05-E Herbicide Contract
DRAFT
F:A TIORNEY\RESWORK\CURRNET\ Herbicide Agr - A ward Bid Res
May 19,2005
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE FURNISHING AND DELIVERY
OF LABOR, MATERIALS, AND EQUIPMENT AND FOR PERFORMING
ALL WORK REQUIRED FOR THE APPLICATION OF HERBICIDE ON
CITY OF PARIS PROPERTY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore authorize the City staff
to advertise for bids for furnishing labor, materials, and equipment and for performing all work
required for the application of herbicide on City of Paris property, which bids were received
until 3:00 o'clock p.m., Tuesday, May 17, 2005; and,
WHEREAS, the best bid for such herbicide application was made by SprayMAX, Inc.,
P.O. Box 130547, Tyler, Texas 75713, and it should be awarded the bid for such services; and,
WHEREAS, the form of the contract for such services, attached hereto as Exhibit A,
should, in all things, be approved, and the Mayor should be authorized to execute the same;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the bid of SprayMAX, Inc., P. 0 Box 130547, Tyler, Texas 75713, for
furnishing labor, materials, and equipment and for performing all work required for the
application of herbicide on City of Paris property, as the same is summarized in that bid
tabulation attached hereto and for all purposes incorporated herein as Exhibit A, is hereby
accepted and let conditioned upon said contractor meeting all of the terms and specifications
included in the bid documents.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, the contract with SprayMAX, Inc. for the application of herbicide
on City of Paris property, under the terms and conditions and in the form shown in Exhibit B,
attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 23rd day of May, 2005.
Curtis Fendley, Mayor
AGREEMENT FOR HERBICIDE SERVICE
STATE OF TEXAS
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THAT, the CI1Y OF PARIS, PARIS, TEXAS, a municipal corporation, by and
through its Mayor, duly authorized, hereinafter called CI1Y, and Spray MAX, Inc. of
P. O. Box 130547, Tyler, Texas 75713, hereinafter called CONTRACTOR, do hereby
contract and agree as follows:
1.
The effective date of this agreement shall be May 23, 2005.
2.
That the contract documents which are hereby made a part of this Agreement
by the actual attachment or by this reference thereto are as follows:
Exhibit A
Exhibit B
Exhibit C
Bid Proposal and Specifications
Invitation to Bid
Bid Form and Proposal submitted by CONTRACTOR
3.
CONTRACTOR agrees to provide herbicide application services in accordance
with the Bid Proposal and Specifications attached hereto as Exhibit A,
together with those which may be issued as supplements thereof, the
Invitation to Bid (Exhibit B), and the Contractor's Bid Form and Proposal
(Exhibit C); provided, however, that in the event of a perceived conflict or
ambiguity, the provisions of this Agreement, the Bid Proposal and
Specifications, and the Invitation to Bid shall control, in that order.
4.
That, in consideration of the faithful compliance with the terms and
conditions of this Agreement, the CI1Y shall pay to the CONTRACTOR, at the
times and in the manner provided in said Bid Proposal and Specifications
(Exhibit A) the per application sums stated in the Contractor's Bid Form and
Proposal (Exhibit C).
5.
That this con tract shall be for a term of one (1) year, commencing on May 23,
2005, and ending on May 22,2006, subject to four (4) additional successive
one (1) year terms, terminable by City by giving thirty (30) days written notice
of termination prior to any renewal date.
Page 1 of 4
6.
