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HomeMy WebLinkAboutResolution - 2006-R0311 - Letter Agreement - Petra Chemical Company - Water Treatment Chemicals - 06_26_2006Resolution No. 2006-RO311 June 26, 2006 Item No. 5.21 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 Letter Agreement by and between the City of Lubbock and Petra Chemical Company of Dallas, Texas, for water treatment chemicals, which Agreement 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: Garza, City Secretary APPROVED AS TO CONTENT: T omas Adams, Deputy City Manager AS TO FORM. k Don Vandiver, Attorney of Mres/PetraChem06ConRes June 16, 2006 rr�.- June , 2006. DAVID A. MILLER, MAYOR awl Resolution No. 2006-RO311 P.O. Box 2000 * 1625 13th Street • Lubbock, TX 79457 (806) 775-3002 • Fax: (806) 775-2051 Office of the City Manager June 8, 2006 Cliff Musgrave Petra Chemical Company 2929 Storey Lane Dallas, TX 75220 RE: ITB #06-040-MA — WATER TREATMENT CHEMICALS FOR WATER RECLAMATION PLANT/CONTRACT #6918 Dear Mr. Musgrave: PETRA CHEMICAL COMPANY has been awarded the item noted below on the Water Treatment Chemicals for Water Reclamation Plant on your response to the City of Lubbock Invitation to Bid #06-040-MA. 1. Purchase Orders will be issued by the City of Lubbock and cover the category of item shown below during the period beginning June 26, 2006 and ending June 25, 2007. The purchase order number must be on the invoice sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement. 2. Category of Items: Item#1 Sodium Hypochlorite 108,000 GL @ $.795/GL 3. PETRA CHEMICAL COMPANY's bid dated June 1, 2006, is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event PETRA CHEMICAL COMPANY fails to perform in accordance with their bid submittal dated June 1, 2006. CITY OF LUBBOCK: David A. iller Mayor "' • � � • •• lllilliliLq—mr.olp Deputy City Manager APPROVED AS TOFORM: cc: Charles Baldwin, Water Reclamation Vendor File ATTEST: Rebecca Garza City Secretary IT8 4t)t3.Od0-MA, Water Treatment Chemicals for Water Reclematlon Plant — Annual Pricing SUBMIT To: CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing & Contract Management iftam 1625 13a Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID OPPORTUNITY # 0 04 0 CONTACT PERSON: Marta Alvarez EMPLOYER VLL - -MA TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Water Treatment Chemicals for Water Reclamation Plant- Annual June 1,1006 @ 3:00 P.M. CST Pricing PRE BID DATE, TIME AND LOCATION: Any bids recelved offer the time and date listed above, regardless of the +node of May 25, 2006 @ 10:00 A.M., in the Municipal Building Purchasing delivery, shall be returned unopened. Conference Room 204 1625 13* Street, Lubboc Texas. RESPONDENT NAME: PETRA CHEMICAL COMPANY LABS, THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE MAILING ADDRESS: 2929 STOREY LANE "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY DALLAS TX 75220 AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE TELEPHONE NO: 214-352-1900 RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. FAX 214-350-6159 IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: cmusgrave@petrachem.com MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE 75-2598433 RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YiS—j NO IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (a) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at thS time t e City tenders final payment to the vendor. PRESIDENT Authorized Signature Title 051TBBestVat.doc ITB N66-044MA, Water Treatment Chemicals for Water Reclamation Plant — Annual Pricing CLIFF MUSGRAVE MAY 30, 2006 Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 051TBBestVat. doc ITB #08.040-MA, Water Treatment Chemicals for Water Reclamation Plant — Annual Pricing BID FORM Water Treatment Chemicals for Water Reclamation Plant - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #064040-M A In compliance with the Invitation to Bid #06-040-MA, 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 #E06-040-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITE UNIT OF UNIT PRICE' BID Extended Delivery M QTY MEASURE DESCRIPTION Cost Days b. C. d. a f. = b x e ARO" a. 1. 108,000 GL Sodium Hypochlorite 10% Solution, as specified $ (More or herein, .795 85,860 3 less) $ 2 92,000 LB Sludge Dewatering Polymer, as specified $ herein, NO BID *PRICE: F.O.B. Destination, Freight Pre-Pald and Allowed **Days After Receipt of Order (ARO) 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 terns 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 % 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 051T85estVat.doc ITS N06840-MA, Water Treatment Chemicals for Water Reclamation Plant— Annual Pricing 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. THIS BID IS SUBMITTED BY PETRA CHEMICAL COMPANY a corporation organized under the laws of the State of TEXAS , or a partnership consisting of or an individual trading as Firm: PETRA CHEMICAL COMPANY Address. 2929 STOREY LANE City: M Q DALLAS State: TX Zin 75220 of the City of _, /WBEFirm: Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Authorized RepjKesentative - must sign by hand Officer Name and Title: CLIFF MUSGRAVE, PRESIDENT Please Print Business Telephone Number 214-352-1900 FAX: 214-350-6159 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 WrM THE ITB NUMBER, THE CLOSING DATE AND TV1% AND YOUR COMPANY NAME AND ADDRESS. 05ITB8estVal,doc 4 Authorized RepjKesentative - must sign by hand Officer Name and Title: CLIFF MUSGRAVE, PRESIDENT Please Print Business Telephone Number 214-352-1900 FAX: 214-350-6159 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 WrM THE ITB NUMBER, THE CLOSING DATE AND TV1% AND YOUR COMPANY NAME AND ADDRESS. 05ITB8estVal,doc 4 ITB 008440-MA. Water Treatment Chemicals for Water Reclamation Plant —Annual Pricing SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A 110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: PETRA CHEMICAL COMPANY Signature of Company Date Signed MAY 30, 2006 Printed name of company official signing above: CLIFF MUSGRAVE 051TUestVal.doc 16