HomeMy WebLinkAboutResolution - 2000-R0087 - Contract - B&M Services Co.- Weed Shredding - 03/23/2000Resolution No. 2000-80087
March 23, 2000
Item No. 35
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 Weed
Shredding at the City of Lubbock Land Application Site, by and between the City of
Lubbock and B&M Services Co. 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 23rd day of March , 2000.
WINDY SITTON, MAYOR
ATTEST:
kaythd Darnell, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman, Purchasing ffi&ajer
APPROVED AS TO FORM:
Attorney
gs:ccdocs/Contract Weed Shredding.res
March 14, 2000
4 '
y
Resolution No. 2000-R00 87
March 23, 2000
Item No. 35
CONTRACT FOR WEED SHREDDING AT THE
CITY OF LUBBOCK LAND APPLICATION SITE
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This contract, (the "Contract'), effective as of May 1, 2000, (the "Effective
Date"), is by and between the City of Lubbock, (the "City"), a Texas Home Rule
Municipal Corporation, and M & M Service Company, a Texas corporation, whose
principal place of business is located at P.O. Box 64515, Lubbock, Lubbock county,
Texas (the "Contractor").
WITNESSETH
WHEREAS, the City requires weed shredding services to be performed at the
Land Application Sites, and
WHEREAS, the Contractor has the required qualifications to perform the weed
shredding services and desires to perform the services, and
WHEREAS, the City desires to contract with Contractor to perform the weed
shredding services at the Land Application Sites,
NOW THEREFORE, for and in consideration of the terms, covenants and
conditions set forth in this Contract, the City and Contractor hereby agree as follows:
TERM I.
The term of this Contract commences on the Effective Date and continues without
interruption for a term of one (1) year from and after the Effective Date
COMPENSATION
Contractor shall be compensated according to the Contractor's Bid Form
submitted in response to the City's Invitation to Bid #00029. The Contractor's Bid Form
is attached to this Contract and made a part of it. See Exhibit A.
1 ,'
TERMINATION
In the event the Contractor breaches any term and/or provision of this Contract the
City shall be entitled to exercise any right or remedy available to it at law or equity,
including without limitation, immediate termination of this Contract and assertion of
action for damages and/or injunctive relief. The exercise of any right or remedy shall not
preclude the concurrent or subsequent exercise of any other right or remedy and all other
rights and remedies shall be cumulative.
REPRESENTATIONS AND WARRANTIES
A. Existence. Contractor is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Texas and is qualified to carry on its
business in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and
perform this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of the Contractor. This Contract constitutes legal, valid, and
binding obligations of the Contractor and is enforceable in accordance with the terms
thereof
D. Contractor. Contractor maintains a professional staff and employs, as needed,
other qualified specialists experienced in cutting and shredding weeds, "and are familiar
with all laws, rules, and regulations, both state and federal, including, without limitation
the applicable laws, regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by
this Contract in a good and workmanlike manner, and comply with . all laws, rules, and
regulations, both state and federal, relating to cutting and 'shr'e'dding weeds, as
contemplated hereby. If any of the activities of the Contractor, or, 'omissions of the
activities required herein, shall cause, in whole or in part, liability or loss on the part of
the City, it shall be deemed that the Contractor did not perform said activities (or omitted
the performance of said activities) in a good and workmanlike manner.
SCOPE OF WORK
A. General. Contractor shall shred weeds at the City's Land `Application Sites.
The areas are designated on the attached maps of the two sites. See Exhibits A and B.
B. Schedule. The City of Lubbock Farm Manager shall issue all instructions
concerning the specific areas and times that weeds are to be shredded at the sites.
2
C. Acceptance. The City of Lubbock Farm Manager shall inspect the
Contractor's work to determine if the shredding operation is satisfactory. The Farm
Manager shall be the sole judge as to the acceptance of the Contractor's work.
INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this
Contract as an independent contractor. The Contractor has the sole discretion to
determine the manner in which the services are to be performed.
