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HomeMy WebLinkAboutResolution - 2013-R0224 - Contract - Center Point- Mowing Services-07/11/2013 - 07/11/2013Resolution No. 2013-RO224 July 11, 2013 Item No. 5.4 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, Contract No. 11361 for mowing services at Lake Alan Henry, by and between the City of Lubbock and Center Point, of Shallowater, 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 July 11, 2013 GLptIR666RTSON, MAYOR ATTEST: 0.0 ple I - r. 4 V - Reb tca Garza, City cretary APPROVED AS TO CONTENT: i A R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: 1 Chad Weaver, Assistant City Attorney vwxcdocsIRES.Contract-Center Point June 28, 2013 Resolution No. 2013--RO224 City of Lubbock, TX Contract for Mowing Services at Lake Alan Henry Contract 11361 THIS CONTRACT made and entered into this 111h day of July, 2013, by and between the City of Lubbock ("City"), and Center Point, ("Contractor"). WI TNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Mowing Services at Lake Alan Henry 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 Mowing Services at Lake Alan Henry. 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, Mowing Services at Lake Alan Henry and more specifically referred to as item 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 bid form, specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the bid form and specifications attached hereto. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party 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. 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. 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 General Liability Commercial General Liability 500,000 General Aggregate Automotive Liability Combined Single Limit Any Auto 500,000 Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on Auto/General Liability on a Primary and Non -Contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. 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 immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 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. 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 thirty (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. This Contract consists of the following documents set forth herein; 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 LU BOCK I "Z Gle . obgifscln, Mayor ATTEST: letbccla Garza, City Secre APPROVED AS DASTO CONTENT: / /�j y R. Keith Smith, P.E., Chief Operating Officer AAS FORM: PP Assistant City Attorney CONTRACTOR Authorized Representative 47 i k o AA av, Print Name Via, AaX ro6� Address ow,,Aey- TX 74363 City, State, Zip Code 3.0 City of Lubbock, TX Mowing Services at Lake Alan Henry Specifications Class D Maintenance Standards 3.1 General: Successful contractor shall have ten days from receipt of the Notice to Proceed to commence contract maintenance activities. The decision to end the maintenance season shall be made by the Equipment Maintenance Supervisor or his Agent. The Contractor shall be notified of the City's decision by letter. 3.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending two -feet from back of curb into all streets. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating plant beds. 3.2 Mowing: Mowing frequency shall be determined by the Equipment Maintenance Supervisor or his Agent. Turf shall be cut at a height of two to four -inches, at the discretion of the Equipment Maintenance Supervisor or his Agent. Clippings shall not be bagged and all hand scrapes shall be cleaned after each service. No clumps or windrows of grass shall be left by the mowers. Mowing equipment shall be a shredder or a full flotation rotary mower that will not leave ruts or tracks on lawn and shall be approved by the Equipment Maintenance Supervisor or his Agent. Mulching blades may be used at the discretion of the Equipment Maintenance Supervisor or Agent. 3.2.1 Anticipated Mowing Frequencies (Estimate of Schedule): January - 0 July - 1 February - 0 August - 1 March - 0 September - 1 April - 0 October - 1 May - 0 November - 0 June - 1 December - 0 3.3 Edging: All sidewalks and curbs shall be edged to a depth of one -inch and shall be performed concurrently with mowing operations. String trimmers or curb dressers may not be used for edging. Chemical edging is not permitted on Class C Areas. 3.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, equipment, signs, both sides of fences when possible, and any other plants or structures. All surfaces, streets and areas must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 3.5 Litter: The Contractor shall realize that litter or debris may accumulate prior to mowing with no fault to either party. All trash or debris shall be removed by the contractor. The Contractor shall instruct mower operators to police sites to prevent dangerous or unsightly conditions. Litter and Debris removal shall be performed concurrently with other maintenance operations. 3.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in Residential dumpsters or of those belonging to Commercial Businesses. 