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HomeMy WebLinkAboutResolution - 2010-R0059 - Contract 9404 Cutting Edge Companies For Application Of Pre-Emergent On Parkland - 02/09/2010Resolution No. 2010-R0059 February 9, 2010 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9404 for pre emergent and post emergent application for various parkland properties per ITB 10 -036 - DT, by and between the City of Lubbock and Cutting Edge Companies of Lubbock, 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 February 9, 2010 TOM MARTIN, MAYOR ATTEST: R _e� , 5:�( Rebe ca Garza, City Secretary 0 APPROVED AS TO CONTENT: VV� Scott Snider, Assistant City Manager Community Development APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs. RES. Contract -Cutting Edge Companies January 27, 2010 Resolution No. 2010-R0059 CITY OF LUBBOCK CONTRACT FOR SERVICES Pre -Emergent & Post -Emergent for Various Parkland Properties Bid No. 10 -036 -DT Contract 9404 THIS CONTRACT, made and entered into this 9th day of February 2010, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Cutting Edge Companies, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Pre -Emergent & Post -Emergent 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 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 Pre -Emergent & Post -Emergent 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 the Pre -Emergent & Post -Emergent for Various Parkland Properties specifically shown as "Exhibit All and referred to as Application Item(s) 1 thru 4 more particularly described in 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 City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. 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 10 -036 -DT Pre & Post Emergent Page 1 of 7 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. 5. 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 cant' a Best's Rating of B or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General (public) Liability insurance, per occurrence, in an amount not less than $500,000 coverage Automotive Liability insurance, per occurrence, in an amount not less than $300,000 combined single limit including coverage for the following: Any Auto The City of Lubbock shall be named a primary additional insured on auto, general liability and to include products of completed operations with a waiver of subrogation in favor on all coverage's. 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. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance described below must reflect that the above working is included in evidenced policies. 10 -036 -DT Pre & Post Emergent Page 2 of 7 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. 6. 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #10 -036 -DT, General Conditions, Insurance Requirements, 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 Tom Martin, Mayor ATTEST: Rebe ca Garza, City Secretary APPROVED T CONT vV\� Scott Snider, Assistant City Manager Community Services APP V AS TO FORM: Assistant City Attorney 10 -036 -DT Pre & Post Emergent Page 3 of 7 CONTRACTOR Authorized Representative Address : 2105 109th Street Lubbock, Texas 79423 CITY OF LUBBOCK, TEXAS Pre Emergent & Post Emergent for Various City Properties ITB #10 -036 -DT 2010 CITY TURF PROGRAM Application Dates Applied Product Feb 15 to Mar 31 Simizine 41, April 15 to May 15 Strike 3 Ultra 