HomeMy WebLinkAboutResolution - 2010-R0022 - Contract 9276 TIBH And Marion Moss Interior Plants At City Hall And Civic Center - 01/14/2010!;Resolution No. 2010-R0022
;January 14, 2010
'Item No. 5.34
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, Contract No. 9276 for
Interior Plant Maintenance services for City Hall and Civic Center, by and between the
City of Lubbock and Marion Moss Enterprises, 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 14th day of
ATTEST:
CR.JL"-' , .
Rebec6 Garza, City Secretary
APPROVED AS TO CONTENT:
January
I � - 7/� A;
TOM MARTIN, MAYOR
MarkVea-rwq3d
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
sj:ccdocs/RES.Contract-Marion Moss Enterprises
December 30, 2009
, 2010.
Contract Number 9276
Resolution No. 2010-R0022
CONTRACT FOR STATE USE PROGRAM
THIS AGREEMENT IS MADE by and between the CITY OF LUBBOCK, hereinafter called the
CITY OF LUBBOCK; the TIBH Industries, Inc., hereinafter called TIBH; and Marian Moss
Enterprises hereinafter called the PROVIDER.
WITNESSETH
WHEREAS, Human Resources Code, Chapter 122, authorizes the CITY OF LUBBOCK to
purchase services and products from blind and severely disabled persons and establishes
procedures for such purchases (hereinafter referred to as the State Use Program); and
WHEREAS, The Texas Council on Purchasing from People with Disabilities has promulgated
rules for the State Use Program at Title 40,Texas Administrative Code, Chapter 189; and,
WHEREAS, pursuant to the rules, the CITY OF LUBBOCK has determined to set aside a
service generally described as Indoor Plant Maintenance to be
furnished by the PROVIDER;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the CITY OF LUBBOCK, TIBH, and the PROVIDER mutually agree as follows.
AGREEMENT
Article 1. Contract Period
This contract becomes effective on January 1, 2010 and terminates on December 31, 2010
unless termination occurs as otherwise provided in this agreement. This contract maybe
renewed for three additional one year terms with mutual agreement from both parties under the
same terms and conditions.
Article 2. Scope of Work
The PROVIDER shall undertake, perform, and complete all work authorized in Attachment A,
Scope of Work, at locations and costs authorized in Attachment B, Work Costs.
Article 3. Compensation
The maximum amount payable under this agreement shall not exceed $11,070.96 unless this
agreement is amended in accordance Article 10, Amendments.
The PROVIDER shall submit periodic requests for reimbursement using forms acceptable to the
CITY OF LUBBOCK. Such requests will be made for work performed or products furnished by
the PROVIDER.
The PROVIDER hereby assigns all payments due it by the CITY OF LUBBOCK to TIBH. The
CITY OF LUBBOCK shall make payment directly to TIBH on behalf of the PROVIDER. No
liability shall attach to the CITY OF LUBBOCK by the PROVIDER's assignment to TIBH. TIBH
Indoor Plant Maintenance Page 1 of 11
Contract Number 9276
shall compensate the PROVIDER in a timely manner commensurate with receipt of payment
from the CITY OF LUBBOCK.
Article 4. Insurance
Before beginning work, PROVIDER shall obtain appropriate insurance coverage and furnish
documentation of such coverage to CITY OF LUBBOCK.
Appropriate coverage is listed and marked below.
Do not sign this agreement unless the appropriate box is marked. [ ]
PROVIDER is a state agency.
PROVIDER, being s State Agency, acknowledges that it is not an agent, servant or employee
of the CITY OF LUBBOCK, and it is responsible for its own acts and deeds and for those of
its agents or employees during the term of this contract.
[X] PROVIDER is not a state agency.
