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Item 4ECITY OF SOUTHLAKE MEMORANDUM December 17, 2013 To: Shana Yelverton, City Manager From: Sharen Jackson, Chief Financial Officer Timothy Slifka, Purchasing Manager Subject: Item 4E Authorize Contract Renewal with Alpine Tree Service for City of Southlake Tree Service Action Requested: Authorization to renew current contract for City tree related services with Alpine Tree Service. Background Information: The City Council approved the original contract with Alpine Tree Service on February 16, 2010. The original contract allows four (4), one-year contract renewals at the City's option. This is the fourth and final renewal. This contract provides all tree related services for the City. The contract is a multi -city contract which includes the City of Southlake and City of North Richland Hills. City of Southlake is the Lead Agency. The contract renewal includes the same pricing, terms and conditions of the original contract approved on February 16, 2010. Financial Considerations: Costs for City of Southlake tree services are funded through budgeted department maintenance accounts. Strategic Link: C1 — Achieve the highest standards of safety and security. C2 — Provide travel convenience within City and region. C3 — Provide attractive and unique spaces for enjoyment of personal interests. B2 — Collaborate with select partners to implement service solutions. B5 — Enhance service delivery through continual process improvement. Citizen Input/ Board Review: None Legal Review: Attorney reviewed original bid documents as to form Alternatives: Deny and re -bid tree services Supporting Documents: Current contract with Alpine Tree Service Staff Recommendation: Approve the renewal of this contract for tree services with Alpine Tree Service. SOUTHLAI<E Q1 November 26, 2013 Alpine Tree Service 1900 Brumlow Ave Southlake, Texas 76092 Attn: Derek Neubauer Subject: Notification of Contract Extension for Provide Tree Services for City of Southlake RFB0910B200TS900039 Dear: Mr. Neubauer: The City of Southlake is providing notification of contract extension, pending City Council approval, for "Provide Tree Services for City of Southlake RFB091013200TS900039, copy included for Fiscal Year 2013-2014. This extension shall become effective February 16, 2014 and after City Council approval (CC Award date ) and shall continue in full force based on the terms and conditions of the initial award. As a condition of contract renewal, a price adjustment may be requested by the vendor and considered by the City. Your company has not requested a pricing increase during this renewal and as such the pricing, terms and conditions of the original award shall remain in effect for this renewal period. 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 RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal City Contact: TIM SLIFKA 817-748-8312 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 or accountspavable&ci.southlake.tx.us 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, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka&ci.southlake.tx.us Attest: Fax: 817-748-8048 Alicia Richardson, TRMC City Secretary Contract and Award Accepted: Signed: Date: Approved as to Form and Legality: Mayor John Terrell City of Southlake City Attorney ORIGINAL DOCUMENT CITY OF SOUTHLAKE Cou`:cil Action.( N Ord./Res. No. Date Approved January 29, 2013 Alpine Tree Service 1900 Brumlow Ave Southlake, Texas 76092 Attn: Derek Neubauer Subject: Option to Extend Notification RFB091OB200TS900039 Provide Tree Services for City of Southlake Dear: Mr. Neubauer: The City of Southlake is providing notification they intend to extend the contract, pending City Council approval, resulting from your RFB091OB200TS900039 Provide Tree Services for City of Southlake, copy included for Fiscal Year 2013. This extension shall become effective February 16, 2013 and after City Council approval (CC Award date-S-/.3) 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. Your company has not requested a pricing increase during this renewal and as such the pricing, terms and conditions of the original award shall remain in effect for this renewal period. 