Loading...
HomeMy WebLinkAboutResolution - 2002-R0221 - Contract For Turf Maintenance - AAA Landscaping & Lawn Care - 06_13_2002Resolution No. 2002-RO221 June 13, 2002 Item No. 29 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, a Contract for turf maintenance - annual pricing, by and between the City of Lubbock and AAA Landscaping & Lawn Care of Lubbock, 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 this 13th ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, rchasing Manager APPROVED AS TO FORM: A��'& /�" William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Turf Maint AAA. res May 31, 2002 day of June , 2002. Resolution No. 2002-RO221 June 13, 2002 Item No. 29 CONTRACT TURF MAINTENANCE STATE OF TEXAS COUNTY OF LUBBOCK This contract, (the "Contract"), effective as of the 13th day of June 2002, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and AAA Landscaping & Lawn Care. ("Contractor"). WITNESSETH WHEREAS, the City desires to obtain turf maintenance for properties of the Water Treatment and Production Department; and WHEREAS, Contractor has a professional staff experienced and is qualified to provide turf maintenance; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. The term may be extended for up to two (2) additional one (1) year terms with the written consent of both parties. ARTICLE II. COMPENSATION Compensation shall be based upon the number mowing cycles and shall be in accordance with Bid No. 082-02 dated April 25, 2002. ARTICLE III. TERMINATION a. General. City may terminate this Contract, for any reason, upon thirty (30) days written notice to Contractor. b. Termination and Remedies. In the event Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. City or Contractor may, in its sole discretion, terminate this Agreement at any time, with or without cause upon thirty (30) days written notice. ARTICLE IV. REPRESENTATIONS AND WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing turf maintenance, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to predictive maintenance services, as contemplated hereby. If any of the activities of Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. F. Use of Copyrighted Material. Contractor warrants that any materials provided by Contractor for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other similar law. Contractor shall be solely responsible for ensuring that any materials provided by Contractor pursuant to this Contract satisfy this requirement and Contractor agrees to hold City harmless from all liability or loss to which City is exposed on account of Contractor's failure to perform this duty. ARTICLE V. SCOPE OF WORK Contractor shall provide turf maintenance and related services as specified in Bid No. 082-02 (hereinafter called the "Work") attached hereto as exhibit A and made a part of this contract. The Work shall be performed at various locations within the City of Lubbock. Contractor shall begin Work within twenty-four hours after receipt of order. Contractor shall provide all mowing and edging equipment and supplies necessary. The areas to be serviced for each site include, under properties classified as Class C, all rights of way adjoining the site and to the centerline of all alleys adjoining the site, and extending 2 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. The City shall provide Contractor with name(s) of City representative(s) authorized to initiate orders. Contractor shall provide the City with the name and emergency phone number of Contractor's representative responsible for handling service requests during and after normal business hours. 2 ARTICLE VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VII. INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A:Vll. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Worker's Compensation. Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 2. Commercial General Liability. Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a minimum of Three Hundred Thousand and no/100 Dollars ($300,000.00) combined single limit in the aggregate and per occurrence. 3. Commercial Automobile Liability. Contractor shall maintain Commercial Automobile Liability coverage with a minimum of Three Hundred Thousand and no/100 Dollars ($300,000.00) combined single for Bodily injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. C. Subcontractors. Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. ARTICLE VIII. EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as additional insured's, insurance as described above in this Contract. ARTICLE IX. CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE X. INDEMNITY City of Lubbock shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, in whole or in part, the performance of Contractor under this agreement, including claims and damages arising in whole or in part from the negligence of City of Lubbock. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City of Lubbock from the consequences of City's own negligence, whether that negligence is the sole or contributory cause of the resultant injury, death, or damage. ARTICLE XI. COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XH. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. are: B. Contractor's Address. Contractor's address and numbers for the purposes of notice AAA Landscaping & Lawn Care ATTN: Joseph W. Jordan, Owner 916 E. Newcomb Lubbock, Texas 79403 806-765-9603 4 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock C/o Accounts Payable P. 0. Box 2000 1625 13th Street Lubbock, Texas 79457 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIII. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by Contractor D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by Contractor and City. I. Entire Agreement. This Contract, including Exhibit A, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. 