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HomeMy WebLinkAboutResolution - 2005-R0016 - Letter Of Award For Water Treatment - DPC Industries, Inc. - 01_13_2005Resolution No. 2005-ROO16 January 13, 2005 Item No. 33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for water treatment chemicals for water reclamation plant — six month pricing, by and between the City of Lubbock and DPC Industries, Inc. of Sweetwater, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th day of ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: vt&d(�� Victor Kilm Purchasing Manager APPROVED AS TO FORM: Linda L. Chamales Senior Attorney/Office Practice gs/cdocs/Ltr of Award-DPC Industries Inc.res Dec. 22, 2004 Resolution No. 2005-ROO16 January 13, 2005 Item No. 33 Office of Purchasing P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 January 13, 2005 Michael B. Stock DPC Industries, Inc. PO Drawer 158 Sweetwater, TX 79556 RE: ITB #04-175-BM - WATER TREATMENT CHEMICALS FOR WATER RECLAMATION PLANT - SIX MONTH PRICING Dear Mr. Stock: DPC INDUSTRIES, INC. has been awarded the items noted below on the Water Treatment Chemicals for Water Treatment Plant - Six Month Pricing on your response to the City of Lubbock Invitation to Bid #04-175-BM. 1. Purchase Orders will be issued by the City of Lubbock and cover the category of items shown below, and no other, during the period beginning January 13, 2005 and ending July 12, 2005. The purchase order number must be on the invoice sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement. 2. Category of Items: 1. Sodium Hypochlorite 10% Solution 36,483 Gal @ $0.7476/gal 3. DPC INDUSTRIES, INUS bid dated November 30, 2004, is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event DPC INDUSTRIES, INC. fails to perform in accordance with their bid submittal dated November 30, 2004. CITY OF LUBBOCK: Mayor APPROVED AS TO CONTENT: V�t� Victor Kilman Purchasing Mana er APPROVED AS TO FORM: dd> City Attorney cc: Charles Baldwin, Water Reclamation Vendor File ATTEST: Q-4becL!!�a—G�arza City Secretary e, Resolution No. 2005-R0016 January 13, 2005 Item No. 33 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing SUBMIT TO: CITY OF LUBBOCK CITY OF LUBBOCK TEXAS ft PURCHASING DEPARTMENT�! s 1625 13TH STREET, RM L04 LUBBOCK, TX 79401-3830 AN EQUAL INVITATION TO BID OPPORTUNITY CONTACT PERSON: Bruce MacNair EMPLOYER # 04-17 5 - BM TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.tubbock.tx.us TITLE: Water Treatment Chemicals for Water Reclamation SUBMITTAL DEADLINE: Plant -Six Month Pricing December 1, 2004 @ 2.00 P.M. CST PRE BID DATE, TIME AND LOCATION: November 16, 2004 @ 10:00 Any bids received after the time and date fisted above, regardless of AM, Water Reclamation Plant Conference Room, 3603 Guava the mode of delivery, shalt be returned unopened. Avenue, Lubbock, Texas RESPOND E T NAM : _ LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. (LING ADDRESS: p O a4tvvc /.SCE IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF JP` NO BID". CITY - STATE - ZIP: '� THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN 'SW eQ'T� 6 WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN TELEPHONE NO: THE BEST INTEREST OF THE CITY. 42 36 _33 IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK FAX NO: PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED E IL. IC BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Witt any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to at( causes of action it may n fter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) s i e (s) pu ased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at th enders a9rt"ient to the vendor. Authorized S ature Title M1� ex � .. l l -- 3o D -- Print/Type Name e THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#04-175-BM.doc ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing BID FORM Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing CITY OF LUBBOCK, TEXAS ITB # 04-175-BM In compliance with the Invitation to Bid # 04-175-BM, 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 # 04-175-BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE* Extended Delivery ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d. e. f = b x e ARO** 1. 59,000 LB Sludge Dewatering Polymer, as specified herein. $ $ 2. 36,483 GL Sodium Hypochlorite 10% Solution, as specified herein. $Q 717 $ `PRICE: F.O.B. City of Lubbock **Days After Receipt of Order (ARO) tltl 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 wilt 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. 