HomeMy WebLinkAboutResolution - 2012-R0091 - Contract - Circle R Lawn And Sprinkler Company - Granular Fertilization - 03_06_2012Resolution No. 2012-R0091
.garch 6, 2012
Item No. 5.14
RESOLUTION
IE 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
.xecute for and on behalf of the City of Lubbock, Contract No. 10515 for granular
ertilization for various parkland properties, by and between the City of Lubbock and
'ircle R. Lawn and Sprinkler Company, and related documents. Said Contract is
kttached hereto and incorporated in this resolution as if fully set forth herein and shall be
ncluded in the minutes of the City Council.
L'assed by the City Council on
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CON T:
Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
VrA
Chad Weaver, Assistant City Attorney
March 6, 2012
(�T�
TOM MARTIN, MAYOR
vw:ccdocs/RES.Contract-Circle R Lawn & Sprinkler Co.
February 15, 2012
Resolution No. 2012-ROO91
CONTRACT NO. 10515
CITY OF LUBBOCK, TX
CONTRACT FOR SERVICES
FOR GRANULAR FERTILIZATION FOR VARIOUS PARKLAND PROPERTIES
THIS CONTRACT, made and entered into this 6th day of March, 2012 by the City of Lubbock,
Texas, by and between the City of Lubbock ("City"), and Circle R Lawn and Sprinkler Company
("Contractor") of Lubbock, Texas.
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Granular Fertilization for Various
Parkland 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 authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the
purchase and delivery of the said Granular Fertilization for Various Parkland 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 attached hereto and made part hereof, Contractor will deliver to the City Granular
Fertilization for Various Parkland Properties specifically referred to as Item No. 1 and more
particularly described in the bid submitted by the Contractor or in the specifications attached
hereto.
2. The contract shall begin upon City Council date of formal approval and shall be executed in
accordance with the 2012 Parkland Turf program attached hereto. Application dates may vary.
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
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 terns 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:
TYPE
General Liability
Commercial General Liability
Automotive Liability
Combined Single Limit
Any Auto
Workers Compensation
Employer's Liability
AMOUNT
$ 1,000,000
$500,000
Statutory Amounts
S500,000
The City of Lubbock shall be named as primary additional insured on a primary and
Non -Contributory basis on General Liability, with a waiver of subrogation in favor of the
City of Lubbock on all coverages. All copies of the Certificates of Insurance shall
reference the project name or bid 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.
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.
8. 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, 12-10515-
Cl, Granular Fertilization for Various Parkland Properties, General Conditions, Specifications,
and the Bid Form.
10. The City reserves the right to exercise any right or remedy 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
Tom Martin, Mayor
ATTEST:
Rebe a Garza, City Secretary
A�OVED AS TO CON T:
Scott Snider, Assistant City Manager
A.pPR AS FORM:
Assistant City Attorney
CONTRA�CTQR
BY'
A uthori zed1t*f4sentati ve
Print Name
c)11 r_�,,qAl. S�veA
Address
City, State, Zip Code
Resolution No. 2012-R0091
I'I'H 12-10515-Cl, (;r:mular Fertilization for Various Parkland Properties
City of Lubbock, Texas
Purchasing and Contract Management
BID FORM
In compliance with the Invitation to Bid 12-10515-CI, the undersigned Bidder having examined the Invitation to did and
Specifications, and being familiar with the conditions to be met, hereby submits the tollowing 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 valued, or
irregularities of any kind. The Invitation to Sid 11-105154 1 is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
ITEM
APPLICA13UN
UNIT OF
PRODUCT
APPLICATION
COST PER
EXTENDED
(dates may vary)
MEASURE
RATE
ACRE*
COST
1'° Application
1.
May I —June 30,
1,287 Acres
Granular Fertilizer 38-
144 pounds per
S
0-0 4% Sulfur, 3% Iron
acre
2012
2
2"d Application
87
],2Acres
Granular Fertilizer 38-
144 pounds per
p
S �� 1
$ Q
��)�
Jun 15 —Jul 31,
0-0 4% Sulfur, 3% Iron
acre
_
2012
3`d Application
Granular Fertilizer 38-
3.
