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HomeMy WebLinkAboutResolution - 2008-R0233 - Contract For Turf Maintenance - B&M Services Co. - 06_26_2008Resolution No. 2008—RO233 June 26, 2008 Item No. 5.12 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract and any associated documents by and between the City of Lubbock and B&M Services Company of Lubbock, Texas, for turf maintenance for storm water detention basins —annual pricing per ITB 08-042-MA, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 26th day of June , 2008. TOM MARTIN, MAYOR ATTEST: ca Garza, City APPROVP,I) AS TO CONTENT: Marsha Reed, Director of Public Works APPROVED AS TO FORM: C andiver, Attorney of Counsel D Dres/ B&Mservicest08con Res May 29, 2008 CITY OF LUBBOCK Resolution No. 2008—RO233 CONTRACT FOR SERVICES For Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing Bid No. 08-042-MA THIS CONTRACT, made and entered into this 26th day of June, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and B & M Services Company, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for turf maintenance for the South East Water Reclamation 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 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 turf maintenance service. 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 specifically referred to as Item(s) No. Item 1, 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. The contract prices shall be firm for the first term of the contract. Contract will be for a term of five years, said date of term beginning upon City Council date of formal approval. Contract prices may be adjusted at the end of the fiscal year at the option of the department up to one hundred percent (100%) of the cost of living adjustment as measured by the Consumer Price Index (CPI). If an agreement cannot be reached, the contract will be terminated at the end of the current fiscal year ending. 5. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either parry with a thirty (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. ITB #08-042-MA, -Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing 6. 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. 7. 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 A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT 1. Worker's Compensation Statutory and Employers Liability $100,000 2. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Independent contractor's C. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Fire Damage (any one fire) Combined single limit for bodily injury and property damage of $100,000 per occurrence or its equivalent. 3. Automobile Liability — Combined Single Limit $100,000 The City of Lubbock shall be named as primary additional insured on Auto/General Liability. The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insured's 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. The contractor shall also maintain workers compensation insurance in the statutory amount. 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 tTB 008-042-MA. -Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing 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 #08-042- MA, General Conditions, 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. CITY OF LUBBOCK Tom Martin, Mayor CONTRA C R BY Authorized Represe ative �o/�®x 6 C/�"�s_ ATTEST: Address �u l NzO ebecca Garza, City Secre ary APPROVED AS TO CONTENT: �f10 (4, - Marsha Reed, Director of Public Works AP ED AS �/4;�4aul As ' ant Ci Attorney ITB #08-042-MA, -Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing Resolution No. 2008=RO233 I'm #08-042-3LA- Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing SL'BMiTTO: CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing &Contract Management 1625 130' Street, Rm 204 hi / fJ1 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: Marta Alvarez OPPORTUNITY EMPLOYER Q #08-042—MA TEL: 806.775.2167 FAX: 806.775.2164 http:,'/purchasing.ci.lubbock.tx.us TITLE: Contract Turf Maintenance for Storm V,'ater Detention SUBMITTAL DEADLINE: Basin -Annual Pricing May 21, 2008, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: DELETED Any bids reveived yjter the lime and date listed ahave, rerardfess ofrhe modeafdefhery, .shall he returned unopened RESPONDENT NAME: M �� LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, l • TI IE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND %I)DRESS. MAILING ADDRESS: Y J II' RETURNING AS A "NO BiD", PLEASE COMPLETE AND RETURN THE 1 S I ATEMENT OF NO BID". CITY — S ATE — 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 TELEPHONE NO- RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CiTY. I;' IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THiS FAX NO: ], :QUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RI•.SPONSIBILiTY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: 1 ' • S' QY�}�a e�IAGER 1F ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY �`1i ' WINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERA TAX ID NO. OR SOCIAL SECURITY NO. I'I IE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH � " )TIFiCATION MUST BE SUBMITTED IN WRITING AND MUST BE r 0 R:.CLIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) INESS DAYS PRIOR TO THE ABOVF. SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF A N 1) AGREES ITS DID iS BASED ON ANY ADDENDA POSTED ON 141 I'1t i.t'OT.COM 'Me City of Lubbock Charter states that no officer or employee :in benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, matcnni or: r;icics purchased. 