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 V NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocat 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 govemmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity wilt order their own materials/service as needed. THIS BID IS SUBMITTED BY LJ /-G i I Aj e—, a corporation organized under the laws of the State of I jf S , or a partnership consisting of or an individual trading as Firm: Address: P. ty City: M/WBE Firm: By _4 Officer Name and Authorized Representative - must sign by hand Please Print of the City of Business Telephone Number 3267-A 36-6633 FAX: 3 zS- 02 3S- FSVS ITB#04-175-BM.doc ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over S25,000): 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. ITB#04-175-BM.doc 3 Resolution No. 2005-R001 b January .13, 2005 Item No. 33 Material Safety Data Sheet Provided by: PO Box 24600 DPC Industries, Inc. DX Distributors, Inc. Houston, Tx 772294600 DPC Enterprises DX Systems Company 2814574889 898-647-7717 DXI Industries, Inc. DX Terminals 1Vww,&q"„P=M SECTION I - CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product Name Synonyms BLEAM Chemical Name SODIUM HYPOCHLORITE 10% Emergency phone: 281-4S7-4888 Date of Issue: 1/8/2001 Chemtrec: 806424-9300 Revised Date: 10/4/2001 SECTION 2 - COMPOSITION/INFORMATION ON INGREDIENTS SODIUM HYPOCHLORITE 10 7681-52-9 SODIUM CHLORDE 7-8 7647-14-5 SODIUM HYDROXDE 0.5 - 2 1310-73-2 WATER REMAINDER 7732-18-5 SECTION 3 - HAZARDS IDENTIFICATION Potential Health Effects ACGIH - TLV: NOT ESTABLISHED. Eye Contact MAY CAUSE SEVERE PAIN. BLURRED VISION, TEARING AND SWELLING. CONCENTRATED SOLUTIONS MAY CAUSE BURNING. Skin Contact MAY CAUSE MODERATE SKIN IRRITATION. CONTACT WITH CONCENTRATED SOLUTIONS MAY BLEACH THE SKIN AND CAUSE REDNESS, PAIN, BLISTERING, ITCHY ECZEMA AND POSSIBLE CHEMICAL BURNS. Ingestion MAY CAUSE PAIN AND INFLAMMATION OF THE MOUTH, THROAT. ESOPHAGUS. AND STOMACH. CAN CAUSE EROSION OF MUCOUS MEMBRANES, ESPECIALLY IN THE STOMACH. Inhalation VAPORS MAY CAUSE SLIGHT TO SEVERE IRRITATION OF THE RESPIRATORY TRACT. HIGH CONCENTRATIONS MAY CAUSE SORE THROAT, BLISTERING, DELAYED PULMONARY EDEMA (SWELLING OF LUNG TISSUE) AND SHORTNESS OF BREATH. Carcinogenicity: NTP NO IARC NO OSHA NO SECTION 4 - FIRST AID PROCEDCURES Eye Contact: IMMEDIATELY FLUSH EYES WITH PLENTY OF WATER FOR AT LEAST 15 MINUTES WHILE HOLDING EYELIDS OPEN. GET MEDICAL ATTENTION. Skin Contact: IMMEDIATELY REMOVE CONTAMINATED CLOTHING OR SHOES, WIPE EXCESS FROM SKIN AND FLUSH WITH PLENTY OF WATER FOR AT LEAST 15 MINUTES. USE SOAP IF AVAILABLE OR FOLLOW BY WASHING WITH SOAP AND WATER DO NOT REUSE CLOTHING UNTIL THOROUGHLY CLEANED. GET MEDICAL ATTENTION Inhalation: REMOVE VICTIM TO FRESH AIR AND PROVIDE OXYGEN IF BREATHING IS DIFFICULT. GIVE ARTIFICIAL RESPIRATION IF NOT BREATHING. GET MEDICAL ATTENTION. Ingestion: DO NOT INDUCE VOMITING. RINSE MOUTH WITH WATER IF CONSCIOUS, GIVE LARGE QUANTITIES OF WATER OR MILK AND GET IMMEDIATE MEDICAL ATTENTION. NEVER GIVE ANYTHING BY MOUTH TO AN UNCONSCIOUS PERSONI DIXICHL.OR Page 1 of 3 SECTION S -FIRE FIGHTING MEASURES Flash Point NONFLAMMABLE Extinguishing Media USE MEDIA APPROPRIATe FOR SURROUNDING AREA. Special Firefighting WEAR SEL 4XWAINEQ BREATHING APPARATUS AND FULL PROTECTIVE Procedurew7recuadons GEAR, STAY UPWIND AND KEEP OUT OF LOW AREAS. SECTION 6 ACCIDENTAL RELEASE MEASURES For Spill: CLEANdJP PERSONNEL SHOULD USE PROTECTIVE EQUIPMENT TO PREVENT CONTACT. CONTAIN MATERIAL PLACE COLLECTED MATERIAL IN A DISPOSAL CONTAINER PREVENT LIQUID FROM ENTERING SEWERS OR WATERWAYS. 00 NOT USE COMBUSTIBLE ABSORBENTS. SECTION 7 - HANDLING AND STORAGE Keep container lightly dosed when not in use. Store in a cool, dry, well -ventilated area, away from heat and incompatible materials. Protect containers from physical damage. AVOID CONTACT WITH EYES AND SKIN AND INHALATION OF VAPORS, MISTS, AND FUMES. SECTION 8 - EXPOSURE CONTROLS/PERSONAL PROTECTION Respiratory Protection USE NIOSH APPROVED RESPIRATOR PROTECTION. FOR CANISTER TYPE RESPIRATORS, USE CHLORINE FLTERS. IN CASE OF FIRE, WEAR SELF-CONTAINED BREATHING APPARATUS. ventilation LOCAL AND MECHANICAL RECOMMENDED. Protective Gloves CHEMICAL IMPERVIOUS GLOVES. EyelFace Protection CHEMICAL SAFETY GOGGLES AND/OR FULL -FACE SHIELD. Other Protection CHEMICAL RESISTANT CLOTHING SUCH AS COVERALL&APRON. BOOTS, ETC. Work Practices USE GOOD PERSONAL HYGIENE PRACTICES. WASH HANDS BEFORE EATING, DRINKING. SMOKING. OR USING TOILET FACILITIES. PROMPTLY REMOVE SOILED CLOTHING AND WASH THOROUGHLY BEFORE REUSE. SHOWER AFTER WORK USING PLENTY OF SOAP AND WATER SECTION 4 - PHYSICAL AND CIIE.,VICAL PROPERTIES Boiling Point (7): DECOMPOSES Freezing Point ff): 7 -10 Solubility (1120): COMPLETE pH 12 - 13 Vapor Pressure (mmH,&): Vapor Density (Air-1): Specific Gravity (H2O=1): Evaporation Rate: Appearance10dor: CLEAR, PALE YELLOW OR GREENISH UQUID WITH A CHLORINE ODOR. 17.5(@20C) NOT ESTABLISHED. 