Loading...
HomeMy WebLinkAboutResolution - 2009-R0055 - Contract - Gorman Outdoor - Pre And Post Emergent For Parks - 02/12/2009Resolution No. 2009-80455 February 12, 2009 Item No. 5.15 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, a Contract for pre - emergent and post -emergent for various parkland properties as per bid 09 -015 -MA, by and between the City of Lubbock and Gorman Outdoor 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 this 12th day of ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTE r: Scott Snider, Community Services Assistant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney February ,2009. TOM MARTIN, MAYOR vwlccdocs/Chad/Resolutions/RES.Contract-Gorman Outdoor February 2, 2009 Resolution No. 2009-R0055 CITY OF LUBBOCK CONTRACT FOR SERVICES Pre -Emergent & Post -Emergent for Various Parkland Properties Bid No. 09 -015 -MA THIS CONTRACT, made and entered into this 12th day of February 2009, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Gorman Outdoor, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Pre -Emergent & Past -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 Emer eng t 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 referred to as Item(s) No. 1 with colorant & 3 with colorant 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 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 carry 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 $300,000 coverage Automotive Liability insurance, per occurrence, in an amount not less than $200,000 combined single limit including coverage for the following: Any Auto The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary additional insured under the policies. 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. 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 #09.015 -MA, 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. [411 -WKS] 01:1:Isla ;4 Tom Martin, Mayor ATTEST: Rebe ca Garza, City ecretary APPjkO D A TO FORM: Assistant City Attorney CONTRACTOR BY: Brett Gorman Authorized Representative Address: P.O. Box 6636 Lubbock, Texas 79793 ice/ �r.111111 11! Director APPROVED AS TO CON NT: Scott Snider, Assistant City Manager Community Services Resolution No. 2009-80455 2009 PARKLAND TURF PROGRAM Application Dates Applied Feb 15 to Mar 31 Product Simizine 4L Liquid Fertilizer 12-144-2 Application Rate 1.5 pints per acre Nitrogen 22 lbs/acre Phosphorus 25 lbs/acre Potassium 7 lbs/acre Sulphur 3.5 lbs/acre Sept 1 to Oct 15 Strike 3 Ultra 2 3 pints per acre Simizine 4L 1.5 pints per acre SUBMIT TO: CITY OF LUBBOCK PURCHASING DEPARTMENT 1625 13TH STREET, RM 204 LUBBOCK. TX 7940 1-3 83 0 CONTACT PERSON: Marta Alvarez TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.Lx.us C �xm-/, twe-- r, I I r�78" � AN EQUAL OPPORTUNITY EMPLOYER ITB #09 -015 -MA, Pre Emergent & Post Emergent for Vanous Parkland Properties Resolution No. ZU CITY OF LUBBOCK, TEXAS INVITATION TO BID TITLE: Pre -Emergent & Post Emergent for Various Parkland Properties PILE BID DATE, TIME AND LOCATION: DELETED #09 -015 -NIA SUBMITTAL DEAD January 7,2009,3:00 p.m. CST .Inry hills rice rived tifler llie tome wr,idate listed above. regardless of the mode of delivery, shall be retunred raropened RESPONDENT 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: IF RE"fUR1V1NG ASA -`NO BID", PLEASE COMPLETE AND RETURN THE -� - STATF.MFNT OF NO BID". CITY STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TELEPHONE NO: I ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE v~ ` CITY. FAX NO: IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS BIDS. IT IS THE BIDDER'S RESPONSIBILITY REQUEST PERMITS COMPETITIVE E-MAIL: TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY - % ,� ,Ing LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS "THEREOF, o INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL AX [D NO. DR SOCIAL SECURITY NO. PTB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN �� �� WRITING AND MUST 13F RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE 5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON BIDSYNC.COM The City of Lubbock Charter states that no officer or employ ee 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 purchased. Will any officer or employee of the City, or member of 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 ATTAC14F.D 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 signature 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 service(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. AuthurG Signature Title Printfrype Mame Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 09-015-MA.60c 09 -015 -MA Addendum #2 REVISED - BID FORM Pre Emergent & Post Emergent for Various Parkland Properties {CITY OF LUBBOCK, TEXAS ITB #09 -015 -MA In compliance with the Invitation to Bid #09 -015 -MA, 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 #09 -015 -MA 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 COST PER EXTENDED (application dates (approxi RATE ACRE COST may vary) mately} I Application 1650 Simizine 4 L 1.5 pints per acre Liquid Fertilizer Nitrogen 22 lbs/acre Feb 15 — Mar 31, 2009 12-14-4-2 Phosphorus 25 lbs/acre q Potassium 7lbs/acre Sulphur 35 lbs/acre 2 2nd Application 1650 Strike 3 Ultra 2 3 pints per acre Apr 14 —May 15, Liquid Fertilizer 32-0-0 Nitrogen 33 lbs/acre o`er 2009 �y 3 3"' Application 1650 Strike 3 Ultra 2 3 pints per acre Sept 1 to Oct 15, Simizine 4L 1.5 pints per acre s / z2 a i .� 2009 1 4 Colorant 4950 Pre and post emergent herbicides will�� rr� have an approved dye added to facilitate i inspection after ap lication. Total *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 TfURTY 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 09 -015 -MA Addendum 42 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 WolfTorth. YES i/ 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 materialslservice as needed. THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of _WS or a partnership consisting of or an individual trading as Firm: Address; 7 ' City: C e_1A State:--7y—Zi Firm By of the City of MlWBE Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Aiiihorized epresentative - must sign by hand Officer Name and Title:__ Please Print Business Telephone Number_�try '� �O?^ ` FAX: !1-16 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Aiiihorized epresentative - must sign by hand Officer Name and Title:__ Please Print Business Telephone Number_�try '� �O?^ ` FAX: !1-16 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.