That CONTRACTOR must, at all times during the term of this Agreement,
keep and maintain in full force and effect a policy or policies of insurance,
providing at least $250,000.00 per person and $500,000.00 for any single
occurrence for bodily injury or death and $100,000.00 for any single
occurrence for injury to or destruction of property, indemnifying all persons
for any and all damages, personal injuries, or property damages sustained
as the result of the negligence of CONTRACTOR, its agents, seIVants, or
employees, and shall pay all premiums due thereon when due. It is
expressly provided that such insurance policy or policies shall and must be
written and issued by a reputable insurance company or companies, with
CI1Y as an additional insured effective while CO NTRACTO R is on property
owned by CI1Y, subject to approval by the City Attomey of the City of Paris,
and CO NTRACTO R or its insurance carrier or carriers shall deliver a copy
of any such policies to the City Clerk of the City of Paris, 150 1st Street
S.E., Paris, Texas 75460, or fumish to said City Clerk a current letter or
certificate from such company or companies, evidencing the fact that such
insurance is in full force and effect at all times during this Agreement, and
any extensions hereof, and specifically noting thereon that CI1Y is an
additional insured while CONTRACTOR is on property owned by CI1Y. All
such policies shall be written so that the CI1Y will be notified of cancellation
or of any restrictive amendment of the policies at least thirty (30) days prior
to the effective date of such cancellation or amendment. Notice shall be by
certified mail, retum receipt requested, addressed to the CI1Y at the
following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas
75461-9037.
7.
CI1Y and CONTRACTOR have the right to unilaterally terminate this
agreement at any time upon sixty (60) days written notice to the other party.
CI1Y retains the right to terminate this agreement upon thirty (30) days
written notice to CONTRACTOR for failure to perform the services required
hereunder.
8.
CONTRACTOR covenants and agrees that during the term of this
agreement, the services to be provided hereunder remain the sole
responsibility of CONTRACTOR, and that CONTRACTOR shall not during
the term of this agreement assign, subcontract, or in any other way
authorize or retain other parties to provide such services without the
express written consent of CI1Y.
Page 2 of 4
AGREEMENT FOR HERBICIDE SERVICE
§
§
§
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THAT, the CI1Y OF PARIS, PARIS, TEXAS, a municipal corporation, by and
through its Mayor, duly authorized, hereinafter called CI1Y, and Spray MAX, Inc. of
P. O. Box 130547, Tyler, Texas 75713, hereinafter called CONTRACTOR, do hereby
contract and agree as follows:
1.
The effective date of this agreement shall be May 23, 2005.
2.
That the contract documents which are hereby made a part of this Agreement
by the actual attachment or by this reference thereto are as follows:
Exhibit A
Exhibit B
Exhibit C
Bid Proposal and Specifications
Invitation to Bid
Bid Form and Proposal submitted by CONTRACTOR
3.
CONTRACTOR agrees to provide herbicide application services in accordance
with the Bid Proposal and Specifications attached hereto as Exhibit A,
together with those which may be issued as supplements thereof, the
Invitation to Bid (Exhibit B), and the Contractor's Bid Form and Proposal
(Exhibit C); provided, however, that in the event of a perceived conflict or
ambiguity, the provisions of this Agreement, the Bid Proposal and
Specifications, and the Invitation to Bid shall control, in that order.
4.
That, in consideration of the faithful compliance with the terms and
conditions of this Agreement, the CI1Y shall pay to the CONTRACTOR, at the
times and in the manner provided in said Bid Proposal and Specifications
(Exhibit A) the per application sums stated in the Contractor's Bid Form and
Proposal (Exhibit C).
5.
That this contract shall be for a term of one (1) year, commencing on May 23,
2005, and ending on May 22, 2006, subject to four (4) additional successive
one (1) year terms, terminable by City by giving thirty (30) days written notice
of termination prior to any renewal date.
Page 1 of 4
6.