1. PROVIDER must provide CITY OF LUBBOCK with evidence of insurance coverage as
follows:
Worker's Compensation — The PROVIDER shall elect to obtain worker's compensation
coverage pursuant to Section 406.002 of the Texas Labor Code. Further, PROVIDER
shall maintain said coverage throughout the term of the contract and shall comply with all
provisions of Title 5 of the Texas Labor Code to ensure that the PROVIDER maintains
said coverage. Any termination of worker's compensation insurance coverage by
PROVIDER or any cancellation or non -renewal of worker's compensation insurance
coverage for the PROVIDER shall be a material breach of this contract. The PROVIDER
may maintain OCCUPATIONAL Medical and Disability Insurance in lieu of Workers'
Compensation. In either event, the policy must be endorsed to include a wavier of
subrogation in favor of the CITY OF LUBBOCK.
The PROVIDER shall also provide the CITY OF LUBBOCK proof of Employers' Liability
in an amount no less than $500,000 will be included with the certificate.
If at any time during the life of the contract or any extension, the PROVIDER 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.
2. Commercial General Liability Policy including premises/operations, products/completed
operations. The commercial General Liability Policy requires a $500,000 combined
single limit for injury or death of any person(s) and property damage, arising out of one
occurrence. With an endorsement for heavy equipment coverage. The CITY OF
Indoor Plant Maintenance Page 2 of 11
Contract Number 9276
LUBBOCK shall be named a primary additional insured. The Certificate of Insurance
must reflect wording which state that the policy shall be primary and non-contributory with
respect to any insurance carried by the PROVIDER.
3. Automobile liability with a limit of $300,000 combined single limit for bodily injury and
property damage arising out of any one occurrence. The cost of such insurance shall be
a direct cost of operation by the PROVIDER. Such policies shall contain a covenant of
the insurance company requiring thirty (30) day written notice first to be given to CITY OF
LUBBOCK before cancellation, reduction, or modification. The CITY OF LUBBOCK shall
be named a primary additional insured.
4. If a subcontractor is employed, the subcontractor shall provide a written certification to
the PROVIDER that the subcontractor is providing insurance coverage equal to the limits
described above and the PROVIDER shall provide CITY OF LUBBOCK written
certification to this effect. The Certificate of Insurance shall name the CITY
OFLUBBOCK as a primary additional insured and such certificate shall reflect wording
which states the policy shall be primary and non-contributing with respect to any
insurance or self-insurance of the CITY OFLUBBOCK.
However, when the PROVIDER and the subcontractor agree in writing for the
PROVIDER to provide worker's compensation insurance coverage for all employees of
the PROVIDER and the subcontractor employed on the project, the PROVIDER shall
provide a copy of said agreement to the PROVIDER's workers' compensation insurance
carrier within 10 days of execution, and provide a written certification of said agreement
to CITY OF LUBBOCK.
5. Certificates of Insurance along with a copy of the additional insured endorsement shall be
provided to the CITY OF LUBBOCK prior to beginning any work.
CITY OF LUBBOCK shall be named as an Primary Additional Insured on Automobile and
General Liability and a Waiver of Subrogation in favor of CITY OF LUBBOCK shall be
provided on all policies.
Article 5. Records
The PROVIDER and TIBH agree to maintain all books, papers, drawings, accounting records,
and evidence pertaining to costs incurred and work performed hereunder, hereinafter called the
records, and shall make such records available at its office during the contract period and for
four (4) years from the date of final payment under this contract.
The PROVIDER and TIBH shall allow access to the records by duly authorized representatives
of the CITY OF LUBBOCK for the purpose of making audits, examinations, excerpts, and
transactions.
Indoor Plant Maintenance Page 3 of 11
Contract Number 9276
Article 6. Indemnification
PROVIDER and TIBH each shall same harmless CITY OF LUBBOCK from all claims and
liability due to the acts or omissions of PROVIDER or TIBH, their agents or employees to
the extent provided by law.
Article 7. Disputes
If a dispute arises about the services authorized under this agreement, the PROVIDER shall
immediately notify the CITY OF LUBBOCK and TIBH. Every effort shall be made to resolve the
dispute.