5 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: ebe ca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager CONTRACTOR C .WFf,AD OWNEZ APPROVED AS TO FORM: H-� William D. de Haas Contract Manager/Attorney 11 EXHIBIT "A" INVITATION TO BID DATE: April 25, 2002 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13s" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http:i/purchasing.ci.lubbor-k,tx.us PLEASE FILL IN COMPANY NAME & ADDRESS IN THE AAA Landsca'!Dinc; &Lawn Care Resolution No. 2002-RO221 ITS $082-02/8M, Contract Turf Maintenance for Water Treatment and Production -Annual Pricing ITB 0 082-021BM BID CLOSING DATE May 9, 2002 CLOSING TIME 2:00 P.M. PRE -BID MEETING DATE May 1, 2002 PRE -BID MEETING TIME 9:00 A.M. PROCUREMENT OFFICER Bruce iMacNalr THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WANE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. DESCRIPTION OF INVITATION TO BID This document constitutes a request for sealed bids from responsible bidders to provide Contract Turf Maintenance for Water Treatment and Production -Annual Pricing to the City of Lubbock. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #H z #2 #3 #4 #6 (Plea" Initlal) IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM, AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION, FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. 1• Signa�el .� Title ,Q,vyn P r Print Name Joseph W."Iordan Date 5/6/02 PLEASE RETURN THIS PAGE ALONG WITH THE ATTACHED BID DOCUMENTS AND ANY ADDENDA. ITSM82-02 8M ps ow-ci t iK cOntrva Tut! MeirAanence for Water TroUnlarg ttnd Produabon-Annum Pftft BID FORM Contract Turf Maintenance for WaW Treatment and Production -Annual Pricing CITY OF LUBBOCK. TEXAS ITS 4 M-02MM In compliance with the Invitation to Yid • 042.02111141, the undersigned Bidder having examined the invitation to Bid and SpWileaticrw and being familiar wkh the cotonrdiittiioons to be met, hereby submits the fd Bid for furnishMtg the material, I labor and WV*Y&WW for the prices set forth an form. The o � 0112-021BM is by retererim Incotporthe Ims listed below and agrees to eW In this contrsd eliver sod items at the location: and Annual Maintenanoik F)dended ITEM Maintenttx:e DESCRIPTION Cycle Unit Cast Cast Cycles a b C d bxd Contract Turf Maintenance Class A Areas and Properties $ 1. 20 consist) of SWO)dMately 0.17 airs as specified herein. Contract Turf Maintenance for Class B Areas and Properties 2. 20 Conslstin of 92Pr0)dM*t@lV 4.5 Knils as specified herein. 625.00 Contract Turf Maintenance for Clan C Areas and Properties 3. 20 consisting of approWmately 32.5 areas as specified herein. 2,100.0111 41 000.00 Contract Turf Maintenance for Clim D Areas and Properti" 4. 5 oonsgItg of apprommutely 20.5 sixes sd havaln. 5-7 0 0 . 0 0 ,5Q • Q Q •PRICE: F.O.R. City of Lubbock "Ds" After Receipt elf Order (ARO) PAYMENT TERMS •• Bidder often a prompt payment discount of _%, net _ calendar days to,appiy after recelpt of ;nvoil a or final acceptance of the goods or so.. -Am provided, whichever Is later. if no prompt payment discount is offered, enter C In the % space to Indicate Not 30 days; otherwise payment terms shall be Net 30 days. Discounts will not be considered In determining low bid. THIS BID iS SUBMITTED BY N/A a corporation oryariiaed under the taws of the State of N/ _a, or a partnership Consisting of N/A or an indivldtlat trading as Jose n b . W . Tn rrl tL _ of the City of T , , h Y� r� r lr AWress.._ 916 F. XN comb City: Lubborji: • State: Toes G- - Zip 79a03 The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be Interested In the sale to the City of any supplies, equipment, material or articles pwchased. Wtlt any officer or employee of the City, or member of their immediate family, benefit tram the award of this bid to the above flan? YES. NO MNME Firm: By. Author,'zed Representstive - mist sign by hand Officer Name and Title: Tn P h W _ Tn ram, n r Qr _ Pieese Print Business Telephone Number ( ra h 7 FAx- (ana) 7 6 5- 9 7 R -� FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/individual: Date of Award by City Council (for bias over $25.000): Date P.OJContact !weed:,,_ iT8W42-o2 %M 1#082-02/BM, Contract Turf Maintenance for Water Treatment and Production -Annual Pricing CITY OF LUBBOCK ITB# 082-02113M CONTRACT TURF MAINTENANCE For Water Treatment and Production -Annual Pricing 3.0 Class C Maintenance Standards 3.1 General: Successful contractor shall have five (5) 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. After completion of the initial Contract term the Contract may be renewed for a period not to exceed one year per renewal with no more than two renewal periods, under the same terms and conditions and at the sole discretion of the city. 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 2 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 2". 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. 3.2.1 Anticipated Mowing Frequencies: January - 0 July - 2 February -1 August - 4 March -1 September - 3 April - 2 October - 2 May - 2 November -1 June - 2 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, fences, 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. The contractor shall remove all trash or debris. 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. ITB#082-02/BM 20 #082-02/BM, Contract Turf Maintenance for Water Treatment and Production -Annual Pricing 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 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 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 775-2587 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 weed eater 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. 1 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 should personally inspect each of the 19 listed properties, prior to submitting his bid. 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 (72) hours prior to doing so. The City reserves the right to deny such work at such time. CONTRACTOR ITB#082-02/BM 21 EQUIPMENT MAINTENANCE SUPERVISOR OR AUTHORIZED AGENT