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HomeMy WebLinkAboutResolution - 2009-R0066 - Contract - SW Wholesale Nursery - Annual Pricing, Trees - 02_12_2009Resolution No. 2009-R0066 February 12, 2009 Item No. 6.6 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 Trees for City Parks — Annual Pricing as per ITB 09-013-FO, by and between the City of Lubbock and Southwest Wholesale Nursery of Carrollton, 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 12th day of February '2009. el-,�-1141"40 TOM MARTIN, MAYOR ATTEST: --c I%- 9k Reber a Garza, City Secretary APPROVED AS TO CONTEN '_5 �� vl/� Scott Snider, Community Services Assistant City Manager APPROVED AS TO FORM: 6 /4t6l� Chad Weaver, Assistant City Attorney vwlccdoes/Chad/Resolutions/RES.Contract-southwest Wholesale Nursery January 30, 2009 ITB#09-013-F0, Trees for City Parks -Annual Pricing Resolution No, 2009—R0066 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 Southwest Wholesale Nursery, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Trees for City Parks — Annual Pricing 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 Trees for City Parks. 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 Trees for City Parks specifically referred to as Item(s) No. 4, 5, 11 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. 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 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. The Contractor shall perform the work according to the procedure outlined in the specifications 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 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. 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. 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 ITB#09-013-F0, 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 written. Executed in triplicate, CITY OF LUBBOCK Tom Martin, Mayor ATTEST; _-4z 1 Rebecei Garza, City Secretary CONTRACTOR BY arized Represent tive .2 '� ao 60-nCI� Like IRO( Llar� 0 7k- 7noolo APPROVED AS TO LNTEMNT: Scott Snider, Assistant City Manager/Community Service 7�� P-7 FORM: Assistant City Kttorney 09-013-FO.doc M ..-- - �F ITB#09-0l3-F•O. Trees for City Parks -Annual Pricing Resolution No. 2009—R0066 SUBMIT TO: QCITY OF LUBBOCKPurchasing / • CITY OF LUBBOCK, TEXAS & Contract Management io.�� 1625 l3is Street. Rim. 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Felix Orta EMPLOYER #09-013-i1r O TEL: 806.775.3 I50 FAX: 806.775.2164 littp://purchasing.ci.lubbock.ix.us TITLE: Trees for City Parks — Annual Pricing SUBMITTAL DEADLINE: January 6, 2009 @ 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: December 16, 2008 at 9:00 rinyhtdsreceivedaJterthe rime and date b.stedabow, regardlessajthe A.M. in the City Hall, 1625 13`h Street, Purchasing Conference xrodeajdelivery .,riitrrhG,eii,r,i diii,i,r,iid Room 204, Lubbock, Texas. RESPONDENT NAME: y c i t iVll i, 1, LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB 4, ; l} `•�,t" ;� I .,i NUMBER, THE CLOSING DA'I E AND'TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: J) `` ZC` IF RETURNING AS A'•NO BID", PLEASE COMPLETE AND RETURN THE �t1Y�' LSiI�' "STATEMENT OF NO BID". ' TY — STATE —'LIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WANE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY I'E EPHONE NO: _ RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF T'HF CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK 'THAT TI HS F N ? REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-M IL: 1 "XI PS 01({ '" I,t?lX l i Sf f ., MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURT Y NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE i 1 lv 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 BIDSYNC.COM K 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, equipment, 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_ NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH f TI lE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING Bit) FOR FURNISHING THE MATERIAL, EQUIPMENT. LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THf, ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR I'HE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION, FAILURE TO EXECUTE TI IIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or comtection 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 cummodit)V'rs`f or service (s) purchased or acquired by the City of Lubbock. At tN City's disctetion, sucli :assignment siialf he made and become effective at the tim he • nders final ayment to the vendor. l _ i A,Ut [)L A. I uthnrizcd Signal re Title V l I I�rr +iL r- J Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 09-013-FO.doc 6 I'tB#09-013-FO. Trees for City Parks -Annual Pricing BID FORM Trees for City Parks — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 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 SHE QTY UIM UNIT COST* EXTENDED Days ARO** (Please see specifications) (More COST or Less) 1 Carya illinoinensis 'Choctaw' 51 EA Pecan. Size NO B&B; 30 gal. Onlv 2 Chitalpa tashkententis-Chitalpa. 16 E.A � a Size 2 - 2 %z in. caliper 3 Pyrus cal leryana-Brad ford Pear. '/z 27 EA % g� Size 2 - 2 in. caliper 4 Malus radiant -Radiant Crabapple. 27 EA 7a Size 2 - 2 1/2in. caliper 7 5 Koelreuteria paniculata-Golden '/2 18 EA S--1 �,,� % ! O Rain Tree. Size 2 - 2 in. tali er , , 6 Pistacia chinensis-Chinese 1/2in. 51 EA z 7 C957 Pistache. Size 3 - 3 caliper /y 7 Prosopis glandul os a- Mesquite. 16 EA Size: NO B&B; 30 gal. Only 4A g Quercus macrocarpa-Bur Oak. '/2 51 EA 7 Size 2 - 3 in. caliper g Quercus texana-Red Oak. 1/2in. 51 EA % 7.3 1' � 7 Size 3 — 3 caliper , 10 Quercus virginiana var 51 EA "Fusiformis' Live Oak.�� '/Z Size 3 — 3 in. caliper I l Ulmus parvifolia-Lacebark Elm. 51 EA Size 2 '/z - 3 in. caliper 12 Ulmus crassifolial-Cedar Elm. 51 EA Size 3 — 3 '/z in. caliper /I Overall Total CIO Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock. The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities.. 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 Form. The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of IJ N %, 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 09-013-FO.doc ITB#09-013-FO, Trees for City Parks -Annual Pricing 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, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO X— • 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 1S SUBMITTED BY ,�)QLAlt St_ 401e, N-011V a corporation organized under the N laws of the State of �U , or a partnership consisting of or an individual trading as of the City of Firm: u4 h u.'c 1C<IM 1p 1V U V c}(- 2-220 City: State: Zip �eTX& M/WBE Woman Black American Native American Firm: Hispanic American Asian Pacific Other (Specify) American Date: Authorized Representative - must sign by hand Officer Name and Please Print Business Telephone Number-i5 �5 `� f FAX; LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 09-013-170.doc 8