HomeMy WebLinkAboutResolution - 2013-R0268 - Contract - BWI Dallas_Ft. Worth - Pesticide And Herbicide Supplies - 08_22_2013Resolution No. 2013—RO268
August 22, 2013
Item No. 5.5a
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. 11407 for pesticide and
herbicide supplies for various parkland properties, by and between the City of Lubbock
and BWI Dallas"Ft.Worth, 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 August 22 201
G C. RdbtRTSON, MAYOR
ATTEST:
Re'ce a Garza, City Secret
APPROVED AS TO COt NT:
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocsRES.Contract-B W I
July 26, 2013
CONTRACT 11407
City of Lubbock, TX
Contract for Services
For Pesticide and Herbicide Supplies for Various Parkland Properties
THIS CONTRACT made and entered into this 22nd day of August, 2013, by and between the City
of Lubbock ("City"), and BWI Dallas/Ft. Worth, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Pesticide and Herbicide Supplies
for Various Parkland Properties 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 Pesticide and Herbicide Supplies 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 are attached
hereto and made part hereof, Contractor will deliver to the City, Pesticide and Herbicide
Supplies for Various Parkland Properties and more specifically referred to as Exhibit A 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.
3. The Contractor shall perform the work according to the procedures outlined in the Bid Form
and Specifications attached hereto. The contract shall be for a term of one year, with the option
of two, one year extensions, said date of term beginning upon formal approval. The City does
not guarantee any specific amount of compensation, volume, minimum or maximum amount of
services under this contract.
4. This contract shall remain in effect until the expiration date, performance of services ordered,
or termination of 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.
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. 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:
TYPE
AMOUNT
General Liability
Commercial General Liability 500,000
General Aggregate
Automotive Liability 500,000
Combined Single Limit
Any Auto
Workers Compensation Statutory Amounts
The City of Lubbock shall be named as 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. Copies of all endorsements are required.
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.
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.
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.
9. 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.
10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13-
11407-TL, and 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
G I eg. obe on, Mayor
ATTEST:
Rebtca Garza, City Secre"ru
ArRO AO CO NT:
Scott Snider, Assistant City Manager
APP D S TO FORM:
Assistant City Attorney
BrAuepresentarive
P t Name
Address
AZ-ZJLLTd4 1 7r1(
City, State, Zip Code
City of Lubbock, TX
BWI Dallas/Ft. Worth
Exhibit A
ITB 13-11407-TL
Pesticide and Herbicide Supplies for Various Parkland Properties
Item
Qty
U/M
DescriptionNendor
Unit Price
Extended Cost
3
32
QT
Defoamer
5
164
4
48
2 I/2 GL CO
Glyphosate
37
1,708
6
10
2 1/2 GL CO
MSMA
53
539
10
16
2 1/2 GL CO
Surfactant
20
324
12
5
12 CO Per CS
Wasp Spray
31
158
15
160
25 LB BG
Award
221
35,440
16
20
GL
Surfactant
8
167
17
30
GL
Simizine 4L
15
453
18
115
GL
Triplet
23
2,680
20
20
GL
Aqua -Master
19
385
Item by Item:
BWI/Dallas Ft. Worth
$
42,018
7n7noI3.Q:P=h=M3idb %rrB u-11+07-7L%Tnbshat
BLD FORD[
Pesticide and Herbicide Supplies for Various Parkland Properties
City of Lubbock, TX
1TB No. 13-11407-TL
In compliance with the Invitation to Bid 13-11407-TL, 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 13-11407-TL is by reference incorporated in this contract. The Bid Form
must be completed in blue or black Ink or by typewriter.
ITEM
A.
QTY
(+/-)
B.
UNIT OF
MEASURE
C.
DESCRIPTION
D.
UNIT PRICE*
BID
E.
EXTENDED
COST
F=BxE
Delivery
Days
ARO**
1.
6
2 %: Gallon
Containers.
Arsenal
2.
4
12 Containers
Deet
GS
3.
32
Quart.
Defoamer
4.
48
2 % Gallon
Containers.
Glyphosate
37 t C)Z*,
f 70% SO
3 -1
5.
160
(Gallon
Marker Dye
3(.?j0 gai
500%.0'D
3" T
6.
10
2'/2 Gallon
Containers.
MSMA
5� g %z•s�
5-3 q . J
'y -
7.
8
1.25 Gallon,(
Permethrin TC
u7�(•S�b
8.
2
2 '/2 Gallon
Containers-
Reward
A6,el-66,!
Z.S
'
9.
2
12 Containers
Per Case.
Soap-N-Water
1. 7z c.s
1 t• 44
10.
16
2 '/z Gallons
Containers.
Surfactant
Z0- � Z, y--
3Z q - b L
11.
4
12 Containers
Total Release
�'9,
Z36.7 7--
12.
5
12 Containers
Per Case.
Wasp Spray
3 -� L
� S
rs'�•7s
3--7
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Q: Nrchase/Bid Docs/1TR 13-1 1a07-rf— Pesticide and Flerhicide Supplies for Various Parkland Pro pen ies
4
ITEM
A.
QTY
W-)
B.
UNIT OF
MEASURE
C.
DESCRIPTION
D.
UNIT PRICE*
BID
E.
EXTENDED
COST
F=BxE
Delivery
Days
ARO**
13.
100
1 Gallon
Whole Control
Containers.
14.
160
25 Pound
Bag.
Amdro Pro
to
15.
160
25 Pound
Bag.
Award
ZZI -SD/�q
16.
20
Gallon *-A
Surfactant
17.
30
Gallort.l ,0*
Simizine 4L
15.00
453.'54
`- 7
q�t
18.
115
Gallon4c* A
Triplet
C-7 c
23.00
� 550
4 =
19.
20
Cases
Weevil-cide (Tablets)
20.
20
Gallon4( 4E*
Aqua -Master
Total Cost (items 1-20)
S
7
*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.
The City of Lubbock is seeking a contract for Pesticide and Herbicide Supplies for Various Parkland Properties
with one or more contractors. in order to assure adequate coverage, the City may make multiple awards, selecting
multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to
make a multiple award of this Bid, however, Is an option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of O %, netii)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 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
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Q: Purchase/Bid Docs/fl-B 13-1 1407-TL, Pesticide and Herbicide Supplies for Various Parkland Properties
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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/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 f3wl DA uASI rYL�oa.z i z a corporation organized under the laws of the State of
or a partnership consisting of V /A or individual trading as
N 1f�, of the City of µ 1,
Firm: i5 W �- �A��cJrS ((-� .Joz-rL
Address: t 'i ►'& L7 7
City: CNlZ00LLT aA-1 State: 1-4. Zip —7 5-00
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE Fir an Black American Native American
His nic American Asian Pacific Americ Other (Specify)
ByIYIP Date:
Autho ized Representative - must sign by !land
Offer Name and Title:
Plekse Print
ness Telephone Number 25- 7� z - 6 3 Z
FAX: q 72 -24 Z- 76 75_-
E-mail Address:27 ^_ e-Sp rre itt Co.A 2-a P.ras . e r9 m__
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/individual:
Date of Award by City Council (for bids over $50.000): Date P.O./Contract 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.
Q: Purchase/laid wcsn m 13-1 14o7-rL, Puticide and Herbicide Supplies for Various Parkland Properties
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