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Item 4D MemoCITY OF SOUTHLAKE MEMORANDUM (March 1, 2011) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve annual renewal of Town Square street sweeping contract with Mid - Cities Sweepers Plus, Inc. Action Requested: Renew street sweeping contract for Town Square public streets and parking garages with Mid - Cities Sweepers Plus in the amount of $64,488.84. Background Information: As a part of the City's responsibility for maintenance within Town Square, we manage the contract for street sweeping the public streets and the two parking garages within the Town Square development. This contract also provides for the daily emptying of all the trash containers within Town Square. Council approved the contract award for Mid - Cities on April 20, 2010, and must renew this contract before April 20, 2011. Sealed bids were solicited last year for a new service agreement to include the new two -story parking garage at the Central DPS facility and all additional trash containers added since the original bid in 2005. Prices for the services under this contract are for service every day of the week throughout the year. The contract with Mid - Cities allows for an annual increase in cost of 4 %, however, Mid - Cities is not requesting an increase. The annual unit prices for these services shall remain at: Public Street Sweeping $29,362.84 Public Parking Garages Sweeping $ 8,008.00 DPS Parking Garage Sweeping $ 9,100.00 Empty 125 Trash Containers $18,018.00 TOTAL $64,488.84 Inland Southwest reimburses the City for 91.75% of the cost to provide sweeping service for the public parking garages. This contract may be renewed for four additional years if the city is satisfied with the services provided. Financial Considerations: Funding for these services is available in the operating budget of the Streets and Drainage division. Strategic Link: These services link to the city's strategy map relative to focus areas of Infrastructure and Partnership. The specific corporate objectives that are met by these services are to provide quality customer service and to collaborate with select partners to implement service solutions. Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: The City Council may approve or deny this contract. Supporting Documents: Aerial exhibits of service areas in the contract Renewal packet Staff Recommendation: Renew street sweeping contract for Town Square public streets and parking garages with Mid - Cities Sweepers Plus in the amount of $64,488.84 Staff Contact: Robert H. Price, P.E., Public Works Director Cristina A. McMurray, C.P.M., Assistant to the Director of PW Public Streets and Parking Garages include in this contract. whem lips I Celal Ave. 00, MARMI&P - - I- - - - - Main St. ID 0 Trash containers included in this contract. lips .. -� •: +i ..C. r � e o r ►� 'Yftt Garage: 12 • . i . ti ' ` '° 0" I fAt 'ti r �, • s �_ ' } East ' T ! 4 �1 R • p �•� �p g i ■ •�. i `1 1����11•�li� fp p I t, a� .i ;, �.. �y' • i it �'- �� l - �' r � • �'�. �; � • 0— OF SOUTHLAKE 0 February 10, 2011 Mid - Cities Sweepers Plus Inc. 1223 Corporate Dr. E. Suite C Arlington, Texas 76006 ATTN: Mr. James R. Corder Subject: Option to Extend Notification for RFP1002B360CM100004 PROVIDE SWEEPING SERVICES FOR CITY OF SOUTHLAKE TOWN SQUARE Dear Mr. Corder: The City of Southlake is providing notification they intend to extend the contract, pending City Council approval, resulting from your RFP1002B360CM100004 PROVIDE SWEEPING SERVICES FOR CITY OF SOUTHLAKE TOWN SQUARE copy included for Fiscal Year 2011. This extension shall become effective after City Council approval (CC Award date ) and shall continue in full force based on the terms and conditions of the initial award. Additionally as a condition of contract renewal a price adjustment may be requested by the vendor and considered by the City. In support of a price adjustment, vendor may submit documentation as to the need of the price adjustment. Requests for price adjustments may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the vendor's cost, not profit. You have indicated your company will not be requesting a pricing increase at this renewal therefore the original terms and conditions shall be as provided in the original procurement documents. The terms and conditions proposed and accepted in this renewal agreement are as follows Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and /or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFP DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to three more one year renewals per original documents City Contact: CRISTINA McMURRAY 817 - 748 -8650 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817.748.8312 with any questions Sincerely, Tim Slifka, Purchasing Manager Purchasing Manager City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka(a)ci. southlake.tx.us Phone / Fax: 817.748.8312 / 