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HomeMy WebLinkAboutResolution - 2011-R0122 - Contract - Gafford Pest Control Services Inc.- Pest Control, Annual Pricing - 03_22_2011Resolution No. 2011—RO122 March 22, 2011 Item No. 5.18 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, Contract No. 9900 for annual pricing of pest control services for various city buildings, by and between the City of Lubbock and Gafford Pest Control Services, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 22, 2011 TOM MARTIN, MAYOR ATTEST: Rebec& Garza, City Secretary APPROVED AS TO CONTENT: Mark arwo , Assistant City Manager Chief Information Officer APPROVED AS TO FORM: f Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Gafford Pest Control February 7, 2011 Resolution No. 2011—RO122 CONTRACT 9900 City of Lubbock for Pest Control Services for Various City Buildings - Annual Pricing ITB 11-9900-DT THIS CONTRACT, made and entered into this 22th day of March, 2011, by and between the City of Lubbock ("City"), and Gafford Pest Control Services, Inc. ("Contractor") of Lubbock, Texas. WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Pest Control Services — Annual Pricing for the City of Lubbock 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 accepted such bid, and authorized the execution, in the name of the City of Lubbock, of a contract with said Contractor covering the purchase and delivery of the said Pest Control Services. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Pest Control Services specifically referred to as Items) No. 1-27 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of one year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for four additional one-year periods. 3. This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either party with a thirty (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. 4. 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. 5. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 6. 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. 7. 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 ITB 11-9900-DT Pest Control of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: INSURANCE COVERAGE REQUIRED The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): 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 the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The contractor must maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver 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. TYPE AMOUNT Commercial General Liability with Pesticide Liability Per Occurrence: $500,000 General Aggregate Products-Comp/OP AGG Personal & Adv. Injury Automotive Liability Any Auto: $100,000 Combined Single Limit The City of Lubbock shall be named a primary additional insured on auto/general liability with a waiver of subrogation in favor of the City on all coverage's and to include products of completed operations endorsement. All copies of the Certificates of Insurance shall reference the ITB number for which the insurance is being supplied. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The Contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued ITB I I-OOW-DT Pest Control immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 8. 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. 9. This Contract consists of the following documents set forth herein; Invitation to Bid #11-9900- DT, 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 Tom Martin, Mayor A T T EST: ej Rebeck Garza, City Secretary APPROVED AS TO CONTENT: clv\" =2( — Mark Ye ood, , hief lnfohmtion Officer APPROV O AS YO FORM: Assistant City Attorney ITB 11-9900-DT Poal Control 91-L) fro awl rd Address Resolution No. 2011-RO122 City of Lubbock In compliance with the Invitation to Bid 11-9900-13T, 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 11-9900-DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. DESCRIPTION QTY U/M UNIT COST EXTENDED COST ITEM (Please see specifications) (-/+) I City Hall 12 MO $50.00 $600.00 1625 13, Street 2 Municipal Square 12 MO S 175.00 $2,100.00 916 Texas Ave 3 Jail Holding Cells 12 MO S35.00 S420.00 916 Texas Ave 4 Information Technology 12 MO $40.00 $480.00 916 Texas Ave 5 City Prosecutors Office 12 MO S25.00 $300.00 916 Texas Ave 6 Municipal Courts 12 MO $35.00 S420.00 916 Texas Ave 7 Police Administration 12 MO $40.00 $480.00 916 Texas Ave g Police Records 12 MO $40.00 $480.00 916 Texas Ave 9 Comm. Center & Training Area 12 MO $35.00 S420.00 916 Texas Ave 10 Teen Courts 12 MO $25.00 $300.00 916 Texas Ave 1 l Police Property Room 12 MO $35.00 S420.00 816 Texas Ave 12 Parks & Ree Admin Offices 12 MO $35.00 $420.00 1010 9 Street 13 Health Department !2 MO $60.00 $720.00 1902 Texas Ave 14 Health Department Lab 4 Qy $30.00 $120.00 1902 Texas Ave 15 Mahon Library 12 MO $65.00 $780.00 1306 9th Street 16 Groves Library 12 MO $40.00 $480.00 552019 Street 17 Patterson Library 12 MO S40.00 $480.00 1836 Parkwa 18 Godeke Library 12 MO S45.00 $540.00 6707 Slide Road 19 Traffic Sign & Signal Bldg 12 MO $'15.00 $420.00 202 Municipal Drive 20 Lubbock Business Center 12 NIO $45.00 $540.00 130 1 Broadway BID FORM I r11 11-9900-1) r Pest Cuntrof ITEM DESCRIPTION QTY U[M UNIT COST EXTENDED COST (Please see specifications) 21 Animal Shelter 12 MO S40.00 S480.00 401 Ash 22 Animal Shelter Admin 4 Qy $35.00 $140.00 201 N Ash 23 Police Academy Reese Cnt 4 Qy $45.00 $180.00 508 Davis Drive Z4 Fleet Services 12 MO $30.00 $360.00 206 Municipal Drive 25 1 Street Maintenance 12 MO $30.00 $360.00 502 North 127 Overall Total $1,110.00 $ 12,440.00 Item DESCRIPTION QTY U/M Unit Cost Extended Cost Please see specifications -/+) 26 Exterior Rodent Bait Stations 20 EA $16.00 $320.00 On an as -needed basis and up9nrequest) 27 Interior Rodent Multiple Catch Trap 20 EA $16.00 $320.00 (On an as -needed basis and upon request) Overall Total Tb40.00 Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock Unless otherwise specified herein, the City ma award the bid either item-b�item or an all -or -none basis for under anv item or erouD of items shown on the Bid Form. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 0%, 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 of er 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 shail 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? BID FORM ITEM 119900-DT Pest Control 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 WolfTorth. YES NO X • 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 materialsiservices 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 Gafford Pest Control Services, Inc. a corporation organized under the laws of the State of Texas , or a partnership consisting of or an individual trading as Lubbock Firm: Gafford Lest Control Services, Inc. Address: 4121 Frankford Ave. City: Lubbock State: TX Zip 79407 M/W BE Firm: By of the City of Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Authorized Representative - must sign by Officer Name and Title: Wayne Barado (Supervisor) Please Print Business Telephone Number 806-7924292 FAX: 806-792-8901 E-Mail Address info gaffordpest.com ITB I !-9900-D'r Pest control