That CONTRACTOR must, at all times during the term of this Agreement,
keep and maintain in full force and effect a policy or policies of insurance,
providing at least $250,000.00 per person and $500,000.00 for any single
occurrence for bodily injury or death and $100,000.00 for any single
occurrence for injury to or destruction of property, indemnifying all persons
for any and all damages, personal injuries, or property damages sustained
as the result of the negligence of CONTRACTOR, its agents, seIVants, or
employees, and shall pay all premiums due thereon when due. It is
expressly provided that such insurance policy or policies shall and must be
written and issued by a reputable insurance company or companies, with
CI1Y as an additional insured effective while CONTRACTOR is on property
owned by CI1Y, subject to approval by the City Attomey of the City of Paris,
and CONTRACTOR or its insurance carrier or carriers shall deliver a copy
of any such policies to the City Clerk of the City of Paris, 150 1 st Street
S.E., Paris, Texas 75460, or fumish to said City Clerk a current letter or
certificate from such company or companies, evidencing the fact that such
insurance is in full force and effect at all times during this Agreement, and
any extensions hereof, and specifically noting thereon that CI1Y is an
additional insured while CO NTRACTO R is on property owned by CI1Y. All
such policies shall be written so that the CI1Y will be notified of cancellation
or of any restrictive amendment of the policies at least thirty (30) days prior
to the effective date of such cancellation or amendment. Notice shall be by
certified mail, retum receipt requested, addressed to the CI1Y at the
following address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas
75461-9037.
7.
CI1Y and CONTRACTOR have the right to unilaterally terminate this
agreement at any time upon sixty (60) days written notice to the other party.
CI1Y retains the right to terminate this agreement upon thirty (30) days
written notice to CONTRACTOR for failure to perform the services required
hereunder.
8.
CONTRACTOR covenants and agrees that during the term of this
agreement, the services to be provided hereunder remain the sole
responsibility of CO NTRACTO R, and that CO NTRACTO R shall not during
the term of this agreement assign, subcontract, or in any other way
authorize or retain other parties to provide such services without the
express written consent of CI1Y.
Page 2 of 4
EXECUTED on the dates shown in the acknowledgments below.
CITY OF PARIS, PARIS, TEXAS
By:
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attomey
SprayMAX, INC., CONTRACTOR
COUNTY OF LAMAR
)
)
)
STATE OF TEXAS
BEFORE ME, the undersigned authority, on this day personally appeared
CURTIS FENDLEY, Mayor of the City of Paris, Paris, Texas, known to me to be the
person whose same is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
, 2005.
day of
Notary Public, State of Texas
Page 3 of 4
STATE OF TEXAS
)
)
)
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared
, of SprayMAX, Inc. known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
, 2005.
day of
Notary Public, State of Texas
Page 4 of 4
CITY OF PARIS
ADDENDUM NO.1
CLARIFICATION TO SPECIFICATIONS, FOR ANNUAL CONTRACT FOR
HERBICIDE/OUTDOOR INSECTICIDE CONTROL SERVICES
DATE:
May 11, 2005
TO:
PROSPECTIVE BIDDERS
#3.01 SCODe of Work
Insecticide will primarily be for ant control. Process will involve mound treatment or
broadcast of granular ant bait followed by contact spraying 10-14 days following initial
treatment.
#6.05 Selective Treatment - W ater/W aste Water Outfalls
At least one applicator licensed by the State of Texas Structural Pest Control Board or
Texas Department of Agriculture shall be on site during any application of herbicide or
pesticide. NO EXCEPTIONS
Chao es to Bid Pro osal Attached
AU bids must be submitted on the revised City of Paris Bid Proposal.
EXHIBIT A
-
CITY OF PARIS. TEXAS
BID PROPOSAL AND SPECIFICATIONS
Herbicide/Outdoor Insecticide Control Services
1.00)
SCOPE OF WORK:
1.01) The Contractor shall furnish all herbicides, personnel, qualified supervision and
insurance to provide vegetation management services to various locations as
designated by the city of Paris, Texas. The total acreage of the area to be treated
shall be determined by the Contractor and the City of Paris.
1.02) Control by treatment shall be maintained throughout initial period of contract. (ref.
10.00)
2.00)
NOTICE TO BIDDERS:
2.01) Prospective bidders are urged to make a complete inspection of all areas to be
treated. Failure to do so will not relieve him/her of any of the provisions of these
specifications. The City of Paris reserves the right to reject any and/or all bids and to
waive any/or all formalities and to award purchase on total amount, partial amount or
individual item basis. Failure to comply with specifications shall be grounds for the
City to suspend operations.
