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HomeMy WebLinkAboutResolution - 2021-R0060 - Contract 15610 with Premier Waterworks, Inc. 2.23.2021Resolution No. 2021-R0060 Item No. 7.9 February 23, 2021 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, Service Contract No. 15610 for repair and replacement of defective flow meters as per RFP 21-15610-MA, by and between the City of Lubbock and Premier Waterworks, Inc., 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 February 23, 2021 ATTEST: APPROVED AS TO CONTENT: Jesica McEach00WO ern, Assistant City Manager APPROVED AS TO FORM: Amy L/Sk s, Deputy City vw:ccdocs/RES.Contract- 15610 — Flow Meter Repair and Replacement February 5, 2021 Resolution No. 2021-R0060 Contract 15610 City of Lubbock, TX FLOW METER REPAIR AND REPLACEMENT Agreement This Service Agreement (this "Agreement") is entered into as of the23rdday of February 20 21 ("Effective Date") by and between Premier Waterworks Inc, (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 21-15610-MA, FLOW METER REPAIR AND REPLACEMENT. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide FLOW METER REPAIR AND REPLACEMENT, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal Price Sheet Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B attached hereto. Article 1 The contract term shall be for an initial one (1) year period, said date of term beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for four (4) additional one (1) 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. The scope of work shall remain the same but may include any additional equipment that may have been added by the City of Lubbock. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 1.1 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. 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 All funds for payment by the City under this Agreement 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 Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor 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 Agreement beyond the date of termination. 1.4 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. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the tenns of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 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. 2.10 The City reserves the right to exercise any right or remedy 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 do. 2.11 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 of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.12 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 terms 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. 2.13 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 terms 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. 2.14 TEXAS GOVERNMENT CODE SECTION 2252.152 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. 2.15 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. 2.16 TEXAS GOVERNMENT CODE SECTION 2271.002 The Contractor warrants that it complies with Chapter 2271.002 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 2271.002, Texas Government Code: "Boycott Israel " means refusing to deal with, 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 "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. -----INTENTIONALLY LEFT BLANK ---- General Requirements 1. INTRODUCTION Exhibit A The City of Lubbock is issuing this Request for Proposal (RFP) under the guidelines of a High - Technology RFP, and the award of the contract shall be made to the responsible vendor whose proposal is determined to be the best evaluated offer resulting from taking into consideration the relative importance of the evaluation factors set forth in the request for proposal and/or negotiation. Receipt of any proposal shall under no circumstance obligate the City of Lubbock to accept the best price offering. 1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals, (hereinafter called "Proposer") to provide Flow Meter Repair and Replacement. 1.2 Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. 1.3 The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 PROJECT DESCRIPTION 2.1 The City of Lubbock owns and operates approximately 176 public water supply wells in Lamb and Bailey Counties. Additionally, there are 26 water wells in City of Lubbock parks that are used for irrigation. These wells are equipped with flow meter devices that provide flow rates in gallons per minute as well as a total flow accumulator. 3 SCOPE OF WORK 3. 1 Defective flow meters will be removed from service by City of Lubbock staff and delivered or shipped to the offeror for repair. No on -site repairs will be performed under the provisions of this contract. 3.2 Offeror shall disassemble and completely rebuild the unit to original "like new" factory specifications. 3.3 The flow meters that will be repaired during the term of this contract are equipped with a 4-20 mA output that can be field connected to a PLC input register for the purpose of monitoring water flow on the City of Lubbock SCADA system. However, there may be some units that currently are not equipped with the 4-20 mA output feature. Offeror shall prepare a separate cost proposal to add this feature to those flow meters that are not so equipped. 3.4 The sizes of flow meters in use by the City of Lubbock water wellfield: 2", 4" and 6". 3.5 Flow meters will be delivered or shipped to the offeror for repair on an "as needed" basis. 3.6 Offeror shall perform all services in a timely manner to minimize the time in which the meters are out of service. 3.7 All internal parts shall be new and conform to original factory specifications. Exterior housing shall be cleaned and shall perform as new. All completed repairs shall be warranted against defect for a period of one year. 3.8 Meters that are beyond repair shall be recommended for replacement with a new meter of like size, flow range, and construction. Any new meters shall be equipped with a 4-20 mA output capability. Replacement costs shall be submitted to the owner's representative for approval before new unit(s) is ordered. 4 CONTRACT TERM 4.1 The contract term shall be for an initial one (1) year period, said date of term beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for four (4) additional one (1) 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. The scope of work shall remain the same but may include any additional equipment that may have been added by the City of Lubbock. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4.2 The vendor shall be actively engaged in repair service and supply of new flow meters manufactured by Water Specialties and McCrometer. IN WITNESS WHEREOF, the parties heretove caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK vim, / L1 al ATTEST: g 'j" " " jr e& ca Garza, City Sec et ry APEMD AS TO C iTENT: P Aubrey Spear► .E., Arector of Water Utilities APPROVED AS TO Amy Sims,,As�istMt City CONTRACTOR i,P/S 1A/�-SON Authorized Repr entative Cris Adamson, Vice President 4&e&I _ 1.4 Address zetdl 7X �dy City, State, Zip Code Exhibit B City of Lubbock, TX RFP 21-15610-MA FLOW METER REPAIR AND REPLACEMENT (To be completed and returned with Proposal) ITEM DESCRIPTION REPAIR Flow meters equipped with a 4-20 mA output 1 Flow Meter 2-Inch $2,375.00 ea. 2 Flow Meter 4-Inch $2495.00 ea. 3 Flow Meter 6-Inch $2595.00 ea. Cost to equipped Flow Meter with a 4-20 mA output 4 Flow Meter 2-Inch $1989.00 ea. 5 Flow Meter 4-Inch $1989.00 ea. 6 Flow Meter 6-Inch $1989.00 ea. Turnaround Time 2-3 Weeks Replacement Discount (%) Off Catalog/Pricelist Please state the discount (%) off catalog/pricelist for Flow Meters Catalog/Pricelist MUST be included or proposal will not be considered. Please see attached price list 0 All completed repairs shall be warranted against defect for a period of one year. _Cris Adamson Bidder Name (Person, Firm, Corp.) CPJ3 4 /M30N - Ver- - by PGFFi11ar Signature of Authorized R.,Y.-vpVilC."* LA..> x Yes No Vice President Title of Authorized Representative All internal parts shall be new and conform to original factory specifications. Exterior housing shall be cleaned and shall perform as new. All completed repairs shall be warranted against defect for period of one year. Proposed prices must include all costs associated with the performance of the services specified, including materials, supervision, labor, insurance, transportation, delivery, fuel or other surcharges, demurrage, and related costs. Charges not listed in the RFP response will not be allowed. 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. 2021-732171 Premier Waterworks, Inc Lubbock, TX United States Date Filed: 03/30/2021 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: 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. 15610 Water Meters Replacement/Repair 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Cris Adamson and my date of birth is My address is 306 N 10th St Wolfforth TX 79382 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Lubbock County, State of Texas on the 30thday of March 20 21 (month) (year) [l CP,,\ GcrifibPDFF Gtl?illcr Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a 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. 2021-732171 Premier Waterworks, Inc Lubbock, TX United States Date Filed: 03/30/2021 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: 08/19/2021 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. 15610 Water Meters Replacement/Repair 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 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.ceffd98a