HomeMy WebLinkAboutResolution - 2017-R0167 - CKS Hydro Services, Inc. - 05/11/2017Resolution No.2017-R0167
Item No.6.9
May 11,2017
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,a contract for Rubber Removal for the Lubbock Preston
Smith International Airport ("LPSIA"), by and between the City of Lubbock and CKS Hydro
Services,Inc.("Contractor"),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 May 11
DANIEL M.POPE,MAYOR
ATTEST:
!hLL*L
Rebedca Garza, City Secretar
APPROVED AS TO CONTENT:
elly Campbell,Director of Aviation
APPROVEDT\S T^QlEQEM
irchell Satte/white, First Assistant City Attorney
RES.Contract LPSIA-CKS Hydro Services,Inc.
4-26-17
2017.
Resolution No. 2017-RO 167
Contract 13334
City of Lubbock, TX
Contract for
Rubber Removal for Lubbock Preston Smith International Airport
THIS CONTRACT made and entered into this 11" day of May, 2017, by and between the City of
Lubbock ("City"), and CKS Hydro Services, Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Rubber Removal for Lubbock
Preston Smith International Airport (LPSIA) 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 Rubber Removal for LPSIA.
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, Rubber Removal for LPSIA
and more specifically referred to as Item One 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.
3. The contract shall be for a term of one year, with the option of two, one year extensions, said
date of term beginning upon formal approval. The City does not guarantee any specific
amount of compensation, volume, minimum or maximum amount of services under this
contract. 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 of Lubbock 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 first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 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. 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
General Aggregate/Per Occurrence $1,000,000
Products-Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Automotive Liability
Combined Single Limit— Per Occurrence $1,000,000
Any Auto
Excess Liability — Umbrella Form, Per Occurrence $4,000,000
Workers Compensation
Or Occupational Medical and Disability
Employer's Liability $1,000,000
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 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. 17-
13334-TF, 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 LU BOCK
Daniel M. Pope, Mayor
ATTEST:
Garza, City Secretary
// APPROVED AS TO CONTENT:
lL
V (��
Kelly Campbell, Director of Aviation
CONTRACTOR
BY
Authorized Representative
\X"'V\V;
Print Name
Address
City, State, Zip Code
City of Lubbock, TX
ITB 17-13334-TF
Rubber Removal for Lubbock Preston Smith International Airport
Specifications
1. The contractor shall provide all services and materials associated with the removal of
rubber buildup on two runways (17R/35L and 08/26) at the airport. Runway 17R/35L is
150' x 11,500'; runway 08/26 is 150' x 8,003'.
2. The contractor will utilize an appropriate runway rubber removal chemical (such as Aero
Green) and low-pressure (20,000 psi or less) water blast equipment to clean and remove
the rubber, residue, and chemical completely from the concrete runway surface. Runway
surface will be left clean after the removal of rubber and ready to paint runway markings
as needed.
3. All work must be coordinated in advance with Airport Operations to ensure that
appropriate runway closures NOTAMS are issued, and that all coordination has been
completed prior to the start of rubber removal work. Only one runway closure will be
issued at any one time.
4. The flexibility to close either runway is dependent on wind conditions on any given day
and the ability of scheduled air carriers to operate from the runway that remains open and
usable.
5. The airport reserves the right to suspend rubber removal operations as it sees fit, on a
case by case basis.
6. Work will be conducted during daylight hours.
7. Contractor will be escorted by airport staff while on the airfield. Contractor's vehicles
will be equipped with operable amber rotating beacons.
8. Contractor will perform the work on an annual basis during one trip to the airport,
between January 1 and June 15.
9. The minimum total annual square footage for rubber removal cleaning is 570,000 s.f. The
actual amount of runway needing cleaning may exceed the minimum amount of square
footage and will be invoiced at the contractor's per square foot bid cost.
10. The airport's point of contact for rubber removal coordination is Raymond Trejo, 806-
777-7034, rtrejonmylubbock.us
BID FORM
Rubber Removal for Lubbock Preston Smith International Airport
City of Lubbock, TX
ITB No. 17-13334-TF
In compliance with the Invitation to Bid 17-13334-TF. 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 17-13334-TF is by reference incorporated in this contract. The Bid Form must be completed in blue or
black ink or by typewriter.
UOM
iTEM
DESCRIPTION
QTY
UNiT COST
E xTENDED COST
-j J
1.
Rumvay rubber removal, as specified.
Sl
570,Ui)0
S
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed
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 Rubber Removal for Lubbock Preston Smith International Airport 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 net�alendar 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 prices) 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?
S:Purcha,wJBid Docs/lTB 17-133.34-TF, Rubber Removal for Lubbock Preston Smith International Airport
4
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-,_-- 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 owr,1 materiaKiservice as needed.
_
THIS BID IS SUBMITTED BY orp ration organized under the laws of the State of
`—�_� � \ `�
or a partneraup consisting of or individual trading as
of the City of I
Firm: �.•S ��'a�:�% c7 y .> �' } ', r
Address: V
City: Ck 11 Q N<N A ;iS, State: NN Zip 7 �'
Bidder acknowledges receipt of the following addenda:
Addenda No. Addenda No,
Date H ti t Date
MJ'%`BE Fi
By \
Addenda No. Addenda No.
Date Date
m: F r Woman I I Black American Native American
Hispanic American I I Asian Pacific American I Other (Specify)
.4titborr'ed Representative - must sign h.v hand
Officer Name and Title:
Pleasc Print
Business Telephone Number g 1 ? ` ? ti FAX:
t_1
E-mail Address:._
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/]ndividual:
Date of Award by City Council (for hi& 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.
STurchaselBid fhxs/tTB 17-13334-TF. Rubber Removal fir Lubbock Presion Smith International .Airtxm
5
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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:
2017-197470
Date Filed:
04/24/2017
Date Acknowledged:
04/28/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
CKS HYDRO SERVICES, INC.
OCEAN SPRINGS, MS United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
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.
13334
RUBBER REMOVAL FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I 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
Drovided by Texas Ethics Commission www.ethics.state.tx.us
Var-inn \/1 fl RRR
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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:
12017-197470
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
CKS HYDRO SERVICES, INC.
OCEAN SPRINGS, MS United States
Date Filed:
04/24/2017
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
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 services, goods, or other property to be provided under the contract.
13334
RUBBER REMOVAL FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I 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 ttracting business entity
+„r, 01 fe„tQ
AFFIX NOTARY STAMP / SEAL-
Sworn to and subscribed`bel'gr��e, by Zpgsaid,1,.. al SGf � J —`j�('this the day of
20 to .(rlii h„wrtne `ri 4d;seal of office.
_, certify ybi@A
C ,tra`a�
Signature of officer adminIsWktp Printed name of officer administering oath Title of officer adrViinistering oath
• f f n o o rt ��
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883