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HomeMy WebLinkAboutResolution - 2017-R0238 - Hardy Trees - 07/13/2017Resolution No.2017-R0238 Item No.6.10 July 13, 2017 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 behalfof the City of Lubbock,Service Contract No.13499,for landscape maintenance services at the Lubbock Preston Smith International Airport,byand between the City of Lubbock and Hardy Trees,Inc., and related documents.Said Service 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 on July 13,2017 DANIEL M.POPE,MAYOR ATTEST: Reblcca Garza,City Secretary APPROVED AS TO CONTE tchell SatterWkfte,hirst Assistant City Attorney vw:ccdocs/RES.Contract-Hardy Trees,Inc. June 21,2017 Resolution No. 2017-RO238 Contract 13499 City of Lubbock, TX Contract for Services Landscape Maintenance Services at LPSIA THIS CONTRACT made and entered into this 13th day of July, 2017, by and between the City of Lubbock ("City"), and Hardy Trees, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for landscape maintenance services at LPSIA 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 landscape maintenance services at LPSIA. 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 are attached hereto and made part hereof, Contractor will deliver to the City, fertilization for various parkland properties and more specifically referred to as Items 1 thru 7 on 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 contract shall be for a term of 3 years, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 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 1,000,000 Commercial General Liability General Aggregate Products-Comp/Op AGG Contractual Liability Automotive Liability 1,000,000 Any Auto Pollution 1,000,000 Workers Compensation Statutory Amounts Or Occupational Medical and Disability Employer's Liability 500,000 The City of Lubbock shall be named as additional insured on a primary and non-contributory basis on auto/general liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. 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. 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. All funds for payment by the city under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the city of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract insurance requirements 12. This Contract consists of the following documents set forth herein; Invitation to Bid 16-12761-KK, 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 LU OCK ul�.'� 4y--- Daniel M. Pope, Mayor ATTEST: Re4ca Garza, City Secretar CONT O BY , I Authorized Representative /74/W'K Print Name Address APPROVED AS TO CON ENT: City, State, Zip Code r'Kelly Campbell, Executive Director of Aviation y Attorney City of Lubbock Bid ITB 16-12761-KK BID FORM Landscape Maintenance Services at LPSIA City of Lubbock, TX ITB 16-12761-KK In compliance with the Invitation to Bid 16-12761-KK, 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 16-12761-KK is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM Annual Maintenance DESCRIPTION Maintenance Cycle Unit Cost Extended Cost Cycles a. (Approx.) a d e- = b x d b, 1 29 Grounds Maintenance for areas covered under x t tt A B and C & D. Maintenance to include mowing, edging, and trimming. (As specified herein) I Q cc L,t DQ / Monthly Cost for Litter Control for areas covered under 2. 12 Exhibit A, B, C, D, & West Side Area (As specified herein) d.11-- , � r o l 00. 3. 4 Flowering Beds. (As specified herein) _ 10 C -�` �j 00 --�� Weed & Pest Control for areas covered under Exhibit A, 4. 3 B, C & D. (As specified herein) 6 00 O D QO P'a- Fertilizer for areas covered under Exhibit A, B, C & D. 5. 3 (As specified herein) 600 ° goo= Pruning for areas covered under Exhibit A, B, C & D. 6. 1 (As specified herein) o^'O oGr V O� .2 000 7 26 est e: an scape aintenance or area covere under Exhibit C. Bi-Weekly Maintenance. (As specified a e. herein) �l G --- f a Total Annual Contract Price S 76 /_' /?7/til 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 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 —6/a, netffi-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. S. Purchase/Bid Docs/rrB 16-12761-KK Landscape Maintenance Services at LPSIA 4 i> 3/4l2016 12:42 PM P. 6 City of Lubbock Bid ITB 16-12761-KK 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. YESy' 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 govemmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY C, rg Tce corporation organized under the laws of the State of _ _t?1ZS . or a partnership consisting of or individual trading as of the City of Lc�b 4 r r /f Firm: City: L e A A A r_ k State: T-PX u S _ Zip 7C1 e 3 Bidder acknowledges receipt of the following addenda: Addenda No. x Date,/2j/6 Addenda No. Date M/WBE Firm: Woman Black American Native American Hispanic AmerjTT Asian Pacific America Other (S eci ) By I Authorized Represe tip st sign by hand S: Purchase/Bid Docs/rM 16-12761•KK Landscape Maintenance Services at LPSIA 5 3/4/2016 12:42 PM p. 7 City of Lubbock Bid ITS 