HomeMy WebLinkAboutResolution - 2009-R0492 - Contract - TFR Enterprises - Wood Grinding Services - 11/05/2009Resolution No. 2009-80492
November 5, 2009
Item No. 5.20
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. 9249 for wood
grinding services at the landfill per ITB 09 -084 -FO, by and between the City of Lubbock
and T.F.R. Enterprises of Leander, 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 5th
ATTEST:
Rebecc Garza, City Secretary
F
VED AS TO CONTENT:
Assistant City Manager
& Public Works
APPROVED. AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-T.F.R. Enterprises
October 20, 2009
day of November '2009.
TOM MARTIN, MAYOR
09 -084 -FO -Wood Grinding Services
Resolution No. 2009—RO492
CITY OF LUBBOCK
CONTRACT FOR SERVICES
Wood Grinding Services
ITB #09 -084 -FO
Contract 9249
THIS CONTRACT, made and entered into this 5"' day of November 2009, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and T.F.R. Enterprises
("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Wood Grinding Services 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 Wood Grinding 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 Wood Grinding
Services specifically referred to as Items) No. 1, 2 and more particularly described in 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 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.
3. 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.
4. 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
ITB# 09 -084 -FO 23
09 -084 -FO -Wood Grinding Services
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
Worker's Compensation: The Contractor shall elect to obtain workers compensation coverage
pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage
throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor
Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation
insurance coverage by Contractor or any cancellation or non -renewal of worker's compensation
insurance coverage for the Contractor shall be a material breach of this Contract." The Contractor may
maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either
event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF
LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers'
Liability in an amount no less than $500,000.
Commercial General Liability Per Occurrence: $500,000
General Aggregate
Products-Comp/Op AGG
Personal & Adv. Injury
Fire Damage $50,000
Automotive Liabilitv Any Auto: $500,000
Combined Single Limit
The City, of Lubbock shall be named a primary additional insured with a waiver of subrogation in
favor of the City on all coverage's. 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.
5. 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.
6. This Contract consists of the following documents set forth herein; Invitation to Bid 409 -084 -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.
iTa# 09 -084 -FO 24
CITY OF LUBBOCK
Tom Martin, Mayor
09 -084 -FO -Wood Grinding Services
CONTRACTOR
BY
Authorized Representative
ATTEST: l Zf oz� Yf
Address
s Zi - ! 2-rJ
Rebec ' Garza, City Secretary
A�IJOVED AS fTO ONTENT:
�r -
am s Loomis, Transportation and Public Works Assistant City Manager
APPR6V . ASS fO FORM:
AI—
Assistant City Attorney
ITB# 09 -084 -FO 25
ITB #09 -084 -FO, Addendum #t
Resolution No. 2009—RO492
Wood Grinding Services
CITY OF LUBBOCY, TEXAS
ITB #09 -084 -FO
In compliance with the Invitation to Bid #09 -084 -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 -084 -FO is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
UNIT OF I Lump Sum
ITEM QTY MEASURE DESCRIPTION Cost
Lumu Sum
LS* Grindin of wood type materials at the Lubbock
Landfill, in accordance with attached ,-y�}
87,500 cubic specificakions, to produce a finished product size S �� � qW . 00
yard (+� _) at is uniformly graded and passes through a 2 -
inch x 2 -inch screen.
LS* Optional Bid -Grinding of wood type materials
at Meadow Brook Golf Course, in accordance �r�,
5,800 cubic with attached specifications, to produce a S i0l 1.��`� . oD
yards finished product size that is uniformly graded
and naases throuLyh a 2 -inch x 2 -inch screen.
F.O.B. Destinations, Freight Pre -Paid and Allowed.
Contractors are urged to visit the City of Lubbock Landfill and Golf Course to inspect the material to be ground.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of Off-- %, net _ calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terns 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 producWservices; 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 terns, 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 Age , Lynn County, and City of Wolfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
09-084-FOAddendl .doc
ITB 409 -084 -FO. Addendum #I
• 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 1S SUBMITTED BY II� enic'1 —15� a corporation organized under the
laws of the State of �j?I'l&5S[ ja, , or a partnership consisting of
or an individual trading as
of the City of
Firm: -rnz- 65 -es C
Address: LOC 4ri � `/ gyp/ I
City: c State: Zip ' IDC114
M/W BE
Firm:
Woman Black American Native American
Hispanic American Asian Pacific Other (Specify)
American
By Date:
Authoorrized Representative - must sign by hand
Officer Name and Title: 1 1.01c1i t (..(J[ a -Pawl &2-t
I Please
Print j
Business Telephone Number 53�2�o FAX: ola— ILI
s LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
09-084-FOAddend l.doc