Loading...
HomeMy WebLinkAboutResolution - 2016-R0197 - Clarke Mosquito Control Products - 06_09_2016Resolution No. 2016-R0197 pItem No. 5.15 JJune 9, 2016 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. 12799 for Mosquito Larvacide and Adulticide Chemicals, as per ITB 16-12799-KK, by and between the City of Lubbock and Clarke Mosquito Control Products, Inc., 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 June 9, 2016 DANIEL M. P PE, MAYOR ATTEST: P6 �_OA - w - Reb cca Garza, City Se rctary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Justin Prui t, Assistan City Attorney ccdocs/RES. Contract 12799 —Clarke Mosquito Control Products. Inc. -- Larvacide & Adulticide May 5, 2016 Resolution No. 2016-RO197 Contract 12799 City of Lubbock, TX Contract for Services Mosquito Larvacide and Adulticidc Chemicals THIS CONTRACT made and entered into this 9th day of June.2016. by and between the City of Lubbock ("City"), and Clarke Mosquito Control Products, Inc., ("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 Adulticidc 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 3, 4 and 7 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 contract shall be for a term of one (I) year. with the option of a one (1) year extension, said date of term be -inning upon formal approval. The City does not �4)uarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. I. 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 behalfol'City. 6. INSURANCE 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. INSURANCE COVERAGE REQUIRED 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. 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'fcxas and acceptable to the City, in the following type(s) and amount(s): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ® Occurrence ❑ WiI[eav Equipment ❑ l-o Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTONIOTIVE LIABILITY ® Any .Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Forth GARAGE LIABILITY ❑ Any Auto 11 ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ® POLLUTION ❑ CARGO ❑ All Ox%ned Autos ❑ Ifired Autos COMBINED SINGLE LIMIT General Aggregale $1.000,00U Products-Conip'Op AGG N Personal R Ad%. Injun Contractual Liabilit% X lire: Damage (An}, one Fire) heed Exp (Am' one Person) General r�g,regate Combined Single Limit Each Occurrence $1.000.000 Each Occurrence Aggregate Auto Only - Each Accident Each Accident Agercgatc ❑ IOWo of the Total Contract Price ❑ 10010 of the Total Material Costs $1.000,000 ® WORKERS COMPENSATION — STATUTORY ANIOU-NTS OR OCCUPATIONAL, MLD[CAL AND DISABILITY ® EMPLOYERS' LIABILITY $1.000.000 COPIES OF ENDOSEMEITS ARE REQUIRED ® Cit}- of Luh bock nunted as additional insured on Azaa General Liahilit} ar a priuiar.l and non cartrihrttart 6etsls, ® To include products of completed operations etrdorsernent. ® II-crn•er ofsrrbrogation in favor oftlre CitY qJ Luhhock on all coverages, except The City of Lubbock shall be named as an additional insured on a primary and non- contributory basis and shall include a waiver of subrogation in favor of the City on all liability coverage's except professional liability. A waiver of subrogation will be required on workers comp coverages. All Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request. and without expense, to receive copies of the policies 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 1ak1` Ot' 1-eglllatl011 bl[ldlllg Upon either of the parties hereto or the underwriter of any of such policies). Upott such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. 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: Name the City of Lubbock and its officers, employees, and electcd 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; C. 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 ol` 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 and Contract Management City of Lubbock 1625 13"' 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. 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. City of Lubbock Bid ITB 16-12799-KK 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. All funds for payment by the city under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the city of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11, The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract insurance requirements 12. This Contract consists of the following documents set forth herein; Invitation to Bid 16-I2799- KK, 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 Lu"'BOCK DANIEL M. POPE, MAYOR ATTFST; Q . 0, Reb t ca Garza, City Secretary APPROVED AS TO CONTENT: Bill Ha , Assist ty Manager APPROVED AS TO rvRivl: Justin ruitt, ssistan City Attorney T CT B � � Authorized ep a entative Joel Fruendt Print Name 675 Sidwell Ct Address St. Charles, IL 60174 City, State, Zip Code 3/11/2016 12:45 PM P. 39 City of Lubbock Bld ITB 16-12799-KK BID FORM Mosquito Larvacide and Adulticide Chemicals City of Lubbock, TX ITB 16-12799-KK In compliance with the Invitation to Bid 16-12799-1iQ{., 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 it 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 16-12799-KK is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY (+/-) p U/M DESCRIPTION UNIT PRICE BID (B) EXTENDED COST =(A X B) Delivery Days ARO* be delivered in 5 gallon cases (2-2.5 gallon containers Equal, to be delivered in 5 gallon cases (2-2.5 gallon containers 3. 35 CS 30 Day Extended Release Multi Brood Larvaecidal Pellet or Equal to, to be delivered in 2-221b. 'u case - 4. 1650 GL U.L.V. Concentrate, or Approved Equal, Contains 12% Chlorpyrifos & 4% Permethrin, to be delivered in 275 gallon containers. Delivery Truck Must Have Lift Gate. $35.00 $57,750.00 3-5 container insecticidal toxins 0 container insecticidal toxins No Bid 7. 