HomeMy WebLinkAboutResolution - 2009-R0058 - Contract - Berryhill Sewer Service Inc.- Chemical Toilet Rental - 02/12/2009Resolution No. 2009•-RU058
February 12, 2009
Item No. 5.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Unit Price Contract for
Chemical Toilet Rental -Annual Pricing as per ITB 09 -004 -FO, by and between the City
of Lubbock and Berryhill Sewer Service, 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 this 12th
ATTEST:
Reb ca -Garza, City Secrr_tary
APPROVED AS TO CONTENT:
VQ�
Victor Kilman, birector of Purchasing
And Contract Management
APPROVED -SAS Tp FORM:
Chad Weaver, Assistant City Attorney
day of February , 2009.
TOM MARTIN, MAYOR
vw/ccdocsiChad/Resolutions/RES.Contract-Berryhill Sewer
January 26, 2009
Resolution No. 2009—R0058
CITY OF LUBBOCK
CONTRACT
For
Chemical Toilet Rental — Annual Pricing
ITB # 09 -004 -FO
THIS CONTRACT, made and entered into this 12`h day of February, 2009, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Berryhill Sewer Service Incorporated, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Chemical Toilet Rental — Annual
Pricing and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock
has heretofore adopted a resolution authorizing the acceptance of such bid, and 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 Rental.
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 specifications and
bid are attached hereto and made part hereof, Contractor will deliver to the City the Chemical
Toilet Rental specifically referred to as Item(s) No. I thru 10 and more particularly described in
the bid submitted by the Contractor or in the specifications attached hereto.
2. The contract shall be for a term of one-year, said date of term beginning upon City Council date of
formal approval. 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. Listed quantities are estimate only. Actual quantities may vary.
4. 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 agrees to pay the
Contractor according to the payment schedule attached; said payment schedule does not include
any applicable sales or use tax.
5. The Contractor shall perform the work according to the procedure outlined in the specifications
and Invitation to Bid attached hereto and incorporated herein.
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.
Prior to the approval of this contract by the City, the Contractor shall furnish a completed
Insurance Certificate, along with a copy of the primary additional insured endorsement, 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 THIS CONTRACT UNTIL SUCH CERTIFICATE
SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
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.
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 Contractor's sole expense, insurance
coverage written by companies approved by the State of Texas and acceptable to the City, in the
following type(s) and amount(s):
TYPE AMOUNT
Worker's Compensation: The Contractor shall elect to obtain worker's compensation coverage
pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the
Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of
worker's compensation insurance coverage by Contractor or any cancellation or non -renewal of
worker's compensation insurance coverage for the Contractor shall be a material breach of this
Contract." The Contractor may maintain Occupational Medical and Disability Insurance in lieu of
Workers' Compensation. In either event, the policy must be endorsed to include a wavier of
subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY
OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000.
Commercial General Liability: $500,000 per occurrence
General Aggregate
Products — Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Automobile Liability: $500,000 per occurrence
Any Auto
The City of Lubbock shall be named a primary additional insured with a waiver of
subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall
reference the project name or bid number for which the insurance is being supplied.
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.
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.
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 This Contract consists of the following documents set forth herein; Invitation to Bid #09 -004 -FO,
General Conditions, 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 LUBBOCK
Tom Martin, Mayor
ATTEST:
Rebec a Garza, City Secretary
CONTRACTOR
BY ,lam r
Authorized Representative
v
Ads
APPROVED AS TO CONTENT:
f
Victor Kilma Director of Purchasing and Contract Management
APPR E T ORM:
Assistant City Attorney
Resolution. No. 2009—R0058
ITB#09.904-FO, Chemical l'oilct Rental -Annual Pricing
SUBMIT TO:
CITY OF LUBBOCK
..
'� t
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
1625 13'" Street, Rm 204
f 1�
Lubbock, Tx 79401-3830
AN EQUAL INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Felix Orta
EMPLOYER #09-00440
TEL: 806.775.3150
FAX: 806.775.2164
http://purchasingei.lubbock.tx.us
TITLE: Chemical Toilet Rental — Annual Pricing
SUBMITTAL DEADLINE:
January 8, 2009 C 3:00 p.m. CST
PRE BID DATE, TIME AND LOCATION: December 30, 2008 at 10:00
.anrbids received a}ierthe time and date listedabove, regardleSsafthe
A.M. in the City Hall, 1625 13"'
Street, Purchasing Conference
made of deliwry. shall be returned unopened.
