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HomeMy WebLinkAboutResolution - 2013-R0204 - Contract - Abercrombie Lumber - Water Inventory Items - 06_27_2013Resolution No. 2013-RO204 June 27, 2013 Item No. 5.13 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. 11158-3 for water inventory items, by and between the City of Lubbock and Abercrombie Lumber. 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 ✓IAYOR ATTEST: Q., ea� Reb ca Garza, City -S-ecretarU APPROVED AS TO CONTENT: CalYYY1, �`'V� Pam Moon, Executive Director of Finance APPROVED AS TO FORM: i it - Chad Weaver, Assistant City Attorney vw:ccdocs RES.Contract-Abercrombie Lumber April 19, 2013 Resolution No. 2013-RO204 City of Lubbock, TX Contract For Water Inventory Items -Annual pricing Contract 11158-3 THIS CONTRACT made and entered into this 271h day of June 2013, by and between the City of Lubbock ("City"), and Abercrombie Lumber, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Water Inventory Items - 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 authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Water Inventory Items -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 are attached hereto and made part hereof, Contractor will deliver to the City, Water Inventory Items -Annual Pricing and more specifically referred to as Exhibit D 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 four, one year extensions, said date of term beginning upon 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 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. 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. 4. 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. 5. 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. 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. 6. 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 of 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. 7. 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 tinder 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. 8. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13-11158-CP, 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 LUJUPOCK Gleo o rts , ayor ATTEST: 12j-84=��r� 4 -3c Reb cca Garza, City Secreta APPROVED AS TO CONTENT: �anm, t Pam Moon, Finance Director APP`v- "ED TO FORM: Assistant City Attorney CON CTOR BY Au o z Representative l�r Ate' 11)�C--C-�all) Print Name Address c 2 49 V0 City, State, Zip Code SUBMIT TO: CITY OF LUBBOCK iq•of CITY OF LUBBOCK, TEXAS Purchasing & Contract Management 4lubbock 1625 1? Street, Rm 204 Tuft Lubbock, Tx 79401-3830 INVITATION TO BID AN EQUAL Water Inventory Items CONTACT PERSON: Cynthia Perez OPPORTUNITY EMPLOYER BID No. ITB l3 I 1 I58-DG TEL: 806.775.3150 FAX: 806.775,2164 http://purchasing.ci.lubbock.tx.us TITLE: Water Inventory Items SUBMITTAL DEADLINE: February 27, 2013 @ 2:00 P.M. CST PRE BID DATE, TIME AND LOCATION: February 11, 2013 Any bids received after the time and date listed above, regardless of the mode of at 9:00 A.M. in Room CM Proiect Room, 1625 13th Lubbock, Texas. delivery, shall be returned unopened 79457 RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE A 'r�fJ L u a, L CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: J�,C( `/ 3 IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE a m "STATEMENT OF NO BID". ITY — STATE — Z : 'D/ THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY c1lbkod( AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TE EP- E NO: WHO �QG /. _ 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 TNO: . _ I 5-0 t - REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING DIRECTOR IF ANY E-M L: Ale f LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL TAX 1D NO. OR SOCIAL SECURITY NO. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN - WRITING AND MUST BE RECEIVED BY THE PURCHASING DIRECTOR 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 BIDSYNC.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? YES A 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 bidder 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 Cit oZbock. At the City's discretion, such assignment shall be made and become effective at fife time the City tenders final pay�jt to the vendor. �y I (A 1A./ f 4 r' Authorizyii Signature Title Rrw Ajv Abe rc.ra kb bp< ,a — l.b " 13 Niniii Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. Page 3 of 72 Q/PURCHASE/BID DOCUMENT/Water Inventory Items, ITB 11-1115a-CP 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 Form. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) Delivery must be made within 24 hours after receipt of purchase order for items listed on bid form. The City of Lubbock is seeking a contract for Water Inventory Items 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 %, 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? 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 V__ 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 goverrtmental 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. Q/PURCHASEMID DOCUMENT/Water Inventory Items. ITH 1 J-11158•CP 45 THIS BID IS SUBMITTED BY_&er&—O,-n b .C< t! Lln-i 6C,, A- a corporation organized under the laws of the State of , or a partnership consisting of or an individual trading as Ae,J, r.0'V j rC Liarn/2e.— of the City of 1 190 cK Fi Ac City: L G( /9 A0C' State:_ Zip 7 M/WBE Firm: By Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Authorized Representative - must sign by hand Officer Name and Title: Print iu.— Business Telephone Number /[/ FAX: C 7 Y r / E-Mail Address: A L C SZ C �dL��L . /7/G 1 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 WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Q/PURCHASEIRID DDCUMENTlWater Inventory Item., ITH 13-11158-CP 46