20 Per case BTI briquettes (mosquito dunks) with a minimum 10.31% solid, spores, and insecticidal toxins. $66.50 $1330.00 3-5 approved equal I No *ARO, After Receipt of Order Total $80,086.30 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 or 0 %, 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. S: PuichasrJ id DuesATB 16-12799-KK Mosquito t.nrvaeide and Aduldcide Chemicals 3/11/2018 12:45 PM P- 6 City of Lubbock laid ITS 16 12799-KIC 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 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/scrvices 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 We 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 pricc(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 Freaship 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 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 BY Clarke Mosquito Control Praductsolrteorporation 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 Stilwell Ct City: St Charles State: IL Zip 60174 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date S: PurcFwelBid Doc&IITB 16-12799-KK Mosquito tarvacide and Adulticidencmieals 3/1112016 12:45 PM p. 7 Cite of Lubbock, TX 1TB 16-12799-KK Mosquito Lat-vacide and Adultieide Chemicals Specifications 1. Intent The City of Lubbock is requesting bids for mosquito larvicide 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 larvacidc/adulticide chemicals and the bid specifications. Larvicides Product: Liquid concentrate BTI 12 AS or Approved Equal Contains: Bacillus thuringiensis israelensis (13-I I) Container Size: 5 gallon cases (2-2.5 gallon containers) Estimated Quantities: 300 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 Product: ULV concentrate 96.5% Malathion or approved equal Container Size: Gallon 5: 1'urchasei13id Docs/ITB I6-12799-kk Mosquito Lan 'acide and :\dulticide Chemicals 32 Estimated Quantities: 550 Gallons 3. Contract Period The contract shall be for a term of one (1) year. xvith the option of a one (1) year extension, said date of term beginnilig upon formal approval. 4. Delivery Location City of Lubbock Vicetor Control Department 102 Municipal Drive Lubbock. TX 79403 Attn: Jaime Coy Phone Number 806-767-2271 S: Purchase?Bid Docs/ITB 1 b-12799-KK Mosquito Lan acide and Adulticide Chemicals 33 Cite of Lubbock,'rx Bid Tabulation Mosquito Larvacide and Adulticide Chemicals ,tune 9, 2016 FFB 16-12799-KK Mosquito Larvacide and Adulticide Chemicals Item Qty U01M Description/Vendor Location Unit Cost Extended Cost 1 300 GI. Liquid Concentratc BTI 12 AS Target Specialty Products Coppell,'Fx S 32 9,585 Clarke Mosquito Control Products. luc. St. Charles, 1L 33 9.750 ADAPCO. Inc. Sanford. FL 36 10.944 Univar USA Grand Prairie, TX 37 1 1,100 2 200 GL Sin"I lCC Oil Larvaccidal Film Aoent Univar USA Grand Prairie, TX IO 1,968 ADAPCO, htc. Sanford. FL 11 2.196 Target Specialty Products Coppell. TX 14 2.854 Clarke 1"40squito Control Products, hic. St. Charles, IL 22 4.310 3 35 CS 30 Day Extended Release Multi Brood Larvaecidal Pellet Clarke Mosquito Control Products, Inc. St. Charles, 11, 00 21,006 Target Specialty Products Coppell. TX 1.124 39.347 Univar USA Grand Prairic, TX 1,124 39.347 4 1650 GL U.L.V. Concentrate Clarke Mosquito Control Products, Inc. St. Charles, 1L 35 57,770 Palm Beach Laboratories, Inc. dba Hilton head Laboratories, Inc. Boca Raton, FL 194 320A59 5 6 30 oZ oxlns B 1 t Granular Mlnmluln 2.86%, Solid. Spore's and InsecticidalToxins Univar USA Grand Prairie, TX 2 -NQAS Target Specialty Products Coppell, TX 16 94 6 6 2011) BTI Granular Mininwm 2.86'%, Solid. Spores and Insecticidal Toxins Univar USA Grand Prairic. "['X 2 NQAS Target Specialty Products Coppell. TX 121 724 7 20 Case BTI briquettes Clarke MOS(luitn Control Products, Inc. St. Charles, 1I, 67 1,330 Univar USA Grand Prairie, TX 70 1.399 Target Specialt} Products Coppell. TX 76 1.519 ADAPCO, Inc. Sanford. FL 76 1,527 3 550 GL Adullicidcs-ULV concentrate 96.5°„ Malalhian ADAPCO, Inc. Sanford. FL 49 26,675 Univar USA Grand Prairie. TX 51 NQAS Item by Item Univar USA - ltcm 2 Grand Prairic, TX S 1,969 Target Specialty Products - ]tun I Coppell, TX 9,595 ADAPCO, Inc. Sanford, FL 39.146 Clarke Mosquito Control Products. Inc., - Items 3,4 and 7 St. Charles, 11- 80.086 Palm Beach Laboratories. Inc. dba Hilton Head Laboratories. Inc. Boca Raton, Fl. 320,859 Ruins, 5, 6 alld 8 ]lot awarded {over bndgCO *NQAS - Not Quoted As Specified CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 cf 1 Complete Nos. 1 - 4 and 6 if there are interested parries. Complete Nos. 1. 2. 3, s, and 6 if there are no interested panes. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016.53362 Date Filed, 05/11/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Clarke Mosquito Control Products, Inc St Charles, IL United States 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 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 16-12799-KK mosquito control products 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. PATRICIA offi E ORISCOLL Official Seal No�t�ary Public - State of Illinois My Conv0stlon EKplres Feb 17, 2020 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE j } Sworn to and subscribed belore me, by the said L Gov, Or,) Ay}J � r woe, this the f I day of 24_L(,e—, to cenify which, witness my hand and seal of office. Signature of officer administering oath Printed name of othcer administering oath Title of oftJer administering oath Forms provided by Texas Ethics Commission wiwr.ethics.state. tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lafl Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-53362 Date Filed: 05/11/2016 Date Acknowledged: 05/17/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Clarke Mosquito Control Products, Inc St Charles, IL United States 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 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 16-12799-KK mosquito control products 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear. or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oalh Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021