16-12761-KK Officer Name and Title: l . ha, Please Print Business Telephone Number 0 In — �/�) 4L,3 6— 9 FAX: E-mail Address: hu���f �i'�FS �`�! gQkoo 'Cokl FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named FirmAndividual: Date of Award by City Council (for bids over $50,000): Date P.OJContract issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. S Purchase/$id Docs/ITB 16-12761-KK Landscape Maintenance Suviccs at t.PSIA 6 3/4/2016 12:42 PM P. 8 I�T.'T� C City of Lubbock, TX ITB 16-12761-KK Landscape Maintenance Services at USIA Specifications MAINTENANCE STANDARDS General: The Owner's Representative will inform the contractor when to commence maintenance activities. The decision to end the maintenance season shall be made by the Owner's Representative. The Contractor shall be notified of the City's decision by letter or email. The designated Owner's Representative for contract oversight and coordination is the Airfield Maintenance Supervisor. The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending 2 feet from back of curb into all streets. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clipping from contaminating plant beds. Contractor shall provide all equipment, trained personnel, and materials for the performance of this contract. This includes but is not limited to vehicles, mowers, edgers, cutters, clippers, hose, irrigation equipment (fixed & portable), plants, fertilizer, sprays, etc. Contractor shall be responsible for any damage resulting from his work. This might include vehicle damage (such as damaged glass or paint) from thrown rocks, damage to airport terminal building window glass or damage to vegetation (trees, plans, shrubs) that is damaged during the performance of this contract. Mowing: The Owner's Representative will inform the contractor when to commence mowing activities for the season. The mowing frequency is the same day every week. Turf shall be cut at a height of 1 1/2", and will increase to 2" at the discretion of the Owner's Representative and last through the remainder of the season. Clippings will not be bagged, and all hardscapes shall be cleaned after each mowing. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and shall be approved by the Owner's Representative. Mowing Schedules: The Contractor shall furnish the Owner's representative a mowing schedule 5 working days prior to the start of every month. A copy shall be faxed or e-mailed to the Airfield Maintenance department. Identified properties shall be mowed in the order they are listed on the monthly schedule, unless prior notice is given before the start of the working day. Litter Control: Litter will be picked up by 10:00 a.m. daily, Monday - Saturday; holidays are excluded. Note: The operator of the paid parking lot and parking structure is responsible for litter control in those areas. In the west side area, generally adjacent to Cedar Street, litter control will be performed bi-weekly (every other week). Edging: All sidewalks, curbed plant material beds, shall be edged to a depth of one inch and all non -curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmer or curb dresser may not be used for these tasks. Chemical edging is not permitted. REVISED Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All trimming will be accomplished so as not to damage trees, shrubs, window glass, etc. All surfaces, streets, and parking areas must be kept free of grass, weeds, and debris. This task must be completed within 24 hours of mowing. Flowering Plants & Beds: Flower beds around airport signage at the main airport entrance sign at Regis and MLK will be planted with plants that provide a colorful and attractive appearance. The Owner's Representative will pre -approve planting materials with the Contractor prior to planting. This appearance can be provided by a single variety or multiple varieties. These beds will be planted as frequently as necessary, but not less than four times a year to ensure a full appearance. The contractor will ensure that all plants are healthy and that unhealthy plants are removed and replaced within 24 hours of identification. Responsibility for other required maintenance of all beds will also rest with the contractor. Irri ate It will be the Contractor's responsibility to repair any damage to the irrigation system caused by Contractor's activities, such as damage by mowers. It will be the Contractor's responsibility to ensure that all turf, foliage, and plants are adequately irrigated by either automated systems or by hand. Changes to the irrigation system will be coordinated between the contractor and the Department of Aviation. All operational problems with the irrigation system will be promptly reported to the Owner's Representative. Pruning: The contractor will maintain all foliage, trees, shrubs, and plants that require pruning. Pruning will be at a minimum of one time per year, as appropriate for the plant type. Pruning will be coordinated in advance with the Owner's Representative. CONTRACT ADMINISTRATION