817.748.8048 File (2 copies) Renewal Approved John Terrell Mayor, City of Southlake Date 1400 Main Street, Suite 440 Southlake, Texas 76092 Timothy Slifka From: Cristina McMurray Sent: Thursday, February 10, 2011 1:17 PM To: Timothy Slifka Cc: Bob Price Subject: FW: Town Square Contract Renewal Ti m, Mid cities is not requesting a rate increase. Please see email below. Thank you, Cristina Cristina A. McMurray, C.P.M Assistant to the Director City of Southlake 1400 Main St., Suite 320 Southlake, TX 76092 (817) 748 -8650 (office) (817) 748 -8077 (fax) From: Victoria Chittam Sent: Thursday, February 10, 2011 10:17 AM To: Cristina McMurray Subject: FW: Town Square Contract Renewal From: James Corder [mailto:midcities @sbcglobal.net] Sent: Thursday, February 10, 2011 10:16 AM To: Victoria Chittam Subject: Re: Town Square Contract Renewal Victoria, We are holding our price the same. That won't be a problem. Thanks so much and stay warm. Jimmy Corder On Thu, 2/10/11, Victoria Chittam < vchittann (a;ei.soutlhlrike.tx.us wrote: From: Victoria Chittam < vchittam �,ci.southlake.tx.us Subject: Town Square Contract Renewal To: "'midcities @sbcglobal.net "' < midcities2csbc,lobal.net > Date: Thursday, February 10, 2011, 9:42 AM Mr. Corder: I am working with Cristina McMurray on the Town Square Contract Renewal for the City Council, and we are need to know if you are expecting a price increase for this year. As any increase has to be approved by council we would also need justifications for any increases if you they are expected. Thank you, Victoria Chittam Intern Public Works Department City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 817 - 748 -8637 April 21, 2010 Mid- Cities Sweepers Plus, Inc. 1223 Corporate Dr. E. Suite C Arlington, Texas 76006 ATTN: James R. Corder Subject: RFP1002B360CM100004 PROVIDE SWEEPING SERVICES FOR CITY OF SOUTHLAKE TOWN SQUARE Dear Mr. Corder: The City of Southlake is pleased to inform you that Mid - Cities Sweepers Plus, Inc., of Arlington, Texas is the awarded vendor for "RFP1002B360CM100004 PROVIDE SWEEPING SERVICES FOR CITY OF SOUTHLAKE TOWN SQUARE" The award and this agreement are based on your submitted proposal to the City RFP1002B360CM100$04, copy enclosed. This is a single vendor award contract. Your company's award is attached. This award was approved by the City of Southlake City Council on April 20,_2 The terms and conditions proposed and accepted in this agreement are as follows: Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment) Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing the awarded items exclusively during the term of the contract from the successful vendors. Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: Vendor Delivery or City employee pick -up. Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of award and is available for up to four, one year annual renewals per proposal language. City Contact: CRISTiNA McMURRAY 817 -746 -8650 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817.748.8312 with any questions. Sincerely, Tim Slifka O' Purchasing Manager City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka(a)ci.southlake.tx.us Phone / Fax: 817.748.8312 / 817.748.8048 Contract a ward Accepted: Signed: Mayor John Terrell DATE: g1 - L10 Cc: Originator 1400 Main Street, Suite 440 Southlake, Texas 76092 Appendix B — Proposal Pro osees Legal Name: Address: f; Q State & Zi T �� LS Federal Employees Identification Number # a 3 to D-1 3 Phone Number: - y Q° Fax Number; 8 k - 1 - kAO - 1a� O FrW Address: Proposer Au*o 6n 1, the undersigned, have the authority to execute this Proposal in its entirety as submitted and eater into a contract on behalf of the Proposer. Printed Name and Position of Ai Signalum of Authorized Represe Signed this 17r a day) of I learned of this Request for Proposals by the fbMwing means: ❑ Newspaper Advertisement ❑ Southlake Website ❑ Mailed Me a Copy Lf City E-mail Notification ❑ Cold Call to City ❑ Other CYO OfSonflileke - RFP10020360CM300004 - Page 7 of 26 Subm ittal Checklist: (To determine validity of proposal) Appendix B (pages through Attachment A ) must be included in the proposal submittal Appendix C (page _14 must be included in the proposal submittal. Appendix B — Proposal (continued) I. REQUIRED PROPOSAL INFORMATION IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, ,PROPOSER MAST SUBMITALL OF THE FOLLOWING INFORMAHfON: 1. Proposed Products and/or Services A. Product or Sgndgc Description Proposers should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical information may be used. B. Additional Hardware 2gHfi bons: Proposers should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties Each Proposer shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Proposer with the Proposal submitted. D. P Meet 5ohedulwDeliyga Date Proposer must provide a project schedule noting all projected completion dates for segments of the Project, from start -up to completion, and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. 