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HomeMy WebLinkAboutResolution - 2010-R0164 - Service Contract (No. 9347) With Centerline Supply, Ltd For Traffic Paint - 04_08_2010Resolution No. 2010—RO164 April 8, 2010 Item No. 5.12 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 9347 for traffic paint -annual pricing per ITB 10-044-DD, by and between the City of Lubbock and Centerline Supply, Ltd. of Grand Prairie, 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 April 8, 010 TOM MARTIN, MAYOR ATTEST: RRebe Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman irector of Purchasing & Contract Management APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Centerline Supply Ltd. March 22, 2010 IT13-10-044-1313, TRAFFIC PAINT -ANNUAL PRICING Resolution No. 2010—RO164 CITY OF LUBBOCK CONTRACT FOR TRAFFIC PAINT - ANNUAL PRICING ITB-10-044-DD THIS CONTRACT made and entered into this 81" day of April, 2010, by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Centerline Supply LTD. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Traffic Paint 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 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 Traffic Paint. 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 Traffic Paint -Annual Pricing specifically referred to as Item(s) No. 1 and 2 as described in the bid submitted by the Contractor or in the specifications attached hereto. 2. 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 that 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. 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. ITB-10-044-DD.doc ITB-10-044-DD, TRAFFIC PAINT -ANNUAL PRICING 7. This Contract consists of the following documents set forth herein; Invitation to Bid 10-044-DD, 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 Tom Nfartin, Mayor ATTEST: Rebe Garza, City Secretary APPROVED AS TO CONTENT: CONTRACTOR BY Authonzed �Repreientative.cWo4a-'V Address/u Victor KilniA, Mrector of Purchasing and Contract Management APP AS TO FORM: Assistant City Attorney ITB-10-044-DD.doc 2 ITB-10-044-DD. TRAFFIC PAINT -ANNUAL PRICING BID FORM Resolution No. 2010—RO164 TRAFFIC PAINT - ANNUAL PRICING CITY OF LUBBOCK, TEXAS ITB-10-044-DD In compliance with the Invitation to Bid 10-044-DD, 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 10-044-DD is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. QTY Unit of ITEM (approximately) Measure DESCRIPTION Unit Price Extended Cost Yellow Water Base Traffic Paint Aexcel 1. 48 EA 55 GALLON Brand ONLY - Jet Dry ONLY $ �o Gy0 $ #72Y-A056 5 --✓ DRUM normal or slow dry will not be accepted White Water Base Traffic Paint Aexcel 2. 26 EA 55 GALLON Brand ONLY - Jet Dry ONLY $ $ ' 3f ►— #72W-A042 � DRUM normal or slow dry will not be accepted OVERALL TOTAL $ *Prices quoted are F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) SHIPPING INSTRUCTIONS: All 55-Gallon Drums and must include MSDS Sheets. Must have Hazardous Material labels affixed to drums. Top of drums must have a 2" opening. VERY IMPORTANT: MUST BE SHIPPED ON PALLETS " ON A FLATBED TRUCK" OTHERWISE SHIPMENT WILL BE REFUSED AND RETURNED Ship to: City of Lubbock - Warehouse 306 Municipal Drive Lubbock, Texas 79403 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities. The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of U %, net3_° 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 piontpt payment requiring payment by the City within a stipulated number of days will be interprctcd 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. ITB-10-044-DD.doc 7 ITB-10-044-DD, TRAFFIC PAINT -ANNUAL PRICING 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 heishe 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 X • 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. THIS BID IS SUBMITTED BY S0APLi G7-0 a corporation organized under the laws of the State of 71x 45 , or a partnership consisting of trading as Firm: .5&0?104 Y LTjO of the City of Address: 57:Kv -57"-5 £ _,.,r City: 6,24v0 644u,4v State: '2—X Zip M/WBE Finn: By ` ..... Officer Name arid" Title: Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American iiorized Representative - must sign or an individual Business Telephone Number 1 �—�'� % FAX:� LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB-10-044-DD.doc 8