HomeMy WebLinkAboutResolution - 2017-R0005 - Contract 13128 - Ice Control Salt - United Salt Corporation - 01_12_2017Resolution No. 2017-R0005
Item No. 6.8
January 12, 2017
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, ITB 17-13128-KW Contract No. 13128 for Ice Control
Salt, by and between the City of Lubbock and United Salt Corporation, of Houston, 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 January 12, 2017
DANIEL M. POPE, MAYOR
ATTEST:
Q'e'w�� )"C —
Reb tca Garza, City Secr to
VED AS TO
ood Fr-anklij�, P.E., Director of Public Works
APPROVED AS TO FORM:
if
elli Leisure, Assistant City Attorney
ccdocs/RES.Contract 13128-United Salt Corp.
December 8, 2016
Resolution No. 2017-R0005
City of Lubbock, TX
Contract For
Ice Control Salt
Contract 13128
THIS CONTRACT made and entered into this 1 ?th day of Tnn,inrj , 9017 by and
between the City of Lubbock ("City"), and United Salt Corporation ("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 primary 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:
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, 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 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. 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.
4. This contract shall remain in effect until the expiration date, performance of services ordered, or
termination of by either party with a 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.
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.
8. 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 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.
9. All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods
or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the
City shall not be obligated under this contract beyond the date of termination.
10. The Contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent be
given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all contract Insurance requirements.
11. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-
13128-KW, 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 LUBBO
Daniel M. Pope, Mayor
ATTEST:
at.L"e� N--�
Reb t
ca Garza, City Secret ry
APP VED S T ONTENT:
ood n �n, Director of Public Works
APPROVED A TO FORM:
Q
�
elli Leisure, Assistant City Attorney
CONTRACTOR
BY
Authorized Representative
Mark T. Williams
Print Name
United Salt Corporation
4800 San Felice Street
Address
Houston, TX 77056
City, State, Zip Code
City of Lubbock, TX
Ice Control Salt
General Specifications
I. INTENT: 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.
III. 400 Tons of Granulated (crushed) SALT NOT TO EXCEED 1/4 INCH IN DIAMETER
IV. Delivery will be FOB 502 N. 1-27 Lubbock, TX
V. Salt Spec (ASTM D 632-99 Type 1, Grade 1)
VI. TERM: The contract shall be for a term of one (1) year, with the option of two (2), one (1) 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, Texas
ITB No. 17-13128-KW
In compliance with the Invitation to Bid 17-13128-KW, 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 17-13128-KW 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
1
400
Ton
Granulated (Crushed) Salt
$
$
Not to Exceed 114 inch in
Diameter per
72.00
28,800
7
specifications
CONFIDENTIAL Total Cost
$ 28,800
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
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?
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
ITB 17-13128-KW Ice Control Salt
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.
THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of
or a partnership consisting of
Firm:
City:
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE Firm:
or individual trading as
of the City of
State: Zip
Woman I I Black American I I Native American
Hispanic American I I Asian Pacific Americj I Other (Specify)
c `
By �-�Ln .r-�,!%C�"'" 7 Date:
Authorized Representative - must sign by hand
Officer Name and Title: MARK T . WILLIAMS V . P OF TRANSPORTATION/DISTRIBUTION
Please Print
Business Telephone Number 713-877-2644
E-mail Address: MTWILLIAMS@UNITEDSALT.COM
FAX:
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
City of Lubbock, TX
Purchasing and Contract Management
5
ITB 17-13128-KW Ice Control Salt
CERTIFICATE OF INTERESTED PARTIES
1295
FORM
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-135815
United Salt Corporation
Houston , TX United States
Date Filed:
11/11/2016
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
CITY OF LUBBOCK, TX
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17-13128-KW
ICE CONTROL
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling I
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
o....,.,, KATHY DUBIEL
Notary Public, State of Texas
3•. `'r My Commission Expires
,.�
August 28, 2018 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said `/1 �� v ; 1,� 4 (, l(k 14 is the �'� day of I ! 1- e ` t'( 1
4
20 to certify which, witness my hand and seal of office.
i
t
Signature of officer ad nistering oath Printed name of officer Aidministering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277