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 RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to two (1) more one (1) year renewals City Contact: TIM SLIFKA 817-748-8312 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 or accountspavable(cc;ci.soutlilake.tx.us 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, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka-ci.southlake.tx.us Phone:-817-748-8312 Fax: 817-748-8048 Con an cep /� Sig ne ate: c -S— Q Mayor John Terrell City of Southlake W Apove�d to Form i d ality: City Attorney / / Q A E 0 (D k C: o U) ca LA CD 45 E V U) En im C\l a) 0) 0 C:> 0 (D (D 0) U) r-- (D X Ze m LL m x ca 0 N CO q -r- U) 0 0 0)1:5 - co CD I r- 0 (D co co 0 CO C: r- 0 r- m 0 CD — r- N. CO E FE P E :"3 o I P il 0 w CO CO plo n E O U N U cn m N C 7 CL X U) E o v v) G U �+ Co H � N a� rn t0 CA cn N E O C— G 1— al co a § / ± 3 /I 32 / \ t / 0� w O f / C q 2 ��\ƒ ( ƒ t f M e @� LO F / v t / �c�R n0 00 00 2U2 k a ORIGINAL DOCUMENT IOF CITY OF SOUTHLAKE SOUTHLAIncil Action: 0/ N Ord./Res. No. Date Approved O'J)UM RAW January 10, 2012 Alpine Tree Service 1900 Brumlow Ave Southlake, Texas 76092 Attn: Derek Neubauer Subject: Option to Extend Notification RFB091OB200TS900039 PROVIDE TREE SERVICES FOR CITY OF SOUTHLAKE Dear: Mr. Neubauer: The City of Southlake is providing notification they intend to extend the contract, pending City Council approval, resulting from your RFB091OB200TS900039 Provide Tree Services for City of Southlake, copy included for Fiscal Year 2012. This extension shall become effective after City Council approval (CC Award date I1(7i I� 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. Your company has not requested a pricing increase during this renewal and as such the pricing, terms and conditions of the original award shall remain in effect for this renewal period. 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 RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to two (2) more one (1) year renewals City Contact: TIM SLIFKA 817-748-8312 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 or accountspayablenci.southlake.tx.us 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. qT im S i a urchasing Manager, CPP City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifkakci.southlake.tx.us Phone: 817-748-8312 Fax: 817-748-8048 Cc: Jamie Brockway (NRH) January Cook (FM) 11 1 Renewal App ed Date John Terrell Mayor, City of Southlake Attest: k ' Alicia Richardson TMRC City Secretary 1400 Main Street, Suite 440 Southlake, Texas 76092 11/29/11 CLsouthlake.tx.us Mail - Annual Renewal of Tree Contract 19a'y Of SWTHLAKE Timothy Slifka <tslifka@ci.southlake.tx.us> Annual Renewal of Tree Contract 5 messages Timothy Slifka <tslifka@ci.southlake.tx.us> Mon, Oct 24, 2011 at 4:36 PM To: info@aipinetreeservice.com Good afternoon Michelle. It's time to look at the second renewal of our tree contract. Do you anticipate requesting an increase at this renewal? Please let me know when you can so I can get you the required paperwork and alert the other City's. Thanks, Ti m Timothy Slifka Purchasing Manager, CPPB City of Southlake 1400 Main Street Suite 440 Southlake, Texas 76092 817-748-8312 817-748-8048 Fax tslifka(cD-ci.southlake.tx.us Please take a few moments and click on the appropriate link below to complete our Purchasing Department Suney. Your answers will help us to continually improve our services. City Staff Sunny Vendor Survey Alpine 10 Contract First Renewal FY2011.pdf " 701 K Info <info@alpinetreeservice.com> Tue, Oct 25, 2011 at 10:53 AM To: Timothy Slifka <tslifka@ci.southlake.tx.us> Good morning Tim, Just wanted to let you know I received your email and will be talking to the owner, Derek Neubauer. I should have an answer for you by today or tomorrow. https://mail.google.com/mail/?ui=2&ik=ldc9780fd9&view=pt&as_has=tree s... 1/3 11/29/11 Ci.southlake.tx.us Mail - Annual Renewal of Tree Contract Enjoy your day. Thank you, Michelle From: Timothy Slifka[mailto:tslifkaCa)ci.southlake.tx.usl