If, however, the dispute cannot be settled in an amount of time deemed reasonable by the CITY
OF LUBBOCK, the CITY OF LUBBOCK shall terminate this agreement in accordance with
Article 17, Termination. TIBH shall coordinate with the CITY OF LUBBOCK to furnish another
PROVIDER under the State Use Program, and a new agreement will be entered into for the
services or products set aside under the terms of this agreement.
If another PROVIDER cannot be found to provide the services, TIBH will notify the CITY OF
LUBBOCK in writing no later than thirty (30) days from the date of termination of this agreement.
Upon receiving such notice the CITY OF LUBBOCK shall at its own option complete the work
with its own forces or enter into a contract using appropriate procedures other than the State
Use Program, except that the PROVIDER and TIBH shall not thereby be absolved of legal
responsibility for such work.
Article 8. Remedies
Violations or breach of the terms of this agreement by the PROVIDER or TIBH shall be grounds
for termination of the contract. This agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies existing at law and in equity may be availed
by either party and shall be cumulative.
Article 9. Changes in Work
If at any time during the course of this agreement it becomes necessary for the PROVIDER to
perform services or provide a product not identified in the original Attachment A, Scope of Work,
PROVIDER shall notify CITY OF LUBBOCK and request authorization to proceed. CITY OF
LUBBOCK shall notify PROVIDER in writing if the additional work is deemed necessary and
shall authorize PROVIDER to proceed with the increased work.
If at any time during the course of this agreement it becomes necessary for the CITY OF
LUBBOCK to cancel or make changes in the services or products authorized in Attachment A,
Scope of Work, the CITY OF LUBBOCK shall so notify the PROVIDER in writing and the
PROVIDER shall cancel or otherwise change the work as instructed by the CITY OF LUBBOCK.
PROVIDER shall not request compensation for any work so cancelled.
Indoor Plant Maintenance Page 4 of 11
Contract Number 9276
If the maximum amount payable established in Article 3, Compensation, will be exceeded as a
result of the additional or changed work, the CITY OF LUBBOCK will provide additional
compensation at the rates specified in Attachment B, Work Location and Cost. If rates have not
been specified for the additional work tasks, the CITY OF LUBBOCK, the PROVIDER, and TIBH
will mutually agree to the rates, provided, however, that rates are reasonable and consistent
with rates normally charged for the work.
Any additional compensation must be authorized in writing and approved by all parties in
accordance with Article 10, Amendments.
This agreement may be amended to reflect additions to work performed with the appropriate
amount of compensation being added to Attachment B Work Location and Cost.
Article 10. Amendments
If the PROVIDER finds that any work requested under this agreement will change the scope,
character, complexity, or nature of the work, the time period, the method of payment, or the
maximum cost hereunder a written amendment must be executed within the time period
established in Article 1, Contract Period. Any such amendment shall be deemed to be a
supplemental agreement to this document.
If the CITY OF LUBBOCK finds it necessary to require changes in completed work because of
errors made by the PROVIDER, the CITY OF LUBBOCK will require the PROVIDER to correct
the work at no cost to the CITY OF LUBBOCK and without amendment to the agreement.
If the changes are made at the request of CITY OF LBBOCK and are not because of errors of
the PROVIDER, CITY OF LUBBOCK shall compensate PROVIDER as authorized in Article 9
Changes in Work.
Article 11. Inspection of Work
The CITY OF LUBBOCK will have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is being
performed. If any inspection or evaluation is made on the premises of the PROVIDER, the
PROVIDER shall provide all reasonable facilities and assistance for the safety and convenience
of the inspectors in the performance of their duties. All inspections and evaluations will be
performed in such manner as will not unduly delay the work.
