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HomeMy WebLinkAboutResolution - 2020-R0182 - Central Salt, LLC, Contract 15294Resolution No. 2020-R0182 Item No. 7.8 June 9. 2020 RESOLUTION BE IT RliSOl.VHD BY TllH Cn V COUNCll. OF THE CITY Ol" LUBBOCK: THA T Ihc Mayor of the City ofEubbock is hereby aulhorii^cd and directed to execute for and on behalf of the City oI'Lubbock. Contract No. 15294 I'or lee Control Sail as per FfB 20-15294-KM. by and between the City of Liibbock and Central Sail. LLC of l.yon.s. Kansa.s, and related doeuinenls. Said Conlracl 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 9, 2020 danii;l m. pope, mayor ATTEST: RebsQc^uarza, City Secre' APPROVED AS TO CON'fl-N l Jesica McEaehern. Assistant Cit APPROVliD AS 10 FORM: I^clli Leisure. Assistant City Attorney ccdocs/RHS.Comracl 15294 Icc Cynlrol Sail 05.1 1.20 Resolution No. 2020-RO182 Contract 15294 City of Lubbock, TX Contract for Ice Control Salt THIS CONTRACT made and entered into this 9thday of June 2020, by and between the City of Lubbock ("City"), and Central Salt- LLC , ("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 contract with said Contractor covering the purchase and delivery of the said Ice Control Sall. 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, Ice Control Salt and more specifically referred to as Item 1 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 (1) year, with the option of two (2), one year renewals, 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. The Contractor must maintain the insurance coverage required during the term of this contract including any renewal. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever 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 rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. 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. 6. 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. 7. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER 'PHIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractors sole expense, insurance coverage written by companies approved by the State of Texas TYPE OF INSURANCE 1ENERAL LIABILITY Commercial General Liability ] Claims Made ® Occurrence ] W/Heavy Equipment ] To Include Products of Complete Operation Endorsements LIABILITY MOTIVE LIABILITY Any Auto Scheduled Autos Non -Owned Autos CESS LIABILITY Umbrella Form 2AGE LIABILITY Any Auto ❑ All Owned Autos ❑ Hired Autos BUILDER'S RISK INSTALLATION FLOATER CARGO COMBINED SINGLE LIMIT General Aggregate $500.000 Products-Comp/Op AGO X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Per Occurrence 500 000 Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ 100%of the Total Contract Price ❑ 100%of the Total Material Costs ® WORKERS COMPENSATION —STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY $500,000 ® EMPLOYERS' LIABILITY $5000,000 COPIES OF ENDOSEMENTS ARE REQUIRED City of Lubbock named as additional insured on Auto/General Liability on a primary and non-eontribulory bases. To include products of completed operations endorsement. Waiver ofsubrogalion in favor of the City of Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision. shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez. Director of Purchasing & Contract Management City of Lubbock 1625 131h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 8. 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. 9. 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. 10. At anytime during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the Slate 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 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. H. 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. 12. 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. 13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terns and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the panics, and any prior conflicting terms shall be of no force or effect. 14. TEXAS GOVERNMENT CODE SECTION 2252.15 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 15. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter 1, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 16. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel "means refusing to deal wi0r, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company "means ajor-prgla,sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or• affiliate al'those entities or business associations that exist to make a profit. 17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15294-KM, Specifications, and the Bid Form. ----INTENTIONALLY LEFT BLANK-- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year fust above written. Executed in triplicate. CITY OF LUBBQCK Daniel M. Pope, Mayor ATTEST: Rebe ca Garza, City Secretary APBKaVED AS TO C NTENT: r Mike Gilliland, Director of Public Utilities APAP—AS TQfORm: _ K I i Leisure, Assistant City Attorney CON CTOR BY Authorized Representative Richelle Labut, Business Operations Manager Print Name 1420 State Hwy 14 Address Lyons, KS 67554 City, State, Zip Code City of Lubbock, TX Purchasing and Contract Management Ice Control Salt ITB 20-15294-KM Specifications The City of Lubbock is accepting bids for 400 Tons of rock salt utilized for snow and ice control. Lubbock has an average annual snowfall of 9 inches, with the earliest recorded in October and the latest in April. General: It is the intent of this specification to describe sodium chloride (ASTM D632) crushed Rock Salt, to be used for snow and ice control. Rock salt shall be delivered to a specified destination within City limits commencing within forty-eight (48) hours of a purchase order being placed with the vendor and completed within five (5) business days from when the order was placed. When a vendor does not meet this requirement, the City of Lubbock reserves the right to place the order with the next lowest awarded vendor. Description: Furnishing and delivering of rock salt to the City of Lubbock for snow and ice control. Materials: Rock salt shall have a minimum of ninety-five (95%) sodium chloride (NaCI) and meet the following gradation specifications: SIEVE SIZE PERCENT PASSING 1/2 IN. too 3/8 IN. 95-100 NO.4 20-90 NO. 8 10-60 NO. 30 0-15 In addition, rock salt shall have a maximum moisture content of two and one-half present (2.5%) and shall arrive at the delivery site in a free -Flowing and usable condition. s WrtF .,d O .. _o.I IZ.