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HomeMy WebLinkAboutResolution - 2014-R0035 - Contract 1702 With Berryhill Sewer Service - 02/13/2014RESOLUTION 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. 11702 for chemical toilet rentals for various departments, by and between the City of Lubbock and Berryhill Sewer Service, 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 on February 13, 2014 — J'K// G C. VOWRTSON, MAYOR ATTEST: AQ). 0-6 e..' -4 Retie ca Garza, City APPROVED AS TO CONTENT: Pamela Moon, Director of Finance APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocs/RES. Contract -13 erryh ill Sewer January 3, 2014 Contract 11702 City of Lubbock, Texas Contract for Services for Chemical Toilet Rentals for Various Departments THIS CONTRACT made and entered into this 13th day of February, 2014, by and between the City of Lubbock ("City"), and Berryhill Sewer Service, Inc. of Lubbock, Texas, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Chemical Toilet Rentals for Various Departments 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 Chemical Toilet Rentals for Various Departments. 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, Chemical Toilet Rentals for Various Departments and more specifically referred to as Items 1 — 11 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 City and Contractor may, upon written mutual consent, extend the contract for four additional one-year periods. The rates may be adjusted upward or downward at that 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 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 City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. All stated quantities are approximations of usage or consumption during the time period to be covered by pricing established by this bid. Actual usage or consumption may be more or less. Order quantities and time 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 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. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability General Aggregate 500,000 Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability 500,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts Employers' Liability 500,000 The City of Lubbock shall be named as additional insured on a primary and Non -Contributory basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 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. 8. 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. 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 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. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 14- 11702 -TF, 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 L Glen CVR6bertson, Mayor ATTEST: V "__4 Rebec a Garza; -City Secretary A*140 ED AS TO CONTENT: R Nlarta Alvarez, Director of Purchasing and Contract Management APPR AS T FORM: Chad Weaver, Assistant City Attorney CONTRACTOR BY Authorized Representdtive LEE BERRYHILL Print Name PO BOX 5009 Address LUBBOCK, TX 79408-5009 City, State, Zip Code City of Lubbock, Texas Chemical Toilet Rentals for Various Departments ITB 14 -11702 -TF Specifications 1. GENERAL: 1.1 The purpose of this invitation to bid is to set for a period of one year, firm pricing for the rental and servicing of chemical toilets at various locations up to 25 miles outside the city limits of the City of Lubbock. The City and Contractor may, upon written mutual consent, extend the contract for four 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. 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. 2. MINIMUM REQUIREMENTS: 2.1 All stated quantities are approximations of usage or consumption during the time period to be covered by pricing established by this bid. Actual usage or consumption may be more or less. Order quantities and time will be determined by actual need. Bidder shall provide delivery of chemical toilets rentals, cleaning and moving services at various locations up to 25 miles outside the city limits of the City of Lubbock. Contractor shall provide chemical toilets within twenty-four hours after receipt of order. The number of units needed and the placement of the chemical toilets will be determined by the City of Lubbock. 2.2 Contractor shall provide professional staff experienced and qualified to provide rental and servicing of chemical toilets. Contract shall provide all chemicals, water and supplies needed. The City shall provide the electrical connection point and electricity for trailer units with electricity requirements for lights, air- conditioning, and heating. 