HomeMy WebLinkAboutResolution - 2010-R0204 - Service Contract With Lubbock Imports, Inc. For Ice Control - 04/19/2010Resolution No. 2010-RO204
April 19, 2010
Item No. 5.13
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 Service Contract for Ice
Control Salt -Annual Price per ITB# 10-067-FO, by and between the City of Lubbock and
Lubbock Imports, 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 _ April 19, 2010
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TOM MARTIN, MAYOR
ATTEST:
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Rebec1ca Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operati ns Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs.'RES.Contract-Lubbock Imports, Inc.
March 31, 2010
Resolution No. 2010-RO204
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Ice Control Salt -Annual Pricing
ITB #10-067-FO
THIS CONTRACT, made and entered into this 19t' day of April 2010, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Lubbock Imports
Inc. ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Ice Control Salt -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 service of the said Ice Control Salt.
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 provide to the City the Ice Control Salt
specifically referred to as Item(s) No. 1 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 one year, said date of term beginning upon City Council date of
formal approval. The City and Contractor may, upon written mutual consent, extend the contract for
two additional one-year periods. 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 most appropriate for the specific contract for the previous 12-months. 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. This contract shall remain in effect until the expiration date, performance of services ordered, or
termination by either party with a thirty (30) day written notice. Such written notice must state the
reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
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 finish the same according to the attached
specifications, offer, and terms and conditions contained herein. The Contractor shall perform the work
according to the procedure outlined in the specifications and Invitation to Bid attached hereto and
incorporated herein.
5. 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.
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. The City Right to Audit: At any time during the term of this thereafter the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the
right to audit Contractor's records and books relevant to all services provided under this 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.
8. This Contract consists of the following documents set forth herein; Invitation to Bid #10-067-FO,
General Conditions, 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.
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
'(Zebec Garza, City Secretary
APPROVED AS TO CONTENT:
:
— 1� " � ;4— 4 � d
Marsha Reed, Chief Operations Offic r
APPRO ED TO ORM:
Assistant City Attorney
CONTRACTOR
BY (� A"��
Authorized Rep esentative
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Address
03/11/2010 15:10 7752164 PAGE 07/22
10-061-FO-loe Control Salt -Annual Pdcing
Resolution No. 2010—RO204
BID FORM
Ice Control Salt -Annual Pricing
CiTY OF LUBBOCK, TEXAS
IT'B #10-067-FO
In compliance with the Invitation to Bid #10-067-FO, 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 #10-067-FO is by reference incorporated in this
contract. The Bid Foam must be completed in blue or black ink or by typewriter.
WEM
QTY
UNIT OF
DESCRIMON
UNIT
EXTENDED
DELIVERY
(more
MEASURE
PRICE'
COST
DAYS
or
BiD
ARO**
less)
1.
400
Tons
Granulated (CRUSHED) SALT NOT TO
$
S
EXCEED '/. INCH IN DIAMATER. Delivery
will be FOB 502 N 127 Lubbock
6�
/
10�
t90
*PRICE: F.O.S. Destinations, Freight Pre -Paid and Allewed. **Days After Receipt of Order (ARO)
Sid to be awarded on an alEor-none brass fir apv jo or grog of items shveu Whc d Roan.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net Icalendar days_
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms
will be NET TR RTY 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,
wbicliever 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 lower 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 shot include any provision for discounts to selling agents_ If at any time during the contract period, the
supplier sbould sell or offer for sale to any other customer, an equal or less quantity of similar contract products of hike or
better quality, at a lower net pricc(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the
lower price(s) on all deliveries trade during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local govm=ental entities of the
State of Texas, by mutual agreement with the successAil bidder, and property authorized interlocal purchasing agreements as
provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the tight 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 Hovidug Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Manici l Power Agency, Lynn County, and City of Wolflorth.
YES_ NO
• If you (thc bidder) chcckod YES, the following will apply-
• Governmental entities utilizing Iaterlocal 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
IT130 10-067-FO a
03/11/2010 15:10 7752164 PAGE 08/22
10-067-FO-Ice Control Salt -Annual PdrJng
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.
TITS BID IS SUBMITTED BY tSFt & ZAW, a corporation organized under the
laws of the State of , or a partnership consisting of
or an individual trading as of the City of-�.uL1�GrJ�
Zip--JL�Z
/ Z
Business Telephone Number s FAX: nx12— Z U
LABEL THE OUTSIDE OF YOUR SEALED BED WITH THE ITS NUMBED, THE CLOSWCx DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITS# 10-067-FO 7