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HomeMy WebLinkAboutResolution - 2020-R0413 - Contract 15555 with Vogel Paint and Wax Co., Inc.Resolution No. 2020-RO413 Item No. 7.7 December 1, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the actions and signatures of the Mayor of the City of Lubbock, for and on behalf of the City of Lubbock, regarding Contract No. 15555 for the runway and taxiway paint at Lubbock Preston Smith International Airport as per ITB 21-15555-CM, by and between the City of Lubbock and Vogel Paint & Wax Co., Inc., of Orange City, Iowa, and related documents are hereby approved and ratified for all purposes. 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 __ __ December 1, 2020 ATTEST: DANIEL M. POPE, MAYOR Rebe ca Garza, City Se" APPROVED AS TO CONTENT: �L wz� -� . - Bo erton, Dep ilutyy City ager AS TOXDRM: S KEife,-F1rs1 Assistant City Attorney ccdocs/RES.Contract 15555 Runway and Taxiway paint at LPSIA November 13, 2020 Resolution No. 2020-RO413 Contract 15555 City of Lubbock, TX Contract for Runway and Taxiway Paint at LPSIA THIS CONTRACT made and entered into this 1 St day of December 2020, by and between the City of Lubbock ("City"), and Vogel Paint & Wax Co.. Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Runway and Taxiway Paint at LPSIA 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 Runway and Taxiway Paint at LPSIA. 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, Runway and Taxiway Paint at LPSIA and more specifically referred to as Items 1 through 4 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. 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. 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 extensions. 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), 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 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. 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 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 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. 11. 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 teens 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 teens 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 parties, 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 J, 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 with, terminating business activities with, or otherwise taking any action that is intended to penalize, indict 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 a for profit 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 of 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. 21-15555-CM, 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 LU CK Daniel M. Pope, Mayor ATTEST: -� Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Lubbock P eston Smith International Airport kp-, «W eAme6ell i t• - zo Print Naire Date TO Vogel Paint & Wax Co., Inc. L•)! Bill Cooley, S cretary, Print Name 1020 Albany lace SE Address Orange City, IA 51041 City, State, Zip Code BID FORM City of Lubbock, TX Purchasing and Contract Management Runway and Taxiway Paint at LPSIA ITB 21-15555-CM In compliance with the Invitation to Bid 21-15555-CM, 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 21-15555-CM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY (+/-) UOM UNIT PRICE* EXTENDED *� Delivery Ca) DESCRIPTION (b) COST days ARO axb 1 2,000 Gal. White Runway and Taxiway Marking 14-21 days paint, as per specifications 9.14 18,280.00 on seasondepending 2 1,200 Gal. Yellow Runway and Taxiway 14-21 days Marking Paint, as per specifications 9.77 11,724.00 depending on season 3 400 Gal. Black Runway and Taxiway Marking 14-21 days Paint, as per specifications 8.35 3 340.00 depending on � season 4 500 Gal. Red Runway and Taxiway Marking 14-21 days Paint, as per specifications 9.30 4,650.00 depending on season Total (Items 1- 4) 37,994.00 L *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 a 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 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 0 %, net3_0calendar 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 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 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 prices) on all deliveries made during the period in which such lower prices) 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 ate 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 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 Vogel Paint &Wax Co., Inca corporation organized under the laws of the State of Iowa , or a partnership consisting of of the City of Orange City, IA or individual trading as Firm: Vogel Paint & Wax Co., Inc. Address: 1020 Albany Place SE City: Orange City State: Iowa Zip 51041 Bidder acknowledges receipt of the following addenda: Addenda No. _ Date M/WBE By i�t i Authorized Renres, Addenda No. Date Woman Hispanic American - must sign by hand Addenda No. _ Date Asian Pacific Officer Name an itle: Bill Cooley, Secretary/Treasurer Please Print Addenda No. _ Date Native American Other (Snecifv) 11/2/2020 Business Telephone Number 712-737-2476 FAX: 712-737-4148 E-mail Address: chad.hamill@diamondvogel.com 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: City of Lubbock, TX Purchasing and Contract Management ITB 21-15555-CM Runway and Taxiway Paint at LPSIA Specifications I. Scope The City of Lubbock is seeking bids for runway and taxiway marking paint at Lubbock Preston Smith International Airport. II. General Requirements 1. Paint shall meet Federal Specifications TT-P-1952E Type II water -borne lead free paint https://www.faa. og v/regglations policies/faa regulations/ in accordance with the FAA Advisory Circular 150/5370-10E. 2. Vendor must provide written documentation that the product being bid meets the required specifications. 3. Paint is for runway/taxiway striping and must be suitable for use on concrete and asphalt surfaces. 4. Black, red, white, and yellow paint shall be delivered in 5-gallon sealed containers. All paint shall be delivered within seven days of receipt of purchase order. Supplier must certify specifications on outside of each container. MSDS sheets must come with each shipment. All shipments of paint must be delivered on pallets. III. Term and Conditions 1. The supply agreement shall be for a term of three years. All quantities shall be on a "more or less basis". 2. Price must include all delivery charges to: Lubbock Preston Smith International Airport Attention: Airfield Maintenance Department 5401 MLK Blvd. Lubbock, Texas 79401.