2.02) A certified check or bidder's bond for five percent (50/0) of the total bid must
accompany each bid.
2.03) All herbicides shall be mixed and applied in strict accordance with the manufacturer's
EPA registered label.
2.04) Failure to comply with these specifications shall be grounds for the City to suspend
operations or terminate the contract.
2.05) Bidder(s) shall submit a list of FIVE (5) different successful herbicide vegetation
management projects, completed within the previous three (3) years with his/her bid.
Project name, customer, contact, address and telephone number to be included with
each listing.
2.06) The City reserves the right to abandon, without obligation to the Contractor, any part
of the project, or the entire project, at any time before the Contractor begins any work
authorized by the City.
2.07) Bidders shall not separate, detach or remove any portion, segment or sheets from the
contract documents at any time. Failure to bid or fully execute contract without
retaining contract documents intact may be grounds for designating bids as "non-
responsive" and rejecting bids or voiding contract as appropriate and as determined
by the City.
1
2.08) The Contractor shall furnish with the bid proposal a listing of one (1) supervisor with a
minimum of five (5) years experience licensed in the Right-of-Way, Turf and
Ornamental, and Aquatic categories, and three (3) applicators with a minimum of two
(2) years experience licensed by the Texas Department of Agriculture or Structural
Pest Control Board with the appropriate categories. Contractor to furnish a listing with
names, addresses and telephone numbers along with photo copies of each person's
Certified Commercial Pesticide Applicator Certificate and/or license.
2.09) The Contractor and it's owners are required to submit with the bid a list of contracts or
jobs which they have failed to complete or any violation of pesticide laws or
regulations for which they have been cited in the last ten (10) years in any State.
2.10) The City of Paris reserves the right to determine which is the lowest and best bid and
to accept or reject any or all bids based on that determination.
2.11) A pre-bid conference will be held, May 10, 2005 at 3:00pm at City Hall, 135 1st S.E.
St., Paris, Texas.
HERBICIDE SPECIFICA TlaNS
3.00)
SCOPE OF WORK:
Herbicide and ant treatments, as defined under Technical Specifications shall be applied to
the designated areas within The City of Paris. All areas to receive treatment are indicated in
the listing attached hereto.
3.01) Insecticide will only be used in selective areas as determined by the Parks
Supervisor.
4.00)
ORDERING AND MEASURING OF ADDITIONS OR DELETIONS TO WORK:
4.01) All work added or deleted will be specified by locations and approximate acreage.
Jointly, representatives of the City and the contractor shall measure areas added or
deleted to determine the exact acreage. Such measurements shall be documented
and signed by both representatives, and will be the basis for determining the final
scope of the work and contract price.
4.02) The work to be performed shall be as designated on the attached itemized list.
2
5.00)
FRE U ENCY OF WORK:
5.01) DRAINAGE AND WA TERIWASTE WATER OUTFALLS
All areas defined as Drainage or Water and Waste Water Outfalls shall receive two
(2) herbicide spray treatments during the growing season as follows:
a)
The initial treatment will begin in mid May, or date to be determined by the
City of Paris. First treatment shall be completed within thirty (30) calendar
days of notice to proceed.
b)
Second Treatment shall start eleven (11) to thirteen (13) weeks; after
completion of first treatment, depending on rainfall. Second treatment shall be
completed within thirty (30) calendar days of notice to proceed.
c)
Spot treatment may be required by the City within thirty (30) calendar days
following completion of the. treatment reflected above, when necessary to
secure effective control as required by these specifications.
PARKS AND RECREATION
All areas defined as Parks and Recreation shall receive three (3) herbicide spray
treatments during the growing season as follows: .
First Treatment Must begin within ten (10) days of Notice to Proceed. The first
complete treatment must be completed within thirty (30) days from the date of Notice
to proceed. The first ~pplication should be made in Mid February to Mid March.
(This will be excluded from the first year of the contract).
