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HomeMy WebLinkAboutResolution - 2020-R0195 - Aquaone Inc. - Contract 15319 - 06/23/2020Resolution No. 2020-R0195 Item No. 7.8 June 23,2020 RESOLUTION BH rr Ri;SOI.VHD 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 bchaifof the City of Lubbock. Contract No. 15319 for Water Bottle and Dispenser Delivery as per I'fB 20-15319-CM. by and between the City of Lubbock and AquaOne. Inc.. of Amariilo. 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 June 23.2020 DANIEL M. POPE. MAYOR ATTES'f: Rebqcca Garza. Citv Secretar APPROVED AS TO CONTENT: JesicaW^^achem, Assistant City^Manager APPROVED AS fO FORM: e. Assistant City Attorney ccdocs/RES.Contruct 15319 - Water Bottle and Dispenser Deiiverv June 5. 2020 Resolution No. 2020-R0195 Contract 15319 City of Lubbock, TX Contract for Water Bottle and Dispenser Delivery THIS CONTRACT made and entered into this 23rdday of June 2020, by and between the City of Lubbock ("City"), and AauaOne, Inc. , ("Conlmctor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Water Bottle and Dispenser Delivery 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 Water Bottle and Dispenser Delivery. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred m, 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, Water Bottle and Dispenser Delivery and more specifically referred to as Items 1 through 6 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 terns and conditions contained herein. 3. 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 staled 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 tern 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 tern 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 C'ity'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) tenninalion 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. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Cenificate 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. SECTION B. 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. SECTION C. 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 TYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability General Aggregate . 500 000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X ❑ W/Heavy Equipment Personal & Adv. Injury X ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) PROFESSIONAL LIABILITY ❑ General Aggregate AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos Per Occurrence $500,000 EXCESS LIABILITY ❑ Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $500.000 OTHER: COPIES OF ENDOSF.NIF.NTS ARE REQUIRED ® City of Lubbock- named as additional insured on Auto/General Liability on a primary and non-contrlbutory bases. ® To include products ofcompleted operations endorsenreru. ® IVairerofsubrogalion in faroroflbe Cin of Lubbock on all coverages, ercept IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terns, conditions, limitations, or exclusions (except where policy provisions are established bylaw or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duly, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must he accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314 Avenue K Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 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. 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, al 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 Inmhination. 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 terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terns 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 terns and conditions provided herein shall prevail. The terns and conditions provided herein are Ilse final terns agreed upon by the parties, and any prior conflicting terns 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 (if) 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 tern 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 (his 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 ofthe 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 tern of the Agreement. pursuant to Section 2270.001, Texas Government Corte: 1. "Boycott Israel" means refusing to flea/ with, terminating htatness activities with. or otherwise taking ant action that is intended to penalize. inflict economic harm on. or Hour commercial relations specifically with Israel, ar with a person or entity doing business in Israel or in an Israeli -controlled territory, bra does not include an action made for ordinary business purposes: and 2. "Comparry"memn.s a for-projitsole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership. ar any limited liability company, including a it owned subsidiary, majority -owned subsidiary. parent company or ofliate ofrha.ce entities ar business associations that grist to coke a profit. 