HomeMy WebLinkAboutResolution - 2019-R0026 - Center Point - 02/12/2019Resolution No. 2019-R0026
Item No. 8.7
February 12, 2019
RESOLUTIO
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. 14479 for mowing services for North Water
Treatment Plant, by and between the City of Lubbock and Center Point, of Shallowater, Texas,
and related documents. Said Contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on February 12, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secret ry
APPROVED AS TO CONTENT:
cmc?o
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
Amy . Sims, De uj rty Attorney
vw:ccdocs/RES.Contract-Center Point
January 3, 2019
Resolution No. 2019-R0026
Contract 14479
City of Lubbock, TX
Contract for Services
Mowing Services at North Water Treatment Plant
THIS CONTRACT made and entered into this 12th day of February. 2019, by and between the City
of Lubbock ("City"), and Center Point. ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Mowing Services at North Water
Treatment Plant and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase
and delivery of the said Mowing Services at North Water Treatment Plant.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto
and made part hereof, Contractor will deliver to the City, Mowing Services at North Water
Treatment Plant and more specifically referred to as Items 1 through 16 on the bid submitted by
the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein.
3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and
Specifications attached hereto. The contract shall be for a term of one year, with the option of
four, one year extensions, said date of term beginning upon formal approval. The City does not
guarantee any specific amount of compensation, volume, minimum or maximum amount of
services under this contract.
4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves
the right to award the canceled contract to the next lowest and best bidder as it deems to be in the
best interest of the city.
5. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter
into any agreement or undertaking for or on behalf of City.
6. INSURANCE: SECTION A. Prior to the approval of this contract by the City, the Contractor
shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent
authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions
shown thereon, and which shall furnish and contain all required information referenced or
indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER
THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO
THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section
during the effective period of the contract and to require adjustment of insurance coverages and
their limits when deemed necessary and prudent by the City based upon changes in statutory law,
court decisions, or the claims history of the industry as well as the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration
of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written by companies approved by the State of Texas and acceptable to the City, in the following
type(s) and amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability Other
Claims Made ® Occurrence
W/Heavy Equipment
To Include Products of Complete Operation Endorsements
PROFESSIONAL LIABILITY
AUTOMOTIVE LIABILITY
® Any Auto
Scheduled Autos
Non -Owned Autos
EXCESS LIABILITY
Umbrella Form
GARAGE LIABILITY
Any Auto
BUILDER'S RISK
INSTALLATION FLOATER
POLLUTION
CARGO
All Owned Autos
Hired Autos
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Combined Single Limit
Each Occurrence $1,000,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
100% of the Total Contract Price
100% of the Total Material Costs
® WORKERS COMPENSATION —STATUTORY AMOUNTS OR OCCUPATIONAL MEDICALAND DISABILITY
® EMPLOYERS' LIABILITY $1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Aldo/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver ofsubrogation in favor of the City of Lubbock on all coverages, except
Lubbock
as an additional insured on a Drimary and non-contrihutnry
basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of
the Certificates of Insurance and all applicable endorsements are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies
and all endorsements thereto and may make any reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding upon either of the parties hereto
or the underwriter of any of such policies). Upon such request by the City, the Contractor shall
exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the
cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts
and certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together
with the indemnification provision, shall be underwritten by contractual liability coverage
sufficient to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such
notices not less than 30 days prior the change, which notice must be accompanied by a
replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 131h Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance
supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for
damages and accidents as set forth in the contract documents. Neither shall the bankruptcy,
insolvency, or denial of liability by the insurance company exonerate the Contractor from
liability.
7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
8. The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves
the right to audit Contractor's records and books relevant to all services provided to the City under
this Contract. In the event such an audit by the City reveals any errors or overpayments by the
City, Contractor shall refund the City the full amount of such overpayments within thirty
(30) days of such audit findings, or the City, at its option, reserves the right to deduct such
amounts owing the City from any payments due Contractor.
10. All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods
or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the
City shall not be obligated under this contract beyond the date of termination.
11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent be
given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all contract Insurance requirements.
12 This Contract consists of the following documents set forth herein; Invitation to Bid No.18-14087-
RR, Specifications, and the Bid Form.
13. The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
14 Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified
Comptroller as a company known to have contracts with or provide supplies or services with
Iran, Sudan, or a foreign terrorist organization.
INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBBOCK
Daniel M. Pope, Mayor
ATTEST:
_Pj_" "&
Reb cca Garza, City Secr to
APP 'ED AS TO C TE
Aubrey A. Sp
, P.E.,
Director of er Utilities
APPROVED AS TO FORM:
Amy s eputy City At me
i�
CONTRACTOR
BYG��
Authorized Representative
Al K am' C�✓l c �
Print Name
"0'd a.r- j06��
Address
726j
City, State, Zip Code
REVISED
BID FORM
Mowing Services at North Water Treatment Plant
City of Lubbock, Texas
ITB No. 18-14087-RR
In compliance with the Invitation to Bid 18-14087-RR, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for fitrnishing the material, equipment,
labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices
set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations or
form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either
in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 18-14087-RR is by reference
incorporated in this contract. The Bid Form mast be completed in blue or black Ink or by typewriter.