Sent: Monday, October 24, 20114:37 PM To: info(abalr)inetreeservice.com Subject: Annual Renewal of Tree Contract [Quoted text hidden] Timothy Slifka <tslifka@ci.southlake.tx.us> To: Info <info@alpinetreeseNce.com> Perfect! Thanks. [Quoted text hidden] Missy Taylor <missy@alpinetreeservice.com> To: Timothy Slifka <tslifka@ci.southlake.tx.us> Ti m, Tue, Oct 25, 2011 at 11:44 AM Tue, Oct 25, 2011 at 3:59 PM I spoke with Derek and we are able to re -new our contract with no increase in price. Please let me know if I can help you with anything else. Have a good evening! https:/Imail.google.com/mail/?ui=2&ik=ldc9780fd9&view=pt&as_has=tree s... 2/3 11/29/11 Ci.southlake.tx.us Mail - Annual Renewal of Tree Contract Thanks, Missy From: Timothy Slifka[maiIto: tslifka(@ci.southlake.tx.usl Sent: Tuesday, October 25, 2011 11:45 AM To: Info Subject: Re: Annual Renewal of Tree Contract [Quoted text hidden] Timothy Slifka <tslifka@ci.southlake.tx.us> To: Missy Taylor <missy@alpinetreeservice.com> Perfect. I will get started on the renewal and then will have it approved by our Council. Once approved I will get you a renewed copy. Thanks again for your help. [Quoted text hidden] Tue, Oct 25, 2011 at 4:03 PM https://mail.google.com/mail/?ui=2&ik=ldc9780fd9&view=pt&as_has=tree s... 3/3 SOUTHLAKE v OFFICIAL RECORD October 26, 2010 Alpine Tree Service 1900 Brumlow Ave Southlake, Texas 76092 ATTN: Derek Neubauer Subject: Option to Extend Notification RFB0910B200TS900039 PROVIDE TREE SERVICES FOR CITY OF SOUTHLAKE Dear: Mr. Neubauer: The City of Southlake is providing notification they intend to extend the contract, pending City Council approval, resulting from your RFB0910B200TS900039 PROVIDE TREE SERVICES FOR CITY OF SOUTHLAKE copy included for Fiscal Year 2011. This extension shall become effective after City Council approval (CC Award date �b 'J 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. Your company has not requested a pricing increase during this renewal and as such the pricing, terms and conditions of the original award shall remain in effect for this renewal period. 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 RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to three (3) more one (1) year renewals City Contact: TIM SLIFKA 817-748-8312 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 111 Purchasing Manage -' �' 2� City of Southlake Renewal App ved Date 1400 Main Street, Suite 440 John Terrell Southlake, Texas 76092 Mayor, City of Southlake tslifka( ci.southlake.tx.us Phone / Fax: 817.748.8312 / 817.748.8048 Cc: Jamie Brockway (NRH) January Cook (FM) File (2 copies) 1400 Main Street, Suite 440 Southlake, Texas 76092 Timothy Slifka From: info [info@alpinetreeservice.com] Sent: Wednesday, October 27, 2010 4:30 PM To: Timothy Slifka Subject: Contract Follow Up Flag: Follow up Flag Status: Flagged Mr. Slifka, This email is to inform you that we are able to re -new our contract with no increase in pricing. If you have any questions please feel free to email or call. Thank you, Michelle Taylor Alpine Tree Service 111f of OFFICIAL RECORD SOUTHLA E February 17, 2010 Alpine Tree Service Inc. 1900 Brumlow Ave Southlake, Texas 76092 ATTN: Derek Neubauer Subject: RFB091 OB200TS900039 PROVIDE TREE SERVICES FOR CITY OF SOUTHLAKE Dear Mr. Neubauer: The City of Southlake is pleased to inform you that Alpine Tree Service Inc., of Southlake Texas is the awarded vendor for "RFB091 OB200TS900039 Provide Tree Services for City of Southlake" The award and this agreement are based on your bid to the City, 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 February 16, 2010. 