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Home My WebLink AboutResolution - 2009-R0065 - Contract - Best Horticultural Solutions Inc.- Annual Pricing, Trees - 02_12_2009Resolution No. 2009—R0065 February 12, 2009 Item No. 6.6 RESOLUTION E 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 irected to execute for and on behalf of the City of Lubbock, a Contract for Trees for City Parks — Annual Pricing as per ITB 09-013-FO, by and between the City of Lubbock and Best Horticultural Solutions Incorporated of Cedar Park, Texas, and related documents. (Said Contract is attached hereto and incorporated in this resolution as if fully set forth erein and shall be included in the minutes of the City Council. assed by the City Council this 12th day of February , 2009. TOM MARTIN, MAYOR TTEST: Garza, City Secretary .PPROVED AS TO CONT T: Snider, Community Services tant City Manager ED AS TO FORM: Weaver, Assistant City Attorney W/ccdocs/Chad/Resolutions/RES.Contract-Best Horticultural Solutions January 30, 2009 113409-01 i-F0, Trees for Citt Pilo -, mwjl Prior_ Resolution No. 2009—ROO65 CITY OF LUBBOCK CONTRACT For Trees for City Parks — Annual Pricing ITB # 09-013-FO THIS CONTRACT, made and entered into this 12th day of February, 2009, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Best Horticultural Solutions Incorporated, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Trees for City Parks — Annual Pricirtti 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 f_ubi)ocl< ha heretofore adopted a resolution authorizing the acceptance of such bid, and the execution. in the nunne of' the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Trees fir City Parks. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as file 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 hid are attached hereto and made part hereof, Contractor will deliver to the City the Trees for City Parks specifically referred to as Item(s) No. 2 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. 3. Listed quantities are estimate only. Actual quantities may vary. 4. The City promises and agrees to employ, and does employ, the Contractor to cause to be clone the xrork 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. 5. The Contractor shall perform the work according to the procedure outlined in the specilications and Invitation to Bid attached hereto and incorporated herein. 6. Contractor shall at all times be an independent contractor and not an agent or representative ol' City with regard to perforrtnance of the Services. Contractor shall not represent that it is, or hold itself out its, �M 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. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties ar interest, accruing from this Contract without the written consent of the other. S. This Contract consists of the following documents set forth herein, Invitation to Bid #09-013-FO, General Conditions, Specifications, and the Bid Form. 09-013-FO.doc 1T8909-013-FO, Trees for City Parks -Annual Pricing IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above vrritten_ Executed in triplicate. CITY OF LUBBOCK �//-A W- /- � � Tom Martin, Nfayor ATTEST: Rebe4 Garza, City Secretary CONTRACTOR 7 B Authorized Re �entative�� Address rill, 13 APPROVED AS TO ONTENT: Scott Snider, Assistant City Manager/Community Service APPR6 D A T FORM: Assistant City Attomey 09-013-FO.dcc ITBii09-013-FO, Trees for City Parks -Annual Pricing Resolution No, 2009—ROO65 SUBMIT TO: CITY OF LUBBOCKCITY OF LUBBOCK TEXAS Purchasing & Contract Managementift � 1625 13`t' Street, Rm 204 Lubbock. Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Felix Orts EMPLOYER #09 -013-FO TEL: 806.775.3150 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Trees for City Parks — Annual Pricing SUBMITTAL DEADLINE: January 6, 2009 @ 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: Mcember 16, 20M at 9:00 Any hids recervrd after the time and date listed alkwe. regarAm ajrie A.M. in the City Hall, 1625 13" Street, Purchasing Conference ' w* of 'l"°lf he returned wwpmed. Room 204, Lubbock,Texas. RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB L F. Best NUMBER, THE CLOSING DATE AND TIME, AND YOttR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 1909 Sig Bend DR, IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR RFJECT Ceder Park TX. 78613 ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: 806-7W9787 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: 512-373-8134 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: Lbest971 Skgmail.com MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. 