Cal in B P
Annual
Item
Address
Acreage
Maint. Cycles
U/M
Unit Cost
Extended Cost
(BxD)—
A
B
C
D
1.
Pump Station #3
4.25
22
Acre
$ 00
8800.00
2520 314 Street
Ik1
—
1
2,
Pump Station #4
9
22
Acre---
8 Sd
% 8
202 North 1-27
. ,00
3.
Pump Station #4
202 North 1-27
5
22
Acre
uy
7d6
"
% S ydU
4.
Pump Station #6
0.50
22
Acre
ao0 sue—
-j7
q y0O
402 East 66'1 Street
5.
Pump Station #7
29d' Drive & MSF
0.50
22
Acre
.2,1
3 %S
i s
�as
6.
Pump Station #8
3301 SE Loop 289
3.5
22
Acre
u•
3 S
-7 �$ v
7.
Pump Station #9
4
22
Acre
3 �S =
"7 ISO
3000 N. gHRkcr Ave.
8,
Pump Station #10
3802 82°d Street
.50
22
Acre
�.
; 7s
6 0j 6—
9.
Pump Station #12
5.16
22
Acre
.y�'
�</pc `-'�
7310 Milwaukee
10,
Pump Station #14
7310 Milwaukee
5.16
22
Acre
S Jb
[,QO
Gass B Properties
Acreage
Annual
Item
Address
(+/_)
Maint.Cycles
U/M
Unit Cost
Extended
(4-/-)
D
Cost
A
B
C
(BxD)-
11.
Pump Station #15
1.81
22
Acre
S 9 751
10223 North No
12.
Pump Station#16
291 Drive & MSF
5.16
22
Acre
276cs'
�OSp�,
13.
35d' Elevated Storage
0.5
22
Acre
Tank
2219 35 Avenue
Q
yY�,
14,
50' Elevated Storage
1.56 +
22
Acre
Tank
3418 50t° Street
s�
15.
7401 Elevated Storage
1.25
22
Acre
6600.00
Tank6-��-
7309 Genoa
16.
North Water Treatment
Plant
9
22
Acre
JSa
6001 North Guava Ave.
Total Items I-I6
0
S
Total 154,550.00
Unless otherwise specified herein, the City may award the bid either item -by —Item or on an ail-or-ttone basis for any item or
group of items shown on the bid.
The City of Lubbock is seeking a contract for Mowing Services at South Water Treatment Plant with one or more contractors.
In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are In the best Interest or the City. A decision to make a multiple award of this Bid, however, Is an
option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discounl of %, net _ calendar days. Discounts
will not be considered in determining low bid. Unless otherwise indicated on the Bid Fort, payment terms will be NET THIRTY
DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance,
whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be
interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after
the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will
not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else,
including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the
sale in excess of that normally obtained by the Bidder on the We of products/services of like quality and quantity; and does not include
any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any
other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein,
supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such
lower price(s) is effective.
INPERLOCAL PURCHASING (optional): The Citydesires to snake available to other local governmental entities of the State of Texas,
by unaual agreentenl with the successful bidder, and properly autitori4cd inler local purchasing agreements as provided for by the Inter
local Cooperation Act (Chapter 79I, Government Code), the right to purchase the same services, at the prices quoted, for the period of
this contract. Each bidder shall indicate on the Bid Forst in the space provided below if he/she will honor Political Subdivision orders
Addendum #2
City of Lubbock, TX
ITB 18-14087-RR
Mowing Services at North Water Treatment Plant
Specifications
Class "B" Area and Properties
1.0 Class B Maintenance Standards
1.1 General: Successful contractor shall have ten days from receipt of the Notice to Proceed
to commence contract maintenance activities. The decision to end the maintenance season
shall be made by the Equipment Maintenance Supervisor or his Agent. The Contractor
shall be notified of the City's decision by letter.
1.1.1 The areas to be serviced for each site include all rit of ways adjoining the
site and to the centerline of all alleys adjoining the site, and extending two -feet from
back of curb into all streets. Contractor is responsible for safe and careful operation
of mowing equipment around plant material and structures to prevent damage and
to prevent clippings from contaminating plant beds.
1.2 Mowing: Mowing frequency shall be determined by the Equipment Maintenance
Supervisor or his Agent. Turf shall be cut at a height of one and one-half to two -inches and
no higher than three (3) inches, at the discretion of the Equipment Maintenance Supervisor
or his Agent in writing IE: email or registered mail. Clippings shall not be bagged and placed
in dumpster. All hand scraps shall be cleaned after each service. No clumps or windrows
of grass shall be left by the mowers. Mowing equipment shall be a shredder or a full
flotation rotary mower that will not leave ruts or tracks on lawn and shall be approved by
the Equipment Maintenance Supervisor or his Agent. Mulching blades may be used at the
discretion of the Equipment Maintenance Supervisor or Agent.
