HomeMy WebLinkAboutResolution - 2006-R0167 - Contract - West Texas Greenscapes - Mowing Services - 04_13_2006Resolution No. 2006-RO167
April 13, 2006
Item No. 5.17
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for mowing
services for Water Facilities — annual pricing per ITB #06-006-BM, by and between the
City of Lubbock and West Texas Greenscapes of Spade, 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 this 13th day of April , 2006.
ATTEST:
- -0,F �-
..�� ' -
1-1�
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Sherry Stephens
Chief Operating Officer, Water Utilities
APPROVED AS TO FORM:
4ohn M. Knight ---
Assistant City Attorney
gs/ccdocs/res-West Texas Greenscapes-Contract
March 27, 2006
IT13#06-006-13M, Contract Mowing Services for Water Facilities -Annual Pricing
CITY OF LUBBOCK Resolution No. 2006—RO167
CONTRACT FOR SERVICES
Contract Mowing Services for Water Facilities -Annual Pricing
Contract No. 6885.
Bid No. 06-006-BM
THIS CONTRACT, made and entered into this 13`h day of April, 2006, pursuant to a resolution heretofore adopted by the
City of Lubbock, Texas, by and between the City of Lubbock ("City"), and ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Landscape Maintenance Services and bids were
received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore
adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a
contract with said Contractor covering the purchase and delivery of the said Services.
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 specifications and bid are attached
hereto and made part hereof, Contractor will deliver to the City the Services specifically referred to as Items) No.
4 and more particularly described in 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. The City agrees to pay the Contractor according to the payment schedule
attached; said payment schedule does not include any applicable sales or use tax.
3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to
Bid attached hereto and incorporated herein.
4. 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.
5. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general
liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies
must carry a Best's Rating of B or better. The policies will be written on an occurrence basis, subject to the
following minimum limits of liability:
Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this
Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor
maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any
cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach
of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers'
Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF
LUBBOCK.
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than
$500,000.
IT13#06-006-13M.doc 39
IT13#06-006-13M, Contract Mowing Services for Water Facilities -Annual Pricing
Commercial General (public) Liability insurance, per occurrence, in an amount not less than $300,000, including
Products and Completed Operations
Personal and Advertising Injury
Contractual Liability
Automotive Liability insurance, per occurrence, in an amount not less than $100,000 combined single limit including
coverage for the following:
Any Auto
The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary
additional insured under the policies.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will
provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but
failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or
representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be
included with the certificate. Contractor's insurance policies through policy endorsement must include wording,
which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City
of Lubbock. The certificate of insurance described below must reflect that the above working is included in
evidenced policies.
If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance
in full force and effect; all work under the contract shall be discontinued immediately. Any failure to maintain the
required insurance may be sufficient cause for the City to terminate the contract.
6. 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.
7. This Contract consists of the following documents set forth herein; Invitation to Bid #06-006-BM, General
Conditions, Insurance Requirements, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above
written. Executed in triplicate.
ATTEST:
dR
Re ecca Garza, City Secretary
CONTRACTOR
BY--
Au t zed pres ati
WEST TEXAS GREENSCAPE
Address
PO Box 119
Spade, TX. 79369
APPROVED AS TO CONTENT:
Sherry Stephens, Chi perating Officer, Water Utilities
ITB#06-006-BM. doc 40
IT13#06-006-13M, Contract Mowing Services for Water Facilities -Annual Pricing
SUBMIT TO:
Y
CITY OF LUBBOCK
F
` ; ►
CITY OF EXAS
LUBBOCK,�
Purchasing &Contract Management
� —
1625 13`' Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL
INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Bruce MacNair
EMPLOYER
#06-006-BM
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Contract Mowing Services for Water Facilities - Annual Pricing
February 23, 2006 @ 2:00 P.M. CST
PRE BID DATE, TIME AND LOCATION: February 7, 2006
@ 10:00 A.M.,
Any bids received after tire time and date listed above, regardless ojtlte
Water Treatment Plant Training Room, 6001 N. Guava, Lubbock, TX
made ofdelivery, shall be returned unopened.
RESPONDEN NAM :
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS.
MAILINQG ADD
"NO
X
IF RETURNING AS A BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY — ST E — ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
TELEPHON NO:
S
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
IN THE BEST INTEREST OF THE CITY.
1T 1S THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
—�a 3
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
E-MAIL: `
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles purchase Will any officer or employee of the City, or member of their
immediate family, benefit from the award of this bid to the above firm? YES NO
IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE
ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID
FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS
PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or
person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further
agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
co2ze
p0ee'
ased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at
thement-to the vendor.
d wwe/
Title
Print/Typc Name Date r
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB#06-006-BM.doc
ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing
BID FORM
Contract Mowing Services for Water Facilities - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-006-BM
In compliance with the Invitation to Bid # 06-006-BM, 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. The Invitation to Bid # 06-006-
BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
Annual
Maintenance
Extended
ITEM
Maintenance
DESCRIPTION
Cycle Unit Cost
Cost
Cycles
a.
b.