1-75-3140278-6 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 8tDSVNC.COM x YES NO 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, equipmeiL material or articles 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 x NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND SE[NG 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 AGRLES 1-0 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 1 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 semice(s), and is in all respects fair and without collusion or fraud. 1 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 wrirumWity(s) or :Vice (s) purchased a, srq,+?►e i by the City of I.uhimck At the Citv's discretion. such assigrinient Mail be made and became effective at the time the ty tenders final payment to the vendor. VP e Sips Tick Larry F. Best 12-31-2008_ Print/Type Name Ihite 09-013•F>7_doc 6 ITBa09-0I3-FO, Trams For City Parks -Annual Pricing BID FORM Trees for City Parks — Annual Pricing CITY OF LUBBOCK, TEXAS 1TB # 09-013-FO In compliance with the Invitation to Bid #09-013-FO, 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 #09-013-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. DELIVERY ITEM DESCRIPTION AND SIZE QTY U/M UNIT COST* EXTENDED Days ARO** (Please see specifications) (More COST or Less I Carya illinoinensis'Choctav/ 51 EA 150.00 7650.00 Pecan. Size NO B&B; 30 gal. Onl 2 Chitalpa tashkententis-Chitalpa. 16 EA 159.00 2544.00 Size 2 - 2 Yx in. caliper 3 Pyrus calleryana-Bradford Pear. 27 EA 86.00 2322.00 Size 2 - 2 '/2 in. caliper 4 Malus radiant -Radiant Crabapple. 27 EA No bid No bid Size 2 - 2 '/2 in. call r 5 Koelreuteria paniculata-Golden 18 EA 175.00 3150.00 Rain Tree. Size 2 - 2 '/z in. caliper 6 Pistacia chinensis-Chinese 51 EA 178.00 9078.00 Pistache. Size 3 - 3 % in. caliper 7 Prosopis glandulosa Mesquite. 16 EA 125.00 2000.00 Size: NO B&B; 15 gal. Only 15 CAL. 5tl tall X 3I4-1in caliper Sub 15 gad g Quercus macrocarpa-Bur Oak. 51 EA 149.00 7599.00 Size 2 % - 3 in. caliper 9 Quercus texana-Red Oak. 51 EA 168.00 8568.00 Size 3 — 3 %Z in. caliper 10 Quercus virginiana var - Live 51 EA 175.00 8925.00 Oak. (Not Fusilomis) Size 3 — 3 '/z in. caliper I 1 Ulmus parvifolia-Lacebark Elm. 51 EA 169.00 8619.00 Size 2 %Z - 3 in. caliper 12 Ulmus crassifolial-Cedar Elm. 51 EA 169.00 8619.00 Size 3 — 3 '/� in. caliper Overall Total Sys bid price MUST INCLUDE A delivery charges paid by seller, F.01L Destination, City of Lubbock. The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a gwge. and to ::aivc immaterial formalities.. Uskss otherwise specified herein. the City may award tole bid either item-bv-item 9" i:_e�r-nrr�r tr.r.i♦ (..r vr"t 'It"O err- buaa n no; 11 a Riot F.io'!i+_ The undersigned hereby offers to furnish and deliver the articles or services ds specified abvve at the prices and ter rn there IT13#09-013-170, Trees for City Parks -Annual Pricing PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net 25 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 producWservices 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 property 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 heishe 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 apple" Other governmental entities that might have interests in this contract are Frenship independent School District. tutor. c• llnusing Authority, Lubbock County-, Lubbocc County Hospital District, Lubbock Independent School i`i-_i:l1 Iri"lef`VMelltc, of Texarkana. Tex7-i Tech t.'n!,%'ertlty. West fexas �•�uiiiC3i;ai 1':: :•: CI - -••••` `--' :ii 11 l:ri ii''''. 1 a.rr .1 r_rl •n 1 Ir14 r}-r+l rlr'rll'11 .•11117Ir_ 1�: :.. .. �rl. .. r. .. . .. - ...- .. _ .. _ r•Irnlfiln hilt not nhjwnfr-:i to ern,c rinlj•_r fhb, •+ rre-i:lr nF fhrc solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that nnl•rrnm.-nt7f ,=nlrh�r.a n�:r1 h�• ffiR! Amnrnmrnln# nntrti� !'rh• nt 1 trhhnrh lirFF not ha rrcnnrrcrhts+ for annth.=r i10%L111131ciaa1 ciali, debts. F.ach eovernmental entity will order their own materials/service as needed. t Ifi�� iilll I�� _,L [3 �titl ! i Llj [S't 1?C�l i 11y�E•1_Eilil+,ll �l wild l�4+� iu"t. .J �_I lrll: r+.1t11 iE 012alli .ed uJider the la%4-s lFl Fl1C Mille of 1 c ka--] of a pat 1:1111\Iy611V of or an individual trading as of the Citv of Cedar Park Firm: Nest Horticultural :Soiutio m Inc. Address: 1909 Big Bend Dr. City: Cedar Park State: Tx Lip 79613 M/WBE xx.t Woman Black American Native American Firm: Hispanic American Asian Pacific Other (Specify) American By____ STATE Of TEXAS _ Date: 17 AUG 2004 09-013•FO.doc 9