Contractor Contact: The contractor and or contractor appointee shall be accessible via cell phone, pager or any other means of communication during regular business hours. Those numbers shall be furnished to the Airfield Maintenance Supervisor. Payment: The Contractor shall receive compensation provided for in the contract on a per cycle basis. Payment shall be made at the first of each month based on the previous month's completed cycles for each maintenance area. Contract Term: 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 three (3) additional one-year periods. EXHIBITS A, B, C, D & WEST SIDE AREA General Grounds Maintenance: The contractor shall maintain all grounds identified in Exhibits A, B, C, D & West Side Area. These areas will be maintained free of litter, irrigated, mowed, edged and have applied as required weed and pest control. No litter, weeds, or other materials will be thrown over the airfield perimeter fence. Foliage in these areas will be maintained with a preventative maintenance program of weed and pest control with applications at a minimum of three times per year. Foliage in these areas will be fertilized as required (minimum of three times per year). REVISED Exhibit A Area: The parking lot operator is responsible for litter control in the paid parking lot and the parking structure. Exhibit B Area: During the term of the contract the Department of Aviation may add additional plantings, shrubs, or trees along MLK. Exhibit C Area: The area immediately in front of the former Flight Standards District Office (FSDO) area of the old terminal building is included in this contract. The trees and turf along Independence Street (west of Cedar Street), including the median, are included in this contract. Exhibit D Area: Shelter Park — All turf and trees maintained as Exhibit A & B areas. Litter control included. West Side Area - Description: The western fence perimeter beginning at the north-west corner of the Armed Services Center (Armory) at Regis and Cedar Street and proceeding north along the east side of Cedar Street to the south-west corner of the FedEx facility. The cross -hatched area marked `D' on the attached drawing delineates the area in front of the Silent Wings Museum. The West Side area also includes the public side of the Hangar 20 area. West Side Area - Special Conditions: In the West Side area only, mowing/trimming will be performed on a minimum bi-weekly (every other week) basis, unless the Airfield Maintenance Supervisor approves a less frequent schedule due to weather or insufficient growth conditions. Litter control will be performed bi-weekly (every other week). Payment: The Contractor shall receive compensation provided for in the contract on a per cycle basis. Payment shall be made at the end of each month on completed cycles for each maintenance group. REVISED FREIGHT RD. ............ . -- EMPLOYEE - / TER. PARIONG _ _ /!// uu _ 1 I 1 1 11 1111t ' Q •' '•'•' Mill I III 1 111 I = 1 1 1 ill - - - - - � +� ". IIII •.•_._•_.. .D III v iiEYR rt � • . I I 1 - III111111111111 HHHHHHHHH11111111111HHHHHHHHHHULL _ . . _ Lubbock International Airport Landscape Maintenance Services Exhibit A Contractor shall pick up all trash along the sidewalk . in front of the terminal J \mmom�oa�m000E�oo"oo� m 00000000000000000000 .... . .r..,�...... .................................. ....... ....... . ............. MLK Blvd. REVISED # _ Lubbock IntemaCallal mp(!el LQrsdscaN i°&t,^ncricc ScNces i CxNbil C v i 0 atop 1 gooft w mi.K . dhla/ l 1w lMbjmQ iwuklti 1i1C0 "-of luw.*it pp&" *.1 r. OOAPWT W W cc ►.r w 71 ! - 1• x.ie rc . � e ! --r — Z 45 IM .V...L2wvl Ld i Q Y • i .sr. �-t' iti. � � �►y2#`w �3�1 J. J 4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lafl Complete Nos. 1- a and 6 if there are interested parties_ OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-229320 Hardy Trees Lubbock, TX United States Date Filed: 06/27/2017 2 Name of governmental entity or state agency that Is a party to the contract for which the forms being filed. City of Lubbock Date Acknowledged. g Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 13499 Lawn Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only If there is NO interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. •. '... '. ELIZABEfH D. MILLER My Notary ID # 128967368 Expires April 25.2020 re Of au nixed agent of contracting business entity l AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said O V (� 1,� this the day of l L1 L- 20_:_, to certify which, witness my hand and seal of office. ��Zyl A a pl-a 2 - A I k � 4 E I i -s) t Ltir LN C- Signa4k of officer administering oath Printed name of officer administering oath Title of officedministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1 - 4 and 6 it there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties, OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-229320 Date Filed: 06/27/2017 Date Acknowledged: 06/29/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hardy Trees Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13499 Lawn Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. O X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the clay of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath v.,..