HomeMy WebLinkAboutResolution - 2011-R0208 - Contract - Abernathy Welding & Machines - Weed Shredding - 05_10_2011Resolution No. 2011—RO208
May 10, 2011
Item No. 5.8
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. 10035 for weed shredding
for land application sites -annual pricing, by and between the City of Lubbock and
Abernathy Welding & Machines, 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 May 10, 2011
TOM MARTIN, MAYOR
ATTEST:
D, D, e-4-9- 9y" -
Reb ca Garza, City Secr a
APPROVED AS TO CONTENT:
- YA�. V QLJ '
Marsha Reed, P.E., Chief Operations Officer
APPROVE AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Abernathy Welding & Machines
April 25, 2011
ITD 11-10035-DT Weed shredding - AP
Resolution No. 2011—RO208
CONTRACT 10035
CITY OF LUBBOCK, TX
CONTRACT FOR SERVICES
for
Weed Shredding for Land Application Sites — Annual Pricing
ITB 11-10035-DT
THIS CONTRACT, made and entered into this 101h day of May, 2011, by the City of Lubbock, Texas,
("City"), and Abernathy Welding and Machines, ("Contractor") of Lubbock, TX.
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Weed Shredding for Land Application
Sites— 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 execution, in the name of the City of Lubbock of a contract with said
Contractor covering the purchase and delivery of the said weed shredding 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 Weed Shredding for Land
Application Sites specifically referred to as Item(s) No. 1-2 and more particularly described in the bid
submitted by the Contractor or in the specifications attached hereto.
2. The contract term shall be for an initial one (1) year period, said date of term beginning upon City
Council date of formal approval. The City and the contractor may, upon written mutual consent, extend
the contract for two (2) additional one (1) year periods. The rates may be adjusted upward or downward
at this time at a percentage not to exceed the effective change in the Consumer Price index (CPI) or
Product Price Index (PPI), whichever is the most appropriate for the specific contract for the previous
first year. At the City's discretion, the effective change rate shall be based on either the local or national
index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of
the current contract period.
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.
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
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1TB l 1-10035-DT Weed Shredding -All
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.
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. 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 ininimum limits of liability.
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 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
1. Worker's Compensation Statutory
And/or
Employers Liability or Occupational Medial and Disability $500,000
2. General Liability insurance including coverage for the following:
a. General Aggregate Combined single limit for
b. Products/completed operations bodily injury and property
C. Personal injury damage of $300,000 per
d. Contractual liability occurrence or its equivalent.
3. Automotive Liability $300,000
The City of Lubbock shall be named a primary additional insured on general liability with a
waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of
Insurance shall reference the ITB number for which the insurance is being supplied.
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IT5 1 I-10035-Ur Weed Shredding - AP
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.
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.
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 #11-10035-DT,
General Conditions, Specifications, and the Bid Form.
JN 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
ATTEST:
Reber a Garza, City Secretary
APPROVED AS TO CONTENT:
ZZ a.Akv-� �� 0 0 j
Marsha Reed, Chief Operating Officer
AAS T FORM: PP:
Assistant City Attorney
Q:PurchasdBid Do611 1-10035-UT
CONTRACTOR
BY
Authorized Representative
16/Address
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[TB I I.10035-DT Weed Shredding - AP
Resolution No. 2011-RO208
City of Lubbock, Texas
Weed Shredding for Land Application Sites — Annual Pricing
Sid No. I1-10035-DT
SPECIFICATIONS
1.PURPOSE
1.0 The purpose of this invitation to bid (IT13) is to establish an annual pricing contract for weed
shredding services for the Lubbock Land Application Site and Hancock Land Application Site.
Shredding is required to keep the land applications sites free from excessive and unsightly weed
growth. Shredding is needed for cropped and non -cropped land on an "as needed basis". Farm
management will determine when and how much shredding is needed.
2. GENERAL
2.0 Successful Contractor shall have ten (10) days from receipt of the Notice to Proceed to
commence contract maintenance activities.
2.1 Inclement weather will be taken into consideration during the ten-day period. The decision to
end the maintenance season shall be made by the Land Application Site Manager or his Agent.
The Contractor shall be notified of the City's decision by written notice.
2.2 Site Locations:
Lubbock Land Application Site Hancock Land Application Site
4602 ECR 6700 547 CO. Rd. X
Lubbock, TX 79403 Wilson, TX 79381
3. SHREDDING
3.0 Shredding frequency shall be approximately once, twice, or three times during the summer
months from May through September.
3.1 Shredding frequency shall be determined by the Land Application Site Manager or his Agent.
The number of times to shred during the summer months is dependent upon rainfall and
vegetation growth.
3.2 Shredding shall be at six (6) inches above the ground. The approximate total acreage to be
shredded is 1,500 acres, more or less per site. The areas to be serviced include corner acreage
around center pivots, layout land that is not currently in production. No brush is present in these
areas.
3.3 Contractor is responsible for safe and careful operation of shredding equipment.
3.4 All shredding and or related work will be performed between the hours of 8 a.m. — 5 p.m.
Monday thru Friday.
3.5 Once a shredding cycle has been started, weather permitting; shredding will be on a continuous
basis during the hours listed above until the cycle is completed.
3.6 Excessive downtime of ten (10) working days in a row shall cause termination of contract.
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ITB 11-10035-OT Woud Shredding - AP
4. CONTRACT TERM
4.0 The term of the contract shall be a one (1) year term with the option to renew for two (2)
additional one (1) year terms.
5. PRICING
5.0 Pricing is per acre for the Lubbock Land Application Site and Hancock Land Application Site
from approximately May through September.
5.1 Prices shall include travel required to and from respective sites, labor, tools, equipment, and
other incidentals necessary to complete the work.
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aB 11-10035-17r wad Shedting - Ap
City of Lubbock, Texas
In compliance with the Invitation to Bid 11-10035-DT, 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 11-10035-DT is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
QTY
UNIT OF
DESCRIP'ITON
UNIT PRICE*
Extended
Cost
(more or Less)
MEASURE
BID
Weed shredding, from approximately May
I.
1,500
Acre
through September for Lubbock Land
$ -i O
$17 3 o ao
Application as specified herein.
Weed shredding, from approximately May
2.
1,500
Acre
through September . for Hancock Land
Appli as specified herein.
Overall Total $
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **After Receipt of Order
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 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.
IN'i'ERLOCAL 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 entitles 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.
YES NO �K_
• If you (the bidder) checked YES, the following will apply.
Q:P=kasdBid Doalf 1-10035-DT
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BID FORM
+ 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 he 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 SUBNEXIMD BY �«'� ��' -�gc a corporation organized under
the laws of the State of��(or a partnership consisting of
or an individual trading as a P, E_ P ,y f K71 � kJ F i n_ +nrt .� 112& �- jj r- Af the City of _ a!I v r _ i '-
Firm: (� 2r.ab-�ti [ .� F7 ram,—�( r,'_-vs_E
Address: E [P i o r ct c� Q
city. 1b 3 C State: Zip' 7 g q 1 S --
M/WBE
Firm:
Woman
Black American
Native American
Hispanic American
Asian Pacific
American
Other (Specify)
Authorized Representfive - must sign by hand
Officer Name and Tide: 42o 4-1.#/lj � � -
Please Print
Business Telephone Number �io &, _ I V q — 160 `7 (, FAX: -
E-Mail Address: f " � " a rA #w - ® a o L. , C0 "—
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named. Firm/Individual:
Date of Award by City Council (for bids over $25, 000): Date P.OJContract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
Q'PurchmdBid Ducall 1-1 0035-DT
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