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HomeMy WebLinkAboutResolution - 2011-R0095 - Contract - Neat Control Company - Pre/Post Emergent Services - 02/24/2011Resolution No. 2011-R0095 February 24, 2011 Item No. 5.21 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. 9915 for pre emergent and post emergent 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 February 24, 2011 yin TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONT T': Scott Snider, Assistant City Manager Community Services APPROVE AS O FORM: �r i Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Neat Control Co February 8, 2011 Resolution No. 2011-80095 CONTRACT # 9915 CITY OF LUBBOCK CONTRACT FOR SERVICES PRE EMERGENT & POST -EMERGENT FOR VARIOUS CITY PROPERTIES Bid No. 11 -9915 -DD THIS CONTRACT, made and entered into this 24th day of February. 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 Pre Emergent & Post Emergent 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 acceptanced of 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 Pre Emergent & Post Emergent 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 and service to the Pre Emergent & Post Emergent Services specifically referred to as Item(s) No. 1 - 8 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. 5. The Contractor shall perform the work according to the procedure outlined in the specifications, hazard communication 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. IT& l 1-991 i-DD/Qlpucchsselhiddocuments 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 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 LU3BOCK 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. rrB-11-4915-MiQipurch�biddocumems 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 immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 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 -9915 - DD, General Conditions, Specifications, Hazard Communications 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: APPRO 4 TO ORM: Assistant City Attorney ITB- It-4415-DDrQ/pi hese/biddocuments CONTRA TOR BY/ ° A orized Representative AAdress 4L24 5c/. %%p TX 7�-3 � �. Resolution No. 2011—R0095 ITB 11 -9915 -DD PRE EMERGENT & POST EMERGENT FOR VARIOUS CITY PROPERTIES PUBLIC BID OPENING DRAFT TAB SHEET February 7, 2011 PARKS Name of Bidder Locations Lump Sum Cost Gorman Outdoor, Inc. Lubbock, TX $ 127,632.66 Cutting Edge Lawn Service Lubbock, TX 131,527.17 Circle R Lawn & Sprinkler Lubbock, TX 168,308.48 Neat Control, Company Ropesville, TX 127,305.83 FIRE STATIONS Name of Bidder Location Lump Sum Cost Gorman Outdoor, Inc. Lubbock, TX $ 4,950.46 Cutting Edge Lawn Service Lubbock, TX 1,866.55 Circle R Lawn & Sprinkler Lubbock, TX 5,482.19 Neat Control, Company Ropesville, TX 1,775.45 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of -1t6" %, net— calendar days. Discounts will not be considered in determining tow 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/seryices; 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 79I, 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/seryices 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 1S SUBMITTED BY 41tAI— e6t..L01Cf J to, a corporation organized under the laws of the State of , or a partnership consisting of or an individual trading as /L LA. -r ),,t_f t LO. of the City of ZLlb 4 tie Firm: A20_4 1 69 w -Vvlc, C f ¢ -- Address: "-,I t -l—/,) t/C 12,0 - - City: Rg2jP,S C), He State:Zip M/W BE Firm: Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American By 0� Date: Authorized Representative - mast sigh by hand Officer Name and Title:' L'o d C Please Print Business Telephone Number ( C-6 6) .�- 9/— 4f)-6 � FAX: dv'4 J 69 �Y UU 6 S I E -Mail Address:. % t4e, %t ly ( ggk Ce— .4 D t. & ri t FOR CITY USE ONLY Bid corm Item Number(s) Awarded to Above Named Firm/Individual: Datc urAwmd by GEy Council (for bid% over $25,000): Date P.O./Cuniracl lssusxl. 1.�Itl 1. Illk (c( Itill)l J)w 1Jj1 1l ,I. 1111)lil131m11 1111 lilt \I x1 SFw gol o i1)�11 a\10 11\1[. %N, 1) 1"00 R f ()NIP % N N % % N I V %N%D .1DDR1. "ti Resolution No. 2011-ROO95 City of Lubbock, TX Parks and Fire Bid Tabulation Analysis February 24, 2011 BID 11 -9915 -DD Pre -Emergent & Post Emergent for Various City Properties Item Qty U/M Descri tionNendor Location Per Acre Total 1 1,374 Acres Application - Feb 15 - Mar 31, 2011 Neat Control, Co. Ropesville, TX 5 12 16,584 Cutting Edge Lawn Service Lubbock, TX 13 17,450 Circle R Lawn & Sprinkler Lubbock, TX 20 26,999 Gorman Outdoor, Inc. Lubbock, TX 21 28,387 2 1,951 Acres Application - Apr 15 - May 15, 201 1 Gorman Outdoor, Inc. Lubbock, TX 22 41,947 Neat Control, Co. Ropesville, TX 25 48,729 Cutting Edge Lawn Service Lubbock, TX 26 50,511 Circle R Lawn & Sprinkler Lubbock, TX 31 59,662 3 1,951 Acres Application - Sept. I - Oct. 15, 2011 Gorman Outdoor, Inc. Lubbock, TX 27 52,326 Neat Control, Co. Ropesville, TX 29 57,418 Cutting Edge Lawn Service Lubbock, TX 30 58,491 Circle R Lawn & Sprinkler Lubbock, TX 39 76,674 4 5,075 Acres Colorant Gorman Outdoor, Inc. Lubbock, TX 0,98 4,974 Circle R Lawn & Sprinkler Lubbock, TX 0.98 4,974 Cutting Edge Lawn Service Lubbock, TX 1.00 5,075 Neat Control, Co. Ropesville, TX 1.00 5,075 5 16 Acres Application - Feb l5 - Mar 31, 2011 Neat Control, Co. Ropesville, TX 34 526 Cutting Edge Lawn Service Lubbock, TX 35 565 Gorman Outdoor, Inc. Lubbock, TX 86 1,345 Circle R Lawn & Sprinkler Lubbock, TX 103 1,612 6 16 Acres Application - Apr 15 - May 15, 2011 Neat Control, Co. Ropesville, TX 34 526 Cutting Edge Lawn Service Lubbock, TX 35 554 Gorman Outdoor, Inc. Lubbock, TX Ho 1,725 Circle R Lawn & Sprinkler Lubbock, TX 118 1,844 7 16 Acres Application - Sept. 1 - Oct. 15, 201 1 Meat Control, Co. Ropesville, TX 43 677 Cutting Edge Lawn Service Lubbock, TX 45 712 Gorman Outdoor, Inc. Lubbock, TX 117 1,835 Circle R Lawn & Sprinkler Lubbock, TX 126 1,980 2-'24 201 d'Wurch—a HuWceumenw,20 f 1 1 City of Lubbock, TX Parks and Fire Bid Tabulation Analysis February 24, 2011 Item Qty UTAI DescriptionNendor Location Per Acre Total 8 47 Acres Colorant Gorman Outdoor, Inc. Circle R Lawn & Sprinkler Neat Control, Co. Cutting Edge Lawn Service Overall Total Neat Control, Co. Gorman Outdoor, Inc. Cutting Edge Lawn Service Circle R Lawn & Sprinkler Lubbock, TX 0.98 46 Lubbock, TX 0.98 46 Ropesville, TX 1.00 47 Lubbock, TX 1.00 47 Ropesville, TX Lubbock, TX Lubbock, TX Lubbock, TX 2i_21 2fII l njBldd�umenWDi 11 2 129,081 132,583 133,394 173,790