HomeMy WebLinkAboutResolution - 2021-R0221 - Contract 15777 with Hydra Stop 6.22.2021Resolution No. 2021-R0221
Item No. 6.14
June 22, 2021
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, Service Contract No. 15777/Sole Source for hydra -
stop, by and between the City of Lubbock and Hydra -Stop of Burr Ridge, Illinois, 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 22, 2021
�-A
DANIEL M. POPE, MAYOR
ATTEST:
Q,1AAP/ -,, g
Rebe ca Garza, City Secre ry
APPROVED AS TO CONTE T:
Jesica � achern, Assistant City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
RES.ServiceContract 15777- Hydrastop
May 25, 2021
Resolution No. 2021-R0221
City of Lubbock, TX
Hydra -Stop
Agreement
Contract 15777
This Service Agreement (this "Agreement") is entered into as of the 22i41ay of June 20 21
("Effective Date") by and between Hydra -Stop, (the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the parties enter into this agreement in accordance with Local Government Code
(LGC) § 252.022 (7) (A); Hydra -Stop is the sole designer and manufacturer of the Hydra -Stop; and
WHEREAS, Contractor desires to perform as an independent contractor to provide HYDRA -STOP
PARTS, FITTINGS AND INSERTION VALVES, upon terms and conditions maintained in this
Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are attached
hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or
contradictory provisions:
1. Exhibit A - Request for Exemption from Local Government Code 252
2. Exhibit B - Sole Source Justification
3. Exhibit C - Hydra -Stop Price Sheet
Scope of Work
Contractor shall provide the materials that are specified in Exhibit C.
Article 1
1.1 The contract term shall be for an initial 7 month period or thru December 31, 2021 whichever
comes first, 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 four (4)
additional one (1) year periods. The City does not guarantee any specific amount of
compensation, volume, minimum or maximum amount of services under this contract.
1.2 Prices quoted shall be set for an initial 7 month period or thru December 31, 2021 whichever
comes first, said date of term 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), 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 rage for all
items. If agreement cannot be reached, the contract is terminated at the end of the current
contract period.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.4 All funds for payment by the City under this Agreement 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
Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor 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 Agreement beyond the date of termination.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination 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.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by both
parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions
of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any
parties otherwise to insist upon strict performance of any provision hereof shall not constitute
a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the City
to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating
to this Agreement or the breach thereof, shall be formally discussed and negotiated between
the Parties for resolution. In the event that the Parties are unable to resolve the claims,
disputes, or other matters in question within 30 days of written notification from the aggrieved
Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at
law or in equity.
2.9 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 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.
2.10 The City reserves the right to exercise any right or remedy 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 do.
2.11 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 of insurance
from the Subcontractor that complies with all contract Insurance requirements document, this
provision shall control.
2.12 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 terms 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 terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 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 terms 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 terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.14 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.15 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 this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract 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 of the 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.
2.16 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent
certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not
boycott Israel and will not boycott Israel during the term of the contract resulting from this
solicitation. Respondent shall state any facts that make it exempt from the boycott certification
in its Response.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereof caused this Contract to be executed the day and year first
above written. Executed in triplicate.
CITY OF LU OCK
Daniel M. Pope, Mayor
ATTEST:
- 0 tAAP�lj -C
Rebe6a Garza, City Secre
AS
L/ Woofl in'P.E., Division of Public
Works
APPROVED AS TO FORM:
i
Kelli Leisure, Assistant City Attorney
CONTRACTOR
BY: zw-�"
Authorized Representative
Eli Kroloff, CFO Hydra -Stop
Address
�Vrr kb/
City, State, Zip eode
Exhibit A
City of Lubbock
Purchasing and Contract Management
Request for Exemption from Local Government Code §252
(For EWendfrura over $3.000)
Name of Director Submitting the Request: Brim DMd9n
Department: Water Mies (PlPdne MOMMU noa) Date: 03/1912021
1. Provide a detailed description of item(s) or aoxvicu(s) exempt from the Texas Local Ciowxntnent Codc per 1252.022 and
an explanation why the itm s(s) or samco(s) are necessary. Explain what the items are, how the item will be used, who
will um the items, and when and where the items will be used.