-;— vi n Qai Forms provided by I exas ttnics commission www.eu Resolution No. 2017-RO238 Item No. 6.10 July 13, 2017 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, Service Contract No. 13499, for landscape maintenance services at the Lubbock Preston Smith International Airport, by and between the City of Lubbock and Hardy Trees, Inc., and related documents. Said Service 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 on July 13, 2017 DANIEL M. POPE, MAYOR ATTEST: -D-e Reb cca Garza, City Secret APPROVED AS TO Bill HowAofi, Assistant,(?/'y Manager City Attorney vwxcdocs/RES.Contract-Hardy Trees, Inc. June 21, 2017 Resolution No. 2017-RO238 Contract 13499 City of Lubbock, TX Contract for Services Landscape Maintenance Services at LPSIA THIS CONTRACT made and entered into this 13th day of July, 2017, by and between the City of Lubbock ("City"), and Hardy Trees, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for landscape maintenance services at LPSIA 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 landscape maintenance services at LPSIA. 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 are attached hereto and made part hereof, Contractor will deliver to the City, fertilization for various parkland properties and more specifically referred to as Items 1 thru 7 on 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. 3. The contract shall be for a term of 3 years, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 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 1,000,000 Commercial General Liability General Aggregate Products-Comp/Op AGG Contractual Liability Automotive Liability 1,000,000 Any Auto Pollution 1,000,000 Workers Compensation Statutory Amounts Or Occupational Medical and Disability Employer's Liability 500,000 The City of Lubbock shall be named as additional insured on a primary and non-contributory basis on auto/general liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. 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. 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. All funds for payment by the city under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the city of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract insurance requirements 12. This Contract consists of the following documents set forth herein; Invitation to Bid 16-12761-KK, 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 LU OCK Daniel M. Pope, Mayor ATTEST: Reb cca Garza, City Secretary l APPROVED AS TO CON ENT: �rKelly Campbell, Executive Director of Aviation Attorney CO NT O BY L:v Authorized Representative Print Name Address City, State, Zip Code City of Lubbock Bid ITB 16-12761-KK BID FORM Landscape Maintenance Services at LPSIA City of Lubbock, TX ITB 16-12761-KK In compliance with the Invitation to Bid 16-12761-KK, 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 16-12761-KK is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM Annual Maintenance DESCRIPTION Maintenance Cycle Unit Cost Extended Cost Cycles a. (Approx.) c d e- = b x d b. 1 29 Grounds Maintenance for areas covered under x t rt A B and C & D. Maintenance to include mowing, edging, and trimming. (As specified herein) / 0 l Monthly Cost for Litter Control for areas covered under 2. 12 Exhibit A, B, C, D, & West Side Area (As specified herein) d�— , r �� 00. 3. 4 Flowering Beds. (As specified herein) =- t a a 00 Weed & Pest Control for areas covered under Exhibit A, 4. 3 B, C & D. (As specified herein) & OQ 0 �- t v 00Fertilizer for vered under Exhibit A, B, C & D. 5. 3 (As specified he ei ) 6 QQ °- 00 f Pruning for areas covered under Exhibit A, B, C & D. 6. 1 (As specified herein) V .r— Q ^' o o O o 0 7 26 est e: Landscape Maintenance for area coven under Exhibit C. Bi-Weekly Maintenance. (As specified a er herein) 5-0 0 600 �- Total Annual Contract Price s 76 /' /?7/ti1 -tom_ 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 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 �/o, net7-4-ealendar 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. S. Purchase/13id Docs/1-173 16-12761-KK Landscape Maintenance Services at LPSIA 4 XIA 3/4/201612:42 PM P, 6 City of Lubbock Bid ITB 16-12761-KK 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. YESy 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 SUBMITTED BY /j C, r6L Tres _ Ana corporation organized under the laws of the State of or a partnership consisting off or individual trading as of the City of LCiL A'a e /r Firm: City: L U Lr r_ k State: %_ex a S Zip 7c/ zf � 3 Bidder acknowledges receipt of the following addenda: Addenda No. Date,48-IJFi Addenda No. Date M, By Au S: Purrhaw t3id Docs/fM 16-12761-KK Landscape Maintenance Services at LPSIA 5 3/4/2016 12:42 PM p_ 7 City of Lubbock Bid ITB 16-12761-KK Officer Name and Title: l , h CL Please Prim Business Telephone Number r] 0 (n - 1. 