HomeMy WebLinkAboutResolution - 2008-R0127 - Contract- Airgas Specialty Products - Anhydrous Ammonia - 04_10_2008Resolution No. 2008-RO127
April 10. 2008
Item No. 5.22
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 a Contract and any associated documents with Airgas Specialty Products of
Duluth, Georgia, for Anhydrous Ammonia —Annual Pricing per ITB #08-034-FO, which
Contract and any associated documents are attached hereto as Exhibit A and made a part
hereof for all intents and purposes.
Passed by the City Council this 10th day of April , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
Reb ,ca Garza, City Secretary
APPROVED AS
Thomas Adams
Deputy City Manager/Director of Water Utilities
APPROVED AS TO FORM:
on Vandiver, Attorney v Counsel
DDms/AirgasAmmonia08ConRes
April 3, 2008
Exhibit A
Resolution No. 2008—RO127
CITY OF LUBBOCK
CONTRACT
For
Anhydrous Ammonia - Annual Pricing
ITB #08-034-FO
THIS CONTRACT, made and entered into this loth day of April, 2008, pursuant to a resolution heretofore adopted by
the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Airgas Specialty Products, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Anhydrous Ammonia — 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 Anhydrous Ammonia — 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 Anhydrous Ammonia specifically referred to
as Items) No one (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 three years, said date of term beginning upon City Council date of formal
approval. 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. Listed quantities are estimate only. Actual quantities may vary.
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.
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.
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 #08-034-FO, General
Conditions, Specifications, and the Bid Form.
08-034-F0. 22
This Contract consists of the following documents set forth herein; Invitation to Bid #08-034-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
CONTRACTOR
4` BY
David A. Mille , Mayor Au orized Representative
ATTEST:
A2ae,r—� C�—�
ICe—becA Garza, City Secrets
APPROVE TO T:
Thomas L. Adams, Water Utilities Deputy City Manager
OVED AO ORM:
Assistant tity Attorney
08-034-Fo. 23
Address
Resolution No. 2008—RO127
SUBMIT TO:
a
CITY OF LUBBOCK
` ` ► '
CITY OF LUBBOCK, TEXAS
Purchasing &Contract Management
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1625 131" Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL
INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Felix Orta
EMPLOYER
#08-034-FO
TEL: 806.775.2167
FAX: 806,775.2 I64
http:/Ipurchasing.ci.lubbeck.tx.us
TITLE: Anhydrous Ammonia - Annual Pricing
SUBMITTAL DEADLINE:
March 20, 2008, 3:00 p.m. CST
PRE BID DATE, TIME AND LOCATION: DELETED.
Any hids received after the time and dale hated above, regardless ojthe
mode ofdelivery, shall be returned unopened.
RESPONDENT NAME: ^
I t f3`
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
I I C-
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
MAIL ADDRESS- S1�LiL'
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY - STATE - ZIP: a
f
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
OU, I to ft `,4 5?00 7
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
TELEPHONE NO:
(�GY� 2 rJS Z Z Z5
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
IN THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
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U
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
full;
` 69° T
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
FEDERAL TAX ID NO. CIAL ECURITY NO.
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
7
2,15
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NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
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 purchase 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? YES, NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO B@ AND
SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO HE 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. 1 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 (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective
at the time the City tenders final payment to the vendor.
f� �
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Aut (riz gnature Title
M Arfi') tJ iniGIYIe0 3��Ct�
PrintlType Name Date
THIS FORM MUST BE COMPLETED AND RETUXWED WITH YOUR RESPONSE.
08-034-FO.
BID FORM
City of Lubbock
Anhydrous Ammunia - Annual Pricing
ITB #08-034-FO
In compliance with the Invitation to Bid # 08-034-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 # # 08-034-FO is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
UNIT OF
UNIT
Extended
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
PRICE*
Cost
Days
BID
ARO**
a.
b.
C.
d.
e.
f= b x e
1.
83
TN (More or
Anhydrous Ammonia.
$ �d
$ %qt -700
Less
Please see Specifications.
7
7
Overall Total
.7 e .70
0
*PRICE: F.O.B. Destinations, Freight Pre -Paid 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 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 741, 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 !V/_
• 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 materiaWservice as needed.
06.034-F0.
THIS BID IS SUBMITTED BY � C' S a �'C.. p edGt C fS a corporation organized under the
laws of the State of j�C lGA w e, re or a partnership consisting of
or an individual trading as of the City of
Firm: ' Tr(cG.� �!}�'L�li'fli�'L�C[iZ[ ff
n '�1
Address: 3��i.7 su�;� r /oc, f K u y+ �t° 3oc'
City: U ILA TGi State: 6-4 Zip
M/WBE Woman Black American Native American
Firr is
Hispanic American I I Asian Pacific I I Other (Specify)
American
B y z Date: U
}Authorized Representative - must sign by hand
Officer Name and Title: l Gc C .n j. `�jc ��'� _ 11/ _P _ia jC
Business Telephone Number Z'ZZ- 5 FAX: (-77 (;) -7 7 r Z- Z 2- 2-
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
08-034-Fp. 8