This will be for parts for our insta valve machine as well as insta-valves. These are
used for situations where we can not get the water off due to a broken valve, with this
machine we can insert a valve with out interrupting anyones water service. These
parts will be used by the Public Works (Water Pipeline Group), through out the City.
2. Statutory exemption for (Check one or more if applicable}
a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the
nowasky of the municipalitys msidents or to preserve the property of the municipality; (In can of emergency, a
contract may be awarded without competitive sealed bidding or competitive nelptiation; however, such procurement
shall be made with such competition as is practicable under the circumstances. A written detemtination of the basis
for die emergency and for the selection of the particular contramr shall be included in the contract file. Attach
beery Parebtae Explanation Form PUR 73 to this requaet)
Q2, a procurement necessary to preserve or protect the public health or safety of the municipality's nsidcnts; (Attach
Em nVacy Purchase Explanation Form PUR 7S to this requnt)
[,L3. a pros u ment necessary because of unfixeseen damage to public machiocty, equipment, or other property;
0_4. a procmoment for personal, professional, or planning services;
0-5. a procurement for work that is performed and paid for by the day as work prognoses;
0_6. a purchase of land or a right-of-way.
Gn_7. a procurement of items that are available from only one source, including; (Attach Sole Source Justification Form
Plitt-070. Upon a determination in writing that thm is only one source practicably available for that which is to be
procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive
negotiation. E4a allow lA to 45 days to arocess Sole Source Justification_)
(A) 'Items that ate available fiom only she source because of patents, copyrights, secret processes, or natural
monopolies;
(B) Fihns, manuscripts. or books;
(C) (dos, wader, and other utility services;
(D) Captive ro placaapU pacts or components for equipment;
(f) Books, papas, and other library materials for a public library that are available only Prom the persons holding
exclusive distribution rights to the materials;
(F) Managerue nt saview provided by a nonprofit organization to a municipal musehm, park, zoo, or other facility
to which the organization has provided significant financial or other benefits.
Q_8. a purchase of rate books, papers. and other library materials for a public library;
IZ9• paving dmioage. stroot widcating, and other public improve aonts, at related magm% if at least owAird of the cost a
to bo paid by or through special its lovied on property that will benefit from the improvements;
M10. a public improvement project, cry in pogrom avOwized by the voters of the municipality, for wbicb thecae is a
defiaienoy of fiords for completing the project in acoordanco with the plans and pugx s authorized by the voters;
a payment under a conduct by which a developer participates in the construction of a public improvement as
provided by Subchapter C. Chapter 212;
CL_12. personal properly sold:
Page 102
PUR-10 (Rev 1211012)
(A) at an auction by a state licensed auctioneer
(B) at a going out of business sale held in compham:e with Subchapter F. Chapter 17, Business & Commerce
Code.
(C) by a political subdivision of this state. a state agency of this state, or an entity of the federal government; or
(D) under an interlocal contract for cooperative purchasing administered by a regional planning commission
established under Chapter 391;
Q_13 services performed by blind or severely disabled persons,
IZ-14 goods purchased by a municipality for subsequent retail sale by the municipality.
171 15 electricity; or.
11_I6. ad%ertising. other than legal notices
3. Factual justification for the request (Give a brief summary why this request falls within one or more of the exceptions
circled in paragraph 2 above )•
Insta valve is the manufacturer of the machine we purchased back in 2019 and you
can only use there inst valves with there equipment. So that is the reason they are
a sole source supplier.
4. Requisition : ' ^i 3-_ Requisition Amount: if
(•f f+
S. Fleet Approval must be obtained front the Fleet Services Manager when the purchase includes rolling stock (e g , autos.
trucks, off -road equipment, fann equipment. traders, utdity'service bodies, cie. ).
Signature of Fleet Services Manager Date
6. Appro%a) must be obtained from the Manager of Information Tewhnology when the purchase includes any computer
systems, computer hardware, computer software, or computer peripherals.
