HomeMy WebLinkAboutResolution - 2019-R0053 - Lubbock Turf Company - 02/25/2019Resolution No. 2019-R0053
Item No. 7.21
February 25, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Service Contract No. 14355 for Bermuda Grass Sod as per
ITB 19-14355-RR, by and between the City of Lubbock and Lubbock Turf Company of
Lubbock, 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 25, 2019
DANIEL M. POPE, MAYOR
ATTEST:
,,a de--t,- J��
eb ca Garza, City Secre ary
APPROVED AS TO CONTENT
Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
Ry Br ke, ss' Cant City Attorney
ccdocs/RES.Contract 14355 — Lubbock Turf Company
1.25.19
Resolution No. 2019-R0053
City of Lubbock, TX
Contract for
Bermuda Grass Sod Varieties
Contract 14355
THIS CONTRACT made and entered into this 2&hday of 2019, by and between the
City of Lubbock ("City"), and Lubbock Turf Company, ("Contractor
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Bermuda Grass Sod Varieties 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 Bermuda Grass Sod Varieties.
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, Bermuda Grass Sod Varieties and
more specifically referred to as Items three and four on the bid submitted by the Contractor or in
the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein.
3. The contract shall be for a term of one year, with the option of four, one year extensions, said
date of term beginning upon formal approval. All stated annual quantities are approximations of
usage during the time period to be covered by pricing established by this bid. Actual usage may
be more or less. Order quantities will be determined by actual need. The City of Lubbock does
not guarantee any specific amount of compensation, volume, minimum, or maximum amount of
services under this bid and resulting contract. The Contractor must maintain the insurance
coverage required during the term of this contract including any extensions. It is the
responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and
Contract Management Department as required by contract or contract may be terminated for
non-compliance.
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. 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 Requirements
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.
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. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by
the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas
and acceptable to the Uity, in the
and
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
PROFESSIONAL LIABILITY
El
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
AUTOMOTIVE LIABILITY
® Any Auto ❑ All Owned Autos
❑ Scheduled Autos ❑ Hired Autos
❑ Non -Owned Autos Per Occurrence $1,000,000
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑ BUILDER'S RISK
❑ INSTALLATION FLOATER
❑ CARGO
Each Occurrence
Aggregate
Auto Only - Each Accident
Other than Auto Only:
Each Accident
Aggregate
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR
OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City ofLubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City 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. Any costs will be paid by the Contractor.
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 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 & Contract Management
City of Lubbock
1625 13�' 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.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves
the right to audit Contractor's records and books relevant to all services provided to the City
under this Contract. In the event such an audit by the City reveals any errors or overpayments
by the City, Contractor shall refund the City the full amount of such overpayments within 30
days of such audit findings, or the City, at its option, reserves the right to deduct such amounts
owing the City from any payments due Contractor.
10. All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods
or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the
City shall not be obligated under this contract beyond the date of termination.
11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent be
given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all contract Insurance requirements.
12. SB252
SB 252 prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
13. HB 89
The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 19-
14355-RR, Specifications, and the Bid Form.
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 L BOCK
Daniel M. Pope, Mayor
ATTEST:
Re ecca Garza, City Secret y
AS TO
CONTRACTOR
/ 7 7 , -- ---7 /
BY Z 6`-' — ✓
Authorized Representative
Hunter Hall
Print Name
7008 34th St
Address
Lubbock, TX 79407
City, State, Zip Code
Bridget R. Faulkenberry, Parks & Recreationf Director
APPROVED AS TO FORM:
Ryan Br k/,ssirtaity Attorney
REVISED
City of Lubbock, TX
Purchasing and Contract Management
Bermuda Grass Sod Varieties
1TB No. 19-14355-RR
In compliance with the Invitation to Bid 19-14355-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 furnishing the material,
equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations
and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit
prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The
Invitation to Bid 19-14355-RR is by reference incorporated in this contract. The Bid Form must be completed in blue or
black ink or by tvnewriter.
QTY
ITEM
(+/-) (
U/M
DESCRIPTION
UNIT*
PRICE
EXTENDED
"Delivery
(more or
less)
BID
COST
days ARO
1
150,000
SF
Bermuda Sod Tifton 10
$
$
2
150,000
SF
Bermuda Sod Celebration
$
3
150,000
SF
Bermuda Sod Tifway 419
$ 0.28/SF
$ 42,000
1-4 days
4
150,000
SF
Approved Substitute
s 0.27/SF
S40,500
1-4 days
Submit Substitute Sod Varieties :
Princess 77
Total Cost Items 1-4
$ 82,500
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any
item or group of items shown on the bid. The City of Lubbock is seeking a contract for Bermuda Grass Sod
Varieties with one or more contractors. In order to assure adequate coverage, tlhe City may make multiple awards,
selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A
decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the
City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 2 $o, net 10 calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will
be NET THIRTY DAYS, The City will pay the successful bidder within thirty days after the receipt of a correct invoice or
after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City
within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date
of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event
occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that die 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 otr the sale of products/services of like quality and
quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the
supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or
better quality, at a lower net 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 daring the period in which such lower price(s) is effective.
City of Lubbock
Bid ITB 19-14355-RR
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the
State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as
provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at
the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if
he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other
governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions,
specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Friendship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal
Power Agency, Lynn County, and City of Wolfforth.
YES x NO
,except
you (he bidder) chefor City of Texarkana or cked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation.
All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental
entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental
entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY
or a partnership consisting of
corporation organized under the laws of the State of
Lubbock Turf Company ofthe Cityof Lubbock
Firm: Lubbock Turf Company
Address: 7008 34th St.
City: Lubbock State: Texas
Bidder acknowledges receipt of the following addenda:
Addenda No. i
Date 12-12-1$
M/WBE
a
Officer Name and
Please Print
Business Telephone N
Addenda No. _
Date
Woman
Hispanic American
ve - must sign by hand
Hunter Hall, owner
.1— 806-795-4455
E-mail Address: LubbockTurfHall@yahoo.com
Addenda No. _
Date
Black American
Asian Pacific Ai
FAX:
or individual trading as
;ip 79407
Addenda No.
Date
Native American
Other (Specify)
_ - / 2 -- 1'5
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50, 000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
11 /30/2018 3:48 PM p. 7