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 City Contact: TIM SLIFKA 817-748-8312 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 City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka ci.southlake.tx.us Phone / Fax: 817.748.8312 / 817.748.8048 Contrac d cc to Signed: ' Mayor John Terrell Cc: Jamie Brockway, NRH January Cook, FM File (2 copies) DATE: Z ZZ-10 1400 Main Street, Suite 440 Southlake, Texas 76092 ALPINE 102-0=30;0�� 1900 Brumlow Avenue Southlake, Texas 76092 817-656-8733 office — 817-421-6863 fax alpinetreeservice@att.net Table of Contents 1.) Appendix B-Bid Document (pgs 8 -17) 2.) Equipment List (pg 1a) 3.) Outline of Services and Capabilities (pg 1b) 4.) Bidders Experience and Staff (pg lc) 5.) Additional Notes (pg 1d) Appendix B — Bid Document Submittal Checklist: (To determine validity of bid) V Appendix B (pages S_ through _17, must be included in the bid submittal. Appendix C (page _17, Conflict of Interest Form must be included in the bid submittal. RFB Number• 1O91OB244T5900039 :.Ci State& 'Zi S� tti"i'V�' ck2 -Federal'Employers �' �y p L� L) r► Identification Number Phone Numbers: �i'7 - sa��o d ��J Eax Number• I learned of this Request for Bids by the following means: ❑ Newspaper Advertisement ❑ Southlake Website ❑ Mailed Me a Copy City E-mail Notification ❑ Cold Call to City ❑ Other City ofSoathiake - 0910B200TS900039 - Page 8 of 19 Appendix B -- Bid Document (continued) 1. REQUIRED BID INFORMATION. IN ORDER FOR A BID TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, BIDDER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: Proposed Products and/or Services A. Product or Service Description: Bidders should utilize this section to describe the technical aspects, capabilities, features and options of the service or 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 Descriptions: Bidders 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. Material Safety Data Sheets (MSDS): If applicable, the successful Bidder shall provide the City with applicable MSDS documentation as required by applicable laws and regulations. D. Guarantees and Warranties: Each Bidder shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Bidder with the Bid submitted. E. Project .Sebedule/Delivery Date: Bidder 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 RFB. - The Bid Document 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. Pricing: 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: Bidder 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: Ytem;# Descn tiori'ofProdud. services " Rate 1. Pruning Services Tree Pruning Services with a Two (2) Man Crew �y and Equipment er Scope.of Services $ /hour Tree Pruning Services with a Three (3) Man Crew y and Equipment er Scope of Services $ $(�.� /hour Tree Pruning Services with a Four (4) Man Crewy and Equipment er Scope of Services $ /hour 2. Right -of -Way Clearance Roadway Right of Way Clearing Per Scope of Services $ man/hour 3. Tree Removal Services 2 man crew (1) tree climber— (1) ground man $q J,'/hour 3 man crew (2) tree climber — (1) ground man Y $ D /Hour Other Crew configuration. Please list. /llR� �f�al ('7 (eeaC.i m �02� vl/o►�ndilten 54 $ /hour City of Southlake - 091OB200TS900039 - Page 9 of 19 4. Stump Grinding___ Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services o $ �. f /inch 5. Certified Arborist Cost per hour for Certified Arborist to perform or supervise work as required or requested per Scope of Services WoG�.ar�a F-.Aurdi $Z44g 1:r per hr. b. Fertilization and Pesticide Application Fertilization — soil injection / foliar $ „ /inch $ + 02� /sq.ft $_0/gallon Pesticide Application — soil injection / foliar $ Z inch $ * A �l /sq.ft $ 3�/gallon 7. Travel Charge All vendor travel charges should be included in hourly rates listed above. If they are not please list travel charge per mile. $ Eye er nule after miles 8. Other Vendor Fees Other Vendor Fees as Required. Please Describe. e^_i&nr(-*S'"Oue_ a �.rdn.0 -t�t� -- $ ben. Art bifl� �P1-� of 7 i it�dti s $ i re r ;«ls $ Mtn Arbor'-'- $ 3. Bidder's Experience / Staff ;,.*A Sel-t�iCaf Y�.