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HomeMy WebLinkAboutResolution - 2007-R0515 - Contract - Sterling Company - North Point PID Landscape Maintenance - 11/08/2007Resolution No. 2007-RO515 November 8, 2007 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract per BID #07 -087 -MA by and between the City of Lubbock and Sterling Company of Lubbock, Texas, for North Point PID Landscape ROW Maintenance, which Contract and any associated documents are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 8th day of ATTEST: Reb ca Garza, City Secretary November ,2007. DAVID A. M LER, MAYOR APPRPVEP AS TO CONTENT: Robson Assistant City Manager/Business Development (APPROVED AS TO FORM: Vandive`i,'t ttornev of Counsel DDres/Sterting-RO Wmaint07ConRes October 25, 2007 Resolution No. 2007-80515 CITY OF LUBBOCK CONTRACT FOR SERVICES For North Point PID Landscape R.O.W. Maintenance Bid No. 07 -087 -MA THIS CONTRACT, made and entered into this 8th day of November, 2007, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Sterling Company, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for the North Point Right -of -Way landscape maintenance 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 purchase and delivery of the said North Point Right -of -Way landscape maintenance. 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: 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 deliver to the City the North Point Right -of -Way landscape maintenance specifically referred to as Item(s) No. One through Nine 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 City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The term of the contract shall be for a period of three (3) years, unless terminated or extended for an additional two years with written notice. 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. 07-087-MA.doc 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: Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this 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 Accident 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 (public) Liability — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: Products and completed operations Personal Injury and Advertising Injury Contractual Liability General Liability is required to name the City of Lubbock as additional insured on primary and non-contributory basis. Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $300,000 per occurrence, and include coverage for, but not limited to the following: Any Auto 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. 07-087-MA.doc 7. This Contract consists of the following documents set forth herein; Invitation to Bid 4074087 - MA, 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 David A. Miller, Mayor ATTEST: �R 12-0—�� -- C Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 0 Rob Allison s a eager Business bevelopment Services APPROVED AS TO FORM: <11 07.087-MA.doc AddressLUU30'e— TX SUBMIT TO: t Y t o CITY OF LUBBOCK Purchasing & Contract Management a - CITY OF LUBBOCK, TEXAS 1625 IP Street, Rm 204 Lubbock, Tx 7940 1-3 830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY EMPLOYER #07 -087 -MA TEL: 806.773.2167 FAX: 806.77.5.2164 http:/Ipurchasing.ci.lubbmk.tx.us TITLE: SUBMITTAL DEADLINE. North Point PID Landscape R.O.W. Maintenance October 10, 2007,3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: Any bids received after the rine and dare lisred above, regordlem of rAe mode of d4vtry, shall be returned unopened RESPONDENT NAME: —ron y i -c LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE TIB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — 5TATE —ZIP: L 0C.k_ f t THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT LC ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CI'T'Y TELEPHONE N?,,, _ RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: C b VU e`er REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: LtC� cJT% Co Q — n(i ( MANAGER IF ANY LANGUAGE REQUIREMENTS, ETC,, OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH 1 WRITINGCATION MUST BE SUBMITTED IN 5) C� f 6,',1 � L Z 1 RECEIVED VED BY THE PURCHASING MANAGER NO LATER THAN FIVE T [ BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of my supplies, equipment, material of articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES_ NO IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders tin payment to the vendor. Authorized tg re I Tide A /Qll�o% Printrtf N Nat a Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 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 property authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 741, Govcmment 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 Freaship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkansa Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolflorth. 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/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 SUBMf1TED BY corporation organized under the laws of the State of . or a partnership consisting of or an individual trading as oy F!`ye1 of the City of L oLfC— ! r Firm: � T`6—Li_0c ( n/h.�(�ntt i t19 City: LGdc ! Stale: Zipt1` MIW HE Firm: Woman Black American I Native American Hispanic American Asian Pacific American I I Other (Soecifv) By Date: /q// ALthotied Representative - must sign by hand Officer Name and Title: Please Print Business Telephone Number � ' � � D <VL VISV3 3 VOLS FAX: r —,Ls> / " 1.0 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITIR NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ** BID FORM ** North Point PID Landscape I.O.W. Maintenance CITY OF LUBBOCK, TEXAS ITB #07 -087 -MA In compliance with the Invitation to Bid #07 -087 -Ma, 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 #07 -087 -Ma is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT Qty Description UIM EXTENDED (approximatety) UNIT COST COST (Annual) Turf Maintenance as per 91,000 (square 29 Cycles Section 1.0 feet) App roximatei Extra Cycle $ oQ Fertilizer as per Section 1.5 3 (applications) Per Application EA $ 00 $ _1D © Extra Work Hourly must include chemical $ Pre -Emergent as per Section �O 1.6 3 a lication Per Application EA $ r $ 'V5 Extra Work Hourly (must include chemical . ov Post -Emergent as per Section 1.6 3 (application) Per Application EA Is � 00 $ P5_00 Extra Work Hourly must include chemical 6" .,3Cb Insecticide as per Section 1.7 I (application) Per Application EA $ $ Extra Work Hourly must include chemical $ vQ Tree Maintenance as per $4 Per Tree EA $ $ co Section 2.0 Cedar Elm - Tree Maintenance as per 39 Per Tree EA Section 2.0 Mondell Pine © atm Rotational Plant Bid Section 2.9 Twice a year Rotation of Plant beds EA $ t $ �O 00 Irrigation Maintenance as per Chart Attached Cost per Zone EA $ $, J 00 / Section 3.0 - Extra Work (per hour) Materials Cost, Percent Discount from Manufactures Price List % 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/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 CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY L SIA) / Fe being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantai¢e over any other bidder or bidders. TITLE Subscribed sworn to before me this ��day of , No blit in an or the S LAURA ANGERER Notarof Texas siding at COM AMOA E stale Tool 9-29-20/% !�y CommiesianPe NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 07-0817-MA.doc City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal Property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder, or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 162513 1h Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits mayherejected. � Local Rnsinmz Name: r`LlV� l%6mr L Local Address (must be within the City limits): 6t"06k �� Address of the company's principal place of business within the United States: I. How many residents of the City of Lubbock are employed at the above business location?_ 2. Year your business was established in the City of Lubbock: For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: �� d Company Name and Address (as it appears on permit): J -ron L Frv,,P- 2 4. Does your business have more than one office in the State of Texas? Yes / No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was local business required to pay business and/or real property tax for the most recent talc year? Yes No If Yes, did the local business pay any of this taxx to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct_ It is further acknowledged that any person, firm, corporation or entity intentionally miffing false info atio to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and cervi a period of one ) ye /r Authorized Sign Date: (/ Printed Name and Title: Qn v w? r' 07-087-MA.doc Lr/ -F SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: afr -- t 1')-) G Signature of Company Official: Date Signed: /0/ / K/ 0 Printed name of company official signing above: 07-087-MA.doc CITY OF LUBBOCK PROPOSED EQUIPMENT FOR CONTRACT TURF MAINTENANCE OTY- USAGE 0�,(.e- Cow �'- c2 L� �Rnq �rrE?_�,"r►���r 31 MAKE AND MODEL �a_ta ll 7zo 11 IM Ydq Zoo Ire �sS'`,d�,�--- k4& _ . CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. ontract r (S' ature) Contractor ( rint) CONTRACTOR'S NAME: CONTRACTOR'S ADDRESS: C� It 4 F lb e Name of Agent/Broker: Address of AgentBroker: City/State/Zip: /4(O/e,'_���; �7.� Agent/Broker Telephone Number: (��) fC�r✓p Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at ($06) 775-2165.