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HomeMy WebLinkAboutResolution - 2011-R0284 - Contract - Norit Americas Inc.- Powered Activated Carbon, Annual Pricing - 07/14/2011Resolution No. 2011-R0284 July 14, 2011 Item No. 5.10 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. 10145 for powered activated carbon -annual pricing, by and between the City of Lubbock and Norit Americas, Inc. of Marshall, 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 Julv 14, 2011 TOM MARTIN, MAYOR ATTEST: Retie ca Garza, City Secret APPROVED AS TO CONTENT: CCf' Marsha Reed, P.E., Chief Operating Officer APPROVEQ AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Norit Americas, Inc. June 7, 2011 Resolution No. 2011-RO284 CONTRACT NO. 10145 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES for Powdered Activated Carbon - Annual Pricing ITB 11 -10145 -DT THIS CONTRACT, made and entered into this 14th day of July 2011,between the City of Lubbock ("City"), and Norit Americas, Inc., ("Contractor") of, Marshall, Texas. WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Powdered Activated Carbon - Annual Pricing for the City of Lubbock 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 accepted such bid, and authorized execution, in the name of the City of Lubbock of a contract with said Contractor covering the purchase and delivery of the said Powdered Activated Carbon - Annual Pricing. 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 Powdered Activated Carbon - Annual Pricing specifically referred to as Items) No. 1 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract term shall be for an initial one (1) year period, said date of term beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for two (2) additional one (1) 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 the most appropriate for the specific contract for the previous first year. 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. This contract shall remain in effect until the expiration date, performance of services ordered, or termination 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. 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 aid 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. 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. S. 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. 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 coverage 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). 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 cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor must maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver 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. TYPE 1. Worker's Compensation And/or AMOUNT Statutory Employers Liability or Occupational Media[ and Disability $500,000 2. General Liability insurance including coverage for the following: a. General Aggregate Combined single limit for b. Products/completed operations bodily injury and property C. Personal injury damage of $300,000 per d. Contractual liability occurrence or its equivalent. 3. Automotive Liability $200,000 The City of Lubbock shall be named a primary additional insured on general liability with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the ITB 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 bind 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. 9 . 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. 10 , This Contract consists of the following documents set forth herein; Invitation to Bid #11 -10145 -DT, General Conditions, Specifications, and the Bid Form, IN WITNESS WIIEREOF, 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: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, Chief Operating Officer APP AS 7 FORM: Assistant City Attorney CONTRACTOR No ter, Ga& 1�c. BY Authorized Representative COO Address 1`�'la�Sl.alj, TQC -25671 Resolution No. 2011-RO284 City of Lubbock, TX Powdered Activated Carbon - Annual Pricing Bid No. 11 -10145 -DT SPECIFICATION FOR POWDERED ACTIVATED CARBON 1. DESCRIPTION Activated carbon is a black powder with enormous surface area and is insoluble in water. The chemical formula is C and the formula weight is 12.0. Powdered activated carbon is used for the absorption and removal of color, odor, and other organic substances from drinking water. 2. PURITY REQUIREMENTS Powdered activated carbon purchased for use at the City of Lubbock Water Treatment Plant shall contain no soluble mineral or organic substances capable of producing deleterious or injurious effects upon the health of those consuming the water, or that would otherwise render treated water unfit for public consumption. Activated carbon shall conform to AWWA Standard B600-96 or the latest revision thereof. Bidders must furnish an affidavit attesting to compliance with tl�s standard along with a certified analysis of the activated carbon. 3. PRODUCT PERFORMANCE Each bidder will supply a suitable sample size for performance evaluation with the bid. The City will analyze each sample for absorption capability by weight. Acceptance of a bid will be based on performance and cost. 4. REGULATORY REQUIREMENT Effective January 1, 1993, all chemicals and any additional or replacement process media used in treatment of water supplied by public water systems must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 60 for direct additives and ANSI/NSF standard 61 for indirect additives. Conformance with these standards must be obtained by certification of the product by an organization accredited by ANSI. The successful bidder must provide proof of this certification to the City of Lubbock Water Treatment Department with the bid. 5. QUANTITY Anticipated annual consumption of powdered activated carbon will be 87 tons more or less. 6. DELIVERY The powdered activated carbon shall be delivered in bulk via hopper truck with pneumatic power unloading equipment and a dust capture sock. Unloading to plant storage tanks is to be performed by the driver under the direction of operations personnel. The transporter is required to furnish official certified, dated, stamped, weight tickets with each load of chemical, before and after unloading. Handwritten tickets or numbers are prohibited. Delivery day and time will be specified at each ordering time. All delivery people will display photo security ID upon arrival at the site. All deliver people will be identified by the company before arrival at the site. Preferably at the time and order is placed. Upon arrival at the Water Treatment Plant, delivery people will check in at the main building before going to the unloading site. Normal delivery will be during regular business hours. All loads will be sealed and the seal will be broken in the presence of the plant representative. 7. PRICING Pricing for powdered activated carbon shall be firm for a period of one (1) year with an option to renew annually for an additional two (2) years with the written consent of both parties. Price shall be quoted for bulk delivery FOB City of Lubbock Water Treatment Plant. Listed quantity is an estimate only for pricing purposes. Actual usage may vary. 8. PROPERTY Specifications Moisture, as packed, % 8 max. Molasses RE, ai 75 min. Part. Size -325 mesh, % 90 min. Part. Size -200 mesh, % 95 min. Part. Size -100 mesh, % 99 min. Iodine No. 500 min. TA Density, lbs/cu. ft. None ITB 11 -14145 -DT Powdered Activated Carbon - AP Resolution No. 2011-80284 BID FORM City of Lubbock, TX In compliance with the Invitation to Bid 11 -10145 -DT, 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 11 -10145 -DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "After Receipt of Order' PAYMENT TERMS 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 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 Z * 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 entity l -1 tEach goovenunental enti,�wiill order their own materials/service as needed. THIS BID IS SUBMITTED BY N 0 iI efI l9J W)c. a corporation organized under Page 8 of 28 Q:ParchaseBidDocs/11-10145-DT UNIT OF DESCRIPTION UNIT Extended Delivery ITEM QTY MEASURE PRICE* Cost Days (mare or fess) BID ARO** a. & C. d. e. f= b x e 1. 87 TN Powdered Activated Carbon, as specified herein. $11,61 D. o $ i 31q�i1 ' l *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "After Receipt of Order' PAYMENT TERMS 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 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 Z * 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 entity l -1 tEach goovenunental enti,�wiill order their own materials/service as needed. THIS BID IS SUBMITTED BY N 0 iI efI l9J W)c. a corporation organized under Page 8 of 28 Q:ParchaseBidDocs/11-10145-DT ITB 11 -10145 -DT Powdered Activated Carbon - AP the laws of the State of , or a partnership consisting of or an individual trading as of the City of Finn: Gd S=\ C . Address:n —7 j City: 1 I L rw I I State:_ Zip 1 �Q� r M/WBE Firm: By c Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Authorizedepresen'tat�ive - must sign by hand Officer Name and Title�na�a [ �� Q Please Print � 111,2oi Business Telephone Number s -� S (�' '`1 —/q 3 FAX: `7.-, 9.2,f' I Q45 E -Mail Address: 8 Mck e 2. FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Page %arta Q: PurchaselB i dDocs/ 11-10 145 -DT