Room 204 Lubbock,Texas.
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS.
MAILING ADDRESS:
IF RETURNING AS A"NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY — STATE — ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
TELEPHONE NO:
IN THE BEST INTEREST OFTHE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST' BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
BIDSYNC.COM X YES NO
The City of Lubbock Charter states that no officer or employee of the City can benefit fiurn any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles purchased Will any officer or employee of the City, or member of their
imnxxhate family, benefit from the award of this bid to the above firm? YESXX_ NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND
SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MEC, HEREBY SUBMITS THE FOLLOWING BID FOR
FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE
ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BILI
FORM. AN INDIVIDUAL. AUTHOR17.ED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS
PORTION MAY RESULT IN BLD REJECTION.
By my signature I certify that this offer is mane without prior understanding, agreement, or connection with any corporation, firm, busirk% entity, or person
submitting an offer for the sante materials, supplies, equipment, or service(s), and is in all respects Fair and without collusion or fraud 1 further agree that if the
offer is accepted the offeror will convey, sell. assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or
hereafter acquire under the Anti-trust laws of the United States and the State of Texas For price fixing relating to the particular comrmrdity(s) or service (s)
purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and ba:ome effective at the time the City t=k'ns final
payment the vendor.
1 ,o :y .� t -tJ' PRESIDENT
Au orized Signature r Title
LEE BERRYIIILL 121221200$
PrmVfype Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
09-004-FO.doc 8
ITB#04-004-FO. Chemical Toilet Rental -Annual Pricing
BID FORM
Chemical Toilet Rental — Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 09 -004 -FO
In compliance with the Invitation to Bid #09 -004 -FO, 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. The Invitation to Bid #09 -004 -FO 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
I DESCRIPTION
UNIT
EXTENDED
(More
MEASURE
Bids shall include pricing and delivery up to
or Lem.)
25 miles outside the city linuts of the City of
Lubbock.
EA
ChemicalToilet Rental, dailyS-40.00
50
EA
Chemical Toilet Rental, weekly&6,
5
EA
"hemics Toi et Rental, monthly
$2,100.00
__5(T__
EA
ADA Accessible Chemical Toilet Rental, daily
M.60
5
5.
25
EA
ADA Accessible Chemical Toilet Rental,
$70.00
S1,750.00
weekly
EA
ADA Accessible Chemical Toilet Rental,
$70.00
S 700.00
month)
7.
5
EA
Mobile Unit with 1 and Air Conditioner,
S500.00
$2,500.00
daily
5
EA
Mobile Unit with in an it Z7onditioner,
$5,000,00
weekly
5
EA
Mobile Unit with m and Air Conditioner,
$2,000.00
$10,000.00
monthly I
•
EA
Additional eaning and Service Charge
600.00
Mileage Rate Outside of 25 Mie Radius o t e
Cost per Mie
5.00
city limits. Dae.- not include Lake Alan Henry.
Total Annual Bid
$32,150.00
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. "Days After Receipt of Order (ARO).
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive
immaterial formalities.. 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 croup of items shown on the Bid Form.
The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms
there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a
part of this offer. This offer is not subject to withdrawal.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0.00_%, net 10calendar 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 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
09.004-FO.doc 9
ITB# 09 -004 -FO, Chonical Toilet Rental -Annual Pricing
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 materialslservices 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 BERRYHILL SEWER SERVICE, INC a corporation organized under the laws of
the State of TEXAS , or a partnership consisting of
or an individual trading as
Firm: BERRYHILL SEWER SERVICE. INC
Address: PO BOX 5009
CityLUBBOCK,. TX, 79408
of the City of
M/WBE Woman Black American Native American
Firm:
Hispanic American Asian Pacific Other (Specify)
American
BY l t r
- must sign
Officer Name and Title: LEE BERRYHILL, PRESIDENT
Please Print
Business. Telephone Number 806-762-1066 FAX 806-762-1176
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY SNA. -VIE AND ADDRESS.
09-004-FO.doc 10