Loading...
HomeMy WebLinkAboutResolution - 2013-R0308 - Contract - DS Waters Of America Inc.- Bottled Water - 09/26/2013Resoluiton No. 2013-RO308 September 26, 2013 Item No. 5.14 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, Contract No. 11423 for bottled water, by and between the City of Lubbock and DS Waters of America, Inc., of Atlanta, Georgia, 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 September 26, 2013 GLE ROBER SON, MAYOR ATTEST: (D,. o,,, L, — Reb kcca Garza, City Secretary APPROVED AS TO CONTENT: - R. gi-Li R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs. RES.Contract-DS Waters of America September 6, 2013 Resolution No. 2013-RO308 City of Lubbock, TX Contract Services for Bottled Water Contract 11423 THIS CONTRACT made and entered into this 26th day of September, 2013, by and between the City of Lubbock ("City"), and DS Waters of America, Inc. Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for Bottled Water 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 Bottled Water. 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: 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, Bottled Water and more specifically referred to as items three through six 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, bid form, offer, and terms and conditions contained herein. 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 two, 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. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (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 Commercial General Liability 500,000 General Aggregate Products-Comp/OP AGG X Personal & Adv. Injury X Contractual Liability X Automotive Liability Combined Single Limit Any Auto 500,000 Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis, 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. 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. 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; Bid Form and the Specifications. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. • 1.30.1016) =M• ATTEST: 5<7 Re ecca Garza, City Secretar APPROVED AS TO CONTENT: R. Keith Smith, Director of Public Works APPR 7 FORM: X_ Assistant City Attorney CONTRACTOR BY Authorized Repre tative Print Name 5 ao Ales r`6,d 1 � Address '4+ L n-6, a,4 J03 aft City, State, Zip Code BID FORM Bottled Water and Water Treatment Systems City of Lubbock, TX ITB No. 13 -11423 -CP In compliance with the Invitation to Bid 13 -11423 -CP, 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 13 -11423 -CP is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENDED COST Initial installation of each water dispensing 1 125 EA unit for 5 -gallon bottles, as specified O V herein. (Cooling/Heating type dispensers are NOT acceptable) Initial installation of each water dispensing 2 10 EA unit for 3 -gallon bottles, as specified O herein.(Cooling/Heating type dispensers are NOT acceptable) Monthly rental fee for 5 -gallon water -L-7j-�S 3 125 EA dispensing unit, as specified herein. �q Monthly rental fee for 3 -gallon water Q 4 10 EA dispensing unit, as specified herein. o 1 Monthly purchase and delivery of bottled 5 1200 EA water in 5 -gallon containers. Unit price represents the price per 5 -gallon container,' VV asspecified herein. Monthly purchase and delivery of bottled 6 50 EA water in 3 -gallon containers. Unit price represents the 3 -gallon + price per container, 3. 10, 3 ass specified herein. Installation charge for residential N� �0 7 3 EA (approximately 30 -gallon per day, capacity) water purification systems at various bt U locations, asspecified herein. Installation charge for commercial 8 5 EA (approximately 450 -gallon per day Nv ,yp capacity) water purification systems at !`'� b� N �t 61 various locations, ass specified herein. Monthly rental fee for residential (approximately 30 -gallon per day capacity) 9 3 EA water purification systems. Cost must No include all associated fees, such as, maintenance, maintenance kits, filters, and bld '! b'1 U etc. All maintenance will be performed by the vendor, as specified herein. 07103/13 Q Purchase/Bid Docs/ITB 13 -11423 -CP Bottled Water and Water Treatment Systems 4 ITEM QTY UNIT OF MEASUR10 DESCRIPTION UNIT PRICE EXTENDED COST 5 EA Monthly rental fee for commercial (approximately 450 -gallon per day capacity) water purification systems. Cost No must include all associated fees, such as, ^^11 �U ,J maintenance, maintenance kits, filters, and etc. All maintenance will be performed by the vendor, asspecified herein. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed 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 bottled water and water treatment systems 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 Q—%, net 3o calendar 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 • 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. 07/03/13 Q PurchasJDtd Docs/ITB I3 -11423 -CP Bottled Water and Water Treatment Systems 5 THIS BID IS SUBMITTED BY DS "C-H.'fS a corporation organized under the laws of the State of 17 C j6L VJaY-G , or a partnership consisting of trading as of the City of or individual Firm: DS �&J..jas of Amj� ,r►(C1 ,In(, Address:5U(ob NIL\ i Nt- j1n!h \CIe_ C -X. Ss C. 5C0 City: A(u)-la State: 6th Zip 303210 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman Black American I I Native American Hispanic American I I Asian Pacific Americi I Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) By Air - must sign by hand I�M����-�► IVIS n ger, I���e� Y_ Officer Name and Title: Please Print Business Telephone Number �n�'-i�(D — 344 V FAX:6414,0o-3(0(0� E-mail Address: J M LO\A\AA_�)P W -T V• CIZIRn 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: 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. 07/03113 Q Purchase/Bid Docs/ITB 13 -11423 -CP Bottled Water and Water Treatment Systems 6 City of Lubbock, TX Minimum Specifications For Bottled Water Introduction and General Information 1.1 The City of Lubbock is soliciting vendors to supply bottled water to residences and water purification systems for commercial facilities. Bottled water will be delivered every two weeks to approximately 90 residences. The contract will be for one year, with the option of two, one year extensions. The vendor must be reliable, work well with the public under difficult circumstances, and be able to deliver bottled water/purification systems that meet the minimum requirements listed below. 2. Definitions and Applicable Documents 2.1 Bottled Water shall conform to: 2.1.1 Texas Administrative Code Title 25 Part 1: Chapter 229 Subchapter F: Production, Processing, and Distribution of Bottled and Vended Drinking Water. 