HomeMy WebLinkAboutResolution - 2009-R0076 - Contract - Advanced Enterprises - LPSIA Cleaning Services - 02/26/2009Resolution No. 2009-R0076
February 26, 2009
Item No. 5.10
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for window
cleaning services at Lubbock Preston Smith International Airport - Annual Pricing, by
and between the City of Lubbock and Advanced Enterprises of San Francisco,
California, 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 this 26th
ATTEST:
-Cpe-�.4 , - , e-� ,
Rebecca sarza, City Secretary ?S
VED AS TO CONTENT:
Loomis, Assistant City Manager
ortation & Public Works
APPROVED AS TO FORM:
C ad Weaver, Assistant City Attorney
day of February , 2009.
TOM MARTIN, MAYOR
vwlcedocslChadlResolutionslRES.Contract-Advanced Enterprises
January 26, 2009
Resolution No. 2009—R0076
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Window Cleaning Services at LPSIA—Annual Pricing
ITB #09 -009 -FO
THIS CONTRACT, made and entered into this 26th day of February, 2009, pursuant to a
resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of
Lubbock ("City"), and Advanced Enterprises Incorporated ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Window Cleaning Services
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 of
Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the
execution, in the name of the City of Lubbock a contract with said Contractor covering the
service of the said Window Cleaning 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
specifications and bid are attached hereto and made part hereof, Contractor- will provide
to the City the Window Cleaning Services specifically referred to as Items) No. 1 thru 7
and more particularly described in the bid submitted by the Contractor or in the
specifications attached hereto.
2. The contract shall be for a term of three years, said date of term beginning upon City
Council date of formal approval. The City and Contractor may, upon written mutual
consent, extend the contract for two additional one-year periods. The rates may be
adjusted upward or downward at that 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.
3. 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 procedure outlined in the
specifications and Invitation to Bid attached hereto and incorporated herein.
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:
INSURANCE COVERAGE REQUIRED
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.
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 AMOUNT
Commercial General Liability Per Occurrence:
General Aggregate $100,000
Automotive Liability:
Any Auto $100,000
Workers Compensation
Statutory Amounts
Employers' Liability $500,000
And/or
Occupational Medical & Disability
The City of Lubbock shall be named a primary additional insured with a waiver of
subrogation in favor of the City 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.
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.
6. 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.
7. This Contract consists of the following documents set forth herein; Invitation to Bid #09-
009 -FO, General Conditions, 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 LUBBOCK
Tom Martin, Mayor
ATTEST;
Rebec Garza, City Secretary
DIED AS T
y i 1
Loomis, Transportation and Public Works
int City Manager
r
Assistant City Attorney
CONTRACTOR
BY
Authorized Representative
/
Address
09 -009 -FO -Window Cleaning Services at LPSIA-Annual Pricing
SUBMIT TO:
, K T p Resolution No. 2009-R0076
CITY OF LUBBOCK
t f ` CITY OF LUBBOCK, TEXAS
Purchasing &Contract Management
J/
jf
1625 13" Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Felix Orta
n �+
EMPLOYER #09_Lln 09-i' O
TEL: 806.775.3150
FAX: 806.775.2164
http://purchasing.ei.lubbock.tx.us
SUBMITTAL DEADLINE:
TITLE: Window Cleaning Services
at LPSIA—Annual Pricing
December 16, 2008 @ 3.00 PM
PRE BID DATE, TIME AND LOCATION, : December 4, 2008 at 10:00
Any bids received after the time mid dale listed above, regerd/ess of the
A.M. in the Ambassador Room, 2°d
Floor, at Lubbock Preston
arodeofdeffmy, .shull be returned unopened
Smith International Airport, Lubbock,Texas.
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
Advanced Enterprises Inc.
NUMBER, THE CLOSING DATE. AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
MAILING ADDRESS:
101 California St., Suite 2450
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY — STATE — ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
San Francisco, Ca. 94111
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
TELEPHONE NO:
510.306.4301
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
IN THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
510.743.7700
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO,
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
68-0428253
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEH"T OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their
inunedidte family, benefit from the award of this bid to the above firm? YES _ x_ NO
IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE
ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID
FORM. AN INDIVIDUAL AU'THORI'ZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS
PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or
person submitting an offer for the sante materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further
agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or hereafter acquire tinder the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective
at the time the City (endccr- rlmd pa-mCIA nu, the vender.
Ili c Vice President
Authorized,, nature Title
Alan Newman 12/15/08
Pnntrrype Name hate
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITBtt 09 -189 -FO 7
09 -009 -FO -Window Cleaning Services at LPSIA-Annual Pricing
BID FORM
Window Cleaning Services at LPSIA—Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #09 -009 -FO
In compliance with the Invitation to Bid #09 -009 -FO, 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. The Invitation to Bid #09 -009 -FO is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
SERVICE LOCATION
Monthly Contract
Annual Contract Rate
Rate
Interior and exterior windows in the 4
terminal entranceways (including panes
I.
turning corners along hallway) (excluding
$400.00 X 12
$4,800.00
uppermost windows on sides), as specified
herein.
Interior side of all exterior windows in the
2
terminal building that begin at the floor &
end at the first ceiling on both I" and 2'd
$400.00 X 12
$4,800.00
levels as specified herein.
Interior side of all windows on the second
3
floor of the terminal building, overlooking
$1,200.00 X 1
$1,200.00
the carpet side/sterile area. Locked offices
must be accessed, as specified herein.
Interior and Exterior of uppermost
4.
windows in the 4 terminal entranceways,
$1,200.00 X 1
$1,200.00
as specified herein.
Interior side of uppermost windows on
5.
carpet side overlooking ramp area, as
$1„200.00 X 1
$1,200.00
specified herein.
Exterior side of all exterior windows at
6.
LPSIA terminal building (including over
$1,200.00 X 6
$7,200.00
the overhang roof areas), as specified
herein.
Exterior side of all windows on the second
7.
floor of the terminal building, overlooking
$1,200.00 X 1
$1,200.00
the carpet/sterile area, as specified herein.
Total Annual Bid
$21,600.00
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net _ 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
ITB# 09 -009 -FO 8
09 -009 -FO -Window Cleaning Services at LPSIA-Annual Pricing
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 Freaship 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 x NO
if you (the bidder) checked YES, the following :vill 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 materialstservice as needed.
THIS BID IS SUBMITTED BY Advanced Enterorises Inc a corporation
organized under the laws of the State of _California , or a partnership consisting of
or an individual trading as
Firm: Advanced Enterprises Inc.
Address:101 California St.
City: San Francisco
M/WBE
Firm:
of the City of
State: Ca Zip 94111
Woman Black American Native American
Hispanic American Asian Pacific Other (Specify)
American
By, �/�2.� f< 'i �'� - Date: 12/15/08
y
Authorized Representative - must sign by hand
Officer Name and Title: Alan Newman Vice President
Please Print
Business Telephone Number 510.306.4301 FAX: 510.743.7700
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB# 09.009 -FO 9