HomeMy WebLinkAboutResolution - 2010-R0486 - Construction Contract For "Trees For Parks" - Best Horticultural Solutions - 09/27/2010Resolution No. 2010-RO486
September 27, 2010
Item No. 6.3
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, Construction Contract No. 9741 for
Trees for Parks -Annual Pricing per ITB 10 -115 -DD, by and between the City of Lubbock
and Best Horticultural Solutions of Cedar Park, 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 September 27, 2010
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TOM ARTIN, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS TO CONTE
Scott Snider, Assistant City Manager
Community Services
APPRO E - AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs;'RES.Contract-Best Horticultural Solutions
September 13, 2010
Resolution No. 2010—RO486
Contract No. 9741
CITY OF LUBBOCK
CONTRACT FOR SERVICES
TREES FOR PARKS - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB 10 -115 -DD
THIS CONTRACT made and entered into this 27th day of September, 2010, pursuant to a resolution heretofore adopted
between the City of Lubbock ("City"), and Best Horticultural Solutions ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Trees for Parks as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore
adopted acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering
the of the said, Trees for Parks -Annual Pricing
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, are hereto and made part hereof, Contractor will deliver
to the City the Trees for Parks specifically referred to as Item(s) No. 1,2,7,9 14 and 20 and more particularly described
in the bid submitted by the Contractor or in the specifications.
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; payment's do not include any applicable sales or use tax.
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 period of one year, said date of term beginning formal approval. The City and Contractor
may, upon written mutual consent, extend the contract for two -additional one-year periods. The rates may be adjusted
upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI)
or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At
the City's discretion, the effective change rate shall be based on either the local or national index average rate,
whichever is most appropriate for all items. If agreement cannot be reached, the contract is terminated at the end of the
current contract period. 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 City Right to Audit: At any time during the term of this 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 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.
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 #10 -115 -DD General Conditions,
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:
Tom artin , Mayor
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
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Scott Snider, Assistant City Manager of Community Services
APPROVED A T ORM:
Assistant City Attorney
CONTRACTOR:
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Authorized Repre tative
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