INSURANCE
A. General. Contractor shall procure and carry, at its sole cost and expense
through the life of this Contract insurance protection hereinafter specified, in form and
substance satisfactory to the City. City must approve all policies prior to the
commencement of any activities whether performed by the Contractor, subcontractor,
agents, or third parties. The insurance carrier must be an insurance company authorized
to transact business in the State of Texas and have a Best's Financial rating of A:VII. A
Certificate of Insurance specifying each and all coverage shall be submitted to City prior
to the execution of this Contract. All insurance shall be prepared and` executed by the
insurance company or it's authorized agents and shall contain an endorsement naming the
City of Lubbock an additional insured. Written notice of cancellation or any material
change will be provided thirty (30) days in advance of cancellation or change. All
insurance, other than Workers' Compensation, shall provide a waiver of subrogation in
favor of the City of Lubbock, and shall contain cross liability and severability clauses.
B. Required Coverage. Contractor shall obtain and' maintain policies of
insurance throughout the Contract term in limits specified below.
1. Worker's Compensation. The Contractor shall maintain Workers'
Compensation and Employer's Liability insurance coverage as required by statute or
coverage approved by the City Risk Management Coordinator.
2. Commercial General Liability. The Contractor shall.'maintain Commercial
General Liability coverage endorsed to include premises/operations, contractual liability,
and independent contractors' and completed operations. The policy shall have a
minimum of Three Hundred Thousand and no/100 Dollars ($300,000)combined single
limit in the aggregate and per occurrence.
3. Commercial Automobile Liability. The Contractor shall maintain Commercial
Automobile Liability coverage with a minimum of Three Hundred Thousand and no/100
Dollars ($300,000) combined single for Bodily Injury and Property 'Damage and shall
include any auto or in the alternative, owned autos, non -owned autos and hired autos.
3 1.
C. Subcontractors. The Contractor shall require each subcontractor with whom it
contracts to provide activities as contemplated by this Contract, to obtain proof of
insurance coverage as set forth herein, and to provide to Contractor, prior to such person
performing any such activities, a Certificate of Insurance establishing such coverage.
INDEMNITY
City of Lubbock shall not be liable or responsible for, and shall be saved and
held harmless by Contractor from and against any and all suits, actions, losses,
damages, claims, or liability of any character, type, or description, including all
expenses of litigation, court costs, and attorney's fees for injury or death to any
person, or injury to any property, received or sustained by any person or persons or
property, arising out of, or occasioned by, directly or indirectly, the performance of
Contractor under this agreement, including claims and damages arising in whole or
in part from the negligence of City of Lubbock.
It is the expressed intent of the parties to this Agreement that the indemnity
provided for in this section is an indemnity extended by Contractor to indemnify
and. protect City of Lubbock from the consequences of City's own negligence,
whether that negligence is the sole or contributory cause o'the' resultant injurff,
death, or damage.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities
under this Contract, and'any amendments thereto. . 1 `
NOTICE
A. General. Whenever notice from contractor to City or City to Contractor is
required or permitted by this Contract and no other method of notice is provided, such
notice shall be given by (1) actual delivery of the written notice to the other party by
hand, (2) facsimile, or other reasonable means (in which case such notice shall be
effective upon delivery), or (3) by depositing the written notice in the United States mail,
properly addressed to the other party at the address provided in this article, registered or
certified mail, return receipt requested, in which case such notice shall' be 'effective on the
third business day after such notice is so deposited.
4
Y
B. Contractor's Address. Contractor's address and numbers for the purposes of
notice are:
are:
Attn: Billy Mitchell
B & M Service Co.
P.O. Box 64515
Telephone: (806) 791-1017
C. City's Address. The City's address and numbers for the purposes of notice
City of Lubbock
Attn: John Hindman
P. O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 767-3152
Facsimile: (806) 767-6209
D. Change of Address. Either party may change its address or numbers for
purposes of notice by giving written notice to the other party, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall
become effective on the 15th day after such notice is effective.
NHSCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are
inserted in this Contract strictly for the parties' convenience in identifying the provisions
to this Contract and shall not be given any effect in construing this Contract:
B. Audit. Contractor shall provide access to its corporate books and records to
the City. The City may audit, at its expense and during normal business hours,
Contractor's books and records with respect to this Contract between the Contractor and
City.
C. Records. Contractor shall maintain records that are necessary to substantiate
the services provided by the Contractor.
D. Assignability. Contractor may not assign this Contract without the prior
written approval of the City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the
City, Contractor, and their respective successors, legal representatives, and assigns.
5 �;
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the remainder of this Contract and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Contract, and duly executed by the Contractor and City.
I. Entire Agreement. This Contract, including Exhibits A, B, and C, contains the
Entire Contract between the City and Contractor, and there are no other written or oral
promises, conditions, warranties, or representations relating to or ' affecting the matters
contemplated herein.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Victor Ki man, Purchasin anager
APP D AS T:
ohn Hindman
arm Manager
APPROVED AS TO FORM:
h6�- 4 A�,,
William de Haas
Competition and Contracts Manager
6
B & M S 'ces Co.
By:
Title:
Title f
Attest By: ';
Kaythieary
BID FORM
Contract Weed Shredding at the Land Application Site
CITY OF LUBBOCK, TEXAS
ITB #=29
. CIi14 ( / 311— /q-
1TB #00-029, Addendum #1
Resolution No. 2000-R0087
March 23, 2000
Item No. 35
In compliance with the Invitation to Bid #00029, 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 900029 is by reference incorporated In this contract.
ITEM
QTY
UNIT OF
MEASURE
DESCRIPTION
UNIT PRICE*
BID
Extended
Cost
Delivery
Days ARO"
1.
1500
Acres
Contract Weed Shredding, for one year
$
$
(More
or
(approximately May 1, 2000 through September 30,
2000), per the attached specifications at the Land
Less)
Application Site - Lubbock, located in Lubbock, TX.
2.
1500
Acres
Contract Weed Shredding, for one year
(Moore
(approximately May 1, 2000 through September 30,
2000),
Q
/���
per the attached specifications at the Land
r Q
rD
Less)
Application Site —Wilson farm, located in Wilson, TX.
*PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO)
PAYMENT TERMS - Bidder offers a prompt payment discount of °k calendar days to apply after receipt of
Invoice or final acceptance of the services provided, whichever is later. If no prompt payment discount is offered, enter 0 in the %
space to indicate Net 30 days, otherwise payment terms shall be Net 30 days and will be considered in the bid evaluation process.
THIS BID IS SUBMITTED BY a corporation organized under the laws of
the State of . or a partnership consisting of or an
Individual trading as A1. Q ih S e r ✓ I C P Cc - of the Cityof Lt-bh 0r'9
Firm: Innt{ al � e /Y 11-1'C ,P 0
Address: M� D . A 0 K 6 7.S- /-r 5/4 / r�
City: A k k'b c1Gle State:..._ zip 7f 7 4 i
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 anyr or
employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES off O
MIWBE Firm:
_Hispanic American I I Asian Pacific American I I Other (Soecifv)
i
d/
Representative - must sign by hand
t
Officer Name and Title: j�f d N, C Ite II
Please Print
Business Telephone Number _�� 7 FAX:
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named FiffrAndividuat.
Date of Award by City Council (forbids over $25,000): Date P.O./Contract Issued:
00-029ad1.doc
-
M. $35
Resolution No. 2000-R00 8e)(1 i ! t3)
LO
0
r
a
t
i
a
i
20 '
2 ' 19 19
■
`.....................
1 �
_.
2000-800 87
.18b 1 a
,
18 17
s
160
■
17b
■ 1414
15
� 2
1��..__�•' O 11 Q 60
13 12 11
■
22OkR� 7
22
(WELDED SHUT) 8
■
■ 4a
6
�6 ■ O O 4b
5 ■
■ -4
------------3