4ES FAX: E-mail Address: kar& A-rv-PS FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named FirmAndividual: Date of Award by City Council (for bids over 550,000): Date P.OJContract 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. S PurchaseMid Docs/17M 16-12761-KK Landscape Maintenance Services at LPSIA 6 3/4/2016 12:42 PM P. 8 REVISED City of Lubbock, TX ITB 16-12761-KK Landscape Maintenance Services at LPSIA Specifications MAINTENANCE STANDARDS General: The Owner's Representative will inform the contractor when to commence maintenance activities. The decision to end the maintenance season shall be made by the Owner's Representative. The Contractor shall be notified of the City's decision by letter or email. The designated Owner's Representative for contract oversight and coordination is the Airfield Maintenance Supervisor. The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending 2 feet from back of curb into all streets. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clipping from contaminating plant beds. Contractor shall provide all equipment, trained personnel, and materials for the performance of this contract. This includes but is not limited to vehicles, mowers, edgers, cutters, clippers, hose, irrigation equipment (fixed & portable), plants, fertilizer, sprays, etc. Contractor shall be responsible for any damage resulting from his work. This might include vehicle damage (such as damaged glass or paint) from thrown rocks, damage to airport terminal building window glass or damage to vegetation (trees, plans, shrubs) that is damaged during the performance of this contract. Mowina: The Owner's Representative will inform the contractor when to commence mowing activities for the season. The mowing frequency is the same day every week. Turf shall be cut at a height of 1 1/2", and will increase to 2" at the discretion of the Owner's Representative and last through the remainder of the season. Clippings will not be bagged, and all hardscapes shall be cleaned after each mowing. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and shall be approved by the Owner's Representative. Mowing Schedules: The Contractor shall furnish the Owner's representative a mowing schedule 5 working days prior to the start of every month. A copy shall be faxed or e-mailed to the Airfield Maintenance department. Identified properties shall be mowed in the order they are listed on the monthly schedule, unless prior notice is given before the start of the working day. Litter Control: Litter will be picked up by 10:00 a.m. daily, Monday - Saturday; holidays are excluded. Note: The operator of the paid parking lot and parking structure is responsible for litter control in those areas. In the west side area, generally adjacent to Cedar Street, litter control will be performed bi-weekly (every other week). Ed ig na: All sidewalks, curbed plant material beds, shall be edged to a depth of one inch and all non -curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmer or curb dresser may not be used for these tasks. Chemical edging is not permitted. REVISED Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All trimming will be accomplished so as not to damage trees, shrubs, window glass, etc. All surfaces, streets, and parking areas must be kept free of grass, weeds, and debris. This task must be completed within 24 hours of mowing. Flowering Plants & Beds: Flower beds around airport signage at the main airport entrance sign at Regis and MLK will be planted with plants that provide a colorful and attractive appearance. The Owner's Representative will pre -approve planting materials with the Contractor prior to planting. This appearance can be provided by a single variety or multiple varieties. These beds will be planted as frequently as necessary, but not less than four times a year to ensure a full appearance. The contractor will ensure that all plants are healthy and that unhealthy plants are removed and replaced within 24 hours of identification. Responsibility for other required maintenance of all beds will also rest with the contractor. Irrigation:_ It will be the Contractor's responsibility to repair any damage to the irrigation system caused by Contractor's activities, such as damage by mowers. It will be the Contractor's responsibility to ensure that all turf, foliage, and plants are adequately irrigated by either automated systems or by hand. Changes to the irrigation system will be coordinated between the contractor and the Department of Aviation. All operational problems with the irrigation system will be promptly reported to the Owner's Representative. Pruning: The contractor will maintain all foliage, trees, shrubs, and plants that require pruning. Pruning will be at a minimum of one time per year, as appropriate for the plant type. Pruning will be coordinated in advance with the Owner's Representative. CONTRACT ADMINISTRATION Contractor Contact: The contractor and or contractor appointee shall be accessible via cell phone, pager