HomeMy WebLinkAboutResolution - 2008-R0197 - Contract - Kitten Fertilizer & Supply - Granular Fertilization - 05_22_2008Resolution No. 2008—R0197
May 22, 2008
Item No. 5.8
RESOLUTION
11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LLIBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and any associated
documents with Kitten Fertilizer & Supply of Slaton, Texas, for granular fertilization for
various park properties per bid #08-035-MA, a copy of which Contract and any
associated documents are attached hereto and which shall be spread upon the minutes of
this Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 22cd day of Kay , 2008.
TOM MARTIN, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONT T:
Scott Snider
Assistant City Manager and Director of Community Services
APPROVED AS TO FORM:
Don Vandiver;Attorney of C
D Dres/KittenFertifizer-ParksCan08 Res
May 14, 2008
IT® 408-035-MA, Granular Fertilization for Various Parkland Properties
Resolution No. 2008—RO197
CITY OF LUBBOCK
CONTRACT FOR SERVICE'S
Granular Fertilization for Various Parkland Properties
Contract No. 8488
Bid No. 08-035-MA
THIS CONTRACT, made and entered into this 22 day of May 2008, pursuant to a resolution heretofore adopted by the City
of Lubbock, Texas, by and between the City of Lubbock ("City"), and Kitten Fertilizer & Supply Inc., ("Contractor").
\i ITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Granular Fertllj7atlOtl for Various Parkland Prolzertics
and bids were received and duly opened as required by ]a-,v; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the Citv of Lubbock has heretofore
adopted a resolution auth01_i7.ing the acceptance of such bill, and the execution, in the name of the City of Lubbock a contract
with said Contractor covering the purchase and delivery of the said Granular Fertilization for Various Parkland Properties .
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:
I. 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 Granular Fertilization for Various Parkland
Properties specifically referred to as Item(s) No. 1-3 and more particularly described in the bid submitted by the
Contractor or in the specifications attached hereto.
2. The City promises and agrees to eniploy, 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.
3. 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 ags•cernent os• 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 B 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 teen of this
Contract and shall comply with all provisions of Title 5 or 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 mast be endorsed to include a wavier of subrogation in favor of
the CITY OF LUBBOCK.
08.035-MA.doc 35
ITB #06-035-MA, Granular Fertilization for Various Parkland Properties
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less
than S500,000.
Commercial General (public) Liability insurance, per occurrence, in an amount not less than $500,000 including
coverage for the following:
Products /completed operations
Personal & Advertising injury
Contractual Liability
Automotive Liability insurance, per occurrence, in an amount not Iess than S500,000 combined single limit
including coverage for the following:
Any Auto
The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary
additional insured under the policies.
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 %vording "endeavor to" and "but failure
to mail such notice shall impose no obligation or liability of any kind upon the coulpany, 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. Contractor's insurance policies through policy endorsement must include wording,
which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of'
Lubbock. The certificate of insurance described below must reflect that the above working is included in evidenced
policies.
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 ti•onl this
Contract without the written consent of the other.
This Contract consists of the following documents set forth herein; Invitation to Bid #08-035-11A, General
Conditions, Insurance Requiretments, Specifications, and the Bid Form.
1N WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year firs! ;ibwo k•
written. Executed in triplicate.
CITY OF LUBBOCK
�-11
- � , � �� �-
Tom Martin, Mayor
All
1�1
Rebcc -a Garza, City Secretary
AITTZOVED A,' T(,FORM:
ASs ant Atto
CONT
BY ;74,
'�/rF/
AuthorizeVepresent f ive
Kitten Fertilizer & Suj2ply Inc.
Address
1813 S. Hwy 84
Slaton, TX 79364
APPROVED O C ENT:
Randy Truesdell, Director of Cam>Lmity Services
08.035-MA.do[ 36
Apr-14-00 03:19pm From -CITY OF LUBBOCK-PURCHASING IDS7752164 T-577 P.10/53 F-274
1TB 605.035-MA, Granular Fenili:ation for Various Parkland Properties
Resolution No. 2008—RO197
SUBMIT TO-
CITY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
PURCHASING DEPARTMENT /
1625 13"' STREPT, RM 204 f
LUBBOCK, TX 79401-3830 AN EQUAL
INVITATION TO 13ID
CONTACTPERSON: OPPORTUNITY
Marta Alvarez EMPI.OYER
#08-035—MA
rEL: $06.775.2167
FAX: 906.775.2164
hitp:NpurchiL,;ing.ei.luhbock. fx. us
TITLE: Granular Fertilization for Variotls Park(snd Properties SV401rTAL DE401.1/vE
May 6, 2008, 3t00 p.m. CST
PRE BID DATE, TMNE AND LOCATION. April 30, 2008 raj 10:00 An,v hulr r.cdi-e i uff.r ihu irmr enJ dau^ Ncled uhnru, re�prd&Ys 41 rhn matte 41
A.M., et City F1011, Purchasing Conferenea Room 204, 1625 13"' Street, dcrrvrry ,,Auerer rommed urnipcaad
Lubbock, Texas.
