Loading...
HomeMy WebLinkAboutResolution - 2013-R0366 - Contract - Nursery Direct - Trees For Parks - 10_24_2013Resolution No. 2013-RO366 October 24, 2013 Item No. 5.14 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. 11554 for trees for parks, by and between the City of Lubbock and Nursery Direct, 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. THAT, in reference to this purchase, the Council finds that this local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the award of the contract to the local bidder, including the employment of residents of the municipality and increased tax revenues to the municipality. Passed by the City Council on October 24, 2013 GL RTSON, MAYOR ATTEST: 9 'X Rebe ca Garza, City Secre APPROVE AS TO CON E T: Scott Snider, Assistant City Manager Community Services AP E S TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs RES. Contract-N ursery Direct October 11, 2013 Resolution No. 2013-RO366 City of Lubbock, TX Contract For Services Trees for Parks CONTRACT 11554 THIS CONTRACT made and entered into this 24th day of October, 2013, by and between the City of Lubbock ("City"), and Nursery Direct, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Trees for Parks 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 trees for 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: 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, Trees for Parks and more specifically referred to as Exhibit A 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 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 500,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and non-contributory basis on General Liability, 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; Invitation to Bid No. 13- 11465-TL, 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 Glen VCqyer"'t`son", ayor ATTEST: Rebe ca Garza, City SecretUK3— AP2ROVED AS TO CnnO^^NT N �yl Scott Snider, Assistant City Manager APP D TO FORM: Assistant City Attorney CONTRACTOR BY , Authorized Representative 1VLl Print Name Address City, State, Zip Code City of Lubbock, TX Nursery Direct Exhibit A ITB 13-11465-TL Trees for Parks Item Qty U/M DescriptionNendor Unit Price 16 or More 3 100 EA Pinus Eldarica Elderica Pine 90 100 EA Pinus Edulis Pinyon Pine 130 City of Lubbock, TX Parks and Recreation Department Specifications 1. General 1.1 Scope of Work A. To furnish trees on an annual basis as needed for parkland properties as specified. 2. Quality Assurance 2.1 Qualifications of Bidder A. Bidder to have minimum of three years experience of supplying trees of similar characteristics and size. B. Bidder to furnish, at Owner's request, references of quality of trees for determination of ability of Bidder to supply plant materials as required. 2.2 Quality of Trees A. All trees not otherwise specified in this document shall conform to ANSI Z60.1 1990. B. Trees to be true to scientific and common name variety as specified. C. Trees to be sound, healthy, vigorous, well branched, densely foliated (when in leaf), and have healthy, unbroken, well developed root systems. D. Trees shall be free from disease, insects, and defects such as knots, sun scald, windburn, injuries, abrasions, or disfigurement. E. All trees shall have straight trunks, unless specified otherwise, and canopy branches to begin no lower than four feet in height. Evergreen conifers are excluded. F. Container grown trees shall have a compact root system. Fibrous roots shall be well developed so that the root mass will retain its shape and hold together when removed from the container. They shall fill the specified container, but shall show no evidence of being or having been root bound. Trees recently collected from native sites to be seasoned for a period of one year. Trees recently collected from the wild or balled and potted plants are not acceptable. G. Trees shall be grown in and/or conditioned to climatic conditions similar to those of the planting site. Q: Purchase/Bid Docs/ITB 13-11465-TL, Trees for Parks 28 H. Minimum Tree Trunk Caliper/Root Zone Dimensions: Shade/Deciduous/Broadleaf Evergreen 2" - 2 1/2" caliper - 30 gal. container or 24"xl5" ball minimum. Coniferous Evergreens 7ft to 8ft. height - 20 gal. container or 27"x18" deep ball minimum. All trees shall be single trunk. 2.3 Measurement of Deciduous and Broadleaf Evergreen Trees A. Deciduous trees shall be measured in units of average height in feet and by average caliper. B. Deciduous trees below four inch caliper to be measured six inches above ground level. If caliper is greater than four inches, measurements to be taken twelve inches above ground level. C. Trees delivered in response to this bid shall, in the aggregate, average the minimum caliper specified on the Bid Sheet. No trees with a caliper 1/2 inch less than the specified minimum shall be accepted. 2.4 Measurement of Coniferous Evergreen Trees. A. Evergreen trees to be measured in units of average height in feet. B. Evergreen trees to be free from bud tip damage. 