Second Treatment Must begin within ten (10) days of Notice to Proceed. The
second complete treatment must be completed within thirty (30) days from the date of
Notice to proceed. The second application should be made eight (8) to ten (10)
weeks after the first application, depending on weather conditions and regrowth.
Third Treatment: Must begin within ten (10) days of Notice to Proceed. The third
complete treatment must be completed within thirty (30) days from the date of Notice
to proceed. The third application should be made eight (8) to ten (10) weeks after the
second application, depending on weather conditions and regrowth.
Optional Treatment: At the sole discretion of the City of Paris shall utilize this
treatment in the case of an extended growing season and not as a follow-up
treatment. The timing of the treatment will be determined by the City of Paris.
5.02) Applications shall start within ten (10) days of notice to proceed.
5.03) In lieu of detailed routes and time/date schedules for treatment, the Contractor will, in
coordination with the City of Paris, develop a schedule that is mutually agreeable to
both.
3
6.00)
TECHNICAL SPECIFICATIONS:
Drainage Canals:
Parks and Recreation:
Areas of drainage canals to receive selective herbicide treatment is
further defined as being the bottom, side, and banks to the limits of
the right-of-way. In absence of a defined right-of-way the top edge
of the drainage canal channel wall or grade shall prevail. In the
event privately owned walls, fences, or other appurtenances are
present, treatment shall extend to their edge.
Areas shall receive (1) pre-emergent application and two (2) post
emergent applications to control undesired vegetation and
suppress growth of turfgrass, defined as any or all areas at the
designated location as directed by the City of Paris. Extreme care
should be taken so as to avoid damage to landscaped areas and
desired turfgrass. No products shall be used that would cause
staining of structures.
Water and Wastewater Areas shall receive selective herbicide treatment to control brush
Outfalls: and undesired vegetation, defined as any or all areas at the
designated location as directed by the City of Paris. Extreme care
should be taken so as to avoid damage to desired vðgetation.
Herbicides and Rates
Selective Treatment - Drainage:
A) Herbicide. Mix for First and Second Application by the Acre
18 oz. AQUAMASTER
32 oz. GARLON 3A
Y2% by volume Surfactant
Selective Treatment Turfgrass - Parks and Recreation Areas:
4
A)
Herbicide Mix for First Application and Second Optional
Application by the acre
Pre-emergent: 48 oz. ATRAZINE 4L
12 oz. JOURNEY
16 oz. VANQUISH
1/3% by volume 90/10 SURFACTANT
Post emergent: 12 ounces JOURNEY
16 ounces VANQUISH
%% by volume 90/10 SURFACTANT
Selective Treatment - WaterlWaste Water Outfalls:
A)
Herbicide Mix for Application by the Acre
24 oz. AQUAMASTER
48 oz. GARLON 3A
16 oz. VANQUISH
%0/0 by volume 90/10 SURFACTANT
6.01) Vegetation is defined as broad leaf weeds and grass (excepting Bermudagrass) vines
and brush. Elimination of undesirable vegetation growing in designated areas as
outlined below shall be controlled to release low growing grasses.
6.02) The optimum rates and combinations of products should be used in strict accordance
with their label and the manufacturer's recommendations to best suit the actual needs
of the specified areas. The use of the above products is recommended but approved
equals may be substituted, but only upon approval of the designated City of Paris
official. The herbicide treatment of vegetation, shall consist of a combination of
herbicide products which will effectively control undesired vegetation. Any turf that is
killed or permanently damaged shall be replanted, by the Contractor, by means of
seeding, and growth will be assured. Replanting shall be done at no additional cost to
the City.
6.03) The Contractor must be licensed by the Texas Department of Agriculture or Texas
Structural Pest Control Board in the appropriate categories. Copies of the license or
certificates and a listing of the license numbers and licensees shall be submitted with
the bid proposal.
6.04) The Contractor shall comply with all pesticide herbicide application requirements as
set forth by the Texas Department of Agriculture or Texas Structural Pest Control
Board, Federal Environmental Protective Agency requirements; and manufacturer's
instructions provided with the chemicals on labels and/or in accompanying brochures.