2.1.2 All other applicable State and Federal regulations and standards regarding the processing and distribution of drinking water for human consumption. Minimum Requirements 3.1 The City is supplying bottled drinking water to specific residences adjacent to the Lubbock and Hancock Land Application Sites. These residences are generally in rural areas of east central Lubbock County and northeastern Lynn County. Many residences are located on unimproved roads dirt roads. 3.2 Bottled water dispensers shall be supplied at the residence of each customer by the vendor. (NOTE: The dispensers shall serve only to dispense the product — cooler type dispensers are NOT acceptable) (NOTE: It is permissible for the vendor and the customer to enter into an agreement to have an "upgraded" or "hot/cold" dispenser, as long as the customer is responsible for the additional cost/rent and is paid directly to the vendor. The vendor must clearly state to the customer that they do not have to "upgrade", but is an option for the customer. 3.3 Bottled water shall be delivered to each customer in three or five gallon sealed containers as required to meet the needs of the customer. No bottle water deposits will be allowed. The vendor, at the vendor's expense, and not withstanding poor road conditions, will accomplish delivery to each residence. 3.4 The City recognizes that there is a seasonal demand change for water consumption. The vendor is allowed to dispense up to 30% (percent) more bottles of water to the customer from the initial setup, upon customer request. If more than 30% (percent) more water is requested, then the vendor must obtain approval from the City of Lubbock, prior to dispensing more bottles of water. 3.5 The vendor shall supply the City with a monthly statement verifying that the bottled water complies with the criteria set forth in item 2.1 above. 3.6 The vendor shall furnish the City of Lubbock with copies of all applicable licenses, permits and other documents required by the Texas Department of Health for bottled water suppliers. 3.7 The vendor shall initially supply each customer with literature describing the bottled water dispensing equipment. 3.8 The vendor, at the vendor's expense, shall expeditiously resolve customer complaints concerning bottled water and/or dispensing equipment. 3.9 A single invoice itemizing the charges for all customers by delivery address and name shall be submitted to the City on a monthly basis for payment. The monthly statement shall also include the number of bottles lift at the residence of the customer and the number of "returned" empty bottles. 3.10 Upon notification of individual service termination by the City, the vendor shall be responsible for the pickup of all bottles and dispensing equipment from that individual address. 3.11 Water purification systems shall be considered for use at commercial facilities. Water purification systems shall have all maintenance and testing as recommended as specified by the manufacturer (s) done at the vendor's expense. Any defective water purification system or parts there of shall be replaced immediately at the vendor's expense. Water purification systems shall provide safe drinking water and conform to the rules and regulations as set forth in item 2.1 above. The vendor shall be responsible for regular water testing to insure that the unit (s) is operating properly. The vendor shall maintain these water purification systems, and all liabilities associated with the use and maintenance of said systems will fall solely with the vendor. 3.12 The City shall not be liable for the bottles or rental equipment in the residence of the customers. This includes neglect, abuse, broken bottles due to freezing weather, theft, etc. Since the City of Lubbock does not have control of the individual equipment at the residents, the resident shall be held liable for the care of the equipment. 3.13 Upon termination of the contract with the vendor, the vendor shall be responsible for the pickup of any and all vendor's equipment. 3.14 Minimal disruption of service to customers during setup is desired/preferred. 4. Quality Assurance 4.1 The vendor shall conform to all applicable rules and regulations. Water testing results shall be provided to the City of Lubbock on the required state regulatory schedule to assure the quality of the product. 4.2 The selected vendor shall provide the following before contract award or renewal: 4.2.1 Current Certificate of Competency 4.2.2 The previous three months (or most recent) microbiological sampling results for the finished product, container and closures, and source water. 4.2.3 The most recent chemical and physical sampling results for the finished product and source water. 4.2.4 The most recent source approval records. 4.3 Failure to provide a quality product and quality customer service shall result in the termination of the contract. City of Lubbock, TX Purchasing and Contract Management Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code §271.9051, in purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: (1) the lowest bidder, (2) the bidder whose principal place of business is in the municipality if the goveming body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not prohibit a municipality from rejecting all bids. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13d Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected Local Business Name: Siong, SDY1 OW Local Address (must be within the City limits): i5Ve nt to 1 ,t bbo Uel –VX 7-014C)I 5%,0(00 Ne�Wxlo s:dt Dr- '*C.500 Address of the company's principal place of business within the United States: 4TICUC ho 3CZS' Aek 1. How many residents of the City of Lubbock are employed at the above businesslocation? Q 2. Year your business was established in the City of Lubbock .e 16185 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: Does your business have more than one office in the State of Texas? V Yes _ If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: Was the local business required to pay business and/or real property tax for the most recent tax year? ✓ Yes No / If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct It is fiuther acknowledged that any person, firm, corporation or entity intentionally submitting else information to the City in an attempt to qualify for eligibility shall be prohibiW from bidding on City of Lubb pro ucts and rvice r period of one (L) year. Authorized Signature: y Date: �6 Printed Name and Title: 97N3/13 Q'PurdmeJaid DomM 13.11423 -CP Boded Wear and Water Treannan Sym.