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HomeMy WebLinkAboutResolution - 2011-R0012 - Contract - DPC Industries Inc.- Liquid Chlorine Annual Pricing - 01/13/2011Resolution No. 2011-R0012 January 13, 2011 Item No. 5.17 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. 9866 for liquid chlorine - annual pricing, by and between the City of Lubbock and DPC Industries, Inc. of Sweetwater, 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 on January 13, 2011 TOM MARTIN, MAYOR ATTEST: W14, !Wo�44—al ely Z "i MR,-, nib P. � "R . �Z r APPROV17D AS TO CONTENT: Marsha Reed, P.E., Chief Operati ns Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocsrRES.Contract-DPC Industries, Inc. December 13, 2010 Resolution No. 2011-R0012 Contract No. 9866 CITY OF LUBBOCK CONTRACT FOR SERVICES For Liquid Chlorine - Annual Pricing Bid No. 11 -021 -DT THIS CONTRACT, made and entered into this 13`h day of January, 2011, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and DPC Industries, Inc. of Sweetwater, Texas ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Liquid Chlorine — 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 Liquid Chlorine — 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 Liquid Chlorine 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 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 City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. The contract shall be for a term of one year, said date of term beginning upon City Council formal approval. The contract may be renewed for two (2) additional one year terms under the same terms and conditions upon written agreement from both parties. 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. 5. 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 ITB 11 -021 -DT Liquid Chlorine Page 24 of 26 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. 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. 7. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Tyne Worker's Compensation Employers Liability or Occupational Medical and Disability Commercial General (public) Liability per Occurrence Endorsements - General Aggregate - Products-Comp/Op AGG - Personal & Adv. Injury - Contractual Liability Comprehensive Automobile Liability a. Any Auto Amount Statutory $500,000 Combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent. Combined single limit for bodily injury and of $500,000 per occurrence or its equivalent The City of Lubbock shall be named a primary additional insured on auto/general liability with a waiver of subrogation in favor of the City on all coverage's and to include products of completed operations endorsement. All copies of the Certificates of Insurance shall reference the bid for which the insurance is being supplied. The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. ITB II -021 -DT Liquid Chlorine Page 25 of 26 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. 9. This Contract consists of the following documents set forth herein; Invitation to Bid 11 -021 -DT, 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: 5 7/1-1 - - I., IV. . � Tom Martin, Mayor ATTEST: CONTRACTOR: BY _&k�_ Authorized Re •esentative R o, bt�� Address #a - _W1 Swee—f"�rwz��x 7 X55 -& City, State, Zip ebecca Garza, City Secre APPROVED AS TO CONTENT: 7 Marsha I&Zr, Chief Operating Officer APPROVED AS TO FORM: Assistant City Attorney ITB 11 -021 -DT Liquid Chlorine Page 26 of 26 Resolution No. 2011-R0012 BID FORM City of Lubbock In compliance with the Invitation to Bid 11 -021 -DT, 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 -021 -DT 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 uays Alter tceccipt U1 %JIUVL k. -.MW) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of ) ft' %, 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 Mun=IPower Agency, Lynn County, and City of Wolfforth. YESNO • 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. ITB 11 -021 -DT Liquid Chlorine Page 7 of 26 UNIT Extended Delivery ITEM QTY UNIT OF DESCRIPTION PRICE* Cost Days (+/-) MEASURE BID ARO** Liquid chlorine in one -ton cylinders, as $ $ ao 1. 570 Ton specified herein. 5 %q 330, 03, rv,s *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed uays Alter tceccipt U1 %JIUVL k. -.MW) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of ) ft' %, 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 Mun=IPower Agency, Lynn County, and City of Wolfforth. YESNO • 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. ITB 11 -021 -DT Liquid Chlorine Page 7 of 26 BID FORM THIS BID IS SUBMITTED BY L 1 �%N L VS Mies ► Ave, a corporation organized under the laws of the State of or a partnership consisting of or an individual trading as of the City of SWQP.�ttJ�FTQit �T� Firm: P� /Y US` P"163, I se Address: "PC) ✓5Gq City: �We�-f-"� State:__ Zip MIWBE Firm: By Officer Name and Title Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American /2 - 9-020 /a Business Teleohone Number 50qy `(�� �7 3 FAX:cJ� vo9_3b E -Mail &x 3,?5-A3s-_?3y3 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB 11 -021 -DT Liquid Chlorine Page 8 of 26