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HomeMy WebLinkAboutResolution - 2011-R0546 - Contract - O'tool Plastic Pipe Inc.- Irrigations Parts And PVC Supplies - 12_01_2011Resolution No. 2011—RO546 December 1, 2011 Item No. 5.16 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 for and on behalf of the City of Lubbock, Contract No. 10276-3 for irrigations parts and PVC supplies, by and between the City of Lubbock and O'Tool Plastic Pipe Inc., 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 December 1, 2011 TOM MARTIN, MAYOR ATTEST: i I , 9k Rcbk •ca Garza, City Secretary APPROVFD AS TO CO "-�CPIVDVIVA ]( colt Snider, Assistant City Manager Community Services APPROVED AS Tn FnRnA. _C Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-O'Tool Plastic Pipe, Inc. October 31, 2011 Resolution No. 2011-RO546 CONTRACT NO. 10276-3 CITY OF LUBBOCK, TX CONTRACT FOR IRRIGATION PARTS AND PVC SUPPLIES — ANNUAL PRICING THIS CONTRACT, made and entered into this 1" day of December, 2011, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and O'Tool Plastic Pipe, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Irrigation Parts and PVC 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 authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Irrigation Parts and PVC 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 general conditions and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will provide to the City, Irrigation Parts and PVC Supplies — Annual Pricing at a discount percentage off of the list price, and more specifically referred to as item(s) 1-5, 7-9, 11, 15-27, 32, 35, 42-45, 50 and 51 on the bid submitted by the Contractor attached hereto. 2. The contract term shall be a term of one year beginning upon City Council date if formal approval. The City and the Contractor may, upon written mutual consent, extend the contract for (4) additional one-year periods. 3. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. 4. Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to performance of the contract. 5. Contractor shall not represent that it is, or hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under the Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 7. 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. 8. This Contract consists of the following documents set forth herein; Invitation to Bid No, I I- 10276-CI, General Conditions, 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: Rebele,ca Garza, City ecret ty _) APPROVED AS TO Scott Snider, Assistant City Manager APPROVED AS TO FORM: Assistant City Attorney CONTRACTOR: BY Authorized Representative's Signature v2UI S l�g Print Name 3Q '6ZX 19 1-2 Address City, State, Zip Code Resolution No. 2011—RO546 ITB Irrigation Pans & PVC Supplies Bid No. 11-10276-CI City of Lubbock, Texas Purchasing and Contract Management BID FORM In compliance with the Invitation to Bid 11-10276-CI, 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 11-10276-CI is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION PERCENTAGE OF DISCOUNT OFF LIST PRICE SERVICE FEE FOR DELIVERY* RESTOCKING Delivery FEE FOR Days RETURNED ARO** PARTS 1. All Spears Wholegoods 10 % S 0 $ 0 3 2. All Spears Repair Parts 10 0 0 3 3. All Lasco Wholegoods 50 0 0 3 4. All Lasco Repair Parts 10 0 0 5 5. All DWV Wholegoods 20 a 0 3 6. All DWV Repair Parts POA 0 0 10 7. All Febco Wholegoods Mfg's list 0 25 21 8. All Febco Repair Parts Mfg's list 0 25 30 9 All Rainbird Wholegoods 30 0 25 5 10 AIRainbird Repair Parts POA 0 25 10 11. All Hunter Wholegoods 30 0 25 5 12. All Hunter Repair Parts POA 0 25 10 13. All Eagle Wholegoods no bid 14. All Eagle Repair Parts no bid 15. All ADS Wholegoods POA 0 25 5 16. All ADS Repair Parts POA 0 25 5 17. All TORO Wholegoods 30 0 25 5 18. All TORO Repair Parts Mfg's list 0 25 5 19, All Bermad Wholegoods Mfg's list 0 25 21 20, All Bermad Repair Parts Mfg's list 0 25 30 POA- please call for pricing ITB Irrigation Parts & PVC Supplies Bid No. I t-I0276-CI PERCENTAGE OF SERVICE RESTOCKING FEE FOR Delivery ITEM DESCRIPTION DISCOUNT OFF LIST FEE FOR RETURNED Days PRICE DELIVERY* PARTS ARO** 21. All Irritrol Wholegoods 30 0 25 5 22. 