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HomeMy WebLinkAboutResolution - 2014-R0331 - Contract - South Plains Communications - Radio Tower Inspection - 09/25/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: TI (A'I'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. 11796 for Radio Tower Inspection, Maintenance and Repair per RFP 14 -11796 -DG, by and between the City of Lubbock and South Plains Communications, 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 September 25, 2014 GLFAR6BfiltrSON, MAYOR I --- —Ga Rcbec�a Gama, City Secretary APPROVED AS TO CONTENT: l� R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: RES.Contract-South Plains Communications August 28, 2014 L- Contract 11796 City of Lubbock, TX Contract for Services Radio Tower Maintenance, Inspection and Repair THIS CONTRACT made and entered into this 25th day of September, 2414, by and between the City of Lubbock ("City"), and South Plains Communications, of Lubbock, Texas. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Radio Tower Maintenance, Inspection and Repair 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 radia Tower Maintenance, Inspection and Repair. 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: I. 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 Radio Tower Maintenance, Inspection and Repair and more specifically referred to in the proposal submitted by the Contractor or in the specifications attached hereto. 2. Tile 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 Contractor shall perforin the work according to the procedures outlined in the proposal and Specifications attached hereto. The contract shall be for a teen of one year, with the option of four, 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. The City does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 30 day written notice. Such written notice must state the reason for cancellation. The City 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 tile 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. 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 w/Heavy Equipment Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability $1,000,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts or Employer's Liability The City of Lubbock shall be named as additional insured on a primary and Non -Contributory basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. 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. 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 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. 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. 14- 11796-130, 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 CK Glen C. ertson, Mayor ATTEST: Reb cca Garza, City Secret APPRO}(ED%S EN . R. Keith Smith, P.E. Director of Public Utilities CONTRACTOR BY A"' Authorized Representative Pyla // Print Name Address Lubb.�k, 7Y, 79 x/07 City, State, Zip Code Radio Tower Inspections, Maintenance and Repair CITY OF LUBBOCK, TEXAS RFP 14 -11796 -DO Price Proposal Sheet ITEM DESCRIPTION Hourly Rate Work Hours 1. Monday — Friday from 8:00 am. — 6:00 p.m. $90.00 2. Weekend hourly rate 590.00 3. After Hour Rate 590.00 4. Emergency Rate $90.00 RADIO TOWER INSPECTION AND REPAIR SPECIFICATIONS 1.0 General 1.1 The City of Lubbock owns and operates multiple radio towers that provide data transmission for the Supervisory Control and Data Acquisition (SCADA) system. The towers are located throughout the City of Lubbock, areas outside the City, and the Bailey County water supply line located in Shallowater, Littlefield, Amherst, and Muleshoe, Texas. Additionally, the City owns elevated water storage facilities that require lighting and data radio antenna maintenance at the top of each tank. 1.2 The City of Lubbock is seeking to secure the services of a qualified firm to assume maintenance, repair, and inspection activities of the radio towers, antennas, antenna cabling, data radio equipment, tower lighting, elevated water tank lighting, and associated equipment in order to maintain the integrity of the radio communication network for the City on an "as needed" basis. 1.3 The firm shall be a licensed distributor for data radios as manufactured by General Electric Microwave Data Systems. The vendor shall have full capability to provide pricing estimates upon request, consultation regarding existing and future installation work, including product and installation recommendations, and shall have the expertise to fully engineer and install data radios and equipment. 