RESPONOF.N f NOW e I IZer &
LABEL. THr OUTSIDE OF YOUR SEALED BID WITH"PItic ITB NI)MBER, THE
CLOSING DATE: AND TIME, AND VOtlk COMPANY NAME AND ADDRESS.
MAILING ADDRESS:
� y
'c
IF kGTURNINti AS A "NU 6!D", PLEASEPLEASECOMPLE'1 f_ AND RETURN THE.
- a
'-STATEMENT OF NO BID".
CITY — STATE-vZ.IP:
1'HC CITY OF LUBBOCK RESERVES THE RICHT TO ACCEPT OR RRIECT ANY
AND ALI_ 805 1N WHOLE OR IN PART AND WAIVE ANY INroRMALITY IN THE
TELLPHON;NO
COMPETITIVF BID PROCESS FURTHF'lt, THC CITY RESCRVES THE RIGHT TO
LINTER INTO ANY CONTRACT nt EMCD TO fit' IN THE BEST INTER£til' OF TIME
C]
CITY.
FAX NO: ` hf'�
Y` t """ z
IT IS THE INTENT AND PURPOSE. OF THE CITY OF LUHHOCK THAT THIS
�'
REQUFSf PERMITS COMPETITIVE BIDS. IT )S Tl-IL BIDDI-A'S RESPONSIBILITY
E-MAIL,
TO ADVISE THF. CITY Of LUMOCK PURCHASING MANAGER IF ANY
I.ANGUAOE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
FEDERAL TAX Ir) NO. OR SOCIAL SECURITY NO.
MADVERTPNTLY RFSTPICTS OR LIMITS THE REQUIREMENTS STATED IN'fHIS
ar
ITf3 'r0 A SINGLE. SOURCE. 80CH NOTIFICATION MUST OE SUBMI'll'ED IN
/ 3 ` / �L
Wlil'rINC AND MAST BE RECf IVGD BY THE PURCHASING MANAGFK NO LATER
THAN FIVE 5 AUSINESS DAYS PRIOR TOTf-11 ABOVe SI)BMITTAI, DEADLINE.
01C BIDDER HEREOV ACKNOWLEDCLS RECEIPT OF AND ACREES ITS IIID IS BASYD ON ANY ADIWNDA POS'I'L^'D ON
RFTDkPOT.COM
The City of Lubbock Churtar states that no officer or employeC or the City can benefit from any wnuxl, job, Work or suvicC for the mimiclpahty ur be iilleresittl in
file mile to du City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or rnember of"their immedlaw family, oenef t
from the uwrrd of this hid to the above riTm?_ YCS^ NO
IN COMPHANCE WITH THIS SOLICITATION•'(HF UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION f0 OID AND 1PCCWICAT)UNS,
AND BCENG FAMILIAR WITH THC CONDITIONS TO BF MCT, HEREBY SUBMITS '1 HF FOLLOWING BID FOR FURNISHING -1'14C MATERIAI,
I'.QUIPMENT, LABOR AND tiVCRYTHING NECESSARY TOR PROVIDING THE 17'1 MS LISTED ON THE ATTACHED BID FORM AND AGREF-S TO
DELIVER SAID ITEMS AT THE LOCATIONS AND MIZ THE PRI(:I:S SET FORTH ON THE Bit) FORM AN IN01VIDUAI. Ati'I HORIZED TO BIND THE
COMPANY MUST StC,N THE FOLIA)WING SECHON. FAILURI TO CXECLITH 1'111S PORI'ION MAY RESUI.:I IN 010 REJFCTION.
By my Signature I Lenny that this alTer is made Without prior undarslmt 11g, agreement• or connection with any corporntion, firm, bosinns crit11y, or person
%ubmitting an offer fur Ihj some muteria)s. supplies, equipment, or iervicck..,), and is in nil ropccts fair and wimout :olluslon or fraud. I further u6ree that iTThe oiTer
is accepted, the ofreror will convey, sett, a.sign• or «nnbl'ar to she City I,( Lubbock all right, title, sad inicreit in Ind to all camas of action it may now or licrealter
acquire tindar the ri-ir t 1IWS of the United State: and the Sur of Texas fur price tiktng rciating to the particular commodityts) or service (,) purchased or
1&41acquired by ih ity Lubbock. At the City'i 41 tion. such us,ignmanl Shull be mode and bewm, o%cctiva at tha Tillie the City tendons rinul paymcnr to the
Vendor.