1 All Irritrol Repair Parts Mfg ' s list 0 25 10 23 All Weathermatic 30 0 25 3 Wholegoods 24 All Weathermatic Repair Mfg' s list 0 25 5 Parts 25 All RainMaster Mfg ' s list 0 25 10 Wholegoods 26 All RainMaster Repair Mfg ' s list 0 25 21 Parts All Netifim Wholegoods Mfg's list 0 25 10 27. (must be able to provide w/o check valve 28. All Netitim Repair Parts Mfg ' s list 0 25 14 All Valve Boxes 29 (various sizes, manufacturers, and M f g t s list 0 35 10 lockable 30. 18/13 Multi -Strand Irri ation Control Wire POA 0 25 5 31. 14 ga. Red Wire POA 0 25 5 32. 12 ga. Solid White Wire POA 0 25 5 33. A II Hatboxes (various POA 0 40 30 sizes and manufacturers 34. All Data Industrial Flow Mfg ' s list 0 25 21 Sensors to include wire 35. All ADS Wholegoods POA 0 25 5 36. All ADS Repair Parts POA 0 25 5 37 All Quaintam Metal Mfg' s list 0 0 3 Gasket Couplings 38. All Nelson Wholegoods POA 0 2 5 14 34. All Nelson Repair Parts POA 0 25 30 40. All Digg Wholegoods no bid 41. All Digg Repair Parts no bid 42 All Greenlee POA 0 25 21 Wholegoods 43. All Midwest POA 0 25 21 Wholegoods 44. All Buckner Mf g' s list 0 25 21 Wholegoods POA-- please call for pricing ITH Irrigation Pmis & PVC Supplies Bid No, 11-10276-CI PERCENTAGE OF SERVICE RESTOCKING Delivery ITEM DESCRIPTION DISCOUNT OFF LIST FEE FOR FEE FOR RETURNED Days PRICE DELIVERY* PARTS ARO** 45. All Buckner Repair Parts Mfg's list 0 0 21 46. All Champion Mfg's list 0 0 14 Whole nods. 47 All Champion Repair Mfg's list 0 0 21 Parts 48 All Class 900 PVC Pipe POA 0 30 3 and Fittings 49 All Class 200 PVC Pipe POA 0 30 3 and Fittings 50 All SCH.40 PVC Pipe POA 0 30 3 and Fittings 51. All SCH.80 PVC Pipe POA 0 30 3 and Fittings All Irrigation Plumbing Supplies, including but 52. not limited to: PVC Cement, Primer, Teflon Tape, Wire Splice Kits. 20 0 40 3 53. 1 All Polypipe and Fittings 20 0 0 5 *Service Fee for Delivery shall be a flat rate for delivery within a 25-mile radius of the City of Lubbock. **Days After Receipt of Order (ARO) In order to be considered for the award of this bid, bidders must meet the following criteria: 1. Must be a stocking dealer of the items bid. 2. Distribution office must be within a 25-mile radius of the City of Lubbock, Texas. 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. POA - please call for pricing ITB Irrigation Parts & PVC Supplics Bid No. I t-i 0276-CI PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of o %, 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 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 xx 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. IT6 irrigation Parts & PVC Supplies Bid No. I t-10276-Cl THIS BID IS SUBMITTED BY.O' Tool Plastic Pipe inc 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 Lubbock Firm: O'Tool Plastic Pipe inc Address: BOX 1917 City: LUBBOCK State: TEXAS Zip 79408 Bidder acknowledges receipt of the following addenda: Addenda No. f Date "'AmIk, Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) / 0//z/ // - must sign by hand Officer Name and Title: Dennis Dillon, vice president Please Print Business Telephone Number 762-1822 FAX: 762-1452 E-Mail Address: dennisootool . coin 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.