3.7 Clean up: All work shall be cleaned up and waste material removed from the site. No equipment shall be left at neighborhood area sites and all material shall be removed from the job site the same day of mowing. THE CITY REPRESENTATIVE REQUESTS THAT ANY BID RECEIVED IS BASED ON THE FACT THAT THE BIDDER HAS ACCOMPLISHED A SITE SURVEY OF THE PROPERTY AND THEY ACCEPT THE BID SPECIFICATIONS AS PROPER. THE CITY OF LUBBOCK WILL ISSUE THE CONTRACTORS AND THEIR EMPLOYEES, PHOTO IDENTITY CARDS TO BE WORN 1N THE OPEN AT ALL TIMES WHILE THEY ARE ON CITY PROPERTY. THIS PHOTO IDENTITY CARD SHOULD BE WORN WHILE ON CITY PROPERTY ONLY. ALSO THE CONTRACTORS AND THEIR EMPLOYEES SHALL CALL THE CITY WATER DEPARTMENT CONTROL ROOM AT 775-3416 AND LET THEM KNOW OF YOUR ARRIVAL AND DEPARTURE FROM THE CITY PROPERTY. ANY VIOLATION OF THIS RULE MAY TERMINATE THE CONTRACT. LOST BADGES WILL BE REPLACED AT CONTRACTOR'S EXPENSE @ $25.00 PER BADGE. In making bid for Contract Turf Maintenance Mowing I hereby agree to and understand the following: 1. The bid is for the entire season, not just for one mowing. 2. All the yards will be mowed with some type of mowing equipment such as a mower or a shredder. 3. All sidewalks, reservoir, valve boxes and fencerows must be edged with a line trimmer or an edger. 4. All valve box tops and sidewalks will be swept or cleaned -off after all mowing is completed. 5. Yards must be cleaned of papers, boxes and other trash before mowing. 6. After mowing, yard must be inspected and approved by a City employee before payment is made. 7. Contractor will be contacted by a City employee when yards require mowing. 8. I understand that some properties may have to be cut more frequently. 9. I understand this agreement is between the contractor and the Water Treatment Plant. 10. The bid is based on a unit -mowing price (one time charge), and the contractor will be paid for each time the property is mowed. 11. Bidder is required personally to inspect each of the listed property, prior to submitting his bid. Bidder will be required to sign off on his prior inspection. By not inspecting each property and signing off on the Inspection form, the City reserves the right void any bid submitted. 12. All work is schedule driven; therefore, the Contractor's work force and equipment needs shall vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday, 8:00 a.m. to 5:00 p.m. Work on weekends, holidays, and nights shall be at the discretion of the Equipment Maintenance Supervisor. Should the Contractor find it necessary to work during this time, notice of his intention to do so shall be given to the Equipment Maintenance Supervisor or his Agent at least seventy-two hours prior to doing so. The City reserves the right to deny such work at such time. d1A -Z� CONTRACTOR EQUIPMENT MAINTENANCE SUPERVISOR OR AUTHORIZED AGENT Q PLRCHAS08I0 DOCS BUYER-CYNTIHA ITB 13-11361-CP MOWING SERVICES AT 1.\NE ALAN HENRY 37 City of Lubbock, TX Unit Pricing Contract Turf Maintenance Class - D Areas and Properties Annual Maint. Maint. Cycle Acreage Cycles Unit NAME ADDRESS (Approx) (Approx) U/M Cost South Water Treatment Plant 5114 East FM 1585 200 5 EA $ 7 600 Bidders Signature /"1111 :� Print Alt h-e wclkfe-4 Date: 6 / 7- / 2013 QPIJRC14ASOBID DOMBUYER-CWTHW ITS I3-11361{P \gWING SERVICES AT LAKE ALAN IIENRY 38 Extended Cost 03 $ -3113006- BID FORD[ Mowing Services at Lake Alan Henry City of Lubbock, Texas ITB No. 13-11361-CP In compliance with the Invitation to Bid 13-11361-CP, 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 13-11361-CP is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ANNUAL MAINTENANCE ITEM MAINTENANCE DESCRIPTION CYCLE UNIT EXTENDED CYCLES COST* COST APPROXIMATELY a. b. C. d. e. = b x d I . 26 Turf maintenance for Class A areas and properties $ $ consisting of approximately 1.1 acres, as specified herein. 2. 16 Flowerbed maintenance for Class A areas and $ $ properties consisting of approximately 0.25 acres, as specified herein. 3. 20 Turf maintenance for Class B areas and properties $ $ consisting of approximately 5.0 acres, as specified herein. 4. 5 Turf maintenance for Class D areas and properties $ $ consisting of approximately 200 acres, as specified `7 herein. *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 Mowing Services at Lake Alan Henry with one or more contractors. In order to assure adequate coverage, the 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 10 %, net LOcalendar 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 PRICENG: 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 Q PURCHASFBID DOCSSBUYER•CYNTHIA ITB 13.11361•CP MOWING SERVICES AT LAKE ALAN HENRY 4 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, Nest 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 a corporation organized under the laws of the State of or a partnership consisting of or individual trading as o.`, +- of the Cityof Firm: CP ti. + Address: P O)c / O 6Y City: 5�10.�) o wo�'�e. State: Tx zip 79363 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman I IBlack American I I Native American Hispanic American I I Asian Pacific Americl I Other (SDecifv) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: I. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) By Date: Q11URCIWEI81D DOM OUMCYNTHWITR 13-11361-CP StOWINO SERVICES AT LAKE AIAN HENRY 5 Authorized Representative�- must by !rand Officer Name and Title: /I///�e Please Print Business Telephone Number HOC- S q 3 —'V%5 % FAX: E-mail Address: 1y��Ttr� Youy<<X g-� yyetI � cid . Ct I^ FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $15,000): 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 NANIE AND ADDRESS. Q'PURCIIASE`BID DOCS UUYER-CYNTIIIA ITB I 'W1361-CP MOWING SERVICES AT LAKE ALAN IIENRY 6