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HomeMy WebLinkAboutResolution - 2008-R0172 - Contract - Estes Inc.- Pesticide And Herbicide Supplies - 05_08_2008Resolution No. 2008-RO172 May 8, 2008 Item No. 5.2 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract and any associated documents by and between the City of Lubbock and Estes, Inc., of Lubbock, Texas, for pesticide and herbicide supplies —annual pricing per ITB 08-033-FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this _8th day of DAVID A. MILLER, MAYOR ATTEST: Rebe ca Garz4 City Secretary APPROVED AS TO CONTE Scott Snider, Assistant City Manager/Community Services Director i APPROVED AS TO FORM: Don Vandiixer, Atfornev of Counsel D Dres/Estesl ncNCon Res April 29, 2008 12008. Resolution No. 2008—RO172 CITY OF LUBBOCK CONTRACT For Pesticide and Herbicide Supplies -Annual Pricing ITB #08-033-FO THIS CONTRACT, made and entered into this 8th day of May, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Estes Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for 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 heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Pesticide and I Icrbicide Supplies -Annual Pricing 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 attached hereto and made part hereof, Contractor will deliver to the City the Pesticide and Herbicide Supplies specifically referred to as Items) No. 4, 7. 8, 10, and more particularly described in the; bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective chan4ize in the Consumer Price Index (CPI) or Product Price Index (Pill), whichever is the most appropriate for the specific contract for the Previous first year. 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. Listed quantities are estimate only. Actual quantities may vary. 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. j, The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. G. 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 to] - or on behalf of City. S. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing froni this Contract without the written consent of the other. 08-033-F0. 21 9. This Contract consists of the following documents set forth herein; Invitation to Bid #08-033-FO, 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 David A. Miller, Mayor ATTEST: Rebe ca Garza, City Secretary CONTRACTOR BY I' I . , r—) �� Author e epresentative - 1 7?0 , 6cG Address j ✓ � r 0t PC �� APPROVED A TO CON TENT: i -�:� � 011F Scott Snider, Assistant City Manager/ Community Service 08-033-FO. 22 Resolution No. 2008—RO172 SUBMIT TO: CITY OF LUBBOCK ; ! CITY OF LUBBOCK TEXAS purchasing &Contract Management /j � 1625 13"' Street, Rm 204 r( �� i Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Felix Orta EMPLOYER #08-033-FO TEL: 806.775.2167 FAX: 806.775.2164 littp:/,Ipurchasing.ei,lubbock.tx.us TITLE: Pesticide and Herbicide Supplies -Annual Pricing SUBMITTAL DEADLINE: March 18, 2008, 3.00 p.m. CST PRE BID DATE, TIME AND LOCATION: DELETED. Amy bids received after the rime and date Aste'd apron•, regurdlecr afthe mode etfdelriwry, shall he returned unopened. RESPODENT NAME' LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: "NO IF RETURNING AS A BID". PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REIECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: N - C RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX N t REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S 165PONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MA[ v, l `� U� ' �(_C . WY� MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC.. OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FE-Dn AL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE _ RECEIVE? ASING MANAGER NO LATER THAN FIVE ;�) BY THE HTHE BUS INESSDDAYS PRIOR TOABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no orCcer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles parcIlosed. Will any officer or employee of the City, or member 01'their immediate family, benefit from the award of this bid to the above firm? YES NO IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM, AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my Signawre I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or servicc(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor. ,q " i TIqk ',—,T I �� Authorized SigFature Title Print/ type , ame Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 08-033-FO. BID FORM City of Lubbock Pesticide and herbicide Supplies - Annual Pricing ITB #08-033-FO In compliance with the Invitation to Bid # 08-033-FO, 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 # # 08-033-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT Extended Delivery ITEM QTY MEASURE DESCRIPTION PRICE* Cost Days OR APPROVED EQUAL BID ARO*'" a. b. C. d, e. = b -r e l . 160 BG (More Amdro Pro in 25 lb Bags. $ ' $� or Less 2 ] 60 BG (More Award in 25 lb Bags, $ _7 or Less) 3. 20 GL (More or Bind -It in I Gallon Containers Less) 4. 25 GL {More or Confront in I Gallon Containers $ Less) 5. 4 LB (More or Gallery in I lb Bags. Less) 6. ] 0 LB (More or Gopher Batt in I lb Bags. $ __7 Less) 7.I CS (More or Manage in 1.33 oz $ $ f � G Less) �- LD�� �,�s'� 8-1 BG (More Merit in 1.6 oz Bag t lv ( $ tzi $ (0 r or Less) y V�` q * 10 9. 4 PT (More or Poast in '/a Pints. $ '2�9- $ Less) 10. 62.5 GL (More or Surflan in 2.5 Gallon Containers $ \zjio ``� $ L )' [✓ `�c V h Less) ? I 1 I BG (More Talstar EZ in 1-25 lb Bag. or Less)' 12. 115 GL (More or Trimec 9 2`n 2.5 Gallon Containers $�' $ y Less)r . Overall Total V1j *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receiptlof Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for anN 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 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/services: does not include an clement of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality 08-033-Fo. 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 Statc 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 Munici�a] Power Agency, Lynn County, and City of Wolfforth. YES 7� NO • lfyou (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 BYa corporation organized under the laws of the State of � e 7=-/, , or a partnership consisting of or an individual trading as of the City of Firm: Address: 1 ,`�? City: I..LL L State: Zip1� 1 M/WBE I I Woman I Black American I I Native American Firm: Hispanic American I l I Asian Pacific + Other (Specify) American I I By — -L 1 - -- I-4-yVV— ti Date: Authorized Representative - must stign�by hand �} Officer Name and Title: Business Telephone Number(�� `� FAX: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 08-033-F0. City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: ( I ) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 1 P Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits mmajy be rejected. Local Business Name: Local Address (must be within the City limits): Address of the company's principal place of business within the United States: 1. Now many residents of the City of Lubbock are employed at the above business location? f 2. Year your business was established in the City of Lubbock; I Lei 1 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: 5 7 , Company Name and Address (as it appears on permit): p 4. Does your business have more than one otAle in the State of Texas? 'AV-1 Yes No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: Was s the local business required to pay business and/or real property tax for the most recent tax year? �— Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are trua and correct. It is further acknowledged that any person, firm. corporation or entity intentionally submitting false information to the City in an attcrmpt to qualify for eligibility shall be prohibited Pram bidding on City of Lubbock products and services for a period of uric (1) year. Authorized Signature: Date: Printed Name anti Title: �c��44-44 t? 06.033-F17. 4 City of Lubbock Pesticide and Herbicide Supplies - Annual Pricing ITS 008-033-FO SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: FEDERAL TAX ID or SOCIAL SECURITY N . Signature of Company Official: Printed name of company official signing above:' Date Signed: ; 4 V35� Fhe Proposer must complete, sign and return as part of their submittal response. 08.033-F0.