�— ku►.r- of merz. W-T" A. Project Team: Identify all members of the Bidder'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 Bidder's business has been established and operating. If Bidder's business has changed names 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: 1,g; and the number of emplo ees: JJ Number of International Society of Arboriculture Certified Arborists on staff: . City ofSouthlake - 0910B200TS900039 - Page 10 of 19 4. D. Project Related Experience: All Bids must include detailed information that details the Bidder's experience and expertise in providing the requested services that demonstrates the Bidder's ability to logically plan and complete the requested project. References Bidder shall provide three (3) references where Bidder has performed similar to or the same types of services as described herein, Reference #1: Client / Company Name: Contact Name: r C~ N Contact Ti e: -F' a ! PH: EM: zf7- aaI,fpv IV S�CCmaaMACh1",w` Date and Scope of Work Provided: W4&. J%Age, pmV(AtA re_5L.taar 'free. SerV.1et-C oJP {famous-1types on 0W► &bur Prnj•ecTr DVer 4C asT 9 e_#XU�w 'rf rem.1 crT, l,•z.+ti n, sue• �•� y Reference 2: Client /Company Name: f f C �I. {' PA O V l 1 G'� A! t� Contact Name: �• Contact Title: C_ PH: «- a y - a9 srr EM: 6roc_ki&c;-c-o164yoA_-Tx. Date and Scope of Work Provided: J Il�m,` We- �\"e pro v.at.`.A. Tree. Tr�Yw►�.1, %Ytc re-mupr.l , i��"�`P 5y,;", ,t c n fs wtwerM.Y 4[+• 'tcTt - • f SPY -re. r c a rks RPfPrrnrP fil- Client /Company Name: e5, ,�rJv• tl¢ o , Contact Name: cT"AV S �� ^ II [[ Contact Title: �rc� y.,� �dso700FIR PH: S EM: `rr^V " Date and Scope of Work Provided: "4 it.�vc t� ro � rolt 'ri'c� Tf11�v, %�3, t -tree, f Y� v, .i , sr .,VV !9 rw4,' de On llV~O1.s 'e e_ r 16�5 ev (as•r , cars r. us z 5. Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This bid _ (does) K (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. 6. Federal, State and/or Local Identification Information A. Centralized Master Bidders List registration number: B. Prime contractor HUB / MWBE registration number: C. An individual Bidder acting as a sole proprietor must also enter the Bidder's Social Security Number: # - - City ofSouthkke - 091OR200TS900039 - Page II of 19 7 8. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFB specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [)(I Yes, Others can purchase; Term of Contract and Option to Extend: i ] No, Only the City can purchase. Any contract resulting from this RFB shall be effective for twelve months from date of award. 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. 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 (FY10-11) ESCALATION .............................. % SECOND ADDITIONAL YEAR (FY11-12) ESCALATION ........................... % THIRD ADDITIONAL YEAR (FY12-13) ESCALATION ............................ FOURTH ADDITIONAL YEAR (FY13-14) ESCALATION ........................... % W 111 bc. b asr-A 0--, -r'if. (PLA t; rksA 17&I I'Ls bv,,r n.eT -M excee-OL y !n ai+y DA¢. y"r, City of Southlake - 091OB200TS900039 - Page 12 of 19 Il. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE BIDDER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED BID, ANY CONTRACT RESULTING FROM THIS RFB WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH BIDDER HEREBY AKNOWLEDGES, AND TO WHICH BIDDER AGREES BY SUBMITTING A BID: 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. Warranty 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 Bid, 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 Delivery or Performance: If Bidder fails to deliver acceptable goods or services within the timeframes 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 Bidder, who agrees to pay such costs within ten days of invoice. D. FOB (delivery charges): All products offered shall be FOB final destination, with all delivery charges to be prepaid by the Bidder. The City does not accept C.O.D. or collect shipments. The contract price shall include all charges, including delivery, installation and set-up fees. All packing, crating, or other debris resulting from the delivery or set-up of the commodity purchased shall be removed and properly disposed by the successful Bidder at no additional cost to the City. E. Excess or Incorrect Commodities: Products or materials delivered in error or in excess of the quantity ordered shall be returned at the successful Bidder's expense, unless otherwise agreed to in writing by the City. F. Title to Goods and Risk of Loss: For goods to be provided by Bidders 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 