6.05) Only applicators licensed by the State of Texas Structural Pest Control Board or
Texas Department of Agriculture will be allowed to apply herbicide or service the
project - NO EXCEPTIONS.
6.06) The Contractor shall advise the City of Paris, in writing of the herbicides he/she
proposes to use in the treatment of vegetation of all types, and shall not proceed with
any work until such time as he/she has received written concurrence from the City.
6.07) All equipment used by the Contractor for herbicide application must be inspected and
licensed by the Texas Structural Pest Control Board or Texas Department of
Agriculture and must comply with all applicable State, Federal and OSHA regulations.
The Contractor shall submit a listing of equipment to be used with the bid proposal as
a basis for the City of Paris to determine the Contractors ability to perform the work
within the time frame specified.
5
6.08) A permanent amber caution light will be mounted on top of each piece of equipment
that operates from public roads.
6.09) The postings of locations to be treated shall be done in accordance with applicable
laws and regulations set forth by the Texas Department of Agriculture, Structural Pest
Control,-EPA and/or State Agencies.
7.00)
INSPECTION OF WORK:
7.01) Contractor is responsible for inspection of all areas to receive treatment.
7.02) The Contractor shall report any potential problems that are not designated by the
prior inspection, such as erodible areas which could be worsened by the herbicide
application. The Contractor shall contact the City representative and show him/her
the questionable area -before any work is performed on that site. -
7.03) No later than thirty (30) days after completion of each application a joint inspection by
representatives of the contractor and the City of Paris shall be made to determine the
- effectiveness of the treatment(s). --
7.04) In any case where the control is not totally effective, follow-up treatments will be
applied as required within five (5) days of inspection. Follow-up inspections will be
made of areas requiring spot treatments no later than thirty (30) days following
treatment to determine effectiveness, of the treatment for further payment.
7.05) Inspection findings shall be documented and signed by both representatives and will
be utilized to support requests for payment by the Contractor for satisfactory
completion of services.
7.06) All areas treated shall comply with the management of ninety-five percent (95%)
control of undesirable vegetation.
8.00)
RESPONSIBiliTY OF PROPERTY DAMAGE:
The Contractor shall be responsible for any property damage caused by the use of
chemicals, vehicles, or other equipment while engaged in this contract. The
Contractor shall pay for and maintain in force during the tenure of this contract, the
insurance listed below. The City of Paris shall be provided certified proof that such
insurance is, in fact, in force prior to the contract start work date and will continue in
force for the length of the contract. The City of Paris shall be named as an additional
insured under all such policies, and shall receive a minimum of thirty (30) days
advance written notice prior to the effective date of any cancellation or restrictive
amendment to such policies.
6
COVERAGE
LIMITS OF LIABILITY
A) Workman's Compensation
Statutory
B) Comprehensive General Liability (All Forms)
1) Bodily Injury
Single Limits
2) Property Damage
C) Motor Vehicle Public Liability
$1,000,000 Combined
1) Bodily Injury
Single Limits
2.) Property Damage
D) Chemical Drift
$1,000,000 Combined
$ 1,000,000 Single Limit
The Contractor agrees to indemnify and hold the City of Paris, its officers, agents,
and employees and the Architect and Engineers harmless from and against any and
all claims, demands, suits and judgments for damage to property or injury to or
deaths of persons caused by any act, neglect, omission of fault on the part of the
Contractor or on the part of any subcontractor, arising out of or in any way connected
with the work performed under this contract, including all court costs and attorney's
fees.
9.00)
BONDS:
Successful bidder must, within ten (10) working days of written notice to proceed,
furnish the following:
A) Performance Bond - 100% of contract.
B) Payment Bond - 100% of contract.
Performance and/or Payment Bonds must be written by a responsible agent authorized
to do business in the State of Texas.