1.5 This contract shall be in effect for a period of not less than one year from the date of Notice to Proceed, with a provision to extend the contract up to four additional one year terms if both parties are in mutual agreement to do so. The scope of work shall remain the same but may include any additional structures and equipment that may be added by the City of Lubbock. 2.0 Scope of Work 2.1 Under the provisions of this contract, the contractor shall provide all labor, equipment, tools, vehicles, and industry standard safety gear to perform installation and repair work to the facilities and equipment described above in Section 1. 2.2 The contractor shall take digital photos of overall tower conditions upon request, such as hatches, paint conditions, radio antennas, cabling, ladders, and etc. Each photo shall have a caption indicating a description of the location and comments of the photograph. Each file shall be logically named by tower location. All photos shall be digitally provided to the City's representative by means of a CD, portable flash drive, or electronic mail within three business days of completion of the inspection. During the inspections, the contractor may discover deficiencies with the tower structures that require immediate repair. The contractor shall provide reasonable and fair market pricing estimates to perform these repairs. 2.3 Tanks and / or towers that may require service during the course of this contract include the following: • 79's & Slide Rd. — Lubbock, Tx — Radio Tower. • 3601 S.E. Loop 289 — Lubbock, Tx. —Radio Tower • 6001 N. Guava — Lubbock, Tx. — Water Tower, 142' high • 3 Miles West of Shallowater on US Hwy 84 — Radio Tower, 162' High • 3 Miles East of Littlefield on US Hwy 84 — Radio Tower, 132' High • New Amherst on US Hwy 84— Radio Tower, 152' High • 8 Miles West of Sudan on US Hwy 84 - Radio Tower, 172' High • Approximately 12 miles West of Muleshoe, Radio Tower, 300' High • McKenzie Park, Lubbock, Tx. Water Tower, 135' High 202 N.1-27 • 3601 S.E. Loop 289 • 7310 Milwaukee • 5114 FM 1585 • Lake Alan Henry Elevated Water Tank at 351" & Ave. W • Elevated Water Tank at 50" & Joliet • Elevated Water Tank at 70 & Genoa Ave. 2.4 The contractor shall coordinate with the City's representative to determine a priority listing of all equipment that need immediate repair or replacement. No work shall be performed without advance approval of the City's representative. The contractor shall provide a written cost estimate for all labor, parts, and equipment to the City's representative prior to beginning any work. 2.5 Once a priority list has been prepared by the contractor and approved by the City's representative, the contractor shall begin work to repair all items listed. 2.6 The contractor shall perform a full visual inspection of each tower or structure prior to performing any work on the structure to insure a safe ascent. Contractor shall note the condition of the structure and record any structural defects. In all instances, industry safety standards must be followed by all parties. 2.7 The City of Lubbock makes no guarantee of continuation of tasks. There may be periods of time when no work is requested of the contractor. The contractor shall make reasonable effort to schedule requested work in a timely manner for the City. The City shall make reasonable effort to schedule work in advance to avoid scheduling conflicts with the contractor. 2.8 After all requested work has been completed for any tower or tank, the vendor shall submit a full written report of overall condition of the structure, citing any deficiencies of the structure or peripheral equipment installed on or around the structure. Vendor shall complete a form with the following information and return to the City's Representative: TOWER SITE INFORMATION Site Name: Location: TxDOT Rep. District Longitude: Latitude: Tower Height w/o Attachments. Face Width of Tower:. Type of Tower: _Guyed _Self-supporting _Monopole _Other (Desc.) Tower Construction: _Angle _Tubular _Solid Rod _Other (Describe) Tower Manufacturer: Tower Make/Model: Tower Lighting System Manufacturer: _TWR _ Hughey/Phillips _ Other Lighting Controller Model #: Serial # Type of Lighting System: _Red Obstruction _Standard Red _ Med. Intensity _ Dual None # of Beacon Bulbs: # of Sidelight Bulbs: 3.0 4.0 TOWER CONDITION Good Fair Poor PM Problem & Explanation SUMMARY Performed A. Foundafion/Anchors B. Structure D. Guy Wires E. Paint G. Electrical System H. Antennas/Waveguide I. Grounding Ground Reading: J. Safety Climbing System K. Compound Area L. Building Return trip required? Yes /No Repair Rating Reason for Return Trip Noted Deficiencies Not Corrected: Emergency Repair 3.1 During the time this contract remains in effect, the vendor shall provide emergency repair services upon request by the City's representative. 