HomeMy WebLinkAboutResolution - 2015-R0153 - Contract - Ground Effects - Grounds Maintenance - 05/28/2015No. 2015-R0153
28, 2015
No. 6.11
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. 12309 for Grounds Maintenance at the
Southeast Water Reclamation Plant, by and between the City of Lubbock and Ground Effects,
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 on May 28, 2015
GLE . ROBWTSON, MAYOR
ATTEST:
Rebe ca Garza, City Secret
AS
P.E., [Arector of Public Works
APPROVED AS TO FORM:
Fab
: . , 97wPA&mey
RES.Contract-Ground Effects
4.27.15
Resolution No. 2015-R0153
Contract 12309
City of Lubbock, TX
Contract for Services
Grounds Maintenance at the Southeast Water Reclamation Plant
THIS CONTRACT made and entered into this 28`h day of May, 2015, by and between the City of
Lubbock ("City"), and Ground Effects, of Lubbock, TX, ("Contractor").
WHEREAS, the City of Lubbock duly advertised for bids for Grounds Maintenance at the
Southeast Water Reclamation Plant 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 Grounds Maintenance at the Southeast Water Reclamation Plant.
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 are attached
hereto and made part hereof, Contractor will deliver to the City, Grounds Maintenance at the
Southeast Water Reclamation Plant and more specifically referred to as items one through three
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 terns and conditions contained herein.
3. The Contractor shall perform the work according to the procedures outlined in the Bid Form
and Specifications attached hereto. 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
annual 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 determined
by actual need. The City of Lubbock does not guarantee any specific amount of compensation,
volume, minimum, or maximum amount of services under this bid and resulting contract.
4. This contract shall remain in effect until the expiration date, performance of services ordered,
or termination of by either party with a 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 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 Liability $1,000,000
Combined Single Limit
Any Auto
Workers Compensation Statutory Amounts
The City of Lubbock shall be named as additional insured on a primary and Non -Contributory
basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock
on all coverages. Copies of all endorsements are required.
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.
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. 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 term 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 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.
10. All funds for payment by the City under this contract are 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 under 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
goods or services covered by this contract is spent, whichever event occurs first. If at any time
funds are not appropriated for the continuance of this contract, cancellation shall be accepted
by the Seller on 30 days prior written notice, but failure to give 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
given, 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-
12309 -TF, 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 LIUBJIO
Gl . Rob n, Mayor
ATTEST:
Re cca Garza, City Secretalu
AS
Director
.E.,
APPROVED AS TO FORM:
Amy Si `
Depu City omey
CONTRACTOR
BY OUC,.►0 &Q�
Authorized Representative
Allen Mdntim, Ower
Print Name
PO Box 64771
Address
Lubbock. TX 79464
City, State, Zip Code
City of Lubbock, TX
ITB 15 -12309 -TF
Grounds Maintenance at the Southeast Water Reclamation Plant
Specifications
Class A Areas:
1.1 The landscaped area includes mowing near office building, shop and digesters (approximately 2
acres).
1.2 The landscaped area located outside the fenced area on the east side of Guava, south of the east
gate to the plant (approximately 1 acre).
Class B Areas:
1.1 The grass areas within the fence perimeter, excluding Class A areas (approximately 22 acres)
1.2 The grass area outside of the south fence from Plant #3 (approximately 6 acres)
1.3 The grass area outside the fence by Plant 3 aeration basins (approximately 0.5 acres).
Class C Areas:
1.1 All areas within the fence perimeter, excluding Class A and Class B areas (approximately 18
acres).
1.2 The three foot buffer extending outside the perimeter fence (not including item 1.3 under this
section)
1.3 The area bordered by the 37'h Street, the west gate, the main entrance gate and the south fence.
1.4 The 10 foot buffer around four vaults located across the creek from the Southeast Water
Reclamation Plant.
MAINTENANCE
Class A Maintenance Specifications
1.1 Total area to the serviced is approximately 3 acres. Contractor is responsible for safe and careful
operation of mowing equipment around trees, shrubs and structures to prevent damage.
1.2 Contractor shall provide a maintenance schedule to the Water Reclamation Plant within fifteen
(15) days from the date of Award of Contract and will notify the Maintenance Supervisor or his
Agent of any changes in the schedule prior to the schedule change.
1.3 Mowing frequency shall be once every ten- (10) days. Turf shall be cut at a height of 1-1/2", and
will increase to 2" beginning the I' of August through the remainder of the season. Clippings
shall not be bagged and all hardscapes shall be cleaned after each service. The mowers shall leave
no clumps or windrows of grass. Mowing equipment shall be turf type rotary mower and shall be
approved by the Water Utilities Maintenance Foreman at the Southeast Water Reclamation Plant
or his Agent.
1.5 Anticipated mowing frequencies:
January
0
July
February
0
August
March
1
September
April
2
October
May
3
November
June
3
December
1.6 All sidewalks, drainage channel edging and curbs shall be edged to a depth of one inch and all
debris from this activity shall be removed the same day that the task is performed. All edging shall
be performed concurrently with mowing at each site. String trimmer or curb dresser may be used
for these tasks. Chemical edging is not permitted.
1.7 All string trimming must be done to achieve a height uniform with the mowing height. Trimming
must be performed around trees, buildings, signs, fences and any other plants or structures. All
streets and areas must be kept free of grass, weeds and debris. This task must be completed the
same day the mowing is performed.
1.8 Chemical treatment for weed control and fertilizing shall be done as necessary to maintain a
healthy turf.