Authnriecd Slq ure Title /
Printvfype Name;
08.035-M.40C
Darr
THIS FORM MUST BE COMPLETED AND RETVRNED WITH YOUR RESPONSE.
Apr-14-09 03:19pm From -CITY OF LOSSOCX-PURCHASING 8067752164 T-577 P 11/53 F-274
ITB 005-033-MA. Granular Fenillratlon for Various Parkland Prapenlea
BID FORM
Granular Fertilization for Various Parkland Properties
CITY OF LUBBOCK, TEXAS
ITS 08.035-MA
In compliance with the Invitation to Bid 08-035-MA, the undersigned Bidder having examined the Invitation to Bid and
Specification;, and being familiar with the conditions to be met, hereby submits the following Bid for (tarnishing 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 #08-035-MAis by reference incorporated in this contract. The
Bid Form mast be completed in blue or black ink or by typewriter.
APPLICATION
ACRES
PRODUCT
APPLIC aTION
COST PER
EXTENDED
(application dates
(approxi
RATE
ACRE
COST
max vary)
mate!
ITEM I
I" Application
1105
Granular renilizer
141 Ibs/acre
June 1 — June 30,
38-0-04% Sulphur, 3%
2008
Iron`
ITEM 2 2" Application
1105
Granular Fertilizer
141 lbs/acre
July i — July 31,
38-0-04% Sulphur, 3°/nL(-
2008
Iron
/ '1
ITEM 3 Yd Application
1105
Granular Fertilizer
141 lbs/acre
Aug1 — Au 3l,
38-0-04% Sulphur, 3^/0
2008
Iron
+�
l /Jr/Jly n
/"
1lital
F �
•PRICR, F_O.B. City of Lubbock "*Days After Receipt of Order (ARO) /
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of �' +. %, net fkalcudnr 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 oecur� later. Discounts for prompt payment requiring payment by die 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 le,a than ten days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted u nor in excer;s of the lowe.st price charged anyone
ehe, including its most favoured customer, for like quality and quantity of the product,,'>crvices; does nut 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. ff at any time during the contract period, the supplier should
sell or offer for sale to any other customer, an equal or less quantiry of similar contract products of like or better qualiry, at a
lower net prices) than provided herein, supplier agrees to notify the City and yell same product(s) at the lower price(s) on all
deliveries made during the period in which such lower price(n) is effective.
INTER -LOCAL PURCHASING (optional): The City desires to nuke available to other local governmental entities of the State
of 'Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreernants as
provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), die right to purchase ncc same eervicei, ar The
price:i quoted, for the period of this contract. 12ach bidder shall indicate on the Bid Form in the space provided below if he/she
08-035 - IM.dOC
10
W�
Apr-14-08 03:20Pm From -CITY OF LUBBOCK-PURCHASING 806T752164 T-6TT P 12/53 F-274
IT15 a08-035-MA, GranUar Fenitlzatlan for Various Parkland Propenloo
will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental
entities decide to panicipate in this contract, would you (the bidder) agree that all terms, conditions, speciticatiDna, and pricing
would Apply?
Other governmental entities that might have interests in this contract are Frenuhip Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Wising Assoclation of Governments, City of Texarkana, Texas Tech University, West Texas Municipal
Power Agette ,Lynn County, and City of Wolfforth.
YLS NO
If you (the bidder) checked YES, the following will Apply:
• Governmental entities tttibZing Interlocal Agreemcnis for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materitilsiservices under the contracts) 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 goverra antal entity's
debts. Each governmental ent)< ft trad d"ZCg4ri&service as needed.
THIS BID IS SUBMITTED BY GGtf 11 41 a corporation organizcd under the
laws of the State of or a partnership consisting of
or an individual trading as
of the City of
Kitten Fertilizer &
Firm: {lInc
Address.
City: - A[ b State: Zi 7
i17
Firm
/WDE Woman Black American Native American
Hispanic American Asian Pacific Other (Specify)
American
By
Officer Name and Title:
Please Print
- musr sign by hand
(/ (f
Business Telephone Number S'C 67r� & ^� 7 ' FAX:I L'� ` �� 7 0
FOR CITY USE ONLY
Bid Fonn Item Number(s) Awarded to Above Named FinyAndividual:
Date of Award by City Council (for bids over $25,000); Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
06-035-MA. doc 11
By
Officer Name and Title:
Please Print
- musr sign by hand
(/ (f
Business Telephone Number S'C 67r� & ^� 7 ' FAX:I L'� ` �� 7 0
FOR CITY USE ONLY
Bid Fonn Item Number(s) Awarded to Above Named FinyAndividual:
Date of Award by City Council (for bids over $25,000); Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
06-035-MA. doc 11