HomeMy WebLinkAboutResolution - 2013-R0124 - Contract- Cargill Inc.-Deicing Technology Business Unit - Ice Control Salt - 05_01_2013Resolution No. 2013-RO124
May 1, 2013
Item No. 5.6
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. 11123 for ice control salt,
by and between the City of Lubbock and Cargill, Inc. -Deicing Technology Business Unit,
of North Olmsted, Ohio, 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 May 1, 2013
G C. O RTSON, MAYOR
ATTEST:
Rebe ca Garza, City ecretary
APPROVED AS TO CONTENT:
k. 1&1�41-YA44X) —
R. Keith Smith, P.E., Chief Operating Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocsIRES.Contract-Cargill, Inc.
April 2, 2013
Resolution NO. 2013-RO124
CITY OF LUBBOCK, TX
CONTRACT
FOR ICE CONTROL SALT
CONTRACT NO. 11123
THIS CONTRACT made and entered into this Vt day of May, 2013, by and between the City
of Lubbock ("City"), and Cargill, Inc. -Deicing Technology Business Unit, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Ice Control Salt and bids
were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City
authorized the execution, in the name of the City of Lubbock a contract with said Contractor
covering the purchase and delivery of the said Ice Control Salt.
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 are
attached hereto and made part hereof, Primary Contractor will deliver to the City, Ice
Control Salt and more specifically referred to as Item one on 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 procedures outlined in the Bid
Form and Specifications attached hereto. The contract shall be for a term of one year,
with the option of two, one year extensions, said date of term beginning upon formal
approval. All stated annual quantities are approximations of usage during the time period
to be covered by pricing established by this bid. Actual usage may be more or less. Order
quantities will be determined by actual need. The City of Lubbock does not guarantee
any specific amount of compensation, volume, minimum, or maximum amount of
services under this bid and resulting contract.
4. This contract shall remain in effect until the expiration date, performance of services
ordered, or termination of by either party with a thirty 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.
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.
G. Neither the City nor the Contractor shall assign, transfer or encumber any rights, clutics or
interests accruing it•om this Contract without the written consent of the other.
7. The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court 01' competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, this provision shall control.
9. At any time during the term of the contract, or 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 to the City 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 lull amount
Of' Such overpayments within thirty (30) days of such audit findings, or the City, at its
option, reserves the right to deduct such a1110un1S owing the City from any payments due
Contractor.
10. This Contract consists of the lbllowing documents set forth herein; Specifications, and
the Bid Dorm.
IN WiTNESS WIILREOIF, the parties hereto have caused this Contract to be executed the
day and year first above written. LxeCUted in triplicate.
CITY OF LUBBOCK
Glee Robertson, Mayor
ATTE.s'r:
Reb cca Garza, City Secret,
CONTRACTOI
11 Y11
U
Author .ed Representative
Danielle Wilford
Print Name -
24950 Country Club Blvd_., Suite #450
Address
North Olmsted, OH 4407
A1)1)1ZCJi^Jv i'1) AS TO oiv'1-1 'INT: City, State, 'Lip Code
12
R. Keith Smith, P.l:, Chief'Operating Officer
AI'PI 1?D S TO FORM:
Assistant City Attorney
City of Lubbock, TX
Ice Control Salt
General Specifications
I. SCOPE: The City of Lubbock is seeking a service contract for Ice Control Salt. The salt is
used to melt snow and ice on our City streets during the winter months.
II. SCOPE OF SERVICES: The salt in this bid will be distributed on City streets by Street
Department personnel during snow and ice events to melt the snow and ice. This is a needed
product so that the Street Department can try to keep the traveling public safe during winter
storms. Delivery will be FOB TO 502 N 1-27 Lubbock, Texas
III. TERM: The contract shall be for a term of one year, with the option of two, one year
extensions, said date of term beginning upon formal approval. All stated annual quantities are
approximations of usage during the time period to be covered by pricing established by this
bid. Actual usage may be more or less. Order quantities will be determined by actual need. The
City of Lubbock does not guarantee any specific amount of compensation, volume, minimum,
or maximum amount of services under this bid and resulting contract.
BID FORM
Ice Control Salt
City of Lubbock, TX
ITB No. 13-11223-DG
In compliance with the Invitation to Bid 13-11223-DG, 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. A bid will be subject to being considered irregular and may be
rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. The Invitation to Bid 13-11223-DG is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
ITEM
QTY
-
UNIT OF
MEASURE
DESCRIPTION
UNIT PRICE*
BID
EXTENDED
COST
Delivery
Days
ARO**
1•
400
Tons
Granulated (Crushed) Salt
S 76.30
S 30,520.00
10-14
Not to Exceed'/, inch in
Diameter per
specifications
Total Cost
S 30,520.00
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for Ice Control Salt with one or more contractors. In order to assure
adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired,
if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an
option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of N/A %, 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 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?
QTURMASE113I1) DOCUMC•NTSIBUY17MAVID000JT0 I]-I122]-IX7
Other governmental entitles 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 X 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
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.
QPUMIASCLID POCUMEMMUMMAV0201)UTO 11-11223-DO
5
Cargill, Inc. — Deicing Technology Business Unit
THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of
Delaware , or a partnership consisting of
of the City of
Firm: Cargill. Inc. — Deicing Technology Business Unit
Address: 24950 Country Club Blvd. , Suite #450
City: North Olmsted
Bidder acknowledges receipt of the following addenda:
Addenda No. N/A Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE Firm
State: Ohio Zip
or individual trading as
44070
Woman I I Black American I I Native American
Hispanic American I I Asian Pacific Americl I Other (Specify)
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures,
distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is
required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of
Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and
provide all applicable current valid licenses issued by the State of Texas:
I. Name N/A and Manufacture's License No.
2. Name and Converter's License No.
3. Name_ and Representative's License No.
4. Name and Franchise Dealer's License No.
General Distinguishing No. (Franchised TX dealer)
By\
Autho,
Representative - must
Officer Name and Title: Danielle Wilford — Customer Solutions Specialist
Please Print
Business Telephone Number (800)600-7258 FAX: (800)467-3409
E-mail Address: danielle wilford@cargill.com
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over S25,000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITII CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, TIIE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
O PURCIIASEU3ID DOCUAfENTS\BUl-ER/DAVIDQOIIVTB 13-11223-DG
6