flooring 0.00 SF Short Wall 7,174.31 Total Area 360.00 Exterior Perimeter of Walls 0.00 Number of Squares 0.00 Total Hip Length 23,709.62 SF Walls and Ceiling 2,116.06 LF Floor Perimeter 2,136.23 LF Ceil. Perimeter 16,955.36 Interior Wall Area 0.00 Total Perimeter Length 2013-12-09-1134 12/11/2013 Page:5 SERVPRO of Southwest Lubbock - 9639 6101 43rd Street - Unit D Lubbock, TX 79407 (806)780-6311 Franchise # SP9639 Tax ID # 262904692 Line Item Total Replacement Cost Value Net Claim Summary for Dwelling Joel Mowery 62,278.61 $62,278.61 $62,278.61 2013-12-09-1134 12/11/2013 Page:6 0 N N Exhibit C City of Lubbock, TX Purchasing & Contract Management II —INSURANCE COVERAGE REQUIRED 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. 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 OF INSURANCE GENERAL LIABILITY COMBINED SINGLE LIMIT ® Commercial General Liability General Aggregate 1,000,000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG ❑ W/Heavy Equipment Personal & Adv. Injury ❑ To Include Products Of Complete Operation Endorsements Contractual Liability PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ ❑ Scheduled Autos ❑ ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER Material Costs ❑ CARGO ® WORKERS COMPENSATION AND All Owned Autos Hired Autos Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Aggregate Each Occurrence Aggregate 1,000,000 Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total OCCUPATIONAL 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 a primary and non- contributory basis. ® Waiver ofsubrogation 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. E All copies of the Certificates of Insurance shall reference the proiect name or bid number for which the insurance is beine 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, 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.