1.2.1 Anticipated Mowing Frequencies (Estimate only of Schedule):
January — 0
Jul — 2
February— 2
August — 2
March — 2
September — 2
April — 2
October — 2
May-2
November —1
June — 2
December - 0
1.3 Edginz: All sidewalks and curbs shall be edged to a depth of one -inch and shall be
performed concurrently with mowing operations. String trimmers or curb dressers may not
be used for edging. Chemical edging is permitted on Class B Areas.
1.4 Fence lines: All fence lines shall be cleaned and cut free of grass, weeds, Tree's, vines, &
etc.: chemical weed eating is acceptable (exception of clear-well/potable water storage
tanks)or mechanical means of keeping the fence line and reservoirs clean of weeds, trees
and grasses
1.5 Trimming: All string trimming must be done to achieve a height uniform with the mowing
height. Trimming must be performed around trees, plant beds, buildings, sidewalks, curbs,
equipment, and both sides of fences when possible, and any other plants or structures. All
surfaces, streets, fence lines and areas must be kept free of grass, weeds and debris. This
task must be completed the same day as the mowing is performed.
1.6 Litter: The Contractor shall realize that litter or debris may accumulate prior to mowing
with no fault to either party. The contractor shall remove all trash or debris before mowing.
Contractor shall instruct mower operators to police sites to prevent dangerous or unsightly
conditions. Litter and Debris removal shall be performed prior to mowing and concurrently
with other maintenance operations.
1.7 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas
maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or
by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be
disposed of in Residential dumpsters or of those belonging to Commercial Businesses.
1.8 Weed Control: Pre -emergent will be applied in the spring, post emergent and fertilizer will
be two times per year. Emergent will be applied as needed to control any weed growth as
needed to eliminate weed growth on sidewalks, fence lines, general ground control and
ramps. The cost for weed control is estimated into the twenty-two cycles as lawn care.
1.9 Clean un: All work shall be cleaned up and waste material removed from the site. No
equipment shall be left at neighborhood area sites and all material shall be removed from
the job site the same day of mowing.
1.10 Invoicing: Every thirty days or after each rotation cycle. Invoices will include the day of
the work, work location, and what work was performed at each site. Invoices will include
contract number, invoice numbers and insurance expiration date. Number of cycles
preformed IE: 1 of 22, 2 of 22 etc. for each site.
THE CITY REPRESENTATIVE REQUESTS THAT ANY BID RECEIVED IS BASED ON THE
FACT THAT THE BIDDER HAS ACCOMPLISHED A SITE SURVEY OF THE PROPERTIES AND
THEY ACCEPT THE BID SPECIFICATIONS AS PROPER.
THE CONCRATOR WILL ISSUE THEIR EMPLOYEES, PHOTO IDENTITY CARDS TO BE
WORN IN THE OPEN AT ALL TIMES WHILE THEY ARE ON CITY PROPERTY. THIS PHOTO
IDENTITY CARD SHOULD BE WORN WHILE ON CITY PROPERTY. ALSO THE
CONTRACTORS AND THEIR EMPLOYEES SHALL CALL THE CITY WATER DEPARTMENT
CONTROL ROOM AT 775-3416 AND LET THEM KNOW OF YOUR ARRIVAL AND
DEPARTURE FROM THE CITY PROPERTY.
In making bid for Contract Turf Maintenance Mowing I hereby agree to and understand the
following:
1. The bid is for the entire season, not just for one mowing.
2. All the yards will be mowed with some type of mowing equipment such as a power mower or a
shredder.
3. All sidewalks, reservoir, valve boxes and fencerows must be edged with a line trimmer or an edger.
4. All valve box tops and sidewalks will be swept or cleaned -off after all mowing is completed.
5. Sites/properties must be cleaned of papers, boxes and other trash before mowing.
6. After mowing, yard must be inspected and approved by a City employee before payment is made.
7. Contractor will be contacted by a City employee when yards require mowing.
8. I understand that some properties may have to be cut more frequently.
9. I understand this agreement is between the contractor and the Water Treatment Plant.
10. The bid is based on a unit -mowing price (one time charge per site), and the contractor will be paid for
each property
11. Bidder is required personally to inspect each of the listed property, prior to submitting his bid. Bidder
will be required to sign off on his prior inspection. By not inspecting each property and signing off on the
Inspection form. The city reserves the right void any bid submitted.
12. All work is schedule driven; therefore, the Contractor's work force and equipment needs shall vary
throughout the contract's time period. The normal work schedule shall fall within the time frame of
Monday through Friday, 8:00 a.m. to 5:00 p.m. Work on weekends, holidays, and nights shall be at the
discretion of the Equipment Maintenance Supervisor by email or text messing prior to work. Should the
Contractor find it necessary to work during this time, notice of his intention to do so shall be given to the
Equipment Maintenance Supervisor or his Agent at least 48 hours/two working days prior to doing so.
The City reserves the right to deny such work at such time.
13. Properties listed in this document are scheduled demolished IE: Pump Station 7 or vacant lots sold. IF
the demo/sold properties falls in a contract period or yearly cycle the City reserves the right to remove that
property from the contract list without penalty for the duration of the contract.
CONTRACTOR EQUIPMENT MAINTENANCE SUPERVISOR