HomeMy WebLinkAboutResolution - 2007-R0332 - Contract- Norit Americas Inc.- Powdered Activated Carbon - 07/26/2007Resolution No. 2007-RO332
July 26, 2007
Item No. 5.17
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Norit Americas, Inc., of Marshall, Texas, for powdered activated carbon -annual
pricing per Bid No. 07 -052 -FO, which Contract and any associated documents, are
attached hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 26th day of
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
j
Tom Adams
Deputy City Manager/Water Utility Director
APPROVED AkTO FORM:
4
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n Vandiver, Yomey of Counel
DDres/N oritAmeri cas07ConRes
July 19, 2007
July , 2007.
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Resolution No. 2007-RO332
CITY OF LUBBOCK
CONTRACT
For
Powder Activated Carbon - Annual Pricing
Bid No. 07 -052 -FO
TRIS CONTRACT, made and entered into this 26th day of July, 2007, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Norit Americas Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Powdered Activated Carbon -
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 Powdered Activated Carbon.
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:
I. 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
Powdered Activated Carbon specifically referred to as Item(s) No. one 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.
3. The Contractor shall perform the work according to the procedure outlined in the specifications
and Invitation to Bid attached hereto and incorporated herein. 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.
4. 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.
5. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consem of the other.
6. This Contract consists of the following documents set forth herein; Invitation to Bid 907 -052 -
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 �f
David A. Nfiller, Mayor
ATTEST:
re'bo6a Garza, City Secretary
APPROVED AS TO FORM:
r
ssistant Cryttorney
CONTRACTOR ncy'A �Mn-kcoST-hc'.
BY
Authorized Representa
Address
SI L X 7S 6 -7
APPROVED AS TO CONTENT:
Bruce Blalack
Water Production and Treatment Superintendent