C.
d.
e. = b x d
Approximately
Contract Turf Maintenance for Class A Areas and Properties
$ /fir
$
1.
20
consistingof approximately 0.13 acre, as specified herein.
/ J
QQ
Approximately
Contract Turf Maintenance for Class B Areas and Properties
$ /`-� 5—O
$
2.
20
Consistingof approximately 4.5 acres, ass specified herein.
Approximately
Contract Turf Maintenance for Class C Areas and Properties
$ •) 2� n
4;1
$ �0
3.
20
consistingof approximately 32.5 acres, ass specified herein.
pC
j�
Approximately
Contract Turf Maintenance for Class D Areas and Properties
$ O 10
$ 9aoo
4.
5
consistingof approximately 20.5 acres, asspecified herein.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _�%, net /D 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most
favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally
obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at
any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of
like or better quality, at a lower net 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.
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 Frenship Independent School District, Lubbock Housing Authority,
Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of
Texarkana, Te Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated,
to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than
the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be
responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY WO _ - a corporation organized under the laws of the State of
or a partnership consisting of n or an individual trading as
�k�s Fr k as 6rfeLAS W#S of the City of e, Firm:
Address: E--&If! 1 City: it State: Zip__�i 9
M/WBE Firm: Woman Black American Native American
His nic American Asian Pacific American Other (Specify)
RV Date- j —Ir a
��� Auized Representative - must sign by hand
Officer e: and Ti c CO r//CD f � VN Aj15-9
_ 3�G, f
Business Telephone Number �n Please Print 2 `r FAX: 02 7 '3 — 2-D 3�
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
ITB#06-006-BM.doc 2
IT8#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
lk � 5 V V i2o:
C t ct ature) Contractor (Print)
CONTRACTOR'S N
(Print or Type)
CONTRACTOR'S ADDRESS: 11o
Name of Agent/Broker:
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone Number: ( )
Date: a �P
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
jaward the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
IT8#06-006-BM.doc 13
ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing
CITY OF LUBBOCK
ITB# 06.006-BM
Unit Pricing Contract Turf Maintenance
CLASS D AREAS AND PROPERTIES
Annual Maint.
Maint. Cycle
Acreage Cycles Unit
Extended
NAME
ADDRESS (Approx) (Approx) U/M Cost
Cost
Water Treatment
Plant
0
Drying Beds
6001 N. Guava Ave. 2 5 EA $ /
$
Water Treatment
Plant Terminal
0.75 Mile North of
3010
Storage
6001 N. Guava Ave. 18.5 5 EA $
$0
Water Treatment
Plant Terminal
QUO
l
Storage Lot
92.0 5 EA $
$
Total Cycle Cost
Bidders Signature a
Print
Date: a / / 5�_ / 2006
112.5
$ o0rD
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ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that
their organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
�f—
COMPANY NAME: �S ` S Creieftsc..* Pe
Signature of Company Official:
Date Signed: _'.� _f �— 0 (0
Printed name of company official signing above: 71�oyJ :]�L zztLR
ITB#06-006-BM.doc 36
IT13#06-006-13M, Contract Mowing Services for Water Facilities -Annual Pricing
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal
property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder
whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the
municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality detennines, in
writing, that the local bidder offers the municipality the best combination of contract price and additional economic
development opportunities for the municipality created by the contract award, including the employment of residents of the
municipality and increased tax revenues to the municipality.
This section does not apply to the purchase of telecommunications services or information services, as those teens are defined by 47
U.S.C. Section 153.
In order to receive consideration, bidders must submit this affidavit to:
Victor Kilman, Director of Purchasing & Contract Management
City of Lubbock
1625 131h Street, Room 204
Lubbock, TX 7940I
Complete all areas below. Incomplete affidavits may be rejected.
Local Business Name: ��T ('CKQS (9rece-fi(¢e4S
Local Address (must be within the City limits): rr 0 t
Address of the company's principal place of business within the United States:
1. How many residents of the City of Lubbock are employed at the above business location?
2. Year your business was established in the City of Lubbock:
For transactions that require sales tax, provide the following Reseper information:
Reseller Permit Number: //!!�/44►
Company Name and Address (as it appears on permit):
4. Does your business have more than one office in the State of Texas? Yes No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
WYlocal business required to pay business and/or real property tax for the most recent tax year?
Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? Yes /No
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm,
corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City
of Lubbock products and services for a period of on (1),,Ve5X.
Authorized Signature: ` Date:
Printed Name and Title: f Q I'� Z;10
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ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing
CITY OF LUBBOCK
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
ss
LUBBOCK COUNTY
being first duly sworn, on his/her oath,
says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest
or on behalf of any person not therein named; and s/he further says that the said bidder has not directly
induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person
or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion
to secure to self an advantage over any other bidder or bidders.
NAME OF FIRM
I A 7TKIMOF BIDDER
TITLE
Subscribed and sworn to before me this30
Notary Pub ' in and for the State
of Texas residing at
Q0tk-rQU=�=�
Tic '�q q o t
day o&�3C2006
�.•�OTARyp'
tP .: cxrocrs .
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL
ITB#06-006-BM. doc 38