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Home My WebLink AboutResolution - 2008-R0174 - Contract - BWI Companies Inc.- Pesticide And Herbicide Supplies - 05/08/2008Resolution No. 2008-80174 May 8, 2008 Item No. 5.2 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 a Contract and any associated documents with BWI Companies, Inc., of Carrollton, Texas, for pesticide and herbicide supplies --annual pricing per ITB #08 -033 - FO, which Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 8th day of Iby , 2008. DAVID A. MILLER, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CO TEN 1 L-: Scott Snider Assistant City manager/Director of Community Service APPROVED AS TO FORM: andiver, ATlorney oTCounsel D Dres/13W I NCon Res Ap€i1 30, 2008 Exhibit A Resolution No. 200$—R0I74 CITY OF LUBBOCK CONTRACT For Pesticide and Herbicide Supplies -Annual Pricing ITB #08 -033 -FO THIS CONTRACT, made and entered into this 8th day of May, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and BWI Companies Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Pesticide and Herbicide Supplies -Annual Pricing 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 Pesticide and Herbicide Supplies -Annual Pricing 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 Pesticide and Herbicide Supplies specifically referred to as Items) No. 1, 2, 5, 11, 12 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is the most appropriate for the specific contract for the previous first year. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. Listed quantities are estimate only. Actual quantities may vary. 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 fmish 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. 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. 08-033-F0. 21 9. This Contract consists of the following documents set forth herein; invitation to Bid #08 -033 -FO, General Conditions, Specifications, and the Bid Foran, 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 David A. Miller, Mayor CONTRACTOR BY Authorized Representative ATTEST: J L11 al-rlPW Uf,'V-e__ Address S 5770% Robe ca Garza, City Secretary APPROVED AS TO CONTENT. Scot Snider, Assistant City Manager/ Community Senice APPROVED AS TO'FORM' - ��._ �7 Assistant City A orney 08.033-FQ. 22 SUBMIT TO: CITY OF LUBBOCKyCITY k OF LUBBOCK, TE+ XAS purchasing &Contract Management // - 1625 13rh Street, Rm 204 Jf Lubbock, Tx 79401-3530 AN EQUAL INVITATION TO BID CC►NTACT PERSON: OPPORTUNITY Felix Orta EMPLOYER p #08-0 33 -FO TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Pesticide and Herbicide Supplies - Annual Pricing SUBMITTAL DEADLINE: March 18,2008,3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: DELETED. Any bids received after the time and date listed above, regardless „f the mode of deliwry. ,shall be retterned unopened RESPONDENT NAME: 43w.r �O LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB to NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: -t / L j Y LC lob Dr: "NO p .'e tr e— IF RETURNING AS A BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BMY'. CCII+TY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT �C- krre,t ,,, TX 7 SQQ (P ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: C17Z- 2-U- $ 5 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: C17 Z - Z -Ci - 7 Z S) REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING -AIL: EM Catr-}MOrCan ! i L9 W rr+ aroi. , Ga I -► MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE 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 RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee 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 A 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 ATTACHED 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. 1 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. -17 Authorized Signature T. LAr+ MDY Ca"t -?l Print/ Type Name Title Date /7-0'r THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 08 -033 -FO. 6 BID FORM City of Lubbock Pesticide and Herbicide Supplies - Annual Pricing ITB #08 -033 -FO In compliance with the Invitation to .Bid # 08-03340, 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 # # 08 -033 -FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. *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 Form. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of —A_%, 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/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 08-033-F0. UNIT OF UNIT Extended Delivery ITEM QTY MEASURE DESCRIPTION PRICE* Cost Days OR APPROVED EQUAL BID ARO** a. b. C. d Rk.,r ('� e. = b x e 1. 160 BG (More or Less) Amdro Pro in 25 lb Bags. .4M c 4," zs s 139. (ob $ ZZ 3Nf: 7 2. 160 BG (More or Less award in 25 Ib Bags. SYS31131 171.3 $l7 `11Cp.00 7 3. 20 GL (More or Bind -It in I Gallon Containers $ NIB $ A/45 NIS Less) 4. 25 GL (More or Confront in I Gallon Containers S N11 $ N%Q N/a Less) 5. 24 LB (More or Gallery in 1 lb Bags. /;71- Zo (I tp $ 11 S, R 1 S 77g 7 Less y b. 10 LB (More or Gopher Bait in 1 lb Bags. 0111Z.O5 / �p S fo$' $ p Q, 7 Less /d yrr^^rn CC. O i a 1. $s- fP/ O _ • kO 7. 1 CS (More or Mwmgo in 1.33 oz &W 3S7xo "70G so $ 7Q6 S0 7 Less Col A. m . . x. 1 BG (More Merit in 1.6 oz Bag syTySzolo $ ?9.44 S K 46 7 or Less y. 4 PT (More or Poast in 1/2 Pints. $ IV/L3 $ NIS A)18 Less 10. 62.5 GL (More or Surflan in 2.5 Gallon Containers C[.34S•3_ $ $ 7 Less �•!02 �eia3.7} IL 1 BG (More Talstar EZ in 1-25 lb Bag. C 0 Tki- G If 7 . or Less) 17.13 1 1 115 GL (More or Less) Trtmec•99� in 2.5 Gallon Containers UPf t !1•Sf. Z y0 .' GaUESSFLIft $ It}.lfo $2 2�3•'HU 7 } Overall Total Sg zCro.4, *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 Form. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of —A_%, 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/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 08-033-F0. 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 L--1- 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 governmcntai 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 !? tVS 100 C- P'" a corporation organized under the laws of the State of Texas or a partnership consisting of or an individual trading as of the City of Firm: t7 w C�C+M+ ontrS nC . Address://tt r' fi �•f nr � to % 0,r;V-1 Hispanic American City: C 0 rare/f f c, State: T x Zip 7 S-00 ti M/WBE �, 4 Woman /4 Black American Native Ameri X�� Firm: By--! - L u Officer Name and Title: J 3-17-ofs-' Authorized Representative - must .sign �' ! , Curd ftilGrCan�r Print Business Telephone Number '� 7 Z_ Zq Z- Lt 7 6-5—FAX:-9 7 Z- 2 Y Z-- 7 ZS- 1 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 08-033-F0. $ can YIA Hispanic American /�%�� Asian Pacific American NIA Other (Specify) By--! - L u Officer Name and Title: J 3-17-ofs-' Authorized Representative - must .sign �' ! , Curd ftilGrCan�r Print Business Telephone Number '� 7 Z_ Zq Z- Lt 7 6-5—FAX:-9 7 Z- 2 Y Z-- 7 ZS- 1 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 08-033-F0. $