1.20-1.40 NOT ESTABLISHED. SECTION 10 - ST.4BILITYAND REACTIVITY Chemical Stability: YES Incompatible Materials ANY ACIDIC MATERIAL. AMMONIA, UREA, OXIDIZABLE MATERIALS AND METALS, SUCH AS NICKEL. COPPER TIN. ALUMINUM AND IRON. Decomposition Products CHLORINE GAS RATE OF DECOMPOSITION INCREASES WITH THE CONCENTRATION WTrH TEMPERATURES ABOVE 85 DEGREES F. Hazardous Polymerization: WILL NOT OCCUR DIXK> LOR Page 2 of 3 r 4 SECTION 11- TOXICITY INFORMATION R Oral = em mglhg (Rat)DermAl LD50 = N.E1kdu* bn LC50- > 10.5 mgA (Rat) I SECTION 12 - ECOLOGICAL INFORMATION I DAPHNIA MAGNA 24 Hi. LC50 = > SW MGf ISM FISH STATIC 24 Ht LC50 = z- 500 MCwt SECTION 13 - DISPOSAL CONSIDERATIONS DISPOSE OF WASTE MATERIALS ACCORDING TO ALL FEDERAL, STATE AND LOCAL REGULATIONS. SECTION 14 - TRANSPORT INFORMATION USA DOT Shipping 1Vame: HYPOCHLORITE SOLUTION Hazard Class: 8 UNINA Number: UN1791 Packing Group: Subsidiary Hazard Marine Pollutant: NO SECTION 15 - REGULATORY INFORMATION CER CIA RQ (lbs): 100 SARA Title III Section 31 Z: ® Acute ❑ Chronic ❑ Flammable SARA Title III Section 313: No SARA Extremely Hazardous Substance: No Health: ❑ Sudden Release of Pressure ❑ Reactive HMIS HAZARD RATING Fire: 0 - Least 1 - Slight 2 - Moderate Reactivity: 1 - High 4 - Extren SECTION 16 - OTHER INFORMATION EPA Pesticide Registration Number: 813-16 NSF Maximum Use Level for Potable Water (Standard 60): 105 mgfl TSCA (Toxic Substance Control Act), 40 CFR 710: Sources of the raw materials used in this mixture assure that all chemical ingredients present are in compliance with Section 8(b) Chemical Substance Inventory, or are otherwise in compliance with TSCA. DISCLAIMER THE DATA PRESENTED IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF; HOWEVER, NEITHER SELLER NOR PREPARER MAKES ANY WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE INFORMATION PRESENTED. THE USER IS CAUTIONED TO PERFOM HIS OWN HAZARD EVALUATION AND TO RELY UPON HIS OWN DETERMINATIONS. Page 3 of 3 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing Manager City of Lubbock 1625 130 Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: Local Address (must be within the City limits): 1. Is the above address the principal place of business for the business named above? 2. How many residents of the City of Lubbock are employed at the above business location?. 3. Year your business was established in the City of Lubbock: 4. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: Company Name and Address (as it appears on permit): 5. Does your business have more than one office in the State of Texas? Yes No If Yes, identify the office location considered as the point -of sale for the purpose of sales tax calculation: 6. Was the local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year. Authorized Signature: Printed Name and Title: Date: ITB#04-175-13M.doc 17 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing 26 Indemnification: Setter shalt indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, toss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shalt be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any,, and the Setter shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shalt be rendered against the City in any such action, the Setter shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Setter, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 27 Nonappropriation: 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 nonappropriation 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 thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shalt not be obligated under this contract beyond the date of termination. 28 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Setter to meet the time specifications of the contract will cause Setter to be in default of the contract. 29 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shalt be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. ITB#04-175-BM.doc 15 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing 7 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must handle all claims with carriers, and in case of damaged goods, shalt ship replacement goods immediately upon notification by the City. No Warranty By The City Against infrineements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Setter is sued on the grounds of infringement or the like. If Setter is of the opinion that an infringement or the like will result, he wilt notify the City to this effect in writing within two weeks after the signing of the contract. if the City does not receive notice and is subsequently held liable for the infringement or the like, Setter will save The City harmless. If Setter in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or.the like, the contract shall be null and void. 9 Material Safety Data Sheets: Setter shall provide Material Safety Data Sheets (MSDS) for all chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 Shipment Under Reservation Prohibited: Setter is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 11 Title £t Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery as provided herein. 