HomeMy WebLinkAboutResolution - 2013-R0364 - Contract - West Texas Services Inc.- Trees For Parks - 10/24/2013Resolution No. 2013-RO364
October Z4 -i--2013
Item No. 5.14
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, Contract No. 11553 for trees for parks,
by and between the City of Lubbock and West Texas Services, Inc. d/b/a Tom's Tree
Place, 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.
THAT, in reference to this purchase, the Council finds that this local bidder offers
the municipality the best combination of contract price and additional economic
development opportunities for the municipality created by the award of the contract to the
local bidder, including the employment of residents of the municipality and increased tax
revenues to the municipality.
Passed by the City Council on octo]aer 24, 2013
(Ipke. R6%fRTSON, MAYOR
ATTEST:
0, -a��
Reb cca Garza, City Secretary
AP EP AS TO CON NT:
Scott Snider, Assistant City Manager
Community Services
MAPE TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs: RES.Contract-Tom's Tree Place
October 11, 2013
Resolution No. 2013-RO364
City of Lubbock, TX
Contract For Services
Trees for Parks
CONTRACT 11553
THIS CONTRACT made and entered into this 24th day of October, 2013, by and between the City
of Lubbock ("City"), and West Texas Services, Inc. dba Tom's Tree Place, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Trees for Parks 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 trees for parks.
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
hereto and made part hereof, Contractor
specifically referred to as Exhibit A c
specifications attached hereto.
and Contractor's bid, copies of which are attached
will deliver to the City, Trees for Parks and more
z the bid submitted by the Contractor or in the
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.
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. The City does
not guarantee any specific amount of compensation, volume, minimum or maximum amount of
services under this contract.
4. 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 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 500,000
General Aggregate
Automotive Liability 500,000
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 General Liability, with a waiver of subrogation in favor of the City of Lubbock on all
coverages. All copies of the Certificates of Insurance shall reference the project name or bid
number for which the insurance is being supplied. 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. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13-
11465 -TL, 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
-'-g4u, e;1'
Glen C.ertson, Mayor
ATTEST:
Reb cca Garza, City Secretary
APPROVEP. AS Tq CONT T:
:5adt<� (M
Scott Snider, Assistant City Manager
APP ED S TO FORM:
Assistant City Attorney
CON IZiIC 1'0
BY_(�,._ u,-, 01
Authorized cre cntative
Print Name /
5-04-34A
Address
L az�- Id
City, State, Zip Code
City of Lubbock, TX
West Texas Services, Inc dba Tom's Tree Place
hX lbit A
ITB 13 -11465 -TL
Trees for Parks
Item Qty U/M DescriptionNendor Unit Price 1-15
3 100 EA Pinus Eldarica Elderica Pine 91
100 EA Pinus Edulis Pinyon Pine 132
l^`.ILY U1 L.U000CK9 12%,
Parks and Recreation Department
Specifications
1. General
1.1 Scope of Work
A. To furnish trees on an annual basis as needed for parkland properties as
specified.
2. Quality Assurance
2.1 Qualifications of Bidder
A. Bidder to have minimum of three years experience of supplying trees of similar
characteristics and size.
B. Bidder to furnish, at Owner's request, references of quality of trees for
determination of ability of Bidder to supply plant materials as required.
2.2 Quality of Trees
A. All trees not otherwise specified in this document shall conform to ANSI Z60.1
1990.
B. Trees to be true to scientific and common name variety as specified.
C. Trees to be sound, healthy, vigorous, well branched, densely foliated (when in
leaf), and have healthy, unbroken, well developed root systems.
D. Trees shall be free from disease, insects, and defects such as knots, sun scald,
windburn, injuries, abrasions, or disfigurement.
E. All trees shall have straight trunks, unless specified otherwise, and canopy
branches to begin no lower than four feet in height. Evergreen conifers are
excluded.
F. Container grown trees shall have a compact root system. Fibrous roots shall be
well developed so that the root mass will retain its shape and hold together when
removed from the container. They shall fill the specified container, but shall
show no evidence of being or having been root bound. Trees recently collected
from native sites to be seasoned for a period of one year. Trees recently
collected from the wild or balled and potted plants are not acceptable.
G. Trees shall be grown in and/or conditioned to climatic conditions similar to
those of the planting site.
Q: Purchase/Bid Docs/ITB 13 -11465 -TL, Trees for Parks
28
H. AA;"imiir Tree T"i"IC C�l.per/Root —nine D.:::e::..on-.
Shade/DeciduousBroadleaf Evergreen
2" - 2 1/2" caliper - 30 gal. container or 24"x15" ball minimum.
Coniferous Evergreens
7ft to 8ft. height - 20 gal. container or 27"x18" deep ball minimum.
All trees shall be single trunk.
2.3 Measurement of Deciduous and Broadleaf Evergreen Trees
A. Deciduous trees shall be measured in units of average height in feet and by
average caliper.
B. Deciduous trees below four inch caliper to be measured six inches above ground
level. If caliper is greater than four inches, measurements to be taken twelve
inches above ground level.
C. Trees delivered in response to this bid shall, in the aggregate, average the
minimum caliper specified on the Bid Sheet. No trees with a caliper 1/2 inch
less than the specified minimum shall be accepted.
2.4 Measurement of Coniferous Evergreen Trees.
A. Evergreen trees to be measured in units of average height in feet.
B. Evergreen trees to be free from bud tip damage.
3. Product Delivery, Inspection, Storage, and Handling
3.1 Delivery — owner's option
A. Trees may be delivered to the owner at the Central Shop Maintenance Facility,
1912 Erskine, Lubbock, Texas 79415; they may be made available at the
vendor's place of business in Lubbock or delivered to the location to be planted
for the City of Lubbock.
