HomeMy WebLinkAboutResolution - 2011-R0268 - Contract - Target Specialty Products - Pesticide And Herbicide Annual Pricing - 06_23_2011Resolution No. 2011-RO268
June 23, 2011
Item No. 5.11
I R *19111111111430
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
II 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. 10061-2 for pesticide and
herbicide supplies -annual pricing, by and between the City of Lubbock and Target
Specialty Products of Santa Fe Springs, California, 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 June 23, 2011
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City Secre
APPROVED AS TO CO P_NT:
V V\
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Target Specialty Products
June 10, 2011
Pesticide and Herbicide Supplies - Annual Pricings ITB-11-10061-DD
Resolution No. 2011-RO268
CONTRACT # 10061-7-
CITY OF LUBBOCK
CONTRACT FOR SERVICES
Pesticide and Herbicide Supplies -Annual Pricing
Bid No. 11-10061-DD
THIS CONTRACT, made and entered into this 23rd day of June, 2011, by and between the City of Lubbock
("City"), and Target Specialty Products ("Contractor") of Santa Fe Springs, California.
WITNESSETH:
WHEREAS, the City of Lubbock duty requested bids for Pesticide and Herbicide Supplies - Annual
Pricing 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, in the name of the City of Lubbock a contract with said Contractor will
provide service covering the purchase and delivery of the said, Pesticide and Herbicide Supplies.
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
hereto made part hereof, Contractor will purchase and supply Pesticide and Herbicide specifically
referred to as Item(s) 14 and 18 and more particularly described in the bid submitted by the Contractor
or in the specifications, attached hereto.
The contract shall be for a period of (1) one year, said date of term begiruung upon City Council date of
formal approval. The City and Contractor may, upon written mutual consent, extend the contract for one
additional (1) one-year period. 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 most appropriate for the specific contract for the previous 12-months. 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.
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 fmish the same according to the specifications and bid
contained herein. The City agrees to pay the Contractor according to the payment schedule; said
payment schedule does not include any applicable sales or use tax.
5. The Contractor shall provide the chemicals according to the procedure outlined in the specification, and
Invitation to Bid, 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.
Page 1 of 2
Pesticide and Herbicide Supplies - Annual Pricings ITB-11-10061-DD
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 [lie 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.
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 # 1 1-10061-DI),
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
ATTEST:
�Q . 9�c
Rebeck Garza, City Secretary
r
APPROVED AST CONTENT:
Scott Snider, Assistant City Manager
APPRCfE AST FARM:
Assistant City Attorney
CONTRACTOR
BY CA- d.vljj
iaQ sl` Z;,AG%
Authorized R-epvhsJntative
Z 1 06-317 A73,3✓iOAX �?IYtr
Address
—4 i LP5 " 7S- 3-40
Page 2 of 2
Resolution No. 2011—RO268
Pesticide and Herbicide Supplies - Annual Pricings IT6-11-1D061-Q0
City of Lubbock, Texas
Purchasing and Contract Management
Pesticide and Herbicide Supplies - Annual Pricing
131D FORM
In compliance with the Invitation to Bid 11-10061-DD 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 11-10061-DD is by reference incorporated in
this contract. "rhe Bid Form must be completed in blue or black ink or by typewriter.
ITEM
QTY
UNIT OF
DESCRIPTION OF
*UNIT
EXTENDED DELIVERY
DAPS
MEASURE
ITEM
PRICE
COST
ARO**
(More or Less)
CONTRACT
A.
B.
C.
D.
E.
E = B. x E.
1.
6
2 %2 Gallon
Containers. As
Arsenal
$
�i
$ j}
Np
specified
2.
4
12 Containers per
Deet
% �
" v a /D
No 81
Case. Ass specified
A
3.
32
uart. Ass ecified
Defoamer
r �• / S
, 0 a .2-7
4.
48
2 % Gallon
Containers. As
Glyphosate
��
1,6 l 26 -2-9
Pro
specified
5.
160
1 Gallon
Containers. As
Marker Dye
L(p, 7�
V� /
S1Q1 raX Dr��
I��v•
s ecifled
6.
10
2 % Gallon
Containers. As
MSMA
No 6 iv
Q d'j)
s ecified
�/
7.
8
1.25 Gallon
Cost i
Permethrin TC
Ttn�,fa 5rk 'le
�5,S
2-
1pQFp 27
frs.As
8.
2
2'h Gallon
Containers. As
Reward
)2).50
q�/T S, G d 2
specified
9.
2
12 Containers per
Soap-N-Water
Ll 1
�(�
Case. Ass ecified
C? K I Z
/
,
10.
16
2 %Gallon
Surfactant
! �� �
�� 9
Containers. As
Nj/ ,D
specified
Page 4 of 26
Pesticide and Herbicide Supplies - Annual Pricings ITti-11-10061-oD
ITEM
QTY
UNIT OF
DESCRIPTION OF
*UNIT
EXTENDED
DELIVERY
DAYS
MEASURE
ITEM
PRICE
COST
ARO""
(More or Less)
CONTRACT
A.
B.
C.
D.
E.
F. = B. x E.
it.
4
12 Containers per
Total Release
$ YS,
W'00
Case. Ass ecified
�
12.
5
12 Containers per
Wasp Spray
I O
�'
3,21. DQ
Case as s ecified
(D
13.
100
1 Gallon
Containers as
Whole Control
�� ���
A
specified
14.
160
25 pound bag as
17
fro&14-�a,'�
Aindro Pro
1.� S 9S
2ol r 2 . Oo
_
specified
15.
160
25 pound bag as
Award
2�3 r
? C N),
J J
_ /7
/
s ecified
16.
20
Gallons as
Surfactant 4c>,V-d,)`
S
j ('
l �j�ll/,7
333,
Z _
s ecified
as of !u l�.�ad
17.
30
Gallons as
Simizine 4L
�QJ
'?elo'zoo
'2
specified
•�] h u
/
I
18.
115
Gallons as
Triplet
5� Sy�1l j
s/
? �'� r�q
1 7Jc
1-7
s ecified
19.
20
Cases as specified
Weevil -tide (Tablets)
/UU l i
4/v
20.
20
Gallons as
Aqua -Master
v
Overall Total: Is
*PRICE- F.O.B. Destination, Freight Pre -Paid and Allowed *"Days After Receipt of Order (ARO)
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 Form.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _ %, net 3Calendar 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
orafter 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.
Bidder's Initials
Page 5 of 26
Pesticide and Herbicide Supplies - Annual Pricings ITB-11-10061-OU
RED 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.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will
be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY TAKGEr SPECIAL TV ! AO DLAC TS a corporation organized under
the laws of the State of (A (, 7(0 / n a , or a partnership consisting of
or an individual trading as of the City of
Firm: De6ET 2,ECIA IL PRo➢uC75
City: S AN-f A f 1 56e1,V65 State: Zip 10620
M/WBE
Firm:
Woman Black American Native American
Hispanic American Asian Pacific Other (Specify)
American
Bidder's Initials
Page 6 of 26
By
:l lhori_ed Represewative - musl sigfr by honcl
Pesticide and Herbicide Supplies - Annual Pricings ITB-11-10061-DD
Officer Name and Title: QWW4-77005 *60-0—
Please PriW
Business Telephone Number 2' Y 35) IN —FAX:-2 1 VIIS 210 z r
E-Mail Address: ran, SAe � e 1,4L
� — �Y rL"n
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over S25,000): 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.
Page 7 of 26