2. Cost of Proposed Products and /or Services A. Pr_ icing Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. B. Schedule of Pricing Proposer shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format: PLEASE COMPLETE PRICING ON ATTACHED PERFORMANCE SPECIFICATIONS/CONTRACT FOR SWEEPING SERVICES AT CITY OF SOUTHLAI E TOWN SQUARE 3. Term of Contract and Option to Extend: Any contract resulting fro>n this RFP shall be effective for twelve months from date of pwoord. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract- A Option Clause: It is agreed that City will have the option to extend the contract for up to four (4) additional years, in one, -year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension. The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. City of Senthlake - RFP1002B360CM200004 - Page 8 of 26 Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor's cost, not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will be considered as 0% escalation. C. Price increases Upon Extension: If approved by the City, the Contractor shall .modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent (4 per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Contractor's rates. City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. FIRST ADDITIONAL YEAR (FY 10-11) ESCALATION ........................... 1 4 SECOND ADDITIONAL YEAR (FY 11 -12) ESCALATION ...............» - ° L% THIRD ADDIMONAL YEAR (FY 12 -13) ESCALATION ......................... % FOURTH ADDITIONAL YEAR "13-14) ESCALATION ......................... � % 4. Proposer's Experience 1 Staff A. Project Team Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Replacement_ of Staff If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. C. Business Establishment State the number of years the Proposer's business has been established and operating. If Proposer's business has changed tames or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; State the number of years experience the business has: A and the number of employees:. D. Project Related Experience All Proposals must include detailed information that details the Proposer's experience and expertise in providing the requested services that demonstrates the Proposees ability to logically plan and complete the requested project. City of Southhae - RFP1002B360CM100004 - Page 9 of 26 5. References Proposer shall provide four (4) references where Proposer has performed similar to or the same types of services as described herein. Reference #1: Client / Company 7,9 d e d /� ?/� f ,� ��✓7 h Contact blame: 3r 1 Contact Title: a 1 l'H: q 40 ?.,.. ,� ,.� :A " Email: Date and Scope of Work Provided: * Work Reference #Z: Client / Comp an Name: Gr �- t p- Contact r3ame• Co Ti ` �: Email: Date and Scope of Provided: * Work Reference #3: Client / Compan Name :.� Contact Name:/) �� � Coma itl q�� PH: P 17 - 4,4 -- 9' 0 - Email: Date and Scope of Work Provided: Reference 44: Client / Company e: Con dame ce Contact �r gH: � l �•7.. , �r•- f� � Email: Date and Scope of Work Provided: a City ofSouthlake - RFP1002B360CM100M - Page 10 of 26 6. Trade Secrets andlor Confidential Information Trade Secrets and/or Confidential Information: This proposal _ (does) Y (does not) contain trade secrets and /or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. 7. Federal, State and /or Local Identification Information A. Centralized Master Bidders List registration number: .. P J AA J� j ---fJ 4 — B. Prime contractor RUB/ MWBE registration number: A C. An individual Proposer acting as a sole propri tT must also enter the Proposer's Social Security Number: # - - I I ] H. CONTRACT TERMS AND CONDITIONS EXCEPT WHERE PROPOSER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM TMS RFP WILL CONTAIN 7ZW FOLLOWLNG TERMS AND CONDITIONS, K CH PROPOSER HEREBY AAWOWZ"GES, AND TO WlffCH PROPOSER AGREES BYSUBA9777NGA PROPOSAL: 1. Delivery of Products and /or Services A. Payment Terms Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice. B. LNarran of Products and Services: All. products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided. C. Late DeIivem or ,Perftnaugg If Proposer fails to deliver acceptable goods or services within the timefrarnes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. 2. Miscellaneous E. Ind Mendent Contractor Proposer agrees that Proposer and Proposer's employees and agents have no employer - employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any :medical or retirement benefits or any paid vacation or sick leave. CW of South take - RFP1002B360CM100004 - Page 11 of 26 F. Assignments The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. G. L.,igns Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Proposer or Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. H. Gratuities / Bribes Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successfW Proposer, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract I. Financial Participation Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. J. required Licenses Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. K. Authority to Submit Proposal and_Enter Contract The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract. L. Compliance with Applicable Law Proposer agrees that the contract will be subject ta, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. 