Loading...
HomeMy WebLinkAboutResolution - 2003-R0548 - Contract For Landscape Maintenance Service At LIA - Pevey Lawn & Landscape - 12/08/2003Resolution No. 2003-R 0548 December 8, 2003 Item No. 24 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 Landscape Maintenance Service at LIA — Annual Pricing, by and between the City of Lubbock and Pevey Lawn & Landscape 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 8th day of December , 2003. MXRC D UGAL, MAYOR ATTEST: P. �' RelAcca Garza, City Secretary APPROVED AS TO CONTENT: / ��7fj—A A/4r'l A Victor Kilma , Purchasing nager APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney/Office Practice as/ccdocs/Contract-Pevey Lawn & Landscape.Res Nov. 21, 2003 - ITB #206-03/BM, Landscape Maintenance Services at LIA - Annual Pricing Resolution No. 2003—RO548 City Contract December 8, 2003 For Item No. 24 Landscape Maintenance Services at LIA - Annual Pricing Bid No. 206-03/BM CITY OF LUBBOCK CONTRACT FOR SERVICES THIS AGREEMENT, entered into this 8th day of December, 2003, between the City of Lubbock ("City"), and Pevey Lawn and Landscape, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: I. Compensation. 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. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. II. Scope of Work. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. III. Contract Term: The period of this contract shall be for a period of one year beginning December 8, 2003. This contract may be extended for three additional one-year periods upon the written, mutual agreement of both parties. Any and all extensions shall be under the same terms, conditions, and contract price(s) of the original contract. Either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Prices shall remain firm for the life of the contract unless an exception is stated in the bid. IV. Relationship between City and Contractor. 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. V. Workers' Compensation and Contractors Liability Insurance: Contractors Liability Insurance: 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 subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence with General Aggregate limits of $500,000 Automotive Liability: For Any Auto with Combined Single Limit of $500,000 ITB#206-03/BM.doc 28 20-623- ao�548 ITB #206-03/BM, Landscape Maintenance Services at LIA — Annual Pricing The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds under the policies. 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 or Other Medical and Disability Insurance acceptable to City of Lubbock Risk Management, in an amount not less than $500,000. 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. VI. Successors And Assigns: 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. VII. Entire Contract This Contract consists of the following documents set forth herein; Invitation to Bid # 206-03/13M, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOC 0 Mac McDo gal, Ma or ATTEST: 4Recca Garza,City Secretary CONTRACTOR BY�'� Authorized Representative Pevey Lawn & Landscape Address P. 0. Box 16036 Lubbock, TX 79490 APPROVED AS TO FORM: APPROVED AS TO CONTENT: --Z U, qrntij Attorney Jo McGinley, Interim irector of Aviation IT15#206-03/13M.doc 29 ITB #206-03/13M, Landscape Maintenance Services at LIA - Anni tAl grin.nn SUBMIT TO: CITY OFK Y Y Resolution No. 2003—RO548 ' l CITY OF LUBBOCK, TEXAS PURCHASINGSING DEPARTMENT /� 1625 13TH STREET, RM L04 r LUBBOCK, TX 79401-3830 AN EQUAL OPPORTUNITY INVITATION TO B I D CONTACT PERSON: Bruce MacNair EMPLOYER #2Ob-O3/BM TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.Lubbock.tx.us TITLE: Landscape Maintenance Services at LIA - Annual Pricing SUBMITTAL DEADLINE: November 14, 2003 @ 1:00 P.M. PRE BID DATE, TIME AND LOCATION: November 5, 2003 Ca) 10:00 A.M., Any bids received after the time and date listed in the Lubbock International Airport, Ambassador Room, Lubbock, TX above, regardless of the mode of delivery, shalt be returned unopened. RESPONDENT NAME:K"_e!J / /,,, An 4--LM415@ M&ETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". MAILING ADDRESS: 5' �� • �� CITY - STATE - ZIP: Lk(6b©(k,Tk THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE 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 TELEPHONE NO: CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: n �a , ��-�„/ REQUEST PERMITS COMPETITIVE BIDS. ' IT IS THE BIDDER'S RESPONSIBILITY C� t TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS E-MAIL:��11 (e?-n tic — &!/�%L�-� n c./ OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1_ #2 �P #3 #4�_ #5_1� (Please Initial) The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or servicef the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any Icer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES l NO 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 DELIVER 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. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror wilt convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust taws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor. 1 Authorized Signature Title Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#206.03/BM.doc ITB #206-03/BM, Landscape Maintenance Services at LIA - Annual Pricing BID FORM Landscape Maintenance Services at LIA - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #206-03/BM In compliance with the Invitation to Bid #206-03/BM, 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. The Invitation to Bid #206-03/BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM SERVICE LOCATION 1. Landscape Maintenance for area covered under Exhibit A, as specified herein. 2. Landscape Maintenance for area covered under Exhibit B, as specified herein. 3. Landscape Maintenance for area covered under Exhibit C, as specified herein. '�j TOTAL BID (Total Annual Contract Price) 'PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO) Monthly Contract Rate Annual Contract I Rate S X 12 $ 0C) L u $ co X 12 $ 5oc3. oo S , iD X 12 S %a 5 Oct $ a0 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 Ow -51 %, net l�calendar days. Discounts will not be considered in determining law 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. 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 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 r� 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 ovemmentat entity will order their own materials/service as needed. THiS BID IS SUBMITTED BY I C�L Q uQ (.( a corporation organized under the laws of the State of / x , or a partnership consisting of or an individual trading as Address City:_ 2' of the City of Z-4(,bbyCk, ITB#206-03/BM.doc 2 ITB #206-03113M, Landscape Maintenance Services at LIA — Annual Pricing CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) —?e,v t 0 L' t I I'b n Ap-Q, Contractor ( rint) CONTRACTOR'S NAME: �—'Ct -7A, ,U (Print or Type) CONTRACTOR'S ADDRESS: 15a R. —uh 6dr- , 7( -74q11,9 Name of Agent/Broker: Address of Agent/Broker: Ci 1A IMML ,I ►10 �14 C— Mo Agent/Broker Telephone Number: Date: //-/0-0,3 N 7-4 Gni h h s 41/©/- 5,V Lu,bboc.L) (X Ivo NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 176#206-03/13M.doc 16 263 Ro_K,428 ITB #206-03/BM, Landscape Maintenance Services at LIA — Annual Pricing City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13u' Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits maybe rejected. Local Business Name: 0 Local Address (must be within the City limits): �� j ( -1 totkIs the above address the principal place of business for the business named above? i -e" 1. How many residents of the City of Lubbock are employed at the above business location? 2. Year your business was established in the City of Lubbock: a 0 0 -L.• 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: 3 - aOOC1 S- F7 -?7-8 C99pany Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of Texas? Yes �No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was theme local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? i Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year. Authorized Signature: fi,�-� Date: Printed Name and Title: �21AOa, e-) f _NOO ip ITB#206-03/BM.doc 26 3 - 5� ITB #206-03/BM, Landscape Maintenance Services at LIA — Annual Pricing CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY �- being first duly sworn, on his/her oath, says tha the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. LAAwt %- LAAdswe, N 0 FIRM SIGNATURE OF BIDDER 0LoA2r TITLE Subscribed and sworn to before me this _/ day of wo'► 'A. , 2003 Notary P blic in and for the State of Texas residing at ��a`,='=�'" SUE STEWART • MY COMMISSION EXPIRES June 26, 2007 NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL ITB#206.03/BM.doc 27