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HomeMy WebLinkAboutResolution - 2016-R0249 - Contract - ISA Inc. - Security Guard Services - 07/28/2016Resolution No.2016-R0249 Item No.6.27 July 28,2016 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. 12896. by and between the City of Lubbock and ISA, Inc.,of McAilen,Texas,for Security Guard Services,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 July 28,2016 . DANIEL M.PQJPE.MAYOR ATTEST: Rebeica Garza,City SecretaV) APPROVED AS TO CON TENT: Quincy Wh^teyDeputy City Manager APPROVED AS TO FORM: Assistant City Attorney vw:ccdocs/RES.Contract-ISA,Inc. July 13,2016 Resolution No. 2016-RO249 City of Lubbock, TX Contract for Services Security Guard Services Contract 12896 THIS CONTRACT made and entered into this 28" day of July, 2016, by and between the City of Lubbock ("City"), and ISA, Inc., ("Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for Security Guard 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 security guard 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: 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, Security Guard Services and more specifically referred to as items one and two on the bid form 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 bid form and specifications contained herein. 3. 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 year, with the option of four, one 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 the most appropriate for the specific contract for the previous first year. 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. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. 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. 5. 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. 6. SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. 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 COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability ❑ Other General Aggregate $1,000,000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X ❑ W/Heavy Equipment Personal & Adv. Injury X ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fite Damage (Anyone Fire) Med Exp (Any one Person) PROFESSIONAL LIABILITY Fl LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form ;AGE LIABILITY Any Auto ❑ All Owned Autos ❑ Hired Autos General Aggregate $ Combined Single Limit Each Occurrence $1,000,000 Each Occurrence Aggregate Auto Only - Each Accident _ Each Accident Aggregate _ BUILDER'S RISK ❑ 100%of the Total Contract Price INSTALLATION FLOATER ❑ 100%of the Total Material Costs POLLUTION CARGO _ WORKERS COMPENSATION —STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY EMPLOYERS' LIABILITY $1,000,000 COPIES OF ENDOSEMENTS ARE REQUIRED City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. To include products of completed operations endorsement. Waiver ofsubrogation in favor of the City of Lubbock on all coverages, except i ne i,try of Lu000cK snau be names as an aaattlonal msurea on a primary ana non-contributory basis and shall include a waiver of subrogation in favor of the City on all liability coverage's except professional liability. A waiver of subrogation will be required on workers comp coverages. All Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; C. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 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 and Contract Management City of Lubbock 1625 13's 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. 7. 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 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. 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. 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 nonappropriation of fiords 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. 16-12896- KM, 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 L OCK DANIEL M. P .E. MAYOR A EST: Rebe roa Garza, City Secret ry PROVED AS TO CONTENT Marta Alvarez, Director of Purchasing and Contract Management APPRO S TO F Mitch a envl irs ssi t ity Attorney CPNT CTO BYk- Authori146d Representative Print Name U n - 1T SL L Address City, State, Zip Code City of Lubbock, TX ITB 16-12896-KM Security Guard Services Specifications 1. SCOPE: This is an Invitation to Bid for a licensed and qualified security guard company to provide on -site uniformed unarmed guard services at designated City of Lubbock facilities. 2. REFERENCES 2.1. Respondent shall submit a minimum of three references that can verify the qualifications and experience requirements for services completed within the past 24 months. 2.2. References shall illustrate respondent's ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number, and dates services were performed. 3. RESPONDENT QUALIFICATIONS: 3.1. The respondent shall bean established company engaged in the business of providing security guard services with a minimum of three years' experience within the last five years. 3.2. Have sufficient security staff and security guard personnel to meet City of Lubbock needs. 4. SERVICE REQUIREMENTS: The vendor shall ensure the following service requirements are provided. 4.1. Post procedures will be identified and developed. The security guards shall perform, but not be limited to the following: 4.1.1. Ensure door and gates are locked and unlocked as requested by the City of Lubbock designated representative. 4.1.2. Patrol by foot, interior and exterior of buildings and grounds. 4.1.3. Report any maintenance problems to the City of Lubbock on site building facility manager. 4.1.4. Check -in by phone or 2-way radio as established by post instructions to their dispatcher or to report any hazardous safety condition. 4.2. SECURITY GUARD REQUIREMENTS: All security guards utilized shall meet the following requirements: 4.2.1. Be knowledgeable of the specification requirements and post instructions to ensure strict compliance with the requirements is maintained. 4.2.2. Be able to walk unassisted a minimum of 300 yards, climb stairs, and be able to lift and carry 20 pounds. 4.2.3. Maintain respect for employees, contractors, and visitors and conduct themselves with a high level of professionalism. Maintain a business like demeanor at all times. 4.2.4. Not depart their assigned duty area(s) until they have been properly relieved. Under no circumstances shall any assigned duty area be left abandoned without approval from City of Lubbock designated representative. 4.2.5. Shall be alert to surrounding area of responsibility at all times. STurchase/Bid Does/ITB 16-12896-KM, Security Guard Services 28 4.2.6. Ensure unauthorized personnel are not permitted on the City of Lubbock grounds and in facilities at any time. 4.2.7. Be physically and mentally qualified to perform the requirements of this specification. 