HomeMy WebLinkAboutResolution - 2010-R0590 - Contract 9757 Kitten Fertilizer & Supply For Lubbock Preston Smith Airport - 12_02_2010Resolution No. 2010-RO590
December 2, 2010
Item No. 5.16
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. 9757 for airport
granulated urea -annual pricing per ITB 10-143-DD, by and between the City of Lubbock
and Kitten Fertilizer & Supply, Inc. of Slaton, 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 December 2, 2010
TOM MARTIN, MAYOR
ATTEST:
RebecL Garza, City Secretary
APPROVED AS TO CONTENT:
'" Z///e--�
Loomis, Executirv-e-15irect4 of Aviation
APPROVED AS TO FORM:
Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Kitten Fertilizer & Supply, Inc.
November 8, 2010
CONTRACT 9757
Resolution No. 2010—RO590
CITY OF LUBBOCK
CONTRACT FOR SERVICES
AIRPORT GRANULATED UREA - ANNUAL PRICING
CITY OF LUBBOCK, TEXAS
ITB-10-143-DD
THIS CONTRACT, made and entered into this 2nd day of December, 2010, pursuant to a resolution between the City of
Lubbock ("City"), and Kitten Fertilizer & Supply, Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Granulated Urea as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore
adopted acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering
the said, Granulated Urea.
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 specifications and bid are hereto and made part hereof,
Contractor will deliver to Airport the City the Granulated Urea specifically referred to as Item(s) No. 1 and more
particularly described in the bid submitted by the Contractor or in the specifications.
2. The Contractor shall perform the work according to the procedure outlined in the specifications.
3. The contract shall be for a period of two years, said date of term beginning upon formal approval. The City and
Contractor may, upon written mutual consent, extend the contract for one additional one-year period. 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, whichever is most appropriate for all items. If agreement cannot be reached, the contract is terminated at the end
of the current contract period. This contract shall remain in effect until the expiration date, performance of services
ordered, or termination of 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. 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. The City Right to Audit: At any time during the term of this contract and for a period of four (4) years thereafter
the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable
times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract.
In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City
the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves
the right to deduct such amounts owing the City from any payments due Contractor.
6. 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.
This Contract consists of the following documents set forth; Invitation to Bid #10-143-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 Martin, Mayor
ATTEST:
Rebecla Garza, City Secretary
TO CONTENT:
Director of Aviation
APPROVED AS T - FORM:
Assistant City Attorney
CONTRACTOR:
BY
Authorized epresent ive
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Address =�W,r�(O
Resolution No. 2010-RO590
ITB-10-143 -DD Airport Granulated Urea -Annual Pricing
SUBMIT TO:
CITY OF LUBBOCK
Purchasing &Contract Management
i Of
city CITY OF LUBBOCK, TEXAS
1625 13" Street, Rm 204
10bbock
Lubbock, Tx 79401-3830
tEXAS
INVITATION TO BID
CONTACT PERSON:
AN EQUAL
Darlene Doss - Buyer
OPPORTUNITY
EMPLOYER
10-143-DD
TEL: 806.775.2168
FAX: 806.775.2164
http://purcha-sing.ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
AIRPORT GRANULATED UREA -ANNUAL PRICING
November 2, 2010 ® 3:00 PM CST
PRE BID DATE, TIME AND LOCATION:
Any bids received after the time and dare listed above.
October 20, 2010, ® 9:00 AM In the City Council Chambers, 1625-13° Street,
regardless ofthe mode of delivery, shall be remnred unopened.
Lubboc
RESPONDM
bpply Inc"
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS.
MAILING ADDRESS:
+
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY —STATE —ZIP: l /
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
L %1/
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
TELEPHONE NO: npo
tf d%1 2 LiL
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:
RE ST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
CK DIRECTOR
OCONTRACT SE HMANAGEMENT E CITY OF BIF
E-MAIL: �(f /
';PURCHASSIBILING AND ANY
REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED
IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE
SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE DIRECTOR
OF PURCHASING AND CONTRACT MANAGEMENT NO LATER THAN FIVE
5 BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AC ES ITS BID IS BASED ON ANY ADDENDA POSTED ON
BIDSYNC.COM YES_ NO
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 ill any otJicer 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 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 1 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 (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.