3. Product Delivery, Inspection, Storage, and Handling 3.1 Delivery —owner's option A. Trees may be delivered to the owner at the Central Shop Maintenance Facility, 1912 Erskine, Lubbock, Texas 79415; they may be made available at the vendor's place of business in Lubbock or delivered to the location to be planted for the City of Lubbock. B. Protect all material during delivery prevent damage to foliage. 3.2 Inspection A. The owner shall reserve the right to inspect all trees before and/or after it has been removed from truck. B. Owner shall reject any damaged, diseased, or other trees, which does not conform to specifications. C. It shall be the Vendor's responsibility to replace any nonconforming trees with conforming materials at no expense to the owner. Q: Purchase/Bid Docs/ITB 13-1 1465-TL, Trees for Parks 29 3.3 Storage A. Protect all roots of tree from desiccation or other possible injury. B. Take necessary precautions to protect in adverse weather. C. Branches shall be protected from wind or other possible damage. 3.4 Handling A. Do not damage trunk or crown of plant material. B. Trees shall not be picked up or moved by the trunks, branches, stems, or foliage, and shall instead be lifted by the container or root ball. C. Any material damaged in way described in this subsection shall be replaced at Bidders expense. 4. Warranty 4.1 Tree supplier shall guarantee all trees to be in excellent condition when accepted by owner. All defective or dead plant material shall be replaced at tree supplier's expense. Supplier shall guarantee tree to produce a full set of leaves throughout the branch structure. 5. Payment 5.1 Payment will be made by Credit Card, Direct Payment Request or Purchase Order, whichever is most advantageous to owner. Q: Purchase/Bid DocsATB 13-11465-TL, Trees for Parks End of Section kip, Bid Form Trees for Parks City of Lubbock, TX 1TB No. 13-11465-TL In compliance with the Invitation to Bid 13-11465-TL, 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-I1465-TL is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY UNrr OF MEASUR DESCRIPTION UNIT PRICE 1-I5 UNIT PRICE 16 OR MORE DELIVERY DAYS ARO** (+/-) E 1. 60 EA Carya Illinoinensis Choctaw $ $ Pecan or Equivalent — No Native '/z _______________________ ____ _ - ---- ------------------- Pecans, 2-2 in. Caliper 2. 40 EA Jeniperus Chinenis Keteleeri, 7ft to ---------------------- 8 ft tall - ------- ------------------ 3. 100 EA Pinus Eldarica Elderica Pine,7ft to dO 8 ft tall ----------------------- -5 4. 40' EA Malus Radiant Crabapple, 2-2 %z ______________________ in. Caliper _ ---2 -- ---- F 5. 40 EA Koelreuteria Paniculata Golden '/z ---------------------- --- � ------------------- Rain Tree, 2-2 in. Caliper 6. 40 EA Pistacia Chinensis Chinese Pistache, 2-2 'h in. Caliper ---------------------- z� -1 tle--- - ----------------- 7. 100 EA Pinus Edulis Pinyon Pine, 711 to 8 ft ----------------------- o° tall 8. 60 EA Quercus Macrocarpa Bur Oak, 2-2 '/z in. ---------------------- ---� --f Y2- -(-v- -- ------------------- caliper 9. 60 EA Quercus Texana Red Oak, 2-2 %x Caliper ' �-�-- ------------------- in. J` 10. 60 EA Quercus Virginiana var 'Fusiformis' Live Oak, 2-2 %z in. ---------------------- --- pp --------------------- Caliper 11. 60 EA. Ulmus Parvifolia Lacebark Elm 2- 2 '/z in. Caliper --------------------- - F- 12. 60 EA. Ulmus Crassifolial Cedar Elm 2-2��� %z in, Caliper ---------------------- -- -- 13. 40 EA, Taxodium Distichum Bald '/z ---------------------- pv --- ---I------------------- Cypress, 2-2 in. Caliper TIItS FOR,11 INIUST 11E COMPLETED AND RETURNED WIT11 YOUR RESPONSE. Q Purchase/Bid Docs/11T3 13-1 1465-TL, Trccs 1'or Parks ;4 `)LI 14 *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 Trees for Parks Annual Pricing 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 %, 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. 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. 1NTERLOCAL 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 • 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 / Vi,U — Al ec �- a corporation organized under the laws of the State of or a partnership consisting of or individual trading as Firm: / V G(/S1- Address: 4'a / f City: J--- ,� do / - o ✓ fz A ,-, P— Q: Purchase/Bid DocstrfB 13-1 IA65=r1..'rrces for Parks of the City of State: Zi Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: I Woman Black American I I Native American I I Hispanic American Asian Pacific Americ I Other (Specify) is /—Tif/�W� Awhori=ed Representative - must sign by hand ,,�) Officer Name and Title: Ra Si n P s'S / t �Q ng P� 747 S�j A cJ7G o n a -- Please Print / �i I Business Telephone Number ��(07�Z�— �qd e FAX: E-mail Address: FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn/Individual: Date of Award by City Council (for bids over $50,000): 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 NAME AND ADDRESS. Q: Purchase/Bid Docs/1'rB 13-11465= rL, Trccs for Parks 6