4.2.8. Be a high school graduate or hold a GED equivalent. 4.2.9. Be fluent in English with ability to receive, give, and understand written and verbal instructions and procedures. 4.2.10. Ability to communicate orally and in writing. 4.2.11. Possess proper telephone etiquette answering skills. 4.3. UNIFORMS: 4.3.1. The security guard shall be in uniform at all times while on duty. The uniform shall be neat, clean, pressed and kept in good physical condition. Non -company supplied symbols, pins, buttons, or slogans may not be applied to the uniform. 4.3.2. Wear an identifying name badge with the company's logo which shall be clearly visible. 4.3.3. Maintain a neat and professional appearance at all times. 4.3.4. Carry all equipment necessary in the performance of their duty 5. VENDOR REOUIREMENTS: 5.1. The vendor shall have an office located in, Lubbock, County, Texas, where the security guard services are required. Provide a local, 24-hour, 7 day a week phone number. The contract manager or site supervisor shall return calls within 15 minutes of being contacted by the City of Lubbock designated representative. 5.2. When requested by the City of Lubbock, provide background check results on vendor assigned security guards. 5.3. Provide the City of Lubbock designated representative the names of all security guard personnel performing under this contract. 5.4. Meet with the City of Lubbock designated representative and establish post procedure and instructions for each assigned post. 5.5. Provide an updated assigned list of replacement personnel to changes as soon as they occur. 6. PERSONNEL REPLACEMENT 6.1. The City of Lubbock reserves the right to request to remove and replace any security guard or staff who is not attentive to duty requirements, and who is not in compliance with service requirements in this specification. 6.2. Vendor shall replace the security guard within one hour. 6.3. It is the vendor's responsibility to ensure assigned security guards are at their designated post at the scheduled time. If a security guard is unable to report to duty as scheduled, the vendor shall immediately provide a replacement to begin at the designated scheduled time. S:Porehase/Bid Does/ITB 16-12896-KM, Security Guard Services 29 Bid Form Security Guard Services City of Lubbock, TX ITB 16-12896-ICM In compliance with the Invitation to Bid 16-12896-KM, 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 16-12896-KM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY UNIT OF MEASURE DESCRIPTION PER HOUR EXTENDED COST +/- 1. 1200 HR Security Guard Services — Regular Rate $) O' _5 1 G 2. 200 HR Security Guard Services — Holiday Rate ' �[.� Cj p Q Total $ -b'n L r PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of —9-0/6, netl 0 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 ofthe 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 Interlocal 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 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 Civic Lubbock Inc., Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock Independent School District, South Plains Association of Governments, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) checked YES, the following will apply: SPwchweSid Docs/rFB 16-12896-KK Security Guard Services • 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. THIS BID IS SUBMITTED BY l S or a partnership consisting of Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date 'luIU14M must sign by hand Officer Name and Title: :��j 0, Please Print �-I Business Telephone Number 9 E-mail Address: (' k corporation organized under the laws of the State of of the City of FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: or individual trading as zip D S O ) c-I3-(G. FAX: 113 - 6 s , ) 0, /✓A Date of Award by City Council (for bids over ,S50,000): 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. S:PurchaseBid Docs/rrB 16.12896-KM, Security Guard Services 5 City of Lubbock, TX Purchasing and Contract Management Bid Tabulation July 28, 2016 ITB 16-12896-KM Security Guard Services Item Qty Ulm DescriptionNendor Location Hourly Rate Extended Cost 1 1,200 Hrs Security Guard Services Regular Rate ISA, Inc. McAllen, TX $ 14 16,800 G. Boren Services, Inc. Lubbock, TX 16 18,900 SPS&P Inc. dba South Plains Security and Patrol Lubbock, TX 17 20,400 2 200 Hrs Security Guard Services Holiday Rate ISA, Inc. McAllen, TX 14 2,800 G. Boren Services, Inc. Lubbock, TX 22 4,400 SPS&P Inc. dba South Plains Security and Patrol Lubbock, TX 26 5,100 Overall ISA, Inc. McAllen, TX $ 19,600 G. Boren Services, Inc. Lubbock, TX 23,300 SPS&P Inc. dba South Plains Security and Patrol Lubbock, TX 25,500 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l 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: 2016-69373 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ISA, INC McAllen, TX United States Date Fled: O6/13/2016 2 Name of go—ve—r—nm-e-nM entity or state agency that is a parry to the contract for which the form is— being filed. City of Lubbock Date Acknowledged: l 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 services, goods, or other property to be provided under the contract. 16-12896-KM Security Guard Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary ISA, INC McAllen, TX United States X 5 Check only if there is NO Interested Party. ❑ I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. AINIETTE MIDDLE SAENI NOWY ID • 128923307 My Ctfmrnfaalon Expires March 16, 2020 Jgkaibre of &15orized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE ^ Swornto and subscribed before me, by the said this the 20 1 tc . to certify which, witness my hand and seal of office. , 3 day of 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 V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll 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: 2016-69373 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ISA, INC McAllen, TX United States Date Filed: O6/13/2016 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: 07/13/2016 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 services, goods, or other property to be provided under the contract. 16-12896-KM Security Guard Services 1 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary ISA, INC McAllen, TX United States X 5 Check only if there is NO Interested Party. ❑ 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 seat 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 V1.0.1021