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HomeMy WebLinkAboutResolution - 2016-R0105 - STP Well Service - 03/24/2016Resolution No.2016-RO105 Item No.6.10 March 24,2016 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.12743 for Well Maintenance and Repair Services, by and between the City of Lubbock and STP Well Service. L.L.C.of Petersburg. Tx. 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. Passedbythe CityCouncilon March24.2016 . GLEN Q^OBEtfTfON.MAYOR ATTEST: Q.jIL&ll Rebecjca Garza,City Secreta APPROVED AS TO CONTENT L.Wood Franklin,P.E.,Director of Public Works APPROVED AS TO FORM: jJuty City ^ttopfey RES.Contract-STP Well Service LLC 2.25.16 Resolution No. 2016-RO105 City of Lubbock, TX Contract for Services Well Maintenance and Repair Services Contract No. 12743 THIS CONTRACT made and entered into this 24th day of March. 2016, by and between the City of Lubbock ("City"), and STP Well Service. LLC, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Well Maintenance and Repair Services 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 Well Maintenance and Repair Services. 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: 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, Well Maintenance and Repair Services and more specifically referred to as Items 1 — 8 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. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one (1) year, with the option of two (2), one (1) year extensions, said date of term beginning upon formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever 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 rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 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 does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. Contractor shall at all times be an 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. 5. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability $1,000.000 General Aggregate To include Products of Completed Operations Automotive Liability Any Auto (each occurrence) $1,000,000 Workers Compensation $ 500,000 The City of Lubbock shall be named as an additional insured on a primary and non- contributory basis with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section. the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 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. 8. 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 fors 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. 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 Contractors 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. 10. 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 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 contract beyond the date of termination. 11. 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 12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 16- 12743-JM, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year fast above written. Executed in triplicate. CITY OF LUBB CK Glen C. rtson, Mayor JEST: a Garza, City Secre AS P.E. Director of Public Works APPROVED AS fO FORM: Amy Sims, CONTRACTOR BY I r G l SwAtl Autho 'zed epresentative T K41e.. Serre,115 Print Name 2432 FM 400 Address Pe+asbtm,, Texe.s 7gZ5io City, State, Zip Co e BID FORM Well Maintenance and Repair Services City of Lubbock, TX ITB No. 16-12743-JM In compliance with the Invitation to Bid 16.12743-JM, the undersigned Bidder having 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 below and 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 16.12743-JM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION t /UoM I Service Rate I Extended Cost 1. Irrigation Wells - Submersible I -A. Service Call 20EA S 90,00 S 1$00,00 I-B. Baling and/orCleanout 20EA 5 /ZS,Oo S Z,.500,00 1-C. Wire Cable Splice 40 EA $ ZS, G S i V00, 00 1 1 Pull and Set Irrigation Subs. Unit Cost is Per FT with o 200 FT Minimum. Cost Per FT Extended Cost I-D. Pull and/or Set Irrigation Subs 2" - 4". 4,000 FT S /, SD S (O 00o, 00 I-E. Pull and/or Set Irrigation Subs 5" - 6' 600 FT S / , $ $- $ 11 l 0 , 00 2. Air bailing Service Rate Extended Cost 2-A. Install and remove equipment from well and bail (10hrs) 5 EA S 17.50 N $ 62 5 0, 00 3. Down -Hole Video for Lubbock and Hancock Sites Service Rate Extended Cost 3-A. One Well 3 EA S 456,E S 13 rjC,,O 3-B. Additional Wells - same day service I EA 5 3Scwc S 3S O 1 Or, 4. Concrete Pad Service Rate Extended Cost 4-A. Concrete well pad construction or repair 3EA S 35c,Do S lo5o,cx:;, 4 B Demolition, removal, and disposal of irrigation and monitoringwell surface structures 3 EA S S , I SO, 00 5. Well Plugging Service Rate Extended Cost 5-A. Rig charge 3EA S IS0,0C S 4$p,C)o 5 B Remove concrete slab, pull casing if possible or dig and cut off casingas required. 3 EA S �zJO, 00 S 460, OD 5-C. Labor rate for rig up and plugging well on site 60 HRS S I Z 51 00 1 $ 7500,00 5-E. Load and dispose of surface structure and casing debris 3 EA S j tJ O 1 Clo $ L 1_5O.M 5-F. Plugging Report Submittal. Submittal due 14 days after completion Total for Lines (1A-5F) 5 Total: $30,710.00 e 14rtiu�c.Na 4K+^III /.Ira Ibl_)l).1\I 6. Parts Discount Percent Discount 6-A. Pump ends, submersible motors, pipe, wire, and misc. parts. U qb Material Mark Up Mark Up 6-B. Equipment rental, concrete and miscellaneous materials markup price percentage. Z 0 % 7. Response Time Yes or No 7 A Vendor shall verbally respond to service requests within 24 hours to schedule the service. r LJ 7 B Services shall be initiated within 2 business days, unless otherwise approved by the site representative. ES 8. Mileage Rate Outside of 50 Mile Radius of Lubbock, TX. Per Mile $ 2 a SO Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for Well Maintenance and Repair Services 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 an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 5 %, net L calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element 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 price(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 successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Intertocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services. at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the Citv 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 Wolfforth. YES V 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 materials/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 directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. O�PuRhn,e'aid Qwx^_016m) I612143-IM THIS BID IS SUBMITTED BY STP WtII Srr✓ict� LLCa corporation organized under the laws of the State of or a partnership consisting of or individual trading as mdder acknowled es receipt of the following addenda: Addenda No. f Date Z% Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: woman I I Black American Native American Hispanic American Asian Pacific American Other (Specify) Authorjzed Representative - must sign by hand ' Officer Name and Title: 59rfCt1S 19..mar pteil Please Print Business Telephone E-mail Address: FAX: (qoo 667-fl331 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finntindividual: Date of Award by City Council (forbids 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. Q:Pom Vtd Uw - I&nB W12743dfl CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-18534 STP Well Service Petersburg, TX United States Date Filed: 02/25/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 12743 Well Maintenance and Repair Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. signf re of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swo o and subscribed before me, by the said 20 , to certify which, witness my hand and seal otbffice. s day of _ 1 LICtr t-, CHRISTM NotorbitA A. to RREZ My _. Y Puc, State of Texas YCommission 0 Y Expires f rr e 7 Signature of officer administering oath Printed -name of officer administering oath Title of o cer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1. 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-18534 Date Filed: 02/25/2016 Date Acknowledged: 02/26/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. STP Well Service Petersburg, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the goods or services to be provided under the contract. 12743 Well Maintenance and Repair Services 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312