A. Independent Contractor: Bidder agrees that Bidder and Bidder's employees and agents have no employer -employee relationship with City. Bidder agrees that if Bidder 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. B. Assignments: The rights and duties awarded the successful Bidder 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. C. Liens: Bidder 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 Bidder or Bidder'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. D. Gratuities / Bribes: Bidder certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder, or its agent or representative, to any City officer, City of Southlake - 091 OB200TS900039 - Page 13 of 19 employee or elected representative, with respect to this RFB 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 E. Financial Participation: Bidder certifies that it has not received compensation from the City to participate in preparing the specifications or RFB on which the Bid is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. F. Required Licenses: Bidder 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. G. Authority to Submit Bid and Enter Contract: The person signing on behalf of Bidder certifies that the signer has authority to submit the Bid on behalf of the Bidder and to bind the Bidder to any resulting contract, H. Compliance with Applicable Law: Bidder agrees that the contract will be subject to, and Bidder will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. 3. Financial Responsibility Provisions A. Insurance: The Bidder, 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. B. Indemnification: Bidder agrees to defend, indemnify and hold harmless the City, an 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 Bidder or any agent, employee, subcontractor, or supplier of Bidder in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. The Bidder agrees to protect and indemnify the City, all of its officers, Council members, agents and employees, from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Contractor's performance under the Contractor's Bid, including attorneys' fees and court costs. C. Indemnity for Intellectual Property: Bidder hereby warrants that the use or sale of the products, materials and services delivered hereunder will not infringe on the rights of any trade secrets, patent, copyright, registered trademark, or other intellectual property by right covering such materials and the successful Bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments, and damages which the City may have to pay or incur. City of Southlake - 0910B200TS900039 - Page 14 of 19 Appendix C — Form CIQ INFORMATION REGARDING VENDOR CONFLICT OFINTERfT QUESTIOMWRE WHO: A person must file a conflict of interest questionnaire with the City if the person has a employment or business relationship with an officer of the City that results in taxable income exceeding $2,500 during the preceding twelve month period, or an officcr or a member of the ofi`reces family hag accepted gifts with an aggregate value of more than $250 during the previous twelve month period and the person engages in any of the following actions: 1. contracts or seeks to contract for the We or purchase of property, goods, or services with the City, including any of the following: a. written and implied contracts, utility purchases, purchase orders, credit card purchases and any purchase of goods and services by the City; b. contracts for the purchase or sale of real property, personal property including an auction ofproperty; a tax abatement and economic development agreements; 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 tax abatement and/or economic development incentive that will result in a contract with the City. THE FOLLOWING AREE, CONSIDERED OFFICERS OF THE CITY: 1. Mayor and City Council Members; 2, City Manager; 3. Board and Commission members appointed by the Mayor or City Council members; 4. Directors of 4A and 413 development corporations; 5. the executive directors or managers of 4A and 4B development corporations; and 4. Directors of the City of