HomeMy WebLinkAboutResolution - 2009-R0414 - Contract - KW Sharp Inc.- Turbine Meters - 10/08/2009Resolution No. 2009—RO414
October 8, 2009
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 BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Contract No. 9209 for Class
II Turbine Meters — Annual Pricing per ITB 09 -083 -FO, by and between the City of
Lubbock and K.W. Sharp, Inc., 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 this 8th day of October , 2009.
TOM MARTIN, MAYOR
ATTEST:
becca Garza, City
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Director of ublic Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-K.W. Sharp, Inc.
September 17, 2009
09 -083 -FO -Class II Turbine Meters -Annual Pricing
Resolution No. 2009—RO414
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Class H Turbine Meters -Annual Pricing
ITB #09 -083 -FO
Contract 9209
THIS CONTRACT, made and entered into this 8th day of October 2009, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and K. W.
Sharp, Inc. ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Class lI Turbine Meters -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 Class H Turbine Meters.
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 Class H Turbine
Meters specifically referred to as Items) No. 1 through 3 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
two 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. 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 specifications and Invitation to Bid attached hereto and
incorporated herein.
4. 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.
5. 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.
ITB# 09 -083 -FO 25
09 -083 -FO -Class H Turbine Meters -Annual Pricing
b. This Contract consists of the following documents set forth herein; Invitation to Bid #09 -0$3 -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
.may
Tom Ma in, Mayor
AT ST:
Rebecca arza, C y cr ry
APPROVED AS TO CONTENT:
//r a.�,o /,-0- L�z
Marsha Reed, Chief Operations Officer
APPROVn
Assistant City Attorney
CONTRACTOR
BY—
Authorizi4 Representative AA
A � 17�4_7N
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Address C t.A I) d 1 l' f'l Lam+
ITB# 09 -083 -FO 26