10.00)
INITIAL PERIOD OF CONTRACT:
7
This contract will begin upon contract being signed and end December 31, 2005, with
an option for the City of Paris at its sole discretion to renew the contract for four (4)
additional one-year terms beginning January 1, 2006, subject to the right of either party
to cancel or terminate this contract as provided in paragraph 16.02 herein.
11.00)
12.00)
13.00)
14.00)
15.00)
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PROPOSAL REQUIREMENTS:
Bidders must attach the following items to the Bid Proposal; failure to comply with
requested attachments shall disqualify Bidder.
A) Copy of company license and applicators license and/or certificate;
Texas Structural Pest Control Board or Texas Department of Agriculture
Commercial Applicators License. (see 2.08).
B) Document of supervisors and applicators experience (see 2.08).
C) Completed form, Qualification of Bidder.
D) A list of at least 5 jobs completed. Please list size and scope of the projects.
(see 2.05).
E) Bid Security in the amount of five percent (5%) of bid proposal (see 2.02).
F) List of equipment (see 6.07).
G) List of any jobs that have failed to be completed and any pesticide violations (see
2.09).
BilliNG:
The Contractor shall bill the City of Paris by the end of each month. Partial payments
will be only on an as completed basis. A 10% retainage will be held from each
payment to be paid upon final acceptance and approval by the City of Paris after the 30
day inspection as noted in Section 2.2.
ASSIGNMENT:
Contractor shall not sublet, subcontract, or assign this contract or the work hereunder
in whole or in part without the consent of the City having first been obtained in writing.
INDEPENDENT CONTRACTOR:
The Contractor herein is an "Independent Contractor", and is obligated to furnish all
equipment and all personnel required to complete the work contemplated by this
project. The City is not obligated to furnish any equipment or personnel, contemplated
under this project (or to control or direct the actions of same), and at no time will the
personnel of the Contractor be deemed tó be employees of the City.
ADDITIONAL WORK:
The specifications and bid proposal submitted by the Contractor shall be incorporated
herein and are to be constructed as part of the Contract. If the City requests and
accepts bids or quotations for additional work which the Contractor agrees to provide,
such bids or quotations shall be incorporated herein and are to be construed as part of
the Project.
16.00)
ADDITIONAL FEATURES:
16.01)
16.02)
16.03)
16.04)
16.05)
16.06)
17.00)
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The decision of the City Manager shall be final in all cases of dispute that may arise
from execution of this contract.
This contract may be terminated by either party following delivery of a thirty (30) day
written notice to the other party stating such intent. Failure by the Contractor to supply
such notice will result in a pro-rated deduction of final payment made to the Contractor.
Failure by the successful bidder to satisfactorily enter into a Contract with the City or
failure to complete the Contract as prescribed in this Bid Package, will result in the
successful bidder being financially liable for damages to the City for the difference in
monies between their bid amount and the next lowest and best bidder or 10% of the
successful bidders original bid amount, whichever is greater.
Exceptions to the above specifications and requirements will be considered; but failure
to note exceptions, when they exist may result in rejection of the bid.
A Bid Security in the a 11ounLQf 5% oL!lliL.Qkl proposal amoun~ must
accompanv each proposal.
All questions concerning those specifications and requirements should be referred to
John Brunson, III City of Paris, Texas (903)784-9289
AWARD OF CONTRACT:
An award of the contract will not be made until the necessary investigations are made as to
the responsibility of the low bidder. Award of contract will be made by the City Council of the
City of Paris, upon the recommendation of the City Manager, to the lowest responsible bidder
meeting the requirements of the City of Paris. The City of Paris reserves the right to
determine which is the lowest and best bid and to accept or reject any or all bids based on
that determination.
Publish Dates: April 24, 2005
. May 1, 2005
NOTICE TO BIDDER
. The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 1st SE,
Post Office Box 9037, Paris, Texas 75461-9037 for Herbicide/Outdoor Insecticide Control
Services.