Southlake who have authority to sign contracts on behalf of the City. EXCLUSIONS: A questionnaire statement need not be fled if the money paid to a local government officer was a political contribution, a gift to a member of the offices family from a family member, a contract or purchase of less than $2,500 or a transaction at a price and subject W1%U9,1 0dAM[axa=PUA0*Psec R76AtpchmanCIQ.092605 doe Page 1 0r3 City of Southlake - 091OB200TS900039 - Page 15 of 19 to terms available to the public; a payment for food, lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmontal entity or agency. WRATt A person or business that contracts with the City or who seeks to contract with the City must file a "conflict of interest questionnaire" (FORM CIQ) which is available online at www.cthics.state.tx.us and a copy of which is attached to this (luideline. The form contains mandatory disclosures regarding "employment or business relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN: The person or business must file: 1, 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, correspondence, or other writing related to a potential contract or agreement with the City; and 2. an updated questionnaire within seven days after the date of an event that wouk3 make a fled questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence. WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department. The rinance Depadment Is required by law to post the statement on the City's lidernet website. ENFORCEMENT: Failure to file a questionnaire is a class c misdemeanor punishable by a fine not to exceed $500. It is an exception to prosecution that the person files a FORM CiQ 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. WASouIhIakeMI%wHa x&dQ Wptvr I % AuacMwul CIQ.09261)BAm ftp 2 ur3 City of Soulh lake - 091OB200TS900039 - Page 16 of 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person dolrtg buslness with local governmental entity This queatfonnalra MWM changes macs to the Iew Or K& 1491, eom Leo.. Reprau seaslom OFFICEUSECINLY This quasdonnaire is being filed in accordance with Chapter 170, Local Government Code pare R:adraa byaperson whohnsa business rela0moillpas ddrted by Section 176,001(1•a)wilha local governmental antityand the pawn meets requirfdunder Sectionl76.006(a} Bylawihbquast+onnairemust befledwiththeraoministratoroithelocalgovemmental tuttityrtotlater than the 7thbucinessday after dtheperson becomes aware offacts that rhxluirethe statempnttobelged, SepSocttaD6,Local GovemlthatiCode. A person commits an offense d the person in violata Section 176.006, Local GovtrrnmentCode.Anoffen undarthissectionassCmisdemeanor. 1 Name m parson who ties fbusinessrelatIo7with local povemmemal entity, 2 ❑ Check thisbozNy oretilingailtiptetaapreviouslylgedquestioruwke. (The le qures i at you Me an pdated a with the appropriate filing authority oat islet n 7th ;led npss day a the date 01ed quasllm nalie becomes Incomplete or inaccvale.) 3 Name of loc m omcer with flier emp tut orbusiness relationship. section 3 sub rts A, 9completed for each oRloer %4th whom the 1Fer has art employmento oter role ns* as 76.001(1-a), Local Govemroent Cade. Allath sddtional folomThis pagos lo this CIA A. le On local 9everamellt do anted In 911r tkeiy b rocown taxable lacome, other than Investment Intoms, from the Net of Out 7 aYea MN. B. is the 11Nrol lha quesilmn a receiving or M* to receive taxable Income, other gran ltweftent Inexmle, fionh or art" direction of the ford qov nt ollicer named In this section AND the taxable Income In no; rer.9aren loon the I" govermlenthl entity? �YOS - allo C, Is the slat of this qu enlohyed by a corporation or other business mW With respect to which Lie local goverment otk er 29 an officer or illrodw. or holds an own"lp of 10 percent of mo69 FY F-1No D. Desoto each employment or business relationship wtih the local government ogker mines In this section. sla%hm or Perm d" bolneee atti+me trovearnaed emery Della Adoplad 00012007 W.V%u1htak0i0MIb=I1aneousW Wcr 176.Anacbmad CIQ.0MIM.doc Page 3 of3 City ofSouthWe - 0910S200TS900039 - Page 17 of 19