HomeMy WebLinkAboutResolution - 2009-R0108 - Contract - Cutting Edge Companies - LPSIA Landscape Maintenance Services - 03/23/2009Resolution No. 2009-RO108
March 23, 2009
Item leo. 5.9
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 Services at LPSIA — Annual Pricing as per ITB 09 -023 -FO, by and between
the City of Lubbock and Cutting Edge Companies 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 23rd day of March , 2009.
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Loomis, Assistant City Manager
ortation ciC Public Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwfccdoesrChadiReso➢utions/RES.Contract-Cutting Edge Companies
March 11, 2009
Resolution No. 2009-80108
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Landscape Maintenance Services at LPSIA—Annual Pricing
ITB #09-023-F'O
THIS CONTRACT, made and entered into this 23rd day of March 2009, pursuant to a
resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of
Lubbock ("City"), and Cutting Edge Companies ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Landscape Maintenance
Services at Lubbock Preston Smith International Airport and bids were received and duly opened
as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of
Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the
execution, in the name of the City of Lubbock a contract with said Contractor covering the
service of the said Landscape Maintenance Services.
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
specifications and bid are attached hereto and made part hereof, Contractor will provide
to the City the Landscape Maintenance Services specifically referred to as Item(s) No. 1
thru 8 and more particularly described in the bid submitted by the Contractor or in the
specifications attached hereto.
The contract shall be for a term of one year, said date of term beginning upon City
Council date of 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 for all items. If agreement cannot be reached, the contract is terminated at
the end of the current contract period.
3. 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 Contractor shall perform the work according to the procedure outlined in the
specifications and Invitation to Bid attached hereto and incorporated herein.
4. 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.
5. 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:
INSURANCE COVERAGE REQUIRED
The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and
their limits when deemed necessary and prudent by the City based upon changes in
statutory law, court decisions, or the claims history of the industry as well as the
Contractor.
Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the Contractor shall obtain and maintain in full force and effect
for the duration of this contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written by companies approved by the State of Texas and acceptable
to the City, in the following type(s) and amount(s):
TYPE AMOUNT
Commercial General Liability Per Occurrence: $500,000
General Aggregate
Products-Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Automotive Liability Any Auto: $500,000
Combined Single Limit
Bodily Injury (Per Person)
Bodily Injury (Per Accident)
Property Damage
Workers Compensation Statutory Amounts: $500,000
Employers' Liability
And/or
Occupational Medical & Disability
The City of Lubbock shall be named a primary additional insured with a waiver of
subrogation in favor of the City 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.
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.
6 . 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.
7 . This Contract consists of the following documents set forth herein; Invitation to Bid #09-
023 -FO, 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
e rr w
Tom Martin, N ayor
ATTEST:
,Q _ 9-v—
Rebe ca Garza, City Secretary
AS TO
amis, Transportation and Public Works
City Manager
q
AP OV AS TO RM:
Assi Cant City Attorney
CONTRACTOR
BY"`-'
Authorized Representative
,A 3 as 1 �
Address L. b t¢ 4-
ITB #09-023-F0, Addendum #1
Resolution No. 2009—ROIOB
REVISED -BID FORM
Landscape Maintenance Services at LPSIA—Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #09 -023 -FO
In compliance with the Invitation to Bid #09 -023 -FO, 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 #09 -023 -FO is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter,
Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial
formalities.
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 alter 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
09-023-FOAddend l .doc
Annual
Maintenance
Extended
ITEM
Maintenance
DESCRIPTION
Cycle Unit
Cost
Cycles
Cost
a.
(Approximately)
e.
e. = b x d
d.
b.
Grounds Maintenance for areas covered under
1,
29
Exhibit A, B and C. Maintenance to include
mowing, edging, and trimming. (As specified
$ 540
$ ! `�
(p
herein)
2.
12
—Won—ifiFy Cos,for Irrigation for areas covered
under Exhibit A, B and C. (As specified herein)
$
�!
`
Monthl Cost for Daily Litter Control for areas
Exhibit A, B and C. (As
D
3.
12
covered under
specified herein)
$
S Y,00
4
Flowering Pots and Beds. (As specified herein)
%a
$
$ 7.2
4 •
Z
5.
3
Weed & Pest Control for areas covered under
Exhibit A, B and C. (As specified herein)
$
$
3
ort izer or areas covered under Exhibit A, B
and C. (As specified herein)
$'} l?
3 7
$ $ 151.
6.
+!�
7.
1
Pruning for areas covered under Exhibit A, B
and C. (As specified herein)
$ -� Jr p
$
ptiona Bt Landscape Maintenance for area
$ -
24
covered under Exhibit D. Bi -Weekly
Maintenance. (As specified herein)
$ /�®
$336o
.33 6 O
Total nnuaContract Price
Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial
formalities.
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 alter 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
09-023-FOAddend l .doc
09 -023 -FO -Landscape Maintenance Services at LPSIA-Annual Pricing
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.
YES 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/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. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY (� E C (' j -k Ce 5 -rn (�_ a corporation organized under the
laws of the State of
or an individual trading as
or a partnership consisting of
of the City of
Firm: kY15C
Address: � 9D � -!l I q) +�
City: �-� t � �rl�-- State�� Zip � d�'�
MIWBE Woman Black American Native American
Firm:
Hispan
American
ific
Other
BY 0,,z- �,., .�� Date: Q
Authorized Representative -must sign by hand
Officer Name and Title: 11 ; 5l' Q e
Qp j ^�
Please Print r7 /
J 7
Business Telephone Number C� �' +s Y i O FAX:n U �� y �`
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB# 09 -023 -FO 10