-KN BID FORM City of Lubbock, TX Purchasing and Contract Management lec Control Salt ITB No. 20-15294-KM In compliance with the Invitation to Bid 2045294-KM, 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 arc obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind The Invitation to Bid 20-I5294-KM is by reference incorporated in this convect. The Bid Foma must be completed in blue or black Ink or by typewriter. QTY UNIT PRICE- EXTENDED ""livery ITEM (+/.) UOM DESCRIPTION (b) COST days ARO e axb Granulated (Crushed) Salt adhering $99.90/ton $39,984.00 2-6 1 400 Ton to Sieve Analysis and Purity evarovaar. s ecificutions as written below. -PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed '"Days After Receipt of Order (ARO) 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. The City of Lubbock Is seeking contract for 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 arc in the best interest of the City. A decision to make a multiple award of Ihis 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 NA net""Calendar days. Discounts will not be considered in demrmir ing low bid. Unless otherwise indicated on the Bid Form, payment terns 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 time of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number ofdays will be interpreted as applying within the stipulated number ofwlendsr days after the dale 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 FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored 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 pmducNservices 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 oRer for sale in any other customer, an equal or less quantity of similar Contract produces of like or better quality, in a lower net price(s) than provided herein, supplier agrees to notify the City and sell same products) at the Iowa price(s) on all deliveries made during the period in which such lower price(s) is etfictive. INTERLOCAL PURCHASING (optional): The City desires to make available to other local govemmenml entities of the Score ofTexas, by mutual agreement with the successful bidder, and properly authorized intmlowl 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 Cement, conditions, specifications, and pricing would apply? sv.nenm obM susawxsa 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 Texurkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO x • If you (the bidder) checked YES, the fallowing will apply: • Governmental entices utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase mmerials/services under the canonicals) awarded as a result oflhis 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. F.ach governmental entity will order their own mmerials/scrvice as needed. THIS BID IS SUBMITTED BY Central Salt. LLC a corporation organized under the laws of the State of Missouri or a partnership consisting of Central or individual trading as of the City of Kansas City Address: 1420 State Hwy 14 City: Lyons State: KS Zip 67554 Bidder acknowledges receipt of the following addenda: Addenda No._ Addenda No. Addenda No. Addenda No. Date Date Date Date M/WBE Firm: 1 Woman I I Black American I I Native American Hispanic American I I Asian Pacific Americ4 I Other (Specify) - must sign by hand Officer Name and Tide: Ript)ejtg,I nbDT Business, Operations Manager Please Print Business Telephone Number (620)257-5626 ext3 FAX: (620)257-5052 E-mail Address: IVOuntancentralsalt.00rn FOR CITY USE ONLY Bid Form Item Number(s) Awaaled to Above Named FirmAndividual: Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGN EI) IIID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTBID I, OF YOUR SEALED 31D WITH THE ITB NUMBER, THE CLOSING DATE AND TIaI E, AND YO UR COM PANY NAME AND ADDRESS. CERTIFICATE OF INTERESTED PARTIES FORM 1295 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. 2020-626564 Central Salt, LLC Lyons, KS United States Date Filed: 06/02/2020 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 Date Acknowledged: 06/08/2020 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. ITB20-15294 Ice Control Salt - Bulk Deicing Salt 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Young, Lori Lyons, KS United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d SM.� M!! IMN4 N N IiYh PI LRw � � 1 •.•. _ ..-- ... MV Lrlf 11 iif IMVQIM u '4wdINv�MWMVM1I YavMh r 1:: an M.wa r1M YlAM1P1VYl1tlQJ r�r.v .rau ArM uwaa w. �M�•^:' SfZT ^'�' S3LLMtlA Q3153H31N1 �O 31YJIjLLtl3J CERTIFICATE OF INTERESTED PARTIES FORM 1295 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: 2020-626564 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Central Salt, LLC Lyons, KS United States Date Filed: 06/02/2020 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 Date Acknowledged: g 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. ITB20-15294 Ice Control Salt - Bulk Deicing Salt 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Young, Lori Lyons, KS United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms Drovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7ri