2.3 Rental rates shall include delivery, on-site cleaning and servicing of chemical toilets. The cleaning and servicing of the chemical toilets will be as often as requested, generally either weekly or twice per week. Cleaning consists of removing wastes, mopping with soap based chemicals, and refurnishing the unit with the following: five gallons of fresh chemical for the tank, two rolls of toilet paper, and one deodorant block. Chemical toilets shall be scheduled for cleaning on the same day or days of each week for consistent cleaning. Additional cleanings due to weather are to be free of charge. Any additional on-site cleaning and servicing will be determined by the City of Lubbock. 2.4 Contractor will be notified 24 hours in advance if chemical toilets need to be moved to a new location on clean day. Move to new location will be free of charged. Contractor shall empty holding tanks once per week, or as needed. 2.5 The City shall provide Contractor with name(s) of City representative(s) authorized to initiate orders and provide locations for toilet placement. Placement shall be at a City facility, project site, or other locations up to 25 miles outside the city limits of the City of Lubbock. At the City's option, the City may designate locations for portable toilets to handle emergencies or natural disasters and Contractor shall be provided with a list of such locations as it is made available. Contractor shall provide the City with the name and emergency phone number of Contractor's representative responsible for handling service requests during and after normal business hours and updating the purchasing department if information is changed. BID FORM Chemical Toilet Rentals for Various Departments City of Lubbock, Texas ITB 14 -11702 -TF In compliance with the Invitation to Bid 14 -11702 -TF, 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 14 -11702 -TF is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. *Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, up to 25 miles outside the city limits of the City of Lubbock. 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 .Chemical Toilet Rentals for Various Departments 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. Q:Purchase/Bid Docs/rt Q 14 -11702 -TF, Chemical Toilet Rentals for Various Departments 3 TY DESCRIPTION (More or UNIT OF Bids shall include pricing and delivery up to 25 ITEM 1.css) MEASURE miles outside the city limits of the City of Lubbock. UNIT COST* EXTENDED COST 1. 100 EA Chemical Toilet Rental, daily $60.00 $6,000.00 2. 50 EA Chemical Toilet Rental, weekly $80.00 $4,000.00 3. 35 EA Chemical Toilet Rental, monthly $80.00 $2,800.00 d. 50 EA ADA Accessible Chemical Toilet Rental, daily $70.00 $3,500.00 5. 25 EA ADA Accessible Chemical Toilet Rental, weekly $90.00 $2,250.00 �� 10 EA ADA Accessible Chemical Toilet Rental, monthly $90.00 $ 900.00 7. 5Mobile EA Unit with Sink and Air Conditioner, daily $500.00 $2,500.00 R 5 FA Mobile Unit with Sink and Air Conditioner, weekly $1,000.00 $5,000.00 ') 5 EA Mobile Unit with Sink and Air Conditioner, monthly $2,000.00 $10,000.00 10. 30 EA Additional Cleaning and Service Charge $25.00 $ 750.00 11. Mileage Rate Outside of 25 Mile Radius of the city limits. Does not include Lake Alan Henry. Cost per Mile 5.00 Total Annual Bid $37,700.00 Items 1-10 only *Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, up to 25 miles outside the city limits of the City of Lubbock. 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 .Chemical Toilet Rentals for Various Departments 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. Q:Purchase/Bid Docs/rt Q 14 -11702 -TF, Chemical Toilet Rentals for Various Departments 3 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of N/A %, net N/Alendar 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 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, and City of Wolfforth. YES NO XXXXX • 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 XXXXXXX a corporation organized under the laws of the State of TEXAS , or a partnership consisting of BERRYHILL SEWER SERVICE INC Firm: BERRYHILL SEWER SERVICE INC . 11 PO BOX 5009 City: LUBBOCK Bidder acknowledges receipt of the following addenda: Addenda No. Date M/WBE Firm: Addenda No. Date or individual trading as of the City of LUBBOCK _ State: TX Zip 79408-5009 Addenda No. Addenda No. Date Date Woman Black American Native American Hispanic American Asian Pacific Americj Other (Specify) QTurchase/Bid Docs/ITB 14 -11702 -TF, Chemical Toilet Rentals for Various Departments 4 By C' ' 2 n /t Authorized Representative - buist sign by hand Officer Name and Title: LEE BERRYHILL Please Print Business Telephone Number. 12/16/2013 PRESIDENT 806-762-1066 FAY: 806-762-1176 E-mail Address: dale848@gmail.com FOR CITY USE ONLY [aid 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: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. O:Purchase/laid Docs/I'1'13 14 -11702 -TF, Chemical Toilet Rentals for Various Departments 5