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HomeMy WebLinkAboutResolution - 2015-R0223 - Contract - Center Point - Landscape Services - 07_09_2015Resolution No. 2015-RO223 Item No. 6.4 July 9, 2015 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. 12412 for Landscape Services for Water Treatment Plant Facilities, 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 9 ATTEST: I Q-t Reb t cca Garza, City Secr iary APPROVED AS TO CONTENT: 2015. GL . ROBERTSON, MAYOR Wo` riklin, P.E., Director of Public Works APPROVED AS TO FORM: RES.Contract-Nbr 12412-Center Point 6.22.15 Resolution No. 2015-R0223 CONTRACT NO. 12412 CITY OF LUBBOCK Contract for Services Landscape Services for Water Treatment Plant Facilities THIS CONTRACT made and entered into this 9th day of July , 2015. pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Centcr Point of Shallowater, Texas, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Landscape Services for Water Treatment Plant Facilities 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 Landscape Services for Water Treatment Plant Facilities. 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 provide to the City, Landscape Services for Water Treatment Plant Facilities and more specifically referred to as item(s) 4 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 procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. 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. All stated quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be detennined by actual need. 5. 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 Iowest and best bidder as it deems to be in the best interest of the city. 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 General Liability Commercial General Liability $1,000.000 General Aggregate Automotive Liabilitv Combined Single Limit $1.000,000 Any Auto Workers Compensation Statutory Amounts Employer's Liability 51,000,000 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. 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. S. 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 tern 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 Citv, 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. All funds for payment by the City under this contract arc subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided tinder the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the <,00ds or services covered by this contract is spent, whichever event occurs first. If• at any time funds arc not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to -ive such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be Cr the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 15- 12322-MA , General Conditions, Specifications, and the Bid Fonn. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. ATTEST: J2 Reb cca Garza, City Secretary AP OVED AST 7vi-e NT: % Aubrey A. ear, Directo of Water Ut' ' ies APPROVED AS TO FORM: Amy lms. tv y Atto CONTRACTOR: BY , j2/ Authorized Representve Printed Name Title &0j6oA r o 6�O Address 7930 City, State, Zip Code BID FORM Landscape Serti-ices for Water Treatment Plant Facilities Cite of Lubbock, Texas ITB No. 15-12322-ILIA In compliance with the Invitation to Bid 15-12322-1IA , the undersigned Bidder hawing 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 fonu. 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 15-12322-NIA is by reference incorporated in this contract. The Bid Fornt must be completed in blue or black ink or by typewriter. ITEM ANNUAL NIAINTENANCE DESCRIPTION MArNTENANCE CYCLE UNIT EXTENDED CYCLES APPRO\ly[.ATEL1' COST* COST a. b. c. d. e. = b x d ] . 25 Turf maintenance for Class A areas and properties S S consisting of approximately 0.32 acres. as specified herein. 2. 20 Turf maintenance for Class B areas and properties S S consisting of approximately 19.66 acres, as specified herein. 3. 20 Turf maintenance for Class C areas and properties S S consisting of approximately 36.3acres, as specified herein. 4. 5 Turf maintenance for Class D areas and properties $ consisting of approximately 112.5 acres, as specified 4 herein. y // Overall Total (Items 1-4) S If the unit price and the extension price are at variance, the unit price sliall prevail. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of ° o. net calendar days. Unless otherwise indicated on the Bid Form. payment terms will be NET THIRTY DAYS. The Cin• mill 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 mill 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. whiclieycr 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 productslservices; does not include an element of profit on the sale in excess of that nomially 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 inter -local purchasing agreements 4.0 Class D Maintenance Standards (MO«'ING :AS NEEDED) 4.1 GeneraI: 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 Equipnicnt R,laintertance SuperVisor or his Agent. The Contractor shall be notified of the C'ity's decision by letter. 4.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the center line 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. 4.2 Mowing: Mowing frequency shall be determined by the Equipment Maintenance Supen'isor or his Agent. Turf shall be cut at a height of two to four -inches, at the discretion of the Equipment Maintenance Supen-isor 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 niower that will not leave nuts or tracks on lawn and shall be approved by the Equipment 1\1aintenancc Supen'isor or his Agent. Mulching blades may be used at the discretion of the Equipment Maintenance Supervisor or Agent. 4.2.1 Anticipated Mowing Frequencies (Estimate of Schedule): January — 0 July — 2 February — 1 August — 4 March — 1 September — 3 April --- 2 October — 2 Nlav — 2 November — 1 June — 2 December - 0 4.3 Edgiug: All sidewalks and curbs shall be edged to a depth of one -inch and shall be performed concurrently with stowing operations. String trinuners or curb dressers may not be used for edging. Chemical edging is not permitted on Class D Areas. 4.4 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, sins, 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. 4.5 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. 4.6 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. 4.7 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 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. City of Lubbock, Texas Purchasing and Contract Management Unit Pricing Class D Areas and Properties Annual Maint. Nfaint. Cycle Acreage Cycles Unit Extended NAME ADDRESS (Approx) (Approx) U/M Cost Cost Water Treatment Plant Drying Beds 6001 N. Guava Avc. 2 5 EA 5 Water Treatment Plant Terminal Storage 0.75 Mile North of 6001 N. Guava Ave. 18.5 5 7 0— 1 EA S Water Treatment Plant Terminal Storage 92.0 3S�S �S 5 EA S Total Cycle Cost Bidders Signature --fir" Print �fr !y/Gii�cy Date; Y / - 7 / 2015 112.5 THE CITY OF LUBBOCK WILL ISSUE THE CONTRACTORS AND THEIR EMPLOYEES, PHOTO IDENTITY CARDS TO BE WORN IN 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 THE\1 KNOW OF YOUR ARRIVAL AND DEPARTURE FRO\l THE CITY PROPERTY. ,NNY VIOLATION OF THIS RULE MAY TERANIINI ATE THE CONTRACT. LOST BADGES WILL BE REPLACED AT CONTRACTOR'S EXPENSE L S25.00 PER BADGE. In making bid for Contract Turf Maintenance 1fowing I hereby- agree to and understand the follo«ina: I . The bid is for the entire season, not just for one mowing. 2. All the vards will be mowed with some type of mowinQ equipment such as a mo,tver or a shredder. 3. All sidewalks, reservoir, valve boxes and fencerows must be ed-ed with a line trimmer or an ed�,,er. 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 mow•inU. 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 mowinL,z. S. I understand that some properties may have to be cut more frequently. 9. 1 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 si,ning off on t13e Inspection form. The city reserves the rigltt void anv 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 though 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 durin f, this time. notice of his intention to do so shall be Qiven to the Equipment Maintenance Supervisor or his Agent at least seventy-two hours prior to doing so. The Citv reserves the ri,ht to demo such work at such tire. Center Point Mike Murtcy CONTRACTOR EQUIPMENT MAINTENANCE SUPERVISOR OR AUTHORIZED AGENT