3. Financial Responsibility Provisions A. Insurance The Proposer, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. C ty of Southhke - UP1062B368CM100004 - Page 12 of 26 B. Indemnification Proposer agrees to defend, indemniry and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs„ damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Proposer or any agent, employee, subcontractor, or supplier or Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. City of'SouthWe - RFP1002B360CM100004 - Page 13 of 26 :-t<` r CERTIFICATE OF LIABILITY INSURANCE �7E�(MNlr 1 1`16 rtn I F•1L.M 1 c 1.7 100ur-IJ no M MM 1 i cn LA' tr4runMM I ILA% LJI%L 1 "mnLr %,vnr'Cno t %V nnen I a ur%m a rite %.cn I rrn. "l.O . i e1t� CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the cert lt - rc$te holler IS an ADDITIONAL INSURED, the pall lea) muM be andorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the polity, certain policies may require an endorsement. A statement on this cartiflcate does not confer rfohb to the certHlcate holder in lieu Of Such endorsementfs). PRODUCER Higginbotham & Associates Inc. McKinney Insurance Group EO Box 3097 McKinney TX 75070 INSURED Mid Cities Sweepers Plus 1223 Corporate Drive East Ste C Arlington TX 76006 AFFORDING COVERAGE nnfrrdAn 1%e0'r1e1n_ATC I on 1'3nco A 70 or-wiCInM RJ11e11Mrp. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, WE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF 6UCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AWL SUBF1 P P 1 O Rl 21 A YP TEOFINBURANCE GENERAL LIABILITY K COMMERCIAL OENERALLIA13ILlTV CLAMS-MADE FOCCUR V0 POLICYNUMBER 04CC20649830 D 6/19/2009 MID 6/19/2010 DARITB JEACHOCCURRENCE $1,000,000 PRE $200,000 MEDEXP(Any real) $10,000 PERSONAL & ADV INJURY $1, 000 , 000 GENERAL AGGREGATE $2,000,000 GENLAGGREGATE LIMIT APPLIES PER: POLICY F 7 P LOC PRODUCTS•COMPIOPAGG $2.000,000 $ 8 AUTOMOBILELIA131UTY X ANY AUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS NOR-OWNED AUTO 02SA41377730 6/19/2009 611912010 COMBINEDeiNGLELIMIT (Ea sadden) $1,000,000 BODILY INJURY (Per person) $ 130DILY INJURY (PWaocldW) $ PROPERTY DAMAGE (Paracckbnt $ $ 8 C X UMBRELLAUAD E(CESSI" X OCCUR CLAIM64AADE 016U41220420 6/19/2009 6/19/2010 EACHOCCURRENCE $2,000,000 AGGREGATE $2,000,000 DEDUCTIBLE RETENTION 8 $ $ D WORKERS COMPENSATION AND EMPLOYERS' UABILrrY Y IN ANYPROPFUETOWPARTNERIEX£COTI[VE :] OFFICERMEMSER EXCLUDED? (Mandatory In NFq II ye 9, desalbo under DY=8CRIPTICN0FOPEHAROEV5bebW NIA SBPDOD1135385 8/29/2009 8/29/2010 1 TOOL M 1 % ER E.LEACHACCIDENT $500,004 E.L. DISEASE -EA EMPLOYE $500,000 E,L.DISEASE - POLICYLMFr $590,000 DSSCRIPTIONOFOPERATIONS /LOCATIM$Iv6HICLFS ( Atl4rh ACORD Isi AddldanelRwarksScheduk ,Iltnotaapacatarequlrad) SHOULD ANY OFTHE ABOVE DE&CRIB50 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION& City of South Lake Attn: Tim Slifka, Purchasing Manager 1400 Main, Ste 400 AUTHOR¢EDREPRESEIITATIVE South Lake TX 76092 f'` ® f 9n•2ae ACORD CORPORATION. All rlahte reserved. ACORD 25 (2009109) The ACORD rime and logo are registered marks of ACORD Appendix C — Form CIQ INFORMA270N RF'G1" VENDOR CONFLICT 0FI T QUESnlOANUM WHO: A person must file a conflict of interest questionnaire with the City if the person has a employment car business ielatiienship with an oilf'icer of the City Heat results in tuxuble income cxcwdiurg 52.,500 during the preceding twelve month period, or art officer or a member of the officces tinnily bas accepted gigs with an aawgatc value of more than $250 during the previous twelve monde period and the pemm engages in any of the following actions: 1. oontmots or seeks to contract for the sate or pm dum of property, goods, or services with the City, including any of the following: a written and implied contracts, utility purchases, Pump orders, credit carol Purchases med any purchase of goods and services by the City; b. contracts for ft purchase or salt of real property, personal property including an auction ofproperty; c. tax abatement and sccmomic development agrnaments; 2. submits a bid to sell goods or services, or responds to a request for proposal for services; 3. enters into negotiations with the City for a contract; or 4. applies for a fax abatement and/or economic development incentive that will result in a contract withthe City. THE FOLLOWING ARE CONSIDERED OFFICMS OF THR CITY: 1. Mayorand City Council Members; 2. City Manager. 