HomeMy WebLinkAboutResolution - 2009-R0204 - Contract - Marian Moss Enterprises - Mowing Services - 05/28/2009Resolution No. 2009—RO204
May 28, 2009
Item No. 5.10
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, Contract No. 9015 for
Mowing Services for Water Facilities -Annual Pricing pursuant to Bid 09 -046 -FO, by and
between the City of Lubbock and Marian Moss Enterprises, 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 28th
ATTEST:
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
City Manager
APPROYkI) AS TO ORM:
Chad Weaver, Assistant City Attorney
day of May _'2009.
` lAs•`A4;07:_ -
TOM MARTIN, MAYOR
vw/ccdocs/Chad/Resolutions/RES.Contract-Marian Moss Enterprises
May 14, 2009
09 -046 -FO -Mowing Services for Water Facilities -Annual Pricing
CITY OF LUBBOCK Contract: 9015
CONTRACT FOR SERVICES Resolution No. 2009-80204
For
Mowing Services for Water Facilities—Annual Pricing
ITB #09 -046 -FO
THIS CONTRACT, made and entered into this 28th day of May , 2009, pursuant to a
resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Marian Moss Enterprises (Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Mowing Services for Water Facilities 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 Mowing Services for Water
Facilities.
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 Mowing Services for
Water Facilities specifically referred to as Item(s) No. l thru 4 and more particularly described in the
bid submitted by the Contractor or in the specifications attached hereto.
2. 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:
ITB# 09 -046 -FO 46
09 -046 -FO -Mowing Services for Water Facilities -Annual Pricing
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: $300,000
General Aggregate
Automotive Liability Any Auto: $100,000
Combined Single Limit
The City of Lubbockshall 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 #09-046-170,
General Conditions, Specifications, and the Bid Form.
ITB# 09 -046 -FO 47
09 -046 -FO -Mowing Services for Water Facilities -Annual Pricing
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
Toni Martin, Mayor
ATTEST:
Xn>���,
Rebe a Garza, City Secretary
APPROV
Assistant City Manager
APP V AST FORM:
Assistant City Attorney
CONTRACTOR
BY
Authorized Representative
501 East 42nd
Address Lubbock. TX 79404
ITB# 09046 -FO 48
ITB 409 -046 -FO. Addendum i
Resolution No. 2009--RO204
REVISED BID FORM
Mowing Services for Water Facilities --Annual Pricing
CITY OF LUBBOCK. TEXAS
iTB 409 -046 -FO
In compliance with the Invitation to Bid #09 -046 -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 909 -046 -FO is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
25
Unless otherwise specified herein the City may award the bid either item -by -item or on an all -or -none basis for an
item or group of items shown on the Bid Form.
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 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/seryices 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 prices) 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
{J9-tt4n4,0Addend I doe
AnnualExtended
Maintenance
Cost
Item
Maintenance
DESCRIPTION
Cycic Unit Cost
Cycles
n.
b.
C.
d.
e = b tr d
l .
Approximately
25
Contract I urt Maintenance for Class A Areas an
Properties consisting of approximately .82 acres,
S 55.00
$1375.00
asspecified herein.
Z.
pproxtmate y
20
Contract -Furt Maintenance for Class B Areas an
Properties Consisting of approximately 19.97
$ 755.00
S 1 4�99- 15,1
acres as specified herein.
;.
pproxtmate y
20
Contract Turf Maintenance or C lass C Areas an
Properties consisting of approximately 26.1 acres,
S1312.50
$ 26250.00
asspecified herein.
4.
Approximate I y
5
Contract Turf atntenanceor ass D Areas an
Properties consisting of approximately 159.6 $1800.00
$ 9000.00
acres ass ecified herein.
vera otf
5 51326.0951,7
Seller's
bid nrice MUST
INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of
Lubbock
25
Unless otherwise specified herein the City may award the bid either item -by -item or on an all -or -none basis for an
item or group of items shown on the Bid Form.
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 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/seryices 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 prices) 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
{J9-tt4n4,0Addend I doe
I'M N09 -046 -FO. Addendum # I
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 xXXXXXXXX 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 material slservices 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 Marian Moss Enter rises a corporation organized under the
laws of the State of Texas or a partnership consisting of
or an individual trading as of the City of Lubbock
Firm: Marian Mass Enter nses
Address: 50l East 42nd Street
City: Lubbock
M/WBE W
Firm:
Hi
e
By—7w
oman I I B
State: Texas Zip 19404
Amarirnn I I Native American
can IAsian Pacific
American
-Presentative - must .sign
Officer Name and Tide: Mike McDaniel Executive DimctoJ
I'leuse /'rirrl
Other(Specity
XXX Disabled persons
04-27-2009
Business Telephone Number 806-163-1856 FAX: 806-763-3504
LABELTHE Ot TSIDE OF YOUR SEALED BID WITH THE 1.1'B NUMBER, THE CLOSING DATE AND TIME,
AND 1 OUR COMPANY NAME AND ADDRESS.
119-0464OAddend I -dot 3