HomeMy WebLinkAboutResolution - 2013-R0202 - Contract - Western Industrial - Water Inventory Items - 06/27/2013Resolution No. 2013-RO202
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. 11158-1 for water
inventory items, by and between the City of Lubbock and Western Industrial, 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 June 27. 2-01.3
GLE . OBElRTS0N, MAYOR
ATTEST:
Rebe .ca Garza.. City SecretatU
APPROVED AS TO CONTENT:
Pam Moon, Executive Director of Finance
APPROVED AS TO FORM:
X�X/ /
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-Western Industrial
April 19, 2013
Resolution No. 2013—RO202
CONTRACT NO. 11158-1
CITY OF LUBBOCK, TX
CONTRACT FOR
Water Inventory Items -Annual pricing
THIS CONTRACT made and entered into this 27`h day of June. 2013, by and between the
City of Lubbock ("City"), and Western Industrial, ("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:
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 C 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 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 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. 17
CITY OF LUB
Glenliff. frobertson, Mayor
ATTEST:
Rebe a Garza, City Secretary
ArP�PROVED AS TO CONTENT:
�Mzn2�t—
Pam Moon, Executive Finance Director
APP D A O FORM:
7;
Assistant City Attorney
2t- m Me C -.r �Y
Print Name
c;2y
Address
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City, State, Zip Code
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SUBMIT TO:
CITY OF LUBBOCK
Purchasing Sc Contract Management
ity of CITY OF LUBBOCK TEXAS
flubbock,1625
13th Street, Rm 204
Lubbock, Tx 79401-3830
INVITATION TO BID
CONTACT PERSON:
AN EQUAL
Cynthia Perez
OPPORTUNITY
EMPLOYER
Water Inventory Items
BID No. ITB 13 -11158 -DG
TEL: 806.775.3150
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE: Water Inventory Items
SUBMITTAL DEADLINE:
February 27, 2013 Q 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 Project Room 1625 13th Lubbock, Texas.
delivery, shall be returned unopened.
79457
R SND NT NAME:
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LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
[LING DRESS:
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IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
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"STATEMENT OF NO BID".
CITY —STATE — Z
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THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
(1k)N(Anc
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS. FURTHER THE CITY RESERVES THE RIGHT TO
ENTER INTO
TELEPHONE;
1661
_
ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
Com'
FAX NO:
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IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURCHASING DIRECTOR IF ANY
E-MAIL: 1<M-LGU, t1C 0W 2S+ —i . Co
LANGUAGE, 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
V 111
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 Y- 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 ransfer 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 U ed 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 Lubboc he City's di cr b assignment shall be made and become a ective at the time the City tenders final
dor.
�df 'ol e SIS/es
Author Sltmature Tltle
02 -02 ?_a0) 3
Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
Page 3 of 72
Q/PURCHASE/Bm DOCUMEW/Water Inventory hems, rrB 13 -11158 -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' �c lendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on a 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, a rty of Wolfforth.
YES NO
• If you (the bidder) checked , 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 materiaWservice as needed.
Q/PURCHAS&BID DOCUMHNr/Weter Inventory Items, rrB 13 -11158 -CP
45
THIS BID IS SUBMITT
the laws of the State of
or an individual trading
ED BY_�S �Jr A) 4r)a— a corporation organized under
or a partnership consisting of
as of the City of
City:State_
M/WBE Woman
Firm:
Hispanic American
`
6 Authorized
Officer Name and Title: A
Black American Native American
Asian Pacific Other (Specify)
American
Date:
�- must sign by hand �/,ln At
/
Please Prit
Business Telephone Number90-6 /(Q �' FAX:��l7y���O
E -Mail Address: bb a: nQ Iii4j ' Ifs d. corn
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Finn/Individual:
Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued:
3
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LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
Q/PURCHASE/BID DOCUBENT/Wat= Inventmy Items, m3 13 -11158 -CP
46
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