HomeMy WebLinkAboutResolution - 2018-R0176 - Clarke Mosquito Control Products - 05/24/2018Resolution No. 2018-RO176
Item No. 5.11
May 24, 2018
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. 14010 for Mosquito Larvacide and
Adulticide Chemicals as per ITB 18-14010-KW, by and between the City of Lubbock and
Clarke Mosquito Control Products, LLC, of St. Charles, Illinois, 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 24, 2018
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JEFF GRIFFITH, MAYOR PRO TEM
TEST:
J A —
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Bill HowertoWAssistant City
APPROVED AS TO FORM:
Ryanlffro ce, Assistant City Attorney
ccdocs/RES.Contract 14010.Mosquito Larvacide and Adulticide Chemicals
05.01.2018
Resolution No. 2018-RO176
Contract 14010
City of Lubbock, TX
Contract for
Mosquito Larvacide and Adulticide Chemicals
THIS CONTRACT made and entered into this 24t" day of May, 2018, by and between the City of
Lubbock ("City"), and Clarke Mosquito Control Products, LLC, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Mosquito Larvacide and Adulticide
Chemicals and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase
and delivery of the said Mosquito Larvacide and Adulticide Chemicals.
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 are attached hereto
and made part hereof, Contractor will deliver to the City, Mosquito Larvacide and Adulticide
Chemicals and more specifically referred to as items three, four, six, and eight on the bid
submitted by the Contractor or in the specifications attached hereto.
2. 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 contract shall be for a term of one year term with the option of a one year extension, said
date of term beginning upon formal approval. All stated annual quantities are approximations of
usage during the time period to be covered by pricing established by this bid. Actual usage may
be more or less. Order quantities will be determined by actual need. The City of Lubbock does
not guarantee any specific amount of compensation, volume, minimum, or maximum amount of
services under this bid and resulting contract. The Contractor must maintain the insurance
coverage required during the term of this contract including any extensions. It is the
responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and
Contract Management Department as required by contract or contract may be terminated for non-
compliance.
4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. 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.
5. 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.
6. INSURANCE COVERAGE REQUIRED
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed
Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named
underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall
furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE
NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE
SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. 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 coverages 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.
SECTION C. 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
TYPE OF INSURANCE
GENERAL LIABILITY
X Commercial General Liability
❑ Claims Made X Occurrence
❑ W/Heavy Equipment
To Include Products of Complete Operation Endorsements
PROFESSIONAL LIABILITY
AUTOMOTIVE LIABILITY
X Any Auto
❑ Scheduled Autos
❑ Non -Owned Autos
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑ All Owned Autos
❑ Hired Autos
❑ BUILDER'S RISK
❑ INSTALLATION FLOATER
X POLLUTION
❑ CARGO
WORKERS COMPENSATION — STATUTORY AMOUNTS
OR
EMPLOYERS' LIABILITY
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
COMBINED SINGLE LIMIT
General Aggregate 1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Aggregate 1,000,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Other than Auto Only:
Each Accident
Aggregate
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
1,000,000
City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
To include products of completed operations endorsement.
Waiver of subrogation in favor of the City of Lubbock on all coverages, except
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all endorsements
thereto and may make any reasonable request for deletion, revision, or modification of particular
policy terms, conditions, limitations, or exclusions (except where policy provisions are established by
law or regulation binding upon either of the parties hereto or the underwriter of any of such policies).
Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such
changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days' notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together
with the indemnification provision, shall be underwritten by contractual liability coverage
sufficient to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1625 131h Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents
as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by
the insurance company exonerate the Contractor from liability.
7. 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.
8. The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
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
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JEFF GRIFFITH, MAYOR PRO TEM
TEST:
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Rebecca Garza, Ci y Secretary
AP VE AS TO CO TENT:
K therine Wells, Director of Public Health
APPROVED AS TO FORM:
R n rooke, Assistant City Attorney
CONTRACTO
BY - t-l'/
Authorized Representative
1- (-ry rd vn A-nJe r ,,o r-1
Print Name
(,-IS
Address
T. Ck,,r%R Z �D114
City, State, Zip Code
City of Lubbock, TX
ITB 18-14010-KW
Mosquito Larvacide and Adulticide Chemicals
Specifications
1. Intent
The City of Lubbock is requesting bids for mosquito larvacide and adulticide chemicals. The
vendor must provide written documentation that the product meets the required specifications.
MSDS sheets must come with each shipment.
2. Statement of Work
The following is the breakdown of the mosquito larvacide/adulticide chemicals and the bid
specifications.