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 UNDf I�Sl SPECIFICATIONS, AND BEING FAMILIAR WITH THE Cwu t, FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND L','; ATTACHED BID FORM AND AGREES TO DELIVER SAID 1'l I::„ FORM. AN INDIVIDUAL AUTHORIZED TO BiND THE COMP PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior t. person submitting an offer for the same materials, supplies, equi; ,:;, ..t agree that if the offer is accepted, the offeror will convey, sell, assigv, action it may now or hereafter acquire under the Anti-trust laws o1' I: commodity( service (s) purchased or acquired by the City of I the time t ty feeders final payment to At vSndor. PrintiType Name 'PHIS FORM MUST BE CONIPLi ' i l) BIDDER HAVING EXAMINED THE INVITATION TO BID AND )NS TO BE MET, HEREBY SUBMITS THE FOLLOWING BiD FOR ' I'l1ING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE I'THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID UST SiGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS 11 , agreement, or connection with any corporation, tine, business entity, or :,crvice(s), and is in all respects fair and without collusion or fraud. I further .,::,ler to the City of Lubbock all right, title, and interest in and to all causes of .fed States and the State of Texas for price fixing relating to the particular (lie City's discretion, such assignment shall be made and become effective at Ownler Title 5-,Is -ce 1 :ate RET(�RNED WITH YOLR RESPONSE. ITB 008-042-MA, -Contract Turf.Maintenance For Storm Water Detention i...> ,-. .,i "Tieing Annual Pricing ITS 008-042-MA- Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing BID FORN4 Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing CITY OF LUBBOCK. TEXAS iTB #08.042-MA in compliance with the invitation to Bid 908-042-MA, 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, tabor 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 #08-042- MA is by reference incorporated in this contract. The Bid form must he completed in blue or black ink or by typewriter. Annual Maintenance Extended ITEM Maintenance DESCRIPTION Cycle Unit Cost Cycles Cost a b c d B.abxd Contract Turf Maintenance for the Storm Water Detention 8 (Approx.) Basin consisting of approximately 26.1 acres located in the Surnmerfield Addition, at 88'" Street and Boston Avenue, $ !�f Lubbock, Texas, as specified herein, i PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net ! 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, [fat 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 prices) 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 interlocul 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, Texas 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: Is 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 DID iS SUBMITTED BY, or a partnership consisting of of the City of 111AJ k104Ile CC corporation organized under the laws of the State of or an individual trading as Address: P D125ai( ` City: k u hoc/ AVW BE Firm: _ _ Woman �t�.� ,,.,;, Black American -7 N. Hispanic American Asian Pacific American OI By 4ulhori:ed Represenrarive - musr sign by hand D ITS 008-042-MA, -Contract Turf Maintenance for Storm Water Detention Basin -Annual Ncing Annual Pricing r - Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing Officer Name and Title: j 144�9W . all ld,1 _Pl Business Telephone Number �M mil._ 9 Y.- 6 6 ),o FAX: ,9 6 76 /(c/ 1 7 LABEL THE OUTSIDE OF YOUR SEAL1- TIME, AND YOl I I THE ITB NUMBER, THE CLOSING DATE AND V NAME AND ADDRESS. ITB #08.042-MA, -Contract Turf Maintenance for Storm Water Detew , ',icing Annual Pricing ITB 008-042-MA- Contract Turf Maintenance for Storm Water Detention Basin -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 scaled 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 determines, 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 tar revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13ih Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: [J i M 4 P_ Y V i e P_ r � O • {{ �/ Local Address (must be within the City limits): O 0126 `/' S 1. - (�. D /J # CJK . !,�- �� b Address of the company's principal place of business within the United States: 6 ,Z I�/t3 wag h I. 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: / 7 4 e 3. For transactions that require sales tax, provide the following Rcscller information: Reseller Permit Number: Company Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of'Texas? Yes iv No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local 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 t;rtdrt f?imlty of perjury, the undersigned elates thrl the fnreonim. :t:itements are free and correct It is t'urther acknowledved that anv rer-,nn f1rn, corporation or entity intentionally sitting talse information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services f period of one( I) year �- _ . e Authorized Signature: Printed Name and "f itle: 6l" I I J f / 1 1, f + _ h p l Date: S_ /S — e ITB N08-042-MA, -Contract Turf Maintenance for Storm Water Detention Basin -Annual Pricing Annual Pricing