HomeMy WebLinkAboutResolution - 2011-R0140 - Contract - Airgas Specialty Products - Anhydrous Ammonia, Annual Pricing - 04/14/2011Resolution No. 2011—RO140
April 14, 2011
Item No. 5.11
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. 9990 for anhydrous
ammonia -annual pricing, by and between the City of Lubbock and Airgas Specialty
Products of Lawrenceville, Georgia, 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 14, 2011
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operations Officer
APPROVED AS TO FORM:
Chad Weavk, Assistant City Attorney
vw:ccdocslRES.Contract-Airgas Specialty Products
March 30, 2011
Resolution No. 2011—RO140
CONTRACT 9990
CITY OF LUBBOCK, TX
CONTRACT FOR SERVICES
for
Anhydrous Ammonia - Annual Pricing
ITB 11--9990-DT
THIS CONTRACT, made and entered into this 14TH day of April 2011, by the City of Lubbock, Texas,
by and between the City of Lubbock ("City"), and Airgas Specialty Products ("Contractor") of
Lawrenceville, GA.
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Anhydrous Ammonia - Annual
Pricing for the City of Lubbock 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 accepted such bid, and authorized execution, in the name of the City of Lubbock of a contract with
said Contractor covering the purchase and delivery of the said Anhydrous Ammonia.
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 Anhydrous
Ammonia 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 term shall be for an initial one (1) year period, said date of term beginning upon
City Council date of formal approval. The City and the contractor may, upon written mutual
consent, extend the contract for two (2) additional one (1) 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 the most appropriate for
the specific contract for the previous first year. 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 City agrees to pay the
Contractor according to the payment schedule attached; said payment schedule does not include
any applicable sales or use tax.
5. The Contractor shall perform the work according to the procedure outlined in the specifications
and Invitation to Bid attached hereto and incorporated herein.
Q: Pwcba ei id Docsi l 1 -9990 -DT
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.
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.
8. 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 -9990 -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
Torn Martin, Mayor
ATTEST:
Rcbecc4 Garza, City Secretary
APPROVED AS TO CONTEN
UL� , V1
Marsha Reed, Chief Operating Officer
APP AST FORM:
Assistant City Attorney
ITH 11-99941-6T Anhydrous Ammonia `AP
CONTRACTOR
BY
Auth ized Representative
2-�5 30 Sever R cO $fie 7�C
Address
the laws of the State of L ' !-awy c , or a partnership consisting of
or an individual trading as of the City of
City: .�-� Ari !'Q� ZQ ✓� 1 le- State
MIWBE
Firm:
Woman
Hispanic American
Black American
Asian Pacific
American
B/
y
Authorized Representative - must sign by hand
Officer Name and Title: 1 "Y-1-!�c_"'
Zip =;)U,
Native American
Other (Specify)
Date. '_'r is / /r
Please Print '
Business Telephone Number f00)_ FAX= &. 77A'S —7231
E -Mail Address: -5-�Q �''► {ice G� ��. G17A"
FOR CITY USE ONLY
Bid Form item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council ({or 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.
IT13 11 -9994 -DT Anhydrous Ammonia • AP
Resolution No. 2011—RO140
BID FORM
City of Lubbock
In compliance with the Invitation to Bid 11 -9990 -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 -9990 -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 **After Receipt of Order'
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 Iess 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
be/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 Cif Wolfforth.
YES NO t ,
• 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. Eac governmental entity will order their own materialsfservice as needed.
THIS BID IS SUBMITTED BY a /�ekv G r70&uc_ ka corporation organized under
ITB 11 -4990 -QT Anhydrous Ammonia. - AP
UNIT OF
DESCRIPTION
UNIT
Extended
Delivery
ITEM
QTY
MEASURE
PRICE*
Cost
Days
(more of less)
BID
ARO**
a.
b.
C.
d.
e.
f= b x e
Anhydrous Ammonia. As specified herein.
f _
009
2 --
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **After Receipt of Order'
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 Iess 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
be/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 Cif Wolfforth.
YES NO t ,
• 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. Eac governmental entity will order their own materialsfservice as needed.
THIS BID IS SUBMITTED BY a /�ekv G r70&uc_ ka corporation organized under
ITB 11 -4990 -QT Anhydrous Ammonia. - AP