Larvicides
Product: Liquid concentrate BTI 12 AS or Approved Equal
Contains: Bacillus thuringiensis israelensis (BTI)
Container Size: 5 gallon cases (2-2.5 gallon containers)
Estimated Quantities: 200 gallons
Product: Surface Oil Larvaecidal film agent or Approved Equal
Contains: Monomolecular film
Container Size: 5 gallon cases (2-2.5 gallon containers)
Estimated Quantities: 200 gallons
Product: 30 day extended release multi brood larvaecidal pellet or Approved Equal
Contains: Temephos
Container Size: 2-22 lb. jugs/cases
Estimated Quantities: 35 cases
Adulticides
Product: U. L. V. Concentrate or Approved Equal
Contains: 12% Chlorpyrifos and 4% Permethrin
Container Size: 275 gallon tote container
Estimated Quantities: 1650 gallons
Delivery Truck Must Have a Lift Gate
Product: BTI Granular minimum 2.86 % solid, spores and insecticidal toxins
Container Size: 30 oz container or 20 lb container
Estimated Quantities: 6 containers
Product: BTI Briquettes (mosquito dunks) with a minimum 10.31 % solid, spores and
insecticidal toxins
Container Size: Per case
Estimated Quantities: 20 cases
S: Purchase/Bid Uocs/ITB 18-14010-KW Mosquito Larvacide and Adulticide Chemicals
31
Product: ULV concentrate 96.5% Malathion or approved equal
Container Size: Gallon
Estimated Quantities: 225 Gallons
3. Delivery Location
City of Lubbock
Vector Control Department
102 Municipal Drive
Lubbock, TX 79403
Attn: Katherine Wells
Phone Number 806-767-2941
S: Purchase/Bid Docs/ITB 15-14010-KW Mosquito Larvacide and Aduliicide Chemicals
32
City of Lubbock
Bid ITB 18-14010-KIN
BID FORM
Mosquito Larvacide and Adulticide Chemicals
City of Lubbock, TX
ITB 18-14010-KW
In compliance with the Invitation to Bid 18-14010-KW, 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. A bid will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit
prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The
Invitation to Bid 18-14010-KW is by reference incorporated in this contract. The Bid Form must be completed in blue or
black ink or by typewriter.
QTY
UNIT
EXTENDED
Delivery
ITEM
(+/-)
U/M
DESCRIPTION
PRICE BID
COST
Days
(B)
=(A X B)
ARO*
A
Liquid Concentrate BTI 12 AS, or Approved Equal, to
$ 42.71
$8,542.00
24
containers) Vectobac 12AS
Surface Oil Larvaecidal Film Agent, or Approved
UL
containers) Coco Bear
3.
35
CS
30 Day Extended Release Multi Brood Larvaecidal
$623.20
$21,812.00
2-4
Pellet, or Equal to, to be delivered in 2-221b. jugs/case
Natular G30
U.L.V. Concentrate, or Approved Equal, Contains
4.
1650
GL
12%Chlorpyrifos & 4%Permethrin, to be delivered
$36.75
$60,637,50
2-4
in 275 gallon containers. Delivery Truck Must Have
Lift Gate. Mosquito Master 412
0
Container
insecticidal toxins
6.
6
20 LB
BTI granular minimum 2.86%, solid, spores and
$94.401401b
2-4
Container
insecticidal toxins
Vectobac G - 40 lb bag
bag
lb bags
BTI bri uettes (mo uito dunks) with a minimum
1705UHU, bFuluzko
Summit SO Briquettes
8.
225
GL
Adulticides-ULV concentrate 96.5% Malathion or
$38.50
$8,662.50
24
approved equal Mosquito Mist 1.5
Total Extended Cost (Items 1-8)
$91 678.4
•ARO, After Receipt of Order
S Purchasc/Bid Doc&TM 18-14010•KW Mosquito Larvacide and Adulticide Chemicals
4
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City of Lubbock
Bid ITS 18-14010-KW
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.
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 N/A %, 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 it 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.
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 Woifforth.
YES x 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 BYCtarke Mosquito Control Products,dnrcorporation organized under the laws of the State of
Illinois , or a partnership consisting of
of the City of
or individual trading as
Firm: Clarke Mosquito Control Products, Inc
Address: 675 Sidwell Ct
City: St Charles State: IL Zip 60174
Bidder acknowledges receipt of the following addenda:
S Purchase/Did DocsATli i8-14010-KW Mosquito Larvacide and Adulticidc Chemicals
5
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City of Lubbock
Bid ITB 18-14010-KW
Addenda No. Date
Addenda No. Date
M/WBE Firml I Woman I I B
I I Hispanic American I I A
AZcer
riz pv6entative - must sikm by hand
O Name and Title: Joel Fruendt VP & GM
Please Print
Native
3
Business Telephone Number 800-323-5727 FAX: 630-443-3070
E-mail Address: customercare clarke.com
FOR CITY USE ONLY
Bid Form Item Numbcr(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50,000): Date P.OJContmct Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
e
S PurchasclBtd Docs/ITB 18-140MKW Mosquito Larvacide and Adulticide Chemicals
6
3/22/2018 2,59 PM J'. 8
`
- 4p
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-333620
Clarke Mosquito Control Products, Inc
St. Charles, IL United States
Date Filed:
04/03/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 18-14010-KW
mosquito control products
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is J-0 t�_l ��1RE n� % and my date
of birth is ,/-
My'address is 03 5 ., t1 bci' �7 iue
(✓ i %�
(street) (city)
(state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in C, n P. County, State of yL , on the L day of A 0 f t ( 20
-(month)
(year)
1 /
i Sigria e of authorized agent of contracting business entity
✓ (Declarant)
i-orms provided oy I exas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-333620
Clarke Mosquito Control Products, Inc
St. Charles, IL United States
Date Filed:
04/03/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
05/03/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 18-14010-KW
mosquito control products
4
Name of Interested Parry
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523