Article 12. Reporting
The PROVIDER or TIBH shall promptly advise the CITY OF LUBBOCK in writing of events
which have a significant impact upon the work performed under this agreement, including:
1. Problems, delays, or adverse conditions which will materially affect the PROVIDER's
ability to attain program objectives, prevent the meeting of time schedules and goals, or
preclude the attainment of project work units by established time periods. This
disclosure shall be accomplished by a CITY OF LUBBOCKment of the action taken or
Indoor Plant Maintenance Page 5 of 11
Contract Number 9276
contemplated and any CITY OF LUBBOCK or TIBH assistance needed to resolve the
situation.
2. Favorable developments or events that enable meeting time schedules and goals
sooner than anticipated or producing more work units than originally projected.
Article 13. Public Safety and Convenience
The safety of the public and the convenience of traffic are of prime importance under this
agreement. Unless otherwise provided, the PROVIDER's performance of this agreement shall
not interfere with city activities
Article 14. Protection of Property
The PROVIDER shall take proper precautions to protect all adjacent property, which might be
damaged or injured by any process of work. In case of any such injury or damage resulting
from the PROVIDER's acts or omissions, the PROVIDER shall restore at its own expense the
damaged property to a condition similar or equal to that existing before such injury or damage
was done, or shall otherwise remedy such injury or damage in a manner acceptable to the CITY
OF LUBBOCK, TIBH, and the property holder or owner involved. If the CITY OF LUBBOCK
must intervene and repair any damage not repaired by the PROVIDER, all such repairs will be
made at the PROVIDER's expense. The CITY OF LUBBOCK will deduct the costs associated
with the repairs from the amount due and payable to the PROVIDER, or the PROVIDER will
otherwise compensate the CITY OF LUBBOCK for the cost of repairs.
Article 15. Subcontracts
The PROVIDER shall not sublet or transfer any portion of the work authorized in this contract
unless specifically authorized to do so in writing by the CITY OF LUBBOCK. Subcontractors
shall comply with the provisions of this contract and subcontracts in excess of $25,000 shall
include the required provisions of this contract.. No subcontract will relieve the PROVIDER of
its responsibility under this contract.
Article 16. Gratuities
Employees of the CITY OF LUBBOCK shall not accept any benefit, gift or favor from any person
doing business with or who reasonably speaking may do business with the CITY OF LUBBOCK
under this agreement.
Any person doing business with or who reasonably speaking may do business with the CITY OF
LUBBOCK under this contract may not make any offer of benefits, gifts or favors to department
employees, except as mentioned above. Failure on the part of the PROVIDER and TIBH to
adhere to this policy may result in the termination of this contract.
Indoor Plant Maintenance Page 6 of 11
Contract Number 9276
Article 17. Termination
This agreement may be terminated before the completion date established in Article 1, Contract
Period, by any of the following:
A. By mutual consent and agreement of both parties hereto.
B. By the CITY OF LUBBOCK, giving notice in writing to the PROVIDER and TIBH, as a
consequence of failure by the PROVIDER or TIBH to perform the services herein set
forth in a satisfactory manner and within the limits provided, with proper allowances
being made for circumstances beyond the control of the PROVIDER and TIBH.
C. By either party upon the failure of the other party to fulfill its obligations as set forth in
the Scope of Work attached hereto and labeled Attachment A, giving written notice one
to the other establishing the effective date of termination.
D. By satisfactory completion of all services and obligations described herein.
If the CITY OF LUBBOCK should terminate this agreement, then no costs other than costs due
and payable at the time of termination shall thereafter be paid to the PROVIDER or TIBH. In
determining the value of the work performed by the PROVIDER prior to termination, the CITY
OF LUBBOCK will consult with TIBH, but the CITY OF LUBBOCK shall be the sole judge.
Payment for eligible costs incurred pursuant to a notice of termination will be based on work
completed at that time.