3. /Doerr and Commission members appointed by the Mayor or City Council members; 4. Din clots of 4A and 4H development corporations; 5. the in=utive directors or managers of 4A and 4S development corporations; and 6. Director., of the City of Soutbhake who have authority to sign contracts on behalf ofthe city. EXCLUSIONS. A questionnaire statement treed not be filed if ttre money paid to a local government officer was a political contribution, a gilt to a member of the ofl`cces family from a family member; a comract or purchase of less than $2,500 or a transaction at a price and subject tivk4mntaWu9lNraucu�m�an�aprae 176.Aeeerune�tClQ992bQrdae � � ��P3 City of South lake RFP1002W601CMI00004 - Page 14 of 26 to terms available to the public, a payment for food, lodging, transportation or asatainment; or A transaction subjed to raft or fee regulation by a governmental entity or agency. WRAT. A person or business that contracts with the City or wbo seeks to contract with the City must file a "conflict of Interest questionnaire" (FORM CIO) which is available online at www.cthimstate.tK.uj and a copy of whieb is attached to this Guidelines. The form contains mandatory disclosures regarding "employment or business reladordtips" with a municipal officer. Officials may be asked to clarify or Interpret various portions of the questionnaire_ WHEAL: The person or business must file: I. the questionnaire no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, conrspondence, or other writing related to a potential contract or agreement with the City, and 2. an updated qucstionnake within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bidd or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a pwposal is submitted or negotiations comrnclim WHERE: The vendor or potential vendor must mail or deliver it oompkk d questionnaire to the Finanee Ilepartment The Aarsee Deperlg wmi k mgrubwd by law to past the aWam niv an ire City's internee "Odle. ENFORCRMENT: Failure to file a questiostuaire is a class a misdemeanor punishabic by a fine not to exceed $500. It is an exception to prosecution that the person files a DORM CTQ not later than seven business days after the person received notice of a violation. NOTE: The City does not have a duty to ensure that a person files a conflict of interest questionnaire_ w:�a�u s wt as .utc>netVt I MAMG,m«aUQ.av7le Aoc ra "rl City ofSoaihh*e - RFP1002B360CM100004 - Page 15 of 26 CONFLICT OF INTEREST QUESTIONNAIRE FORM C10 For vtertdar or other person deh V business with h=1 gavartumml entity lints gneslinntmtrn rn>teep etlragee meal ao the low 6y HA 1481, ssih Lop„ Wpgw 6etri 01FROUSEONLY This quoStibbnainAisbeing Mad fa=c ordancew11h0vap ter176.LocalGGv@MnWntCW6 6ad<la4arWW Eya Person whobas&buapreae relstionshlpas bySodion 176.001(: -a) mM1a kwa l govarnmentalenfityand the person means nlgtimimsM uador godion 17G.Afii3(a� BY lswrthisgmforuteitemusibeflladvAhtherer n% adminishWorol the locelgovernmorUl erditynWl 029tlwt7thbusinessdayallerthedatathopersonbeeonmawareofiWaft that requirethe WaNvordtobefilud. Sao Sectlon176 .006, Local CiovemmaniCode. A person commit an affansa d rho puma knowingly violates Samar 17&006. Loral Gov emment Cod An olfenseunderthis sac6ou is &Claws C mbidrmaanor. 1 Nmrteor erson who lies alf usinmrerellonship %ith local govemmemaient* lv ofleakinis box 11youref hmenasdmwapreviouSly RrndgctenrinnAstr@. A.._.! (TM faW r1WJWs that ypu fits 0* updated completed questionnaire won Ihe< appmpoate t!llImp auftriH not ulef gten Iha r1h pwrnaes day silents caw th0 orlpinelty lied Rua lonmft hemmer Inoenglsto ar lnsceurate.) Neovemme tamorvamvmomotamas6mptoymeatmerushressreman ". Name olOtAcer TWs sadroa (Morn k f icludinp suhpartr A. 0, C d O) most h6 t minted rom H¢h alriaer Mth wholn the Sor has an employmant or oiler business reWanshfjo M daftmd W & Local Ummrneat Coda Atlaah addlliuml pages to this Fom1 CIO as aeconw. A. Is the loml gouamnlem ot%arn>oM to this semlon receiving or t ellp to receive tauable (norm. othsrthen tnveskma moon from the filer of the qu ttlomahe7 M Yes M ate B. is the Werorttraquesilmnaire rooeivrllg vrikeyto moe(va wxablatncarne, dherltm IrlYeslmBrr) Income, ham or anhe WKUon of the 1=1 gov4murreal Meer tramW In this section AND the taxable Inoo ns Is rtat arena ea from the rocal VWlenunentat ahltw ED Yet a is the Mer m We gtreefioeri We enployed by ;p corpotatbn or other aselness arty vier respect to, which the local gMMMont of V Hives M an after o dimckw, or holds on ownership or 10 pareent or moral Fly- hlo U. DoWbe each employment or hushes relotlortshtp with the Inept gmrnment om narh is mle room. a %pouae er pow chirp blahlees w11h the !tBM>+M&frau envy pale Adorileb ge1231707 W- %%1nh1akglMkWlonMAChspUr l76.Atrndunn2&0Q.Wfffl3.daa Pops 3 of3 City of Souibluke - RFPl002B360CMJ00004 - Page 16 of 26 `�. A D — No Intent to Submit Form If your firm not to submit a bid for this procurement, please complete