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HomeMy WebLinkAboutResolution - 2010-R0430 - Contract For Flow Meter Repairs -K.W. Sharp Of Lubbock - 09/16/2010Resolution No. 2010-RO430 September 16, 2010 Item No. 5.10 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, a Contract for Flow Meter Repairs - Annual Pricing per ITB 10-129-170, by and between the City of Lubbock and K.W. Sharp, of Lubbock, 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 September 16, 2010 TOMIMARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: i� &�� 4.144- - - Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-K.W. Sharp September 1, 2010 10 -129 -FO -Flow Meter Repairs -Annual Pricing Resolution No. 2010—RO430 CITY OF LUBBOCK CONTRACT FOR SERVICES For Flow Meter Repairs -Annual Pricing ITB #10 -129 -FO THIS CONTRACT, made and entered into this 16`h day of September 2010, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and K.W. Sharp ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Flow Meter Repair Services -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 of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the service of the said Flow Meter Repair Services. 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 provide to the City the Flow Meter Repair Services specifically referred to as Item(s) No. 1 thru 7 and more particularly 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 four additional one-year periods. 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. 3. This contract shall remain in effect until the expiration date, performance of services ordered, or termination 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. 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 Contractor shall perform the work according to the procedure outlined in the Invitation to Bid #10 -129 -FO, General Conditions, Specifications, and the Bid Form attached hereto and incorporated herein. 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 ITB# 10 -129 -FO 26 10 -129 -FO -Flow Meter Repairs -Annual Pricing 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. 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. 7. The City Right to Audit: At any time during the term of this 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. 8. This Contract consists of the following documents set forth herein; Invitation to Bid 410 -129 -FO, 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 C J � Tom Martin, Mayor ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: - /Y" 4- &— Marsha Reed, Chief Operations O icer APPRO D,S T ORM: Assistant City Attorney ITB# 10 -129 -FO 27 CONTRACTOR Authorized Represen ive � .�vr f9 AddressZ 4 ?9yo 10 -129 -FO -Flow Meter Repairs -Annual Pricing Resolution No. 2010—RO430 BID FORM Flow Meter Repairs -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #10 -129 -FO In compliance with the Invitation to Bid #10 -129 -FO, 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 #10-129-170 is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITENI DESCRIPTION QTY U/M UNIT COST* EXTENDED COST DELIVERY (More Days ARO** or Less) 1. Repair 4" flow meters without 4- 9 EA $ $ 20 mA output as specified ia0a, 8S` /o "$)S, !0 S p� herein. 2. Repair 4" flow meters with 4-20 mA output as specified herein. 3 EA $ 160-0 • /S $ So yo 3. Repair 6" flow meters without 4- 1 EA $ $-/ lags,.r 3 `l 20 mA output as specified herein /,I gs, �3 Deo- s 4. Repair 6" flow meters with 4-20 1 EA $ $ mA output as specified herein j 90. _5 Y 5. Add 4-20 mA output features to 10 EA $ $ FT` A rebuilt flow meters as specified 139F,14, do f herein. 6. New 4" flow meter to include 4- 1 EA $ $ 20 mA output as specified 3182.90 3/ v. 06 herein. I v*ys 7. New 6" flow meter to include 4- 1 EA $ $ F 7e- a/ 20 mA output as specified 3 y��. �1 ,3y��, dl herein. Days Overall Total $ 3 *PRICE: F.O.B. Destinations, Freight Pre -Paid and Allowed. **Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of U %, net�6calendar 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 FAVOURFI) 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 -129 -FO 6 10 -129 -FO -Flow Meter Repairs -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 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 NO Y • 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 K.O. Sh j4 rt a corporation organized under the laws of the State of /exa s , or a partnership consisting of or an individual trading as of the City of 1- k LIP o C Ir Firm: k, t) 5 A 4V Address: Ll o c �l 4 y L /4 City: I-, u L 6 be L( T • P State: ;S� Zip % 9 yo y M/WBE Firm: -5, Woman Black American Native American I Hispanic American Asian Pacific Other (Specify) American i:'f�� A0horized Representative - must sign by hand Officer Name and Title: 129, %z Pfl v27�(: n ,; T,J PleaserPrint Business Telephone Number 966 % Y % - % o FAX: ?iG 2`%%- LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB# 10 -129 -FO City of Lubbock, TX Water Treatment Plant Bid Tabulation September 16, 2010 BID 10 -129 -FO Flow Meter Repairs - Annual Pricing Item Qty U/M DescriptionNendor Location Unit Cost Extended Cost 1 9 EA Repair 4" flow meters without 4-20 mA output K.W. Sharp Lubbock, TX $ 1,203 10,826 2 3 EA Repair 4" flow meters with 4-20 mA output K.W. Sharp Lubbock, TX 1,680 5,040 3 1 EA Repair 6" flow meters without 4-20 mA output K.W. Sharp Lubbock, TX 1,285 1,285 4 1 EA Repair 6" flow meters with 4-20 mA output K.W. Sharp Lubbock, TX 1,763 1,763 5 10 EA Add 4-20 mA output features to rebuilt flow meters K.W. Sharp Lubbock, TX 1,388 13,885 6 1 EA New 4" flow meter to include 4-20 mA output K.W. Sharp Lubbock, TX 3,188 3,188 7 1 EA New 6" flow meter to include 4-20 mA output K.W. Sharp Lubbock, TX 3,489 3,489 Total K.W. Sharp Lubbock, TX $ 39,475.68 Page 1 Tab Sheet ITB 10 -129 -FO O Ln '^ W (n (n an (n fn O O w O fn an O a fy a v v v fU 0) Wv v z z � z �. �. z Q o m. 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