Class B Maintenance Specifications
1.1 Total area to be serviced is approximately 28.5 acres. Contractor is responsible for safe and
careful operation of mowing equipment around trees and structures to prevent damage.
1.2 The Water Utilities Maintenance Foreman at the Southeast Water Reclamation Plant or his Agent
shall determine mowing frequency. The Water Utilities Maintenance Supervisor or his Agent will
notify the contractor as needed to perform mowing services. The contractor will have three
business days to respond and perform the required services. Mowing shall be at six (6) inches and
include trimming around all objects and elimination of growth on any hardscapes including
adjacent public roadways. Mowing equipment shall be determined by site conditions and shall be
approved by the Water Utilities Maintenance Foreman at the Southeast Water Reclamation Plant
or his Agent.
1.3 All string trimming must be done to achieve a height uniform with the mowing height. Trimming
must be performed around trees, building, signs, fences, and 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.
Class C Maintenance Specifications
1.1 Total area to be serviced is approximately 18.5 acres. Contractor is responsible for safe and
careful operation of mowing equipment around trees and structures to prevent damage.
1.2 The Water Utilities Maintenance Foreman at the Southeast Water Reclamation Plant or his Agent
shall determine frequency of weed control. The Water Utilities Maintenance Supervisor or his
Agent will notify the contractor as needed to perform weed control services. The contractor will
have three business days to respond and perform services. Chemical treatment will be used to
control weeds in these areas. In the event that chemical treatment cannot be done, trimming will
be allowed until chemical treatment can be accomplished.
ADDITIONAL REQUIREMENTS
1.1 The decision to end the maintenance season shall be made by the Water Utilities Maintenance
Foreman at the Southeast Water Reclamation Plant or his Agent. The Contractor shall be notified
of the City's decision by letter.
1.2 Contractor will be responsible for any and all damages to vehicles, buildings, structures, sprinkler
system, and/or equipment at the Southeast Water Reclamation site. This includes glass breakage.
BID FORM
City of Lubbock, TX
ITB 15 -12309 -TF
Grounds Maintenance at the Southeast Water Reclamation Plant
In compliance with the Invitation to Bid 15 -12309 -TF, 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. 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 15.12309 -TF is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed
Unless otherwise specified herein, the City may award the bid either item-by—item or on an all -or -none basis for any
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for Grounds Maintenance at the Southeast Water Reclamation Plant with
one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting
multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to
make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City.
5 Pu.hnscMid Docs/fl-11 15 -12309 -TF, Gmunds Maintenance al the Southmsl Walc aeclamafion Plant
Annual
Appmx
Unit Cost
Extended
ITEM
Maimenartm
DESCRIPTION
Acreage
per Cycle
Cost
C CICS (+/-)
(+/-)
Class A- Areas and Properties: Area includes
mowing near office building, shop and
1.
18
digesters 2 acres. Approximately I acre is
3
$ 700.00
$ 12,600.00
located outside the fenced area on the SE side
of Guava. Approximate Acreage: 3 acres. Per
Specifications
Class B -The grass areas within the fence
perimeter, excluding Class A areas
(approximately 22 acres) The grass area
2.
3
outside of the south fence from Plant 93
28,5
$ 9a5.00
$ 2,655.00
(approximately 6 acres) The grass area
outside the fence by Plant 3 aeration basins
(approximately 0.5 acres). Approximate
Acreage 28.5 acres. Per Specifications
Class C -All areas within the fence perimeter,
excluding Class A and Class B areas
(approximately 18 acres). The three foot
buffer extending outside thexerimeter fence.
3.
3
The area bordered by the 37 Stree4 the west
18.5
$ 800.00
$ 2,400.00
gate, the main entrance gate and the south
fence. The 10 foot buffer around four vaults
located across the creek from the Southeast
Water Reclamation Plant. Approximate
Acreage 18.5 acres. Per Specifications
Total (Items 1-3)
$ 17.655.00
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed
Unless otherwise specified herein, the City may award the bid either item-by—item or on an all -or -none basis for any
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for Grounds Maintenance at the Southeast Water Reclamation Plant with
one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting
multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to
make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City.
5 Pu.hnscMid Docs/fl-11 15 -12309 -TF, Gmunds Maintenance al the Southmsl Walc aeclamafion Plant
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net —calendar days.
Discounts will not be considered in determining low 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 len 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 products/services; does not include
an element of profit on the sale in excess of that normally 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
prmduct(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 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 x 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 governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY Ground Effects a corporation organized under the laws of the State of
Texas , or a partnership consisting of
Ground Effects of the City of Lubbock, Texas
Firm- Grourd Effects
or individual trading as
State:_ Texas Zip79464
Bidder acknowledges receipt of the following addenda:
Addenda No. 1 Addenda No. Addenda No. _
Date 04117/2015 Date Date
M/WBE Firm:
S Purchuu/Oid Docs/rIE 15 -12309 -TF, Gmurds Maintciia= at the Suulhcast Water Reclamation Plant
4
Addenda No. _
Date
0912312015
A ulhorized Representative - must sign by hand
Officer Name and Title: Allen McIntire, Owner
Please Print
Business Telephone Number (606)470-0057 FAX: (896)3683179
E-mail Address: 9—deBectslubbock®yahoo.com
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/individual:
Date of Award by City Council (for bids over 850,000): Date P.OJContract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
S P=hasdaid Dms/rM 15 -121D9 -TF, Grounds Mann m at the Sautheast Wets Reclamation Plant