3.2 When possible, all work shall be performed during normal business hours, Monday through Friday between 5:00 A.M and 5:00 P.M. However, situations could arise that may require immediate assistance during nights, weekends, or holidays. Vendor shall maintain a commitment to provide repair services during the entire terra of this contract. Regular and overtime rates shall be clearly stated in the bid and shall include all labor, truck, and equipment costs. Replacement items shall be quoted as the need arises. The vendor agrees that these stated charges shall apply when invoices are prepared. Safety 4.1 Vendor shall be responsible for maintaining a safe worksite. All workers on each crew shall adhere to safety practices using industry standards and OSHA requirements, as minimum. Crew foremen may make additions or improvements to minimum safety standards if, in his opinion, the worksite will be safer by doing so. Safe work practice shall be enforced by the vendor's company representative. Workers that do not follow safe work practices shall be excused from the job and asked to vacate the premises. 4.2 City personnel that approach the job site shall adhere to the same standards as the crew performing the work. The crew foreman shall have the authority to request all persons on the job site to adhere to these standards or vacate the job site. 4.3 Vendor shall ensure that all workers on the job site are free of substance abuse. If the contractor has strong suspicion that any of their employees are under the influence of drugs or alcohol, it shall be the responsibility of the foreman to excuse the worker from further duty and dealt with according to the contractor's disciplinary procedures. If a City representative suspects use of drugs or alcohol by the Contractor or their employees, the City representative shall bring the matter to the attention of the firm's owner immediately. All bidders shall include information as to their respective company's substance abuse policy and I or random substance testing for their employees when bids are submitted to the Purchasing Department at bid closing. 5.0 Job Cleanup 5.1 Upon completion of all work at each work site, the vendor shall remove all debris and rubbish. No trash or discarded materials of any type shall be buried or left anywhere on the property. 5.2 All empty containers shall be properly disposed of according to manufacturer recommendations. 6.0 Workmen Qualifications 6.1 Persons well versed and talented in the art of tower maintenance and inspection shall perform all inspection and repair work. Vendor shall have a minimum of ten continuous years of experience with radio communication tower erection and removal, repair, painting, installation of antennas and transmission lines, and tower electrical lighting systems. 6.2 All foremen and workmen shall maintain a positive and respectful relationship with City's representative(s). 6.3 All services performed shall comply with applicable codes, local and state policies, guidelines, and specifications. Vendor shall secure any required licenses or permits, as required by law. 6.4 Vendor shall maintain control and be responsible for their own tools, equipment, and vehicles. Theft or loss shall not be the responsibility of the City of Lubbock. 7.0 Site Access 7.1 Access to City facilities are controlled by City employees. Where applicable, vendors shall sign in before beginning work and sign out each work day. All workers on all crews shall be listed on the sign -in sheets. 7.2 Site access shall be gained through coordination with the City representative(s). The City representative shall provide access for the contractor by unlocking all necessary locks to allow the contractor sufficient access to perforin requested work. The City representative shall ensure that all facilities are locked and secured at the end of each work day. 7.3 Contractor shall notify the Water Utilities Control Room operators anytime they arrive or exit City facilities. Phone numbers for the Control Room and City representatives will be provided to the successful proposer after contracts have been issued and signed by all parties. 8.0 Payment 8.1 Upon completion of each work assignment, the Vendor shall provide full disclosure statements of work completed and total invoicing for the time period. Invoices shall accurately describe the correct location, materials expense, labor expense, and mileage expenses separately by line item and include a grand total for all work performed. Workmen names and titles shall also be listed on the invoice. 8.2 Within 30 days of invoice date, the City shall pay the invoice in full, barring any discrepancies. Any questions or discrepancies must be addressed immediately and resolved promptly between the Vendor and the City's representative.