submit to: City of Sout Purchasing artm of Finance 1400 Main S 4�(1 5outhlake, T Please cheeat a� ply: ❑ Do not sell the item(s) required ❑ Cannot be competitive ❑ Cannot meet specifications highlighted in request / form and Cannot provide Insurance required ❑ Cannot provide Bonding required comply with Indemnification ❑ Job too barge ❑.lob too Q Do not wish to do business th the City of Southlake ❑ Other: COMPANY NAME Authorized print): Name (Please print): Pax: ( Clay ofSnahlake - "P1002B360CM100004 - Page 17 of 26 ATTACHMENT `A' 19 CITY Or SOUTH LA ICE TEXAS Performance Specifications /Contract for Sweeping Services at City of Southlake Town Square Scope of Work: The contractor shall provide the following services at Southlake Town Square* every day of the week for the term of this contract: • Sweep public streets, including blowing of all gutters between wheel stops, blowing of all comers, and sweeping all curb line with curb broom. (see attached map Exhibit 1); • Sweep entire level surface of all levels, four (4) story public garages at two (2) locations (1451 Federal & 351 State Street), ensure all debris removed from corners, and stairwells; (see attached reap Exhibit 2) • Sweep entire level surface of all levels, two (2) story private garage at one (1) location (600 State Street). Ensure all debris is removed from corners and stairwells; (see attached map Exhibit 2); • Empty all trash cans and replace all trash can liners in Town Square and four (4) parks total of 125 (no matter how full or empty the contractor finds the care). Clean up any spills resulting from tom liners. Replace with liners of minimum 5 mil thickness, low density, with star shaped bottom. (see Exhibit 2); Additional Requirements: • All work shall be completed during non - business hours (I2 a.m. until 5 a.m.). • The successful contractor is responsible for disposal of all trash collected. • Alf employees shall wear company uniform and identification while on city property; • All vehicles shall be clearly identified with company name; • All equipment shall be in good condition and free of leaks. Contractor is responsible for any cleanup of hydraulic oil or fluids. • Vendor shall provide a current vehicle and equipment inventory list detailing the Make, Model, Year, and Quantity of the equipment available for this project. *See attached maps for all areas to be serviced. City ofSouthkke - UP1002B360CM100004 - Page 18 of26 Insurance The Contractor will carry Workmen's Compensation Insurance, Public Liability and Property Damage Insurance, and Automobile Insurance sufficient to provide adequate protection against damage claims which may arise from operations under this Contract in compliance with the following: Contractors Insurance: Without limiting any of the other obligations or liabilities of the Contractor, during the term of the contract, the Contractor and each subcontractor, at their own exeense, shall purchase and maintain the herein stipulated minimum insurance with companies duly approved to do business in the State of Texas and satisfactory to the Owner. Certificates of each policy shall be delivered to the Owner More any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled, non- renewed or materially changedd without 30 days advance written notice being given to the Owner, except when the policy is being canceled for nonpayment of premium, in which case 10 days advance written notice is required. Prior to the effective date of cancellation, Contractor must deliver to the Owner a replacement certificate of insurance or proof of reinstatement. A model Certificate of Insurance is illustrated herein. Coverage shall be of the following types and not less than the specified amounts: (a) workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the Owner; employer's liability insurance of not less than $100,000 for each accident, $100,000 disease- - each employee, $500,000 disease - policy limit. (b) commercial general liability insurance, includin independent contractuas liability, completed operations and contractual liability covering, but not limited to, the liability assumed under the indemnification rovisions of this contract, fully insuring Contractor's (or subcontractor's liability for injury to or death of Owner's employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with minimum limits as set forth below: General Aggregate Products -- Components/ Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (any one fire) Medical Expense (any one person) $1,000,000 $1000,000 1600,000 $600,000 $50,000 $5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this pro ect involves work with asbestos) and XCU ( explosion, collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion and acceptance of the work, with evidence of same filed with owner. (c) comprehensive automobile and truck liability insurance, covering owned, h' and non -owned vehicles, with a combined bodily injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 bodily injury (per accident) and $100,000 for property damage. Such insurance shell include coverage for loading and unloading hazards. CW ofSoutklake - RM062B350CM100004 - Page 19 of 26 Owner's Protective Liability Insurance: Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's protective Iiability insurance policy naming the Owner as insured for property damage and bodily injury, which may arise in the prosecution of the work or Contractor's operations under Os contract. Coverage shall be on an "Occurrence" basis, and the policy shall be issued by the serve insurance company that carries the Contractor's liability insurance with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,0,000 aggregate. "Umbrella" Liability Insurance: The Contractor shall obtain, pay for and maintain umbrella liability insurance during the contract term, insuring Contractor for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and properly damage that follows form and applies in excess of the primary inability coverages required herein above. The policy shall provide "drop down" coverage where underlying prirnary insurance coverage limits are insufficient or exhausted. Owner and Engineer shall be named as additional insured. Policy Endorsements and Special Conditions: (a) Each insurance policy to be furnished by Contractor shall include the following conditions by endorsement to the policy: (1) name the Owner and the Engineer as an additional insured as to all applicable coverage; (2) each policy shall require that 30 days prior to the cancellation, non - renewal or any material change in coverage, a notice thereof shall be iven to Owner by certified mail. If the polio is canceled for nonpayment of premium, only 10 days written notice to Owner is required; (3) the term Owner" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the Owner and individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the Owner; . (4) the policy phrase "other insurance" shall not apply to the Owner where the Owner is an additional insured on the policy; and (S) all provisions of the contract eoneeming liability, duty and standard of care together with the indemnification provision, shall be underwritten by contractual liability covcrage sufficient to include such obligations within applicable policies. (b) Insurance furnished by the Contractor shall be in accordance with the following requirements: (I) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by Contractor. The Owner's decision thereon shall be final; Cif), ofSoafhtake - RM002S360CM100004 - Page 20 of 26 (2) all policies are to be written through companies duly licensed to transact that class of insurance in the State of Texas; and (3) all liability ?olicies required herein shall be written with an "occurrence basis coverage trigger. (c) Contractor agrees to the following: (1) Contractor hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Owner, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; (2) companies issuing the insurance policies and Contractor shall have no recourse against the Owner for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor; (3) approval, disapproval or failure to act by the Owner regarding any insurance supplied by the Contractor (or an subcontractors) shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the banluptcy, insolvency or denial of liability by the insurance company exonerate the Contractor from liability; and (4) no special payments shall be made for any insurance that the Contractor and subcontractors are required to carry; all are included in the contract price and the contract unit prices. Any of such insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. The Contractor shall furnish the Owner with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by these contract documents. Questions should be directed to Jeff Parrack, via e-mail ( iparracic(a�ci.southlake.tx.us) or Cristina McMurray at cmcmurra ci.southlake.tx.us or (817) 748 -8098. PROPOSAL SCHEDULE The undersigned bidder having thoroughly examined the contract documents, including specifications, the site of the project, maps and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material, except as specified to be furnished by the city, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to inspection and City OfSonowe - UP1002B364CM106004 - Page 21 of 26 approval by the City of Southlake, Teus, and binds himself upon acceptance of this Proposal to execute a contract. Contractor proposes to do the work within the time stated and for the following sums: UNIT ONE; All work required by the specifications, including labor and materials to perform the following in Southlake Town Square seven days per week: • Sweep public streets, including blowing of all gutters between wheel stops, blowing of all corners, and sweeping all curb line with curb broom. (see