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HomeMy WebLinkAboutResolution - 2011-R0144 - Contract - Neat Control Company - Granulated Fertilizer - 04_14_2011 (2)Resolution No. 2011-RO144 April 14, 2011 Item No. 5.23 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. 9914 for granulated fertilizer for various city properties, by and between the City of Lubbock and Neat Control Company of Ropesville, Texas, 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 April 14, 2011 TOM MARTIN, MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CON E T: S Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: -J, i i Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Neat Control Company j March 29, 2011 Resolution No. 2011—RO144 CONTRACT # 9914 CITY OF LUBBOCK CONTRACT FOR SERVICES Granulated Fertilizer for Various City Properties Bid No. 11-9914-DD THIS CONTRACT, made and entered into this 14th day of April, 2011, by and between the City of Lubbock ("City"), and Neat Control Company ("Contractor") of Ropesville, Texas. WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Granulated Fertilizer for Various City Properties 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 the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and services of the said Granulated Fertilizer for Various City 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: 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 the Granulated Fertilizer for Various City Properties specifically referred to as Item(s) No. 1 - 7 and more particularly described in the bid submitted by the Contractor or in the specifications. 2. The contract shall be for a term of one year, said date of term beginning upon City Council date of formal approval. 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 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 of 2124/201 IIQ purchasclbiddocumciiWDDl20111IT6-11-9914-DD 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 Per Occurrence: $1,000,000 General Aggregate Products-Comp/OP AGG Personal & Adv. Injury Contractual Liability Environmental Applicators Clean Up Coverage Automotive Liability Any Auto: $500,000 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. N241201 ItQfpurchasz/'biddoeumenWDD/201 1 /ITB-11-9914-DD 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. 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. 9. 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. 10. This Contract consists of the following documents set forth herein; Invitation to Bid #11-9914- DD, 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 Aartin, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED 57 Scott Snider, Assistant City Manager AP PR AST FORM: Assistant City Attorney 2f 24; 201 I IQfpurchasetbiddocuments/DD1201 I ATB- I 1-9914-DD CONTRACTOR BY//, 4�;V orized representative 357 �f /t/, Address Ile , -1� 7S ITB-11-M4-DD Gmnuiand FerWaw far Venous City Pmpwbm Resolution No. 2011-RO144 BID FORM GRANULATED FERTILIZER FOR VARIOUS CITY PROPERTIES CITY OF LUBBOCK, TEXAS ITB-11-9914-DD In compliance with tka Invitattod-to, Bid 11-991mDD, 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 famishing 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 11-9914-DD is by reference incorporated in this contract. The Bid Form most be completed in blue or black ink or by typewriter. ITEM APPLICATION ACRES PRODUCT APPLICATION COST PER EXTENDED (dates may vary) (approx.) RATE ACRE COST I, l' Application May 1 - June 30, 1,296 Granular Fertilizer 38-0- 0, 4% Sulphur, 3% Iron 141 lbs/acre $ a,11 �9 S 2011 2 --Applicatien-- - 4,294-- FertiliaeF-3 --- -,141-lbs4wre.- - g__ 4uae.l-Jccl;r.31--------- 4Ad% Sulphur, - --------- � , -A)` -2041------------- bon- 3 3rd Application 1,296 Granular Fertilizer 38-0- 141 Ibs/acrro L y 6 ell ' l -Aug 31, 10, 4% Sulphur, 3% �� 2011 Iron, 50% Sulphur Coated Urea TOTAL S ; - $ 142,715.52 ITEM MANUAL APPLICATION ACRES PRODUCT APPLICATION COST PER EXTENDED dates may vary) (approx.) RATE ACRE COST 4 1' Application 70 Granular Fertilizer 38-0- 141 Ibs/acre $ $ May I - June 30, 0 4% Sulphur, 3% Iron, y9 3 cj/b �% 30 2011 5 -2-Appliesfien- -- 70-- -------------- --I4I4bs4wm- - 4t 4 _ I uW3d; - - - - - - -GranilOrfe HOW-M-0- - -- - -- - -- _ Lq, 7' T `J� 3041---- ------ -0-49/1Sulplwrr3pl.-iron -- 6 Yd Application 70 Granular Fertilizer 38-0- 141 Ibs1wre Aug 1- Aug 31, 10 46/6 Sulphur, 3% Iron 70, 2011 50% Sulphur coated ` Urea TOTAL mimmi E _jW1i7d',=1 $ 7U Bidders Initials Page 4 of 58 ITB-11-M4-DD Oram4ftd Fwgizer for Ve $mA CHy Pnow9 s ITEM FIRE STnTION S ACRES APPLICATION COST PER EXTENDED APPLICA'r10N (approx.) PRODUCT RATE ACRE COST dates may vary) 7 1" Application 15.68 Granular Fertilizer 38- 141 S