Signature of Manager of Information Technology Date l
RECOhI&I ED AND SUBMI U61) BY:
IL '4.,,N7
Signature Date
Ifixpenditures under S25.000 lkpi licad, ever S25.000 Dimtorl
5 ION APPROVED AND AUTHORIZED BY:
Signat irector of Purchasing and Contract Management
Page 2 of 2
16-- O 15'' W Z-/
Date
PUR-10 (Rev 12,2012)
Exhibit B
City Of Lubbock
Purchasing and Contract Management
Sole Source Justification
This form must be completed for each requisition/contract that provides for proprietary (sole source) acquisition of goods and
services valued at a total amount of $3,000 or more. If more space is needed, please attach additional page(s). Inadequate
justification or documentation for a request for non-competitive procurement will result in a solicitation of bids.
Vendor: Hydra -Stop Requisition: 516 2 -
ProductiService: Replacement Parts/ Valves and Sleeves
Estimated annual expenditure for the above commodity or service. $100,000
1. Unique Features. Specify the unique features or characteristics of the goods or services that are requested:
Hydra Stop is the company that we bought our inst valve machine from back in 2019 and
there valves are the only ones that will work with the machine we purchased. They are the
only company that makes the replacement parts as well.
2. Special Needs. Briefly explain why the unique specifications restrict the requisition to one manufacturer or provider:
They are the manufacturer of this machine and the valves, so you have to use there valves.
3. Other Sources. State the reason or reasons why competing products are not satisfactory, e.g. a justification for the
proprietary (sole source) acquisition:
Because there valves were designed for there equipment.
4. Initial all entries below that apply to the proposed purchase. Attach Requet► for Ereniptioti front Local Goi•t Code 252
(form 010) containing complete justification and support documentation as directed in initialed entry. (More than one
entry will apply to most sole source products/services requested). Please allow UP TO 45 DAYS to process Sole Source
Justification.
1. ❑ Sole Source request is for the original manufacturer or provider, there are no regional distributors. (Attach the
manufacturer's written certification that no regional distributors exist. Item no. 4 also must be completed.)
2. ❑ Sole Source request is for the only greater West Texas area distributor of the original manufacturer or provider.
(Attach the manufacturer's not the distributor's written certification that identifies all regional distributors.
Item no. 4 also must be completed.)
3.9 The part/equipment are not interchangeable with similar parts of another manufacturcr.(Explain in separate
memorandum.)
4. ❑ This is the only known item or service that will meet the specialized needs of this department or perform the intended
function. (Attach memorandum with details of specialized function or application.)
5. ❑ The parts/equipment we required from this source to permit standardization. (Attach memorandum describing basis
for standardization request.)
6. ❑ None of the above is applicable. A detailed explanation and justification for this sole source request is contained in
attached memorandum.
Page t of 2 PUR 70 (12.2012)
The undersigned requests that Texas Local Government Code §252.021 Competitive Bidding and Competitive Proposal
Requirements be waived and that the vendor identified as the supplier of the service or material described In this sole
sourp justification be authorized as a sole source for the service o ria1.
n An
Department Head Signature Director Signature
i._ jr
Department Division Date
Approved by Purchasing Direct
Disapproved By
Reason for Disapproval -
(PURCHASING DEPARTMENT USE ONLY)
Date. 05. ZoZ
Date -
Page 2 of 2 PUR 70 (12 2012)
r YV%I11r1�w8r ■-0 lmem.h .C=
March 19, 2021
City of Lubbock
162513th Street
Lubbock, TX 79457
Dear Brian Bearden:
Hydra -Stop is the sole designer and manufacturer of the Hydra -Stop System. The Hydra -Stop
System is an under -pressure pipe maintenance and repair system engineered to allow the repair
and maintenance of water, wastewater and other fluid systems without interrupting service or
requiring system shutdown.
