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HomeMy WebLinkAboutResolution - 2011-R0267 - Contract - BWI Companies Inc.- Pesticide And Herbicide Annual Pricing - 06/23/2011Resolution No. 2011--110267 June 23, 2011 Item No. 5.11 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. 10061 for pesticide and herbicide supplies -annual pricing, by and between the City of Lubbock and BWI Companies, Inc. of Carrollton, 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 ATTEST: P 9-47 Rebe ca Garza, City Secret ry APPROVED AS TO CO ENT: �n Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocsfRES.Contract-BWI Companies, Inc. June 4, 2011 June 23. 2011 TOM MARTIN, MAYOR Pesticide and Herbicide supplies -Annual Pricings ITBA1-10061-Do Resolution No. 2011-RO267 CONTRACT # 10061 CITY OF LUBBOCK CONTRACT FOR SERVICES Pesticide and Herbicide Supplies -Annual Pricing Bid No. 11 -10061 -DD THIS CONTRACT, made and entered into this 23`d day of June, 2011 by and between the City of Lubbock ("City"), and BWI Companies, Inc. ("Contractor") of Carrollton, Texas. WITNESSETH: WHEREAS, the City of Lubbock duly 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 Supplies specifically referred to as Item(s) 2,3,6,7,12,13 and 15 and more particularly described in the bid submitted by the Contractor or in the specifications, attached hereto. 2. The contract shall be for a period of (1) 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 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. 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 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 7. 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. 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. This Contract consists of the following documents set forth herein; Invitation to Bid # 1 1 -10061 -DD, 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 Tam Martin, Mayor ATTEST: 9&6�8_�C­ 3K Rebelca Garza, City Secreta APP9VED AST ONTE T Scott Snider, Assistant City Manager APPRO A O FORM: Assistant City Attorney CONTRA O BY Aut orized Representative 14/9 vPFjJ Z) KD Address Page 2 of 2 Resolution No. 2011–RO267 Pesticide and Herbicide Supplies -Annual Pricings ITB -1140061 -DO City of Lubbock, Texas Purchasing and Contract Management Pesticide and Herbicide Supplies - Annual Pricing BID FORINT 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. The Bid Form must be completed in blue or black into or by typewriter. Page 4 of 26 DELIVERY ITEM QTY UNIT OF DESCRIPTION OF *UNIT EXTENDED DAYS MEASURE ITEM PRICE COST ARO** (More or Less) CONTRACT A. B. C D. E. F. = B. x E. 1, 6 2 %z Gallon Arsenal $ $ Containers. As go -BID s ecified 2. 4 12 Containers per Deet �f���� 7-0 7 i>D Case. Asspecified 4 iQr 131. zo 3. 32 Quart. Asspecified Defoamer 4. 48 2'/z Gallon Glyphosate Containers. As Z(o �',Z57. 1 Z_ specified 5. 160 1 Gallon Marker Dye X14 G 4o, o o Containers. As specified 6. 10 2 '/z Gallon MSMA g c () Containers. As ��ol Gib specified 7. 8 1.25 Gallon Permethrin TC Containers. As 39,14 Sol 1052 specified `Y 446~00 8. 2 2 %s Gallon Reward $4.00/Sot Containers. As S rarnt_ specified Q. 2 12 Containers per Soap -lel -Water , (© ! � f � Case. Ass specified 10. 16 2 'h Gallon Surfactant )16f 316,-1161-2'r r t q Containers. As II z ti (p s ecified Page 4 of 26 Pesticide and Herbicide Supplies -Annual Pricings ITB -11-10061-0D 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. 11. 4 12 Containers per Total Release $ &,y $ Case, Ass specific 12. 5 12 Containers per Wasp Spray 7,7G �rS Case asspecified 13. 100 l Gallon Whole Control Z �4L, v5 Containers as specified 44'k tal �� Lv7'5 �-'Li $-7 151 /�� 14. 160 25 pound bag as Amdro Pro 17 O, `t4 1 69 Z 7, 9-8-110 specified Z"b' 5716 15. 160 25 pound bag as Award 3Z,%%-9.2-0 specified Surfactant 16. 20 Gallons as specified 4!"l ­SC 40TS 001-1 �i �t ct}sc.— za s,r+t TurPrtl 17. 30 Gallons as Sirnizine 4L Lj 3A 21gzt 13,1-7. f 0 specified z394f, 7(s 18. 115 Gallons as TripletZ,C)�, specified VC= 55 L ! '7• , 1 Ib �cl iOT/FL 19. 20 Cases as specified Weevil -tide (Tablets) r jv Frj 20."20,,onsall as Aqua -Masker `�r0' aZj Z•��cified_ 20 gaiyrorprL- Overall Total: $ ��3. *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 _ 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 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 IT13-11-10061430 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 producWservices; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/seryices 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, YESL,--' 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 � � Co_ k-1 AgtCS, 1ACC. the laws of the State of _E -/. orS , or a partnership consisting of or an individual trading as of the City of corporation organized under Firm: (rcwv;2At.ttrS, IAC. Address: i�-t l $ u��+ E"L 7 tz� City: '�IE2ZC>LLrDA,( State: T� Zip `T��o� M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Page 6 of 26 Bidder's Initials By Pesticide and Herbicide Supplies - Annual Pricings IT13-11-10061-00 G1-21-! I rtut orized Representative�- must sign by hand Name and Title: � {awl c `� Please Print Business Telephone Numbe r(%vo-) J 52- L G3'- FAX: (-j-iz) t4z-7L 75— E -Mail Address: 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