or any other means of communication during regular business hours. Those numbers shall be furnished to the Airfield Maintenance Supervisor. Payment: The Contractor shall receive compensation provided for in the contract on a per cycle basis. Payment shall be made at the first of each month based on the previous month's completed cycles for each maintenance area. Contract Term: 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 three (3) additional one-year periods. EXHIBITS A, B, C, D & WEST SIDE AREA General Grounds Maintenance: The contractor shall maintain all grounds identified in Exhibits A, B, C, D & West Side Area. These areas will be maintained free of litter, irrigated, mowed, edged and have applied as required weed and pest control. No litter, weeds, or other materials will be thrown over the airfield perimeter fence. Foliage in these areas will be maintained with a preventative maintenance program of weed and pest control with applications at a minimum of three times per year. Foliage in these areas will be fertilized as required (minimum of three times per year). REVISED Exhibit A Area: The parking lot operator is responsible for litter control in the paid parking lot and the parking structure. Exhibit B Area: During the term of the contract the Department of Aviation may add additional plantings, shrubs, or trees along MLK. Exhibit C Area: The area immediately in front of the former Flight Standards District Office (FSDO) area of the old terminal building is included in this contract. The trees and turf along Independence Street (west of Cedar Street), including the median, are included in this contract. Exhibit D Area: Shelter Park — All turf and trees maintained as Exhibit A & B areas. Litter control included. West Side Area - Description: The western fence perimeter beginning at the north-west corner of the Armed Services Center (Armory) at Regis and Cedar Street and proceeding north along the east side of Cedar Street to the south-west corner of the FedEx facility. The cross -hatched area marked `D' on the attached drawing delineates the area in front of the Silent Wings Museum. The West Side area also includes the public side of the Hangar 20 area. West Side Area - Special Conditions: In the West Side area only, mowing/trimming will be performed on a minimum bi-weekly (every other week) basis, unless the Airfield Maintenance Supervisor approves a less frequent schedule due to weather or insufficient growth conditions. Litter control will be performed bi-weekly (every other week). PUment: The Contractor shall receive compensation provided for in the contract on a per cycle basis. Payment shall be made at the end of each month on completed cycles for each maintenance group. REVISED FREIGHT RD. SHORT r _ _ EWLO*rE � . + // TERY PARIONC v1111[III 11IIIIIIIl11111Lti1111111 1Ji rrlr �� _ 1111 +� 1111 lit - • - , III fµf�}'''µ}'{''}}ff I��III}-''�'µ'II I}}I}'�' 1}}11}}'Iµ�'II {}II'}}'}1H'�''-'µ'�II I11111111111H111111111111 r�owr v I l t _ III 111 Lubbock International Airport Landscape Maintenance Services Exhibit A Contractor shall pick up all trash along the sidewalk in front of the terminal Mgmill7mr�ememmmm -------------- ....... ........ MLX Blvd. Internotionol A e Maintenance REVISED rra�re r Lubbock Intem.allonal Ajrp1 Landscape M&L^nncicc ScNces CxNbil c C F' ME61's T-OAC-r -A- El T 1A*Idp*4 P4 MO p podl jon", Ad -A& *It$ dwT 11 WAk" 14"mm1 PpyrqmLpw AMA §wvtpw t1we te 1*040 W 'emit b" TRACT 'S' .......... O.ft, 6mv log MIN 1. CERTIFICATE OF INTERESTED PARTIES FORM 1295 I pf 1 Complete Nos. 1- a and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 If there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-229320 Hardy Trees Lubbock, TX United States Date Filed: 06/2712017 2 Name of governmental entity or state agency that is a party to the contract for which the forms being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 13499 Lawn Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary 5 Check only if there is NO interested Party. ❑ X 6 AFFIDAVIT i mar, or affirm, under penalty of perjury, that the above disclosure is true and correct. FLIZABETH D. MILLER ' My Notary ID # 128967368 Ex, Tres Wl 25, 2020 i riz re Gf au ed agent of contracting business entity i AFFIX NOTARY STAMP/ SEAL ABOVE Sworn to and subscribed before me, by the said �. In d I A.V tl 0 this the a �-� day of , 20__\I_, to certify which, witness my hand and seal of office. Signs of officer administering oath Printed name of officer administering oath Title of officedministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1ot1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-229320 Date Filed: 06/27/2017 Date Acknowledged: 06/29/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hardy Trees Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13499 Lawn Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the clay of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath � ft Ob'J Forms provided by Texas Ethics commission www.etniCsstdW.LA. w �•�•���