Bids will be received until 3:00 P.M. on Tuesday, May 17,2005, at which time all bids will be
publicly opened at the City of Paris City Hall Building, 135 1st SE, Paris, Texas, read aloud,
tabulated and referred to the City Council for consideration. All bids must be submitted on City
of Paris bid form(s).
Information, specifications and bid forms may be obtained at the Office of the City Manager, City
Hall, 135 1st SE, Paris, Texas 75460.
Those submitting bids are notified of city exemption from otherwise applicable sales and excise
taxes.
The City of Paris reserves the right to reject any and all bids, to w~ve any informality in bidding,
. ~
and to award bids as may be advantageous to the City. Time may be a consideration in awarding of
this bid.
All bids should be submitted on the City of Paris bid form. .
Janice Ellis
City Clerk
EXHIBIT E..
BID PROPOSAL
To: City of Paris
P.O. Box 9037
Paris, Texas 75460
In response to your Invitation for Bid, the undersigned bidder proposes to furnish to the City of
Paris the item(s) listed herein, with the time stated below, for the following price(s):
Separate Departmental Bids:
1. Selective Drainage Treatment:
a. 50 acres or less $ 254.00
per acre
Examples: 1.) Ditch at Fairgrounds, between Hickory St. and Clement Rd. $ 348.48
2.) Lake Crook Dam $ 1.694.00
3.) Buttermilk Creek, between Clark Lane and Clarksville St. $ 399.30
b. more than 50 acres $ 242.00
per acre
2. Selective Treatment - Tuñgrass:
-
Parks Pre-emergent:
$ 68.00
per acre (X)
220.68
acres = $
15.006.24
Total
Parks Post-emergent:
$ 63.00
per acre (X)
220.68
acres. = $
13.902.84
Total
Optional Application post-emergent:
$ 63.00
per acre (X)
220.68
acres = $
13.902.84
Total
3. Selective Treatment:
Water, Waste Water Outfalls and Right-of-Ways:
a. Brush Control $ 296.00
b. Weed Control $ 254.00
4. Nonselective Treatment:
per acre
per acre
Alleys, sidewalks and curb and gutter (hand spraying)
$125.00
I inear miles
Curb & Gutter (only) $ 108.00
linear miles
Parking lots, streets, playgrounds, etc. $ 348.00
per acre
Fences, property lines, etc. $ 428.00
5. Insecticide/Ant Bait:
linear miles
$ 72.00
per acre (see 3.01)
1
EXHI81T L..
§prayMAX. I nc. References
City of Tyler, Texas
Mr. Tommy Cornstubble
P.O. Box 2039
Tyler, TX 75710
(903) 531-1393
City of Longview, Texas
Mr. Jimmy Wright
P.O. Box 1952
Longview, TX 75606
(903) 237-1072
....
City of Kilgore, Texas
Mr. B. J. Owen
P.O. Box 990
Kilgore, TX 75663
(903) 987-2466
City of Hurst, Texas
Mr. Kevin Burlison
2001 Precinct Line Rd
Hurst, TX 76054
(817) 788-7202
City of Paris, Texas
Mr. John Brunson
P.O. Box 9037
Paris, TX 75460
(903) 784-9289
§prayMAX. Inc. - Tvler DistJjçt
2004 Ford F-250 - 200 Gallon Spray Truck
2000 Ford F-550 Super Duty - 500 Gallon Spray Truck
1998 International 4700LP - 800 Gallon roadside Spray Truck-
Computer Rate Control
1999 Internati-onal 4700DT - 2000 Gallon roadside Spray Truck-
Computer Rate Control - Chemical Injection
2000 International 4700 - 2000 Gallon roadside Spray Truck-
Computer Rate Control - Chemical Injection
2004 Ford F-550 - 600 Gallon Spray Truck
2001 Ford F-450 - 450 Gallon Spray Truck
2001 Ford F-650 -1250 Gallon roadside Spray Truck-
Computer Rate Control - Chemic~llnjection
1 - Kawasaki Mule - 100 Gallon Spray Rig
1 - Kubota RTV900 -100 Gallon Spray Rig