12 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all provisions of the contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach of the contract and Setter shalt not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Setter may reasonably notify the City of his intention to cure and may then make a conforming tender within the Contract time but not afterward. 13 Gratuities: The City may, by written notice to the Setter, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Setter, or any agent or representative of the Setter, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shalt be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 14 Special Tools 8 Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Setter for the purpose of filing this order, such special tooting or equipment and any process sheets related thereto shalt become the property of the City and to the extent feasible shalt be identified by the Setter as such. 15 Warranty -Price: a. The price to be paid by the City shalt be that contained in Seller's bid which Setter warrants to be no higher than Setter's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. in the event Seller breaches this warranty, the prices of the items shall be reduced to the Setter's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Setter for breach or Setter's actual expenses. b. The Setter warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Setter for the purpose of securing m3#04-175-BM.a« 13 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 BIDDING ITEMS WITH RECYCLED CONTENT 21.1 in addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate bids containing items with recycled content. 21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. 22 CONTRACT TERM AND PRICING 22.1 The purpose of this invitation to bid is to set for a period of six -months, firm pricing for the item(s) and/or service(s) described herein, with an option to renew semi-annually for up to three additional six-month terms upon mutual written agreement of both parties and under the same terms, conditions and pricing as the initial six-month period. 22.2 All stated quantities are approximations of usage or consumption during the time period to be covered by pricing established by this bid. Actual usage or consumption may be more or less. Order quantities and time will be determined by actual need. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. ITB#04-175-BM.doc 11 iTB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THiS INVITATION TO BID. 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shalt not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing wilt be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City wilt, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The tow bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a tow bid that best meets specifications wilt not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within IT13#04-175-11M.doc 9 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay anv costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from pubtic inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you wilt be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 9 LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the, bidder is or may be required to pay. 10 HISTORICALLY VNDERUTiLiZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value IT8#04-175-8M.doc ITB f104-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty- eight (48) hours in advance of the conference. 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any laneuaee, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Bruce MacNair, Senior Buyer City of Lubbock 1625 130 Street Lubbock, Texas 79401 Fax: (806) 775-2164 RFPDepot: htti3://www.RFPdepot.com 4 ADDENDA 8: MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department wilt be available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. IT11#04-175-6M.doc ITB #04-17"M, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn/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. ITB#04.175-BM.doc ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing SUBMIT TO: Y T CITY OF LUBBOCK CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENT 1625 13TH STREET, RM L04 LUBBOCK, TX 79401-3830 AN EQUAL INVITATION TO BID OPPORTUNITY CONTACT PERSON: Bruce MacNair EMPLOYER tt 