17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15319-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 LUB CK Daniel M. Pope, Mayor ATTEST Rob 'le ca Garza, City Secretaki APPED AS TO CNTENT: Gi'/22mi '✓ Aubrey Spea .E. � hector of Water Utilities APPROVED AS TO FORM Ryan Br k/sistar t City Attorney CONTRACTOR BY: Authorized Repr scntahve Print Name 0 Maio Address /lktr.' 1 I- City, State, Zip Coll City of Lubbock, TX 20-15319-CM Water Bottle and Dispenser Delivery Specifications Scope: The City of Lubbock is soliciting vendors to supply bottled water to residences in Lubbock County and Lynn County. Bottled water will be delivered every two weeks to approximately 90 residences. The contract will be for three years, said date of tens beginning upon formal approval. The vendor must be reliable, work well with the public under difficult circumstances, and be able to deliver bottled water that meets the minimum requirements. Contract Term: 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. City of Lubbock Bid ITS 20-15319-CM O;ZsL40) BID FORM City of Lubbock, TX Purchasing and Contract Management Water Bottle and Dispenser Delivery ITB No. 20-15319-CM In compliance with the Invitation to Bid 20-15319-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 111e prices set forth an 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 20-15319-CM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. QFY UNI I'PRICE' EXTENDED --Delivery ITEM I(�'-0 uOm DESCRIPTION (b) COZ b ST days ARO Initial installation of each water 1 125 EA dispensing unit for 5-gallon bottles, as specified herein. (Cooling/Heating Tyre di.9ensersareNOTacce table) 40.66 0,0c Initial installation of each water 2 10 EA dispensing unit for 3-gallon bottles, as specified herein.(Cooling/liea(ing type dispensers are NOT acceptable) co O 3 125 EA Monthly rental fee for 5-gallon water dispensing unit, as specified herein. D 4 10 EA Monthly rental fee for 3-gallon water dispensing unit, as specified herein. Monthly purchase and delivery of 5 1200 EA bottled water in 5-gallon containers. Unit price represents the price per 5- s); gallon container, as specified herein. '(� L/ q5 5 1� I Monthly purchase and delivery of 6 50 EA bottled water in 3-gallon containers. Unit price represents the price per 3- allon container, asspecified herein. Total (Items 1- #) S 3 -PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed '*Days After Receipt of Order (ARO) Unless otherwise specified herein, the City muy 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 Water Bottle and Dispenser Delivery 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 5/812020 3:15 PM p. 25 City of Lubbock Bid ITS 20-15316-CM to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENTTERMS AND DISCOUNTS- Bidder offers a prompt payment discount of net 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 Cis 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 dale of receipt by the City of a correct invoice or alter 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 quantify 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 productslservices 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 life period in which such lower price(O is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the Slate of Texas, by mutual agreement with the successful bidder, and property 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 Ilal 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 Walffprth. YES NO s/ • 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 mawrialslservice as needed. THIS BID IS SUBMITTED 13Y (/s Via corporation organized or a partnership consisting of of the CIN of Bidder acknowledges receipt of the following addenda: under the laws of the State of or individual trading as Addenda No. Addenda No. Addenda No. Addenda No. Date Date Date Date M/WBE Road Woman Black American Native American Hispanic American Asian Pacific Ameriel I Other (S cif 618/2020 3'.15 PM P. 26 City of Lubla. E Bie 1T8 20-1531 &CM Authorized Represenmuv nu61 s' n b hand 1 Officer Name and Title: f i(', �(�t 'fU'/17 2'e3ide Please PrMr Business Telephone E-mail Address: FOR CITY USE ONLY Bid Form Item Numbers) Awarded to Above Named of FAX: %M - %r3/- 2.5� P.O./Contract 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. 5JO12020 316 PM p. 27 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 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 me city, state and country of the business entitys place of business. 2020-619705 AquaOne, Inc. Amarillo, TX United States Date Filed: 2 Name of governmental entity or state agency that is a perry tot the contract for w c t e orm s being filed. 05/14/2020 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 description of the tentless, goods, or other property to be provided under the contract. 20-15319-CM Bottled Water and Water Dispensing Units 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Brewton, David AMARILLO, TX United States % 5 Check only If there is NO Interested Party. ❑ 6 UNSWORN DECLARATION \\ My name is�GQW1 •C') �� s and my date of birth is / /,I /,/7�� My address is IL1I /y/.��I°�✓i IYJr, .7& �, �1. (sbenl (dty) had lap code) (monay) I declare under penalty of artery than`he foregoing is true and correct. Fxecutetl in n��. l� County. State ot,/NXGZ ,on meof—/y�,/r//� � 20�. (mo�dh) (year) r Signs me of suit r z agent of can acting business entity oedarem) Forms provided by Texas Ethics Commission vavw.ethics.state.ix.us Version V1.1.3a6aaf7d