The Hydra -Stop System allows any of its four standalone machines to expand capability and
function through the use of interchangeable components and expansion kits: Hydra -Tapper 2"-
20" pressure tapping, Hydra -Stopper 2' -20" line stopping, Insta-Valve 2504D 4"-12" valve
insertion. Covered by United States Patent No. 9,829,141,B2 and United States Patent No.
9,644,779,B2 and IVP 2500 16" valve insertion (Patent 8627843,B2). All design and invention
rights are reserved. Additional Patents Pending.
Hydra -Stop Fittings, Insta-Valve 2500 insertion valves and IVP 2500 insertion valves are
engineered specifically to be used with the Hydra -Stop System and are an integral component of
the Hydra -Stop System.
If you require any addition information or documentation, please do not hesitate to contact me.
Sincerely,
wad. n. .. .0
Eli KrolofT
CFO
Hydra -Stop
144 TOWEr OBve • Bun Rom, tL • 60527 • PHONE: 708-W4111 - FAX: 708-3M5123
Exhibit C
6HYD
=STOP . SALES ORDER ACKNOWLEDGMENT: HSPQ16566-02
SOLUTIONS FOR
CONTROL
DATE: 05-10-2021
144 Tower Drive I Burr Ridge, IL 60527
Customer
ID:
LUBB-TX
Phone: (708)389-5111 1 Fax:(708)389-5125
Bill To
Ship To
City of Lubbock
City of Lubbock
Brian Bearden
Brian Bearden
1625 13th Street
1625 13th Street
Lubbock, TX 79457
Lubbock, TX 79403
Phone (806)775-2610
Phone (806)775-2610
Fax
Fax
Type of
Business
Dan Huffaker
Dan Spratt Yes
Net 30
DB-HS
client Request Date
Ex -Works
Allowed 1 Week ARO
Municipality
Line Part Number
Description
Qty
Unit Price
Ext. Price
1 25690250-CS-N
6", IV250, 6.90 Insta-Valve Body, Non-AIS, CS FLG, 4
$2,306.00
$9,224.00
304SS HW
2 25720250-CS-N
6", IV250, 7.20 Insta-Valve Body, Non-AIS, CS FLG, 3
$2,306.00
$6,918.00
304SS HW
3 25CARTLH06-250
6" Open Left Cartridge, IV250
7
$1,498.00
$10,486.00
4 25905250-CS-N
8", IV250, 9.05 Insta-Valve Body, 8",
IV250, 2
$2,562.00
$5,124.00
Non-AIS, CS FLG, 304SS HW
5 25932250-CS-N
8", IV250, 9.32 Insta-Valve Body, 8"
IV250, Non- AIS 1
$2,562.00
$2,562.00
CS FLG, 304SS HW
6 25CARTLH08-250
8" Open Left Cartridge, IV250
3
$1,692.00
$5,076.00
7 251110250-CS-N
10", IV250, 11.10 Insta-Valve Body,
CS FLG, 304SS 1
$4,918.00
$4,918.00
HW Non AIS
8 251200250-CS-N
10", IV250, 12.00 Insta-Valve Body,
CS FLG, 304SS 1
$4,918.00
$4,918.00
HW Non AIS
9 25CARTLHIO-250
10" Open Left Cartridge, IV250
2
$2,483.00
$4,966.00
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
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 the city, state and country of the business entity's place
of business.
2022-952295
Hydra -Stop LLC
Burr Ridge, IL United States
Date Filed:
11/04/2022
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
Date Acknowledged:
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.
30133069 HYDRA STOP REQ 57677
Purchase of Insta-Valves
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
UNSWORN DECLARATION
My name is Eli Kroloff and my date of birth is
My address is 2112 W Corltand St Chicago
IL 60647 USA
(street) (city)
(state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dupage County, State of IL on the
22day of November 20 22
(month) (year)
Signature of authorized a ent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.d1b92728
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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 the city, state and country of the business entity's place
of business.
2022-952295
Hydra -Stop LLC
Burr Ridge, IL United States
Date Filed:
11/04/2022
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
Date Acknowledged:
11/22/2022
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.
30133069 HYDRA STOP REQ 57677
Purchase of Insta-Valves
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.dlb92728