04-17 5 - BM TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.tubbock.tx.us TITLE: Water Treatment Chemicals for Water Reclamation SUBMITTAL DEADLINE: Plant -Six Month Pricing December 1, 2004 @ 2:00 P.M. CST PRE BID DATE, TIME AND LOCATION: November 16, 2004 @ 10:00 Any bids received after the time and date listed above, regardless of the AM, Water Reclamation Plant Conference Room, 3603 Guava mode of delivery, shall be returned unopened. Avenue, Lubbock, Texas RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST TELEPHONE NO: INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK FAX NO: PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS rM TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED E-MAIL: BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock at( right, title; and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor. Authorized Signature Title Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#04-175-BM.doc ITB #04175-BM, Water Treatment Chemicals for Water Redamation Plant -Six Month PdcN Resolution No. 2005-ROO16 SPECIFICATIONS FOR January 13, 2005 SLUDGE DEWATERING POLYMERS Item No. 33 1.0 SCOPE 1.1 It is the intent of these specifications to describe polymers to be used for dewatering/thickening of sludge at the City's Wastewater Treatment Plant. Only chemicals known as organic polymer which are synthetic, high molecular, water soluble polyelectrotytes, manufactured specifically as flocculents for sludge conditioning will be accepted. 2.0 PRODUCT SPECIFICATION 2.1 Polymer shall be dry 100% only and readily and completely soluble in water. The polymer material shalt have a shelf life of at least twelve months. The polymer material in both concentrated and dilute forms shalt not require special handling nor shall they pose hazards to employees working with them. The material shall not cause a corrosion problem to the City's equipment. The bidder shalt be responsible for any equipment necessary to make their polymers compatible with the City's existing storage and handling facilities. In the case of emulsion type polymers, the successful bidder shall provide agitation equipment necessary to maintain homogeneity of the stored, concentrated polymer. 3.0 PRODUCT PERFORMANCE 3.1 The product being bid must meet a performance range of 18% - 20% cake solid with a 95% - 98% capture rate. 4.0 HAZARDOUS MATERIAL 4.1 Bidders must submit a product label, material safety data sheet, and EPA registry number with bid. If awarded, this information will be required on any subsequent deliveries. The City of Lubbock Southeast Water Reclamation Plant laboratory may sample and test the polymer to determine the concentration of active ingredients. Bidders shall provide written instructions with the sample for the laboratory procedures_ required to perform the test for the determination of active solids ingredients. If there is a change in the chemical content or a different product is being supplied the award of the bid is void. 5.0 PRODUCT EVALUATION AND TEST PROCEDURE 5.1 Feed sludge samples shall be taken between the hours of 8:30 a.m. until 2:00 a.m. on November 16, 2004. if bidders prefer, the staff at the Water Reclamation Plant will, upon receipt of written request (including FedEx account number and location to be shipped), draw and ship samples for qualified bidders (see Bidder Qualification). Samples must be analyzed by an independent lab for certification. The product submitted for bid must meet a minimum performance range of 18% - 20% cake solids with a 95% - 98% capture rate. 6.0 QUANTITIES 6.1 The semi-annual usage is approximately 59,000 pounds, more or less. Bid prices shall include all freight and special equipment required by other parts of this specification. ITBM-175-SM.doc 18 ITB #04-175-BM, Water Treatment Chemicals for Water Reclamation Plant -Six Month Pricing Resolution No. 2005-R0016 SPECIFICATIONS FOR January 13, 2005 SODIUM HYPOCHLORITE 10% SOLUTION Item No. 33 1.0 SCOPE 1.1 Sodium Hypochlorite is a clear, pale yellow or greenish liquid with a chlorine odor. It is supplied commercially in drums, totes, or bulk quantities. 2.0 PHYSICAL PROPERTIES 2.1 Specific Gravity, @ 20 °C 1.16 2.2 Freezing Pont, OF 7.0 2.3 Vapor Pressure (mm Hg), @ 20 °C 17.5 2.4 Solubility in H2O Complete 3.0 TYPICAL ANALSIS 3.1 Sodium Hypochlorite, wt. % 10.0 3.2 Excess NaOH, wt. % 0.5 4.0 QUANTITIES 4.1 Anticipated annual consumption of sodium hypochlorite will be 36,483 gallons, more or less. Typical quantities ordered are approximately 4,800 gallons per order. 5.0 DELIVERY 5.1 Sodium hypochlorite is to be delivered to the City of Lubbock Southeast Water Reclamation Plant in bulk quantities, Monday through Friday, from 8:00 A.M. to 3:00 P.M. ITB#04.175-BM.doc 20