B. Protect all material during delivery prevent damage to foliage.
3.2 Inspection
A. The owner shall reserve the right to inspect all trees before and/or after it has
been removed from truck.
B. Owner shall reject any damaged, diseased, or other trees, which does not
conform to specifications.
C. It shall be the Vendor's responsibility to replace any nonconforming trees with
conforming materials at no expense to the owner.
Q: Purchase/Bid Docs/ITB 13 -11465 -TL, Trees for Parks
29
J.J ULVICLS�
A. Protect all roots of tree from desiccation or other possible injury.
B. Take necessary precautions to protect in adverse weather.
C. Branches shall be protected from wind or other possible damage.
3.4 Handling
A. Do not damage trunk or crown of plant material.
B. Trees shall not be picked up or moved by the trunks, branches, stems, or foliage,
and shall instead be lifted by the container or root ball.
C. Any material damaged in way described in this subsection shall be replaced at
Bidders expense.
4. Warranty
4.1 Tree supplier shall guarantee all trees to be in excellent condition when accepted by
owner. All defective or dead plant material shall be replaced at tree supplier's expense.
Supplier shall guarantee tree to produce a full set of leaves throughout the branch
structure.
5. Payment
5.1 Payment will be made by Credit Card, Direct Payment Request or Purchase Order,
whichever is most advantageous to owner.
Q: Purchase/Bid Docs/ITB 13 -11465 -TL, Trees for Parks
End of Section
30
Perm
Trees for Parks
City of Lubbock, TX
ITB No. 13 -11465 -TL
In compliance with the Invitation to Bid 13 -11465 -TL, 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 13 -11465 -TL is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
ITEM
QTY
UNIT OF
MF:ASUK
DESCRIPTION
UNIT PRICE o
UNIT PRICE
DELIVERY
(+-)
'
I -IS
16 OR MORE
DAYS ARO**
I.
60
EA
Carya Illinoinensis Choctaw
$
$
Pecan or Equivalent —No Native
- - - -
- - - -
- - - -
Pecans, 2-2 '/2 in. Caliper
2.
40
EA
Jeniperus Chinenis Keteleeri, 7ft to
8fttall
----
----
----
3.
100
EA
Pinus Eldarica Elderica Pine,7ft to
8 ft tall
90.50
---9 a:--S-G ------------
2-8 -------------
4.
40
EA
Malus Radiant Crabapple, 2-2
------
---17872-.-2-57 -----
----I).Q------------
in. Caliper
5.
40
EA
Koelreuteria Paniculata Golden
-------
---ifl�--{sf}----
----2�f3------------
Rain Tree, 2-2 1/2 in. Caliper
6.
40
EA
Pistacia Chinensis Chinese
Pistache, 2-2 %Z in. Caliper
----ZBb---�'------
--���-�'------
----2U---___------
7.
100
EA
Pinus Edulis Pinyon Pine, 7ft to 8
ft tall
132.30
---i 32-.- 3fi-----
20
8.
60
EA
Quercus Macrocarpa Bur Oak, 2-2
'/2 in. caliper
------ Q :_��______
__-Yt?b-.'�- -----------2II"---------'
9.
60
EA
Quercus Texana Red Oak, 2-2 '/z
in. Caliper
--- }tea _� -----------
1-6-o-.65----
----2D----------
10.
60
EA
Quercus Virginiana var
`Fusiformis' Live Oak, 2-2 '/z in.
- - - -
- - - -
- - - -
Caliper
11.
60
EA.
Ulmus Parvifolia Lacebark Elm 2-
21/2 in. Caliper
-----i Efl-.-{, 5------
---i fsfl-: ----
-----�{}------------
12.
60
EA.
Ulmus Crassifolial Cedar Elm 2-2
'/z in. Caliper
----t��:'f s------
---ifsfi-.-� g----
----2{J------------
13.
40
EA.
Taxodium Distichum Bald
-----Y3� :'fTfl------
---}3'-:-F}E3----
----�f}-----------
Cypress, 2-2 1/2 in. Caliper
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
Q: Purchase/Bid DocslTB 13-11465-rL, Trees for Parks
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
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 Trees for Parks Annual Pricing 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.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of O %, netalendar 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 ten 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
product(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.
YESNO
• 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/seryices 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. Eachgovernmental entity will order their own materials/service as needed.
1,JeS�"�S
THIS BID IS SUBMITTED BY �T,"Q_ a corporation organized under the laws of the State of
TQ—SLC -S , or a partnership consisting of lei / or individual trading as
N l P of the City of
Firm: Wes+ 764" 1 Cec oc:r eS ,-J_4qL bg C]l —Fom'S 7re-e- p[acv_
City:
Q Purchase/Did Docs/ITB 13-1 IA65-TI-, 1ees for Parks
State: zip �� T
Bidder acknowledges receipt of the following addenda:
Addenda No. 1
Date 8f 114 Iii
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M/WBE Firm:
Woman Black American Native American
Hispanic American Asian Pacific Americi I Other (Specify)
�' A C)
BY h�2 �
Authorized Representative - mast sign by hand
Officer Name and Title:
Please Print Qnj �/ a Q
Business Telephone Number. C3l/la �� t -I �� �� 1 FAX: OO�p'�
E-mail Address: Cd ey-s w ' Vrns�treg Y Lace, gzry,-�
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50,000): Date P.O./Contract 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.
Q: Purchase/Bid Docs/in 13-11465-11, Trees for Parks