2 Sept 1 to Oct 15 Strike 3 Ultra 2 Simizine 4L 10 -036 -DT Pre & Post Emergent Page 4 of 7 Application Rate 1.5 pints per acre 3 pints per acre 4 pints per acre 1.5 pints per acre Resolution No. 2010-R0059 EXHIBIT A CITY OF LUBBOCK, TEXAS Pre Emergent & Post Emergent for Various City Properties ITB 10 -036 -DT City Properties for Pre -Emergent Applications Parks & Various Properties 7 Address =Approximate Acrea e 69th & Slide 69th & Slide 2.8 Andrews 76th & Memphis 35.5 Atzlan 1 st & Ave K 28 Auditorium\Coliseum 4th & Boston 1.43 Ave X Triangle 16th & Ave X 0.37 Berl Huffman Soccer N. Loop 289 & Landmark 101 Berl Huffman Softball N. Loop 289 & Landmark 13 Berry 36th & Cedar 9.1 Broadway Annex Southeast Corner of Broadway & Ave Q 0.34 Broadway Medians Broadway & Ave Q AND Broadway & MLK 0.25 Burns 23rd & Ave K 3 Butler East 4th & Zenith 6 Buddy Holly Plaza 8th & Ave Q 0.25 Canyon Rim Bates & Ave K 2.3 Carlisle 28th & Ave X 4.5 Carter N. Globe & N. Loop 289 10 Casey 66th & Ave W 8.1 Carlisle Cemetery 7308 19th 1.1 Chatman E. 29th & Juniper 3 Chatman Entrance 23rd & Ave A 0.25 Cavazos Baseball Brownfield Hwy & Spur 327 3.1 Civic Center/Mahon Library 9th & Ave P 16 Clapp 46th & Ave U 102.95 Clapp Swimming Pool 4502 Ave U 0.3 Cooke 18th & Kirby 7.01 Crow 91 st & Belton 10.17 Davies, Jude N. Ave N & Clemson 6 Davis, AB 40th & Nashville 8.5 Detroit Ave Strip Clovis HWY to 2nd Place along Detroit 0.56 Dupree 58th & Toledo 32.56 Duran 26th & Kewanee 8.37 Elmore 66th & Quaker 43.13 Fiesta Plaza 911 N. University 12 Gateway Plaza Broadway & Ave Q 0.5 Goedeke Library 6700 Quaker 2 Groves Library 5520 19th 2 Guadalupe Entrance 1st & Ave J 0.25 Guadalupe Park 2nd & Ave P 3 Guadalupe Strip 1st & Ave O 7 10 -036 -DT Pre & Post Emergent Page 5 of 7 Parks & Various Properties Address Approximate Acreage Guy 87th & Memphis 20.3 Hamilton 22nd & Ave X 6.6 Higginbotham 19th & Vicksburg 23.42 Hino'osa 7336 22nd 9 Hod es Baseball Marshall & University 4 Hodges Park Marshall & University 9 Hollins 1 st & Vernon 6.4 Hood 23rd & Ave Q 14.3 Huneke 82nd & Nashville 15.54 Indiana Medians Indiana 19th to 34th 0.8 Jennings 73rd & Wayne 34.58 Kastman Joliet & S. Loop 289 14.45 Leftwich 60th & Elgin 30.5 Lewis Baseball 54th & Ave J 8.4 Long 56th & Aberdeen 21.1 Lopez Auburn & Chicago 7.91 Lusk E. 25th & Oak 24 Mackenzie Amphitheater 423 E Broadway 0.76 Mackenzie Baseball Municipal Drive & Park Road 18 11.7 Maed en 1 st & Boston 4.51 Mahon 29th & Chicago 15.1 Maxey 23rd & Quaker 70.89 Maxey Pool 30th & Nashville 0.1 McAllister Practice Field 56th & Frankford 11.5 McCrummen 19th & Ave T 0.61 McCullough 88th & Flint 23.33 Miller Memphis & S. Loop 289 31.43 Milwaukee Medians Brownfield HWY to Spur 327 0.2 MLK Complex E. 19th 8& Aspen 8.6 MLK Little League E 24th & MLK 0.5 MLK Medians 2200-2300 Block MLK 0.5 Neugebauer 83rd & Gardener 3.3 N Ave Q Strip N Ave Q Drive & N Ave P 0.2 Northwest Little League 903 North University 8.42 Overton 14th & Ave U 1.9 Patterson Library 1836 Parkway Drive 5.28 Phil Hoel 90th & Chicago 11.33 Pioneer 6th & Ave T 4.2 Quincy Medians 82nd & Quincy to 96th & Pontiac 5.62 Ratliff 50th & Chicago 6.26 RCA (Developed) 15th & Inler 3.01 Rawlins 40th 8& Ave B 2.5 Reagan Colgate & Olive 4.48 Remington 74th 8& Albany 22.25 Ribble 62nd & Temple 18.02 Rodgers Auburn & Gary 8.3 Rodgers Pool 3200 Bates 0.5 10 -036 -DT Pre & Post Emergent Page 6 of 7 Parks & Various Properties