/;r' !/ .— ) /<? , 1 _t,
Authorized S1gnafare T Title
PrinVType Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB-10-143-DD
ITH-1 n-143 -DD Airpon Granulaml Urea - Annual Pricing
BiD FORM
AIRPORT GRANULATED UREA -ANNUAL PRICING.
CiTY OF 1.UBBOCI-, TEzVkS
iTB-10-143-DD
In compliance with the invitation to Bid 10-143-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 10-143-DD is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
17'E4[
Q"TY
UNIT OF
MEASURE
Lfory or less
DESCRIPTION
UNIT
UNIT
LXTFNDLD
*COST
Delivery
Days
ARO**
Granulated Urea used for de-icing runways
and taxiways, Urea is to be delivered to
Lubbock Preston Smith International Airport
within 214-hours of notification by the City.
Urea shall be screened prior to bagging with
no more than ten (I0) % passing through a
number sixteen (16) Tyler Screen. Urea shall
be packaged in one (1) ton drawstring bags.
Chemical contents MUST be as follows:
Nitrogen — 45%.
1.
48
TON
Available Phosphorus acid --- Oaf,,
Soluble Potash — 0%,
S
S
Sulfur Combines-- 09'.
Random samplings using a number-IG Tyler
Screen on not less than five bags will be
taken prior to acceptance of each delivery.
Deliveries will not be accepted if not
TARPED and have a laver of cardboard
between the bags and pallets. Used bags shall
be returned upon each subsequent delivery.
(This description is the specification)
*PRICE: F.O.B. City of Lubbock **Days After Receipt of Order (ARO)
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive
immatcriul formalities,
in order to assure adequate coverage for remote locations throughout the City and Lubbock County, the City may
stake multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best
interest of the City. Cost and location will he used in making this determination, A decision to make it multiple
ativard of this Bid, however, is an option reserved by the City, based on (lie needs of the City.
PAYMENT I-ERNIS AND DiSC:OUNTS - Bidder offers a prompt payment discount of '45,, r,vt -calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payrrtent terms
will be NE-' THIRTY DAYS. The City will pay the SUCCCSSfUl bidder within thirty clays after the receipt of a correct
invoice or after the (late of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by
the City within a stipulated number of days will he interpreted as applying within the stipulated number of calendar days
palter the date of receipt by the City of a correct invoice or alter the date of acceptance that meets conn,wt MILHrerrtents.
whiche:er event occurs later. Discounts tier payment in less than ten days will not be considered.
1113-10-143-DD Alwort Granululal Gr v - Anniml Pnemg
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 productslseryices: does not include
:uh element of profit on the sale in excess of that normally obtained by the Bidder on the sale of product;'scn ices 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(~) than provided herein, supplier agrees to notify the City and <ell flame
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 ngreementx
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 ,overnmcutal 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 Governnients, 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 billowing 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 +�nt�1t J11rj&A9 their own materials -service as needed.
THIS BID IS SUBMITTED BY Supply Inc. acorporation organized under the
laws of the State of _, or a partnership consisting of,_ or an
individual trading as of the City of
Firm: ,til0fl Fe IZ--_r—_•..__
Suppy in
City: .�«2�+a �r`rrr�f Stater Lip ? J .--J
JII/WBE
Firm:
By
Woman
Black American Native American
Hispanic American
Asian Pacific Other (Specify)
American
- ntrrst.ti•it,>rt
Officer Hume and Title:
r
Business Telephone Number b 44 /-�-- _ Fr\
E-Mail Address '3 % � .G,y t ' i� ie Lt' /eez
L:U31i L THE M.i'fSIDE OF YOUR SEALED BID WITH TIM. ITB NUMBER. TIIE CLOSING i);t'1'E :1\f)
'T ENIF, AND YOL R COiYiPANY NAME ANl) ADDRESS.
1.111-N-Id3.UD