Aug f —Aug 31,
1,287 Acres
0-0 4% Sulfur, 3% Iron,
144 pounds per
S [ �
$(� � LI
"1
50% Sulfur Coated
acre
l�
2012
Urea
Total Cost I S n A,ao
(Cost per acre will prevail in the case of discrepancies.)
"COST PER ACRE: F.O.B. aextination, Freight Prr-Paid and Allowed
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.
I113 121-1051541, Uranular Fertilization liar Various Parkland Properties
PAYMEN F FER,MS AND DISCOI iNTS - Bidder offers a prompt paytncnt discount of 0..net calendar days.
unless otherwise indicated on the Bid Form, payment terms will he NET'I'I11R I Y DAYS. the City will pay the successful
kidder within thirty days after the receipt of a correct invoice or after the (late of acceptance, whichever event occurs later.
Discounts fi)r prompt payment requiring payment by the City within :t stipulated number of days will he interpreted as
applying within the stipulated number of calendar days after the date of receipt by the City cat a correct invoice or after the
date of acceptance that meets contract requirements, whichever event occurs later. Discounts lbr payment in less than ten
days will not be considered.
mos'r 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 producWservices 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 fir sale to any other customer, an equal or less quantity of' similar contract products of like or
better quality, at a lower net prices) than provided herein, supplier agrees to notify the City and sell same products) at the
lower price(s) on all deliveries made during the period in which such lower prices) is effective.
INTERLOCAL PURCHASING (optionah: i he City desires to make available to other local governmental entities of the
State of fexas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as
provided for by the Intertocal 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 i f
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 Covernments. 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/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 fur another
-oNermnental entity's debts, each governmental emt(y will order their own Inatcrialsservice as needed.
I 11 12-10515-CI.6ranular Fertilization for Various Parkland Properties
THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of
or a partnership consisting of_ or individual trading as
� r�Wm � S. � .�— — __ of the City of
Firm:—C-N tr\e- � �-r:.. znrl -� Sip C Nh , .�
Address, ?,S11 Sri tI,}re&\
City: State,7x Zip gCA410)
Bidder acknowledges receipt of the following addenda:
Addenda No. Date_ _
Addenda No. Date
Addenda No. _ Date_ _
Addenda No, Date_
M/WBE Firm:( J_ Woman f Black American I f Native American
—T Hisoanic American T-Asian Pacific Americi T Other (St)eeifvl
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures,
distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is
required under the Tex. Occ, Code, Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of
Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and
provide al I applicable current valid licenses issued by the State of Texas:
I. Name and Manufacture's License No.
2. Name and Converter's License No.
3. Name and Representative's License Igo.
4. Name and Franchise Dealer's License No.
General Distinguishing No, (Franchised TX dealer)
- must sign by hand
Officer Name and Title:_ kl!k-
VA-
Please Print
00
Business Telephone Nwnber (2C 6 ! FAX: 7 Q —0p "
E-mai I Address: i t-) � lt'M\al\ Cn `yM
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for hith omr $25,000): Dale P.O./C'ontract 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.
City of Lubbock, TX
Parks Recreation
Bic! Tabulation
March 6, 2012
ITB 12-10515-Cl
Granular Fertilization for Various Parkland Properties
Item Qty U/M Description/Vendor Location
1 1,287 ACRES 1st Application - Granular Fertilizer 38-0-0
Circle R Lawn & Sprinkler Lubbock,'FX
'Furfmaster Irrigation & Landscape Lubbock. TX
Tru Grccn Company Odessa, TX
Overall Total
Circle R Lawn & Sprinkler Lubbock, TX
Turfmaster Irrigation & Landscape Lubbock, TX
Tru Grcen Company Odessa, TX
Unit Cost Extended Cost
43.81 $ 56,383
5 L00 65,637
69.00 68.803
5 56,383
65,637
88,803
I Nv [A'Sh". flli I'.I0 11 ,'1