If the PROVIDER defaults in performance of this agreement or if the CITY OF LUBBOCK
terminates the agreement for fault on the part of the PROVIDER or TIBH, in determining
payment, the CITY OF LUBBOCK will give consideration to the actual services or products
provided up to the date of default, the costs to the CITY OF LUBBOCK of employing another
firm to complete the required work and the time required to do so, and other factors which affect
the value to the CITY OF LUBBOCK of the work performed up to the date of default.
Article 18. Compliance with Laws
The parties shall comply with all applicable federal, CITY OF LUBBOCK, and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this contract,
including, without limitation, worker's compensation laws, minimum and maximum salary wage
statutes and regulations, licensing laws and regulation, and nondiscrimination laws. When
required, the parties shall furnish each other with satisfactory proof of compliance.
Article 19. Successors and Assigns
The CITY OF LUBBOCK, TIBH, and PROVIDER do each hereby bind themselves, their
successors, executors, administrators and assigns to each other party of this agreement and to
the successors, executors, administrators and assigns of such other party in respect to all
covenants of this agreement.
Indoor Plant Maintenance Page 7 of 11
Contract Number 9276
PROVIDER has assigned all payments due it by CITY OF LUBBOCK under this agreement to
TIBH. Payments should be sent to the following address according to Articles 3 & 19.
TIBH Industries, Inc.
1011 E 53Y2 Street
Austin, Texas 78751
The Payee Identification Number is: 17522473119001
Indoor Plant Maintenance Page 8 of 11
Contract Number 9276
Article 26. Signatory Warranty
The undersigned signatories each hereby represents and warrants that each is an officer of the
organization which he or she has executed this contract and that each has full and complete
authority to enter into this agreement on behalf of the agency.
IN WITNESS WHEREOF, the parties hereto have executed triplicate counterparts to
effectuate their agreement, but this agreement shall not be valid until signed by a duly
authorized representative of each party.
CITY OF LUBBOCK
Tom Martin
Mayor
Attest:
C��Q '0 0 .d — ( - 19��
VI
Becky Garza
City Secretary
Approved as to Content
4—d C10't
Wesley Everett
Director of Facilities Managment
Approv t _ orm:
Assistant City Attorney
Marian Mo,Inter s
'14;
Mike McDaniel,
Executive Director
Attest:
?eV
Ann Miller
Corporate Secretary
Approved for State Use Program
Larry Sargee, 4r. Marketing Representative
TIBH Industries, Inc.
Indoor Plant Maintenance Page 9 of 11
Contract Number 9276
Resolution No. 2010—R0022
CITY OF LUBBOCK
INTERIOR PLANT MAINTENANCE
A. OWNER'S REPRESENTATIVE
1. Owner's representative for the CITY OF LUBBOCK shall be the Facilities Maintenance Supervisor, (806) 775-2276.
B. RESPONSIBILITIES
1. Contractor shall be responsible for the maintenance of planters and plants located throughout the CITY OF
LUBBOCK facilities as listed in Attachment "A".
1.1 Contractor may recommend a change in type and/or number of plants at any site that is evaluated as
inadequate planters for the best appearance. Recommended changes must be approved by Facilities
Management and the CITY OF LUBBOCK will be billed for the new plants at the contractors cost
2. Maintenance services shall include the following:
2.1 Watering
2.2 Cleaning foliage
Furnishing necessary fertilizers and application of same.
4. Application of insecticides and/or pesticides for any insects or disease to any plants. All pesticides,
chemicals, MSDS sheets, and proof of current Applicator's License must be submitted and approved by the
Owner's Representative prior to the notice to proceed.
5. Pruning and removal of dead leaves, as necessary.
6. Removal of trash from planters.
7. Replacement of plants with like variety as necessary.
8. The maintenance services as outlined above shall be performed on a regular schedule so as to insure the
appearance of quality installation at all times, such schedule to be coordinated with the CITY OF LUBBOCK
Facilities Management Department.