attached map Exhibit 1 for locations); UNIT ONE TOTAL: $ , � week for 52 weeks $ -Q q 3 4v -:2, 8y UNIT TWO: All work required by the specifications, including labor and materials to perform the following in Southlake Town Square seven days per week: • Sweep entire level surface of all levels, four (4) story public garages at two (2) locations (1451 federal & 351 State Street), ensure all debris removed from corners, and stairwells; (see attached map Exhibit 2 for locations); UNIT TWO TOTAL: $ % 00 per week for 52 weeks = $ g r UNIT THREE: All work required by the specifications, including labor and materials to perform the following in Southlake Town Square seven days per week: • Sweep entire level surface of all levels, two (2) story private garage at one (1) location (DPS Central Facility -- 600 State Street). Ensure all debris removed from corners and stairwells; (see attached map Exhibit 2 for locations); UNIT THREE TOTAL: $ , . t~ v er week for 52 weeks = $ / ` j UNIT FOUR: All work required by the specifications, including labor and materials for emptying all trash cans and replacing all trash can liners seven days per week City ofSoaddake - RFP1002B360CM100004 - Page 22 of26 • Empty all trash cans and replace all trash can liners in Town Square and four (4) parks; total of 125 (no matter bow full or empty the contractor finds the can). Clean up any spills resulting from torn liners. Replace with liners of minimum 6 mil thickness, low density, with star shaped bottom. (see attached map Exhibit 2 for locations); p UNIT FOUR TOTAL: $ 3 V b ' or week for 52 weeks = $ C7 o a If additional trash mqa cles are added to Town Square in the future, they will be charged at $ per unit, per week. UNIT ONE TOTAL: UNIT TWO TOTAL: UNIT THREE TOTAL: UNIT FOUR TOTAL: TOTAL, BID: C;29,136a f 19 5/ $ . - 1?00 F, tea $ Bidder will be chosen based on lowest responsible bid. The intent is to award this contract to one bidder. Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are in compliance with all applicable regulations. The bidder agrees to begin said service on May 1, 2010 and continue service through April 30, 2011. The contract may be canceled by either party for any reason upon thirty (30) days written notification; however, the City may terminate this contract immediately, upon written notification, for unsatisfactory performance by the successful bidder. Upon termination, a final accoundrig will be made of the fees payable to the successful bidder. The City's good faith determination of the amount due in this regard shall be final and binding between the contracting patties. The successful bidder shall not be entitled to lost or anticipated payments in the event of the City's exercise of such a right. This agreement may be extended for four additional one year periods if written notice to extend the agreement is executed by both parties not later than thirty (30) days prior to the expiration of the then current contract period. CIO of Southh4e - RFP1002B360CM100004 - Page 23 of 26 The City reserves the right to withhold any payment or partial payment otherwise due the Contractor for any unsatisfactory performance or damage by the Contractor. This amount shall be withheld until such work is corrected. If the City is dissatisfied with the quality of the Contractor's performance, or if the Contractor fails to comply with the terms of this Agreement, the City shall so inform the Contractor in writing, noting all areas of dissatisfaction and the Contractor shall correct the deficiencies within 24 hours after receipt of the notice. If the Contractor fails to correct the deficiencies within the said period or Contractor receives more than one such notice for the term of this agreement, the City may elect to: a. Perform the services itself, or obtain others to perform the services, in which the City may recover those costs by deducting that mount from the Contractor's monthly invoice; and/or, b. Terminate the Agreement immediately by giving written notice to the Contractor. Termination by the City under this section shall be in addition to all other remedies that the City may have against the Contractor. Resp ally submitted By r �/� (Signature) (Printed Name) -- Title .Address (SEAL) If bidder Corporation City ofSoulklake - R"1002B360CM100004 - Page 24 of 26 ♦lfl1/ M ALL PUBLIC STREETS a& of Sure Make _ P"1002W60CM100004 - Wage 25 of 26 - { r J' F` 1 I ` • d - h ! u 1 t 1 IA TF 1 I - 1.. 31: CIF 1 - ����' .0 a 1 �� -• k.� ac5 _ A � f � 1 - LS .'1 � Ys, _ 1 _ -1 - �£ 1 f y 4 i O 1. •' 1 _` r� �. ��� _ -- �`- I a u .•. F.... �� .,rte V . - 1 'k ' 4_�.. 4....yF:.,. 2na * EAST GARAGE ♦ WEST GARAGE ♦ DPS CENTRAL GARAGE ♦ ALL TRASH CANS ---125 TOTAL MY ofSouthlake - RFPI@02B360CVI100004 - Page 26 of 26 "r, r _ r i r -fir r �r�? ,Yti , �� `i`�, -� g. '+�c�� : r i 4 x - j • vl to Eli _ rV z. 1 I Y ,tlr Y z n r r - .1 mil 4 q . v t fk 07 l MC : - r r { •Cad l fi ,. r S:.r.