HomeMy WebLinkAboutResolution - 2017-R0235 - Aquaone - 07/13/2017Resolution No.2017-R0235
Item No.6.6
July 13,2017
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, a Contract related to Bottled Water and
Water Dispensing Units, by and betweenthe City of Lubbock and AquaOne,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 July 13 2017
DANIEL M.POPE,MAYOR
ATTEST:
Ate '-C^c
Rebecca Garza,City Secretary 1
APPROVED AS TO CONTENT:
^L.Wood^FranKlin,P.E.,Director of Public Works
APPROVED AS TO FORM:
RES.Contract-Nbr 13360-Bottled Water and Water Dispensing Units-AquaOne (6-22-17)
Resolution No. 2017-RO235
City of Lubbock, TX
Contract For
Bottled Water and Water Dispensing Units
Contract 13360
THIS CONTRACT made and entered into this 13th day of July. 2017 by and between the City of
Lubbock ("City"), and AquaOne, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Bottled Water and Water Dispensing
Units 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 and Water Dispensing Units.
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, Bottled Water and Water Dispensing Units
and more specifically referred to as Items five and six on the bid submitted by the Contractor or in
the specifications attached hereto.
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.
3. The contract shall be for a term of 3 years, 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.
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.
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:
7. INSURANCE COVERAGE REQUIRED
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate 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 and acceptable to the City, in the following type(s) and
amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
PROFESSIONAL LIABILITY
AUTOMOTIVE LIABILITY
® Any Auto
❑ Scheduled Autos
❑ Non -Owned Autos
(EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑ All Owned Autos
❑ Hired Autos
❑ BUILDER'S RISK
❑ INSTALLATION FLOATER
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS
OR
OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
COMBINED SINGLE LIMIT
General Aggregate 500,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Each Occurrence 500,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Other than Auto Only:
Each Accident
Aggregate _
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
500,000
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases.
® To include products of completed operations endorsement.
® Waiver ofsubrogation in favor of the City of Lubbock on all coverages, except
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 terms, conditions, limitations, or
exclusions (except where policy provisions are established by law 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, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
C All copies of the Certificates of Insurance shall reference the proiect name or bid number for which the
insurance is being supplied.
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 be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 131h Street, Room 204
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 thirty 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.
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 termination.
12 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.
13 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.
14 This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-13360-
KW, Specifications, and the Bid Form.
[Signatures are included below]
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 LUBB K
Daniel M. Pope, Mayor
ATTEST:
Re e ca Garza, City Secretary
AP VED AS TO C TENT:
Aubrey Spear . ., Dir ctor of Water Utilities
APPROVE AS TO FORM:
n
Amy Sii De i ey
CONTRACTOR
BY v
Autho 41 e Repr entative
r,u I
Print N e
Address
City, State, Zip Code
BID FORM
City of Lubbock, Texas
ITB No. 17-13360-KW
Bottled Water and Water Dispensing Units
In compliance with the Invitation to Bid 17-13360-KW, 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 17-13360-KW 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
DESCRIPTION
*UNIT
EXTENDED
(+/-}
MEASURE
PRICE
COST
Initial installation of each water dispensing
herein. (Cooling/Heating type dispensers
are NOT acceptable)
Initial installation of each water dispensing
2
10
EA
unit for 3-gallon bottles asspecified
herein. (Coo Iing/Heating type dispensers
arc NOT acceptable)
Monthly rental fee for 5-gallon water
LA
dispensing unit, as spcciFied herein,
Monthly rental fee for 3-gallon water
dispensing unit, as specified herein.
Monthly purchase and delivery of bottled
5
1200
EA
water in 5-gallon containers. Unit price
'J
�V
represents the price per 5-gallon container,
•- t 1
�� •
asspecified herein,
Monthly purchase and delivery of bottled
6
50
EA
water in 3-gallon containers. Unit price
t
represents the price per 3-gallon container,
,!
�f) •G�
asspecified herein.
Total
S �'i
(Items 1-6)
0 .50
*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 Dispensing Units 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.
ITB 17-13360-KW Boated Watcr and Watcr Dispensing Units
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-228237
Date Filed:
06/23/2017
Date Acknowledged:
06/26/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
AquaOne, Inc.
Amarillo, TX United States
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
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.
ITB 17-13360-KW/Contract 13360
Bottled Water and Water Dispensing Units
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
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
CERTIFICATE OF INTERESTED
PARTIES FORM 1295
1(if 1
Complete Nos. I - 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 tiling form, and the city,
state and country of the business entity's place
of business.
AquaOne, Inc.
2017-228237
Amarillo, TX United States
Date Filed:
06/23/2017
2 Name of governmental entity or state agency that
being filed.
is a party to the contract for which the for is
City of Lubbock
Date Acknowledged:
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
ITB 17-13360-KWIContract 13360
Bottled Water and Water Dispensing Units
to be provided under the contract.
Nature of interest
4 Name of Interested Part Y
City, State, County lace of business
h'� Y iP )
check applicable)
t PPl )
Controlling
Intermediary
5 Check only if there is NO Interested Party.
K
6 AFFIDAVIT
I swear, or affirm, under penalty of penury, Ihat the above disclosure is true and correct.
CNARISSA CLAWL
,. t ".. �r�'•
`g,;,Ngtery PubiiC. Stotn of Texas
-�. Comm "Expires i p• t l •2020
9fF....SYr`..
Notary ID 126683249
`
5+grrature authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn to and subscribers below, me, by the said
.� this the _ X r t day of
20 1,, . to cenity which, witness my hand and
seal of office. `
Signature of officer administering oath
Printed name of o licef administering oath Title ofofficer administering oath
,,o ,,, — Version V1.0.88
Forms provided by I exas tunics L urn,ritbbivil I ,.�•. •_