9. Contractor shall supply all necessary equipment and labor required to perform maintenance services.
10. Available water sources will be supplied by the CITY OF LUBBOCK.
IL The maintenance services shall be done during regular business hours, 8:00 a.m. to 5:00 p.m., Monday
through Friday, or as scheduled by the Owner's Representative. City Hall will be serviced twice a week (Tue
& Fri), the rest of the buildings can be serviced in accordance to the above requirements
C. GUARANTEES
1. Contractor shall be responsible for all damages to plants due to lack of maintenance or neglect. Damaged plants must be
replaced as soon as practicable with similar available plants.
2. Neglect shall include lack of or excessive watering, inadequate/improper fertilizer or pruning, or
inadequate/improper disease/insect control or application.
3. Contractor shall replace said plants at his own expense in a prompt manner.
Indoor Plant Maintenance Page 10 of 11
Contract Number 9276
4. Contractor shall insure that replacement plants are true in size, name, and variety. Substitutions may only be
made with the written approval of the CITY OF LUBBOCK Facilities Management Department.
5. Provide (50) poinsettias annually to the Civic Center for tree planter areas and offices of the Civic Center at
time deemed by Civic Center Director. Provide (50) poinsettias annually to the Municipal Building at time
deemed by the Owner's Representative.
6. Contractor shall not be responsible for vandalism, theft or damage to plants that is beyond their control.
However, owner agrees to pay Contractor to replace said plants at Contractor's cost. Contractor will notify
Owner in writing within five (5) working days of any evidence of vandalism, theft or other damages beyond
the Contractor's control.
7. The Contractor shall request payment for services as outlined in this agreement. The Contractor will provide
a detailed bill listing each facility as shown in Attachment "A" to the CITY OF LUBBOCK Facilities
Management Department at 1625 13th Street, Suite L08. Billing must be received by the 1St of the month for
the previous month of service. Invoices will only be paid after services are rendered.
8. This agreement may be terminated by either party prior to the expiration date of this agreement by issuing a
30 -day written notice.
9. The purpose of this Invitation to Bid is to establish firm prices for a period of one (1) year for the items
and/or services described herein. The CITY OF LUBBOCK may renew this agreement for a period of up to
two (2) additional years at the same price.
Indoor Plant Maintenance Page 11 of 11
Contract Number 9276
EXHIBIT "A"
LIST OF EXISTING PLANTS
MUNICIPAL BUILDING
1625 13
TH-
ATRIUM AREA
Basement
9-6" Kalonchoes 10-6" Dwarf Schefflera
1sT FLOOR
20-6" Kalonchoes 20-6" Dwarf Schefflera
2ND FLOOR
10-6" Kalonchoes 12-6" Dwarf Schefflera
Legal Department
162513`
Room 205
2-14" Massangeana Cane 1-10"Pole Ivy
1-10" Dracaena Marginata 1-10" Ficus Bush
2-10" Janet Craig 1-10" Sansevieria
1-10"Schefflera Amate
50-6" Poinsettia's during the holiday season
LUBBOCK MEMORIAL CIVIC CENTER
1501 6TH STREET
LOWER LEVEL ATRUIM AREA
3-10" Scheffelera 8-10" Ficus Ferns
1-10" Dracena Reflexa
Lobby
10 -Planters 8' Ficus Trees 1-10" Scheffelera
ADMINISTRATION OFFICE
1-10" Peace Lily
1-14" Salome
1-14" Scheffelera
1-10" Ficus
50 Poinsettia's at request of Civic Center director during holiday season.
Contract Number 9276
1-14" Dracena
2-14" Ficus
2-6' Planters
1-14" Sansevieria
Contract Number 9276
EXHIBIT "B"
Work Location and Cost
CITY OF LUBBOCK
Interior Plant Maintenance
Contract #7252
Item
Location
Cost For Month
City Hall/Legal Department
1
1625 13th Street
$827.43
Lubbock Memorial Civic
Center
2
1501 6th Street
$95.15
Total Monthly Cost
$922.58
Total Contract Cost $ 11,070.96