Address roximate Acreage Sedberry E. 10th & Guava 5 Simmons E. 23rd & Oak 98.3 Sims Marlboro & King 4.96 Smith 15th & Chicago 4.3 Slide Rd Medians 4th & Slide to N. Loop 289 Access Road 3.75 SW Loop Turnarounds University to Slide all 4 quadrantsper) 8.5 Stevens 75th & Slide 16.66 Strong 81 st & Ave U 7.75 Stubbs 36th & Ave N 8 TechTerrace 44th & University 0.2 Tech Terrace 23rd & Flint 18 Tennis Center 66th & Gary 13.4 Underwood 74th & Cedar 8 University Corner 19th & University 0.5 University Medians 4th to 50th 6 Wagner 26th & Elgin 9 Washington E 22nd & Cedar 3.5 Wheelock 40th & Elgin 2 Whis erwood Medians 4th to N. Loop 289 5 Woods Erskine & Zenith 11.7 Youth Sports Complex FM 1585 and Milwaukee 41.75 Total Acreage (Approximately) 1,307.56 10 -036 -DT Pre & Post Emergent Page 7 of 7 ITB 10 -036 -DT, Pre Emergent & Post Emergent for Various City Properties Resolution No. 2010—R0059 BID FORM Pre Emergent & Post Emergent for Various City Properties CITY OF LUBBOCK, TEXAS ITB 10 -036 -DT In compliance with the Invitation to Bid 10 -036 -DT, 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 10 -036 -DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM APPLICATION ACRES PRODUCT APPLICATION RATE COST PER EXTENDED dates may vary) (app -x.) ACRE COST I I" Application Feb 15 31, 2010 1,308 Simizine 4 L 1.5 pints per acre —Mar 2 2"d Application 1,885 Strike 3 Ultra 2 3 pints per acre Apr 15 —May 15, 2010 3 3`d Application 1,885 Strike 3 Ultra 2 4 pints per acre Sept 1 to Oct 15, 2010 Simizine 4L 1.5 pints per acre Q'a�3 g'7r 4 Colorant 5,075 Pre and post emergent herbicides will have an approved dye added to facilitate inspection after application. SS (p J (p 7-1Application APPLICATION (approx.) ACRE dates may vary) 160 Simizine 4 L 1.5 pints per acre Feb 15 — Mar 31, 2010 I �j 2 2" Application 160 Strike 3 Ultra 2 3 pints per acre /1 Apr 15 —May 15, 2010 3 3`d Application 160 Strike 3 Ultra 2 4 pints per ac Sept 1 to Oct 15, 2010 Simizine 4L 1.5 pints acre 95 3 d 4 Colorant 480 Pre and post emer herbicides will have an approved added to facilitate 9� �$C) inspectio er application. Total ITEM FIRE STATIONS AWe PRODUCT APPLICATION RATE COST PER EXTENDED APPLICATION pprox.) ACRE COST (dates may vary) 1 I" Application 15.68 Simizine 4 L 1.5 pints per acre 3 Feb 15 —Mar , _010 �L 553 2 2nd AP' ation 15.68 Strike 3 Ultra 2 3 pints per acre A 5 — May 15, 2010 3 3`d Application 15.68 Strike 3 Ultra 2 4 pints per acre 10.036-DT.doc 0 9 I ITB 10 -036 -DT, Pre Emergent & Post Emergent for Various City Properties *PRICE: F.O.B. City of Lubbock **Days After Receipt of Order (ARO) 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/seryices; 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 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 (f C Se4l di Ge -5 7rn c• . a corporation organized under the laws of the State of ::Tt„g. 5 , or a partnership consisting of or an individual trading as of the City of Ly %b,ocI City: L lJ b b Oc_ Stater zip -7 �j DBE Firm: 10-036-DT.doc Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Officer Name and Title I Representative - must sign by hand �ne 4i A ICIrt- i ITB 10 -038 -DT, Pre Emergent & Post Emergent for Various City Properties Date / — 1 I — 1 0 Please Print Business Telephone NumberP--�Q 6— n2 6 (3AX:3CO Email: L 114, Llv E' - e0 i -n LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 10.036-DT.doc