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HomeMy WebLinkAboutResolution - 2012-R0196 - Contract - Altivia Corporation - Water Treatment And Maintenance Chemicals - 05_30_2012Resolution No. 2012—RO196 May 30, 2012 Item No. 5.8 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 lexecute for and on behalf of the City of Lubbock, Contract No. 10638-2 for water "treatment and maintenance chemicals for South Water Treatment Plant, by and between the City of Lubbock and Altivia Corporation of Houston, 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 May 30, 201Z G L Ej CWWTS,AYOR ATTEST: Reblccca Garza, City Sec n APPROVED AS TO CONTENT: An Y� ; .1 d Marsha Reed, P.E., Chief Operating'Officer APPROVE AS TO FORM: Chad Weaver, Assistant City Attorney ccdocs/RES.Contract-Altivia Corp vIay 17, 2012 Resolution No. 2012-RO196 CONTRACT NO. 10638-2 CITY OF LUBBOCK, TX CONTRACT FOR SOUTH WATER TREATMENT PLANT CHEMICALS — ANNUAL PRICING THIS CONTRACT made and entered into this Mtn' day of May, 2012, by and between the City of Lubbock ("City"), and Altivia Corporation ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for South Water Treatment Plant Chemicals — Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said South Water Treatment Plant Chemicals — 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 general conditions and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, South Water Treatment Plant Chemicals — Annual Pricing, and more specifically referred to as Item 4 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form, General Conditions, and Specifications attached hereto. The Contract shall be for a term of one (1) year, with the option of two (2), one (1) year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of 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. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in frill 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: TYPE AMOUNT General Liability Commercial General Liability $200.000 General Aggregate Automotive Liability Combined Single Litnit $100,000 Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as primary additional insured on a primary and Non -Contributory basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. 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 rnail such notice shall impose no obligation or liability of any kind 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. The contractor shall also maintain workers compensation insurance in the statutory amount. 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 etTect, 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. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights. duties or interests accruing from this Contract without the written consent of the other. The City reserves the right to exercise any right or remedy available to it by law. contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief' in a court of competent _jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive. and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City. Contractor shall refund the City the full amount of' such overpayments within thirty (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. 11. This Contract consists of the following documents set forth herein, Invitation to Bid No. 12-10638-CI, General Conditions, Specifications, and the laid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOC Glen R`6 ert-ph, M ATTEST: Reh -ca Garza, City Secret y APPROVED AS TO CONTENT- lykt-,,� a., �;j Marsha Reed, P.E., Chief Operating. Officer APP V AS O FORM: Assistant City Attorney CONTRACTOR BY CMQ(J 7D LLLt/�-, Authorized Representative Gayle Tullier Print Name 1100 Louisiana, Ste. 4800 Address Houston, Texas 77002 City, State, Zip Code II. GENERAL CONDITIONS Resolution No. 2012—RO196 **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. I t uantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the +pecifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CiTY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Director, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Director informed at all times of the status of the order. 5 Damage Assessment: Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Director to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 6 Late Delivery Fee: The City will also have the option to charge the vendor a fee of S50.00 per vehicle per day for late delivery. Late fee applies when vendor has not requested and received prior written permission and approval from the ordering entity to make delivery after the number of days established by the contract or the purchase. 7 Packan!{: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g., box f of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M., Monday through Friday, except on City holidays, at the designated location. 9 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, shall ship replacement goods immediately upon notification by the City. 10 No Warranty By The City Against Infringements: ments: 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 Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will 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, Seller will save The City harmless. If Seller 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. I l Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) 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.) 12 Shioment Under Reservation Prohibited: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 13 Title & 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. 14 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 Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify the City of his intention to cure and may then make a conforming tender within the Contract time but not afterward. 15 Gratuities: The City may, by written notice to the Seller, 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 Seller, or any agent or representative of the Seller, 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 shall 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. 16 Special Tools & 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 Seller for the purpose of filing this order, such special tooling or equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 17 Non -Arbitration: The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 18 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller'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 Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller 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 Seiler for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 19 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by the City will be at the Seller's expense 20 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 21 Vendor retrieval of Vehicles: Vendor shall remove noncompliant vehicles (s) form City premises within five working days after receiving written notification from the ordering entity. If vehicle is not removed by vendor within the five working days time frame, the city may arrange for vehicles to be removed and secured by a local towing and storage facility. Vendor will be responsible for payment of all related towing and storage charges. The City will not be responsible for payment of all related towing and storage charges. The City will not be responsible for liable for damage or loss of noncompliant vechiles with remain on City premises, or which are removed by towing company, five working days after vendor is notification. 22 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 23 Termination: the City may terminate the contract or purchase order in whole, or in part. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of 'termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 24 Force Maieure: Neither party ,.hall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, tire, or flood. 25 Assign merit- Del eualion: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 26 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 27 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 28 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 29 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 30 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, 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 there from, whether or not it shall 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 Seiler shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller 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 Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 31 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 shall not be obligated under this contract beyond the date of termination. 32 Time: it is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 33 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 shall 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. 34 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide ser%ices and materials to the City are required to uphold an equally high standard. Co that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: + minimize waste and pollution generation; + conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; + use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 31 The City Right to Audit At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract, In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (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. Resolution No. 2012—Ro196 SPECIFICATIONS FOR SOUTH WATER TREA,ti1ENT PLANT SPECIFICATION FOR TREATMENT CHEMICALS INTENT It is the intent of these specifications to describe various chemicals and anticipated quantities of chemical products to be used in the water treatment process at the City of Lubbock South Water Treatment Plant. PRODUCT SPECIFICATION Treatment Chemicals purchased for use at the City of Lubbock South Water Treatment Plant shall contain no soluble inorganic or organic substances capable of producing deleterious or injurious effects upon the health of those consuming the water, or that would otherwise render it unfit for public consumption. All treatment chemicals must have NSF/ANSI Certification for use in potable water treatment plants. Bidder shall submit a certificate of analysis which will include the specific gravity and pH. The material safety data sheets (MSDS) for the product and NSF/ANSI certification shall also be submitted with the bid. In any event, all products used must have NSF/ANSI certification for use in drinking water treatment plants, any product bid that does not contain NSF/ANSI Certification will be determined unusable and not be considered. PRODUCT PERFORMANCE Bidders must submit a list with a minimum of three (3) potable water treatment plants with phone numbers and contact persons that are currently using the product(s). References will be thoroughly checked and will figure prominently into the selection of a successful bidder. PRODUCT QUALITY PER LOAD Upon delivery of each load of product, the transport driver must present a certificate of analysis containing specific gravity and pH. Plant operations staff will also perform specific gravity and pH analyses on the product in the presence of the transport driver. A delivered product that exhibits any unusual color or appearance compared to previous acceptable deliveries will be refused, as will deliveries containing any form of foreign material. If the product meets the required minimum standards, the product may then be off loaded. If desired, the vendor may provide their own hydrometer and perform an additional specific gravity analysis in the presence of the plant operations staff. In the event the product does not meet the required minimum standards, the load will be refused and the vendor must provide another acceptable load within forty eight (48) hours. No additional freight or shipping charges shall be assessed by vendor. TECHNICAL SUPPORT Vendor shall provide acceptable technical support and response time whenever problems are encountered relating to product use and/or performance. A telephone response time of one (l ) business day is required of vendor in cases of product performance problems. A site visit by the vendor may be requested by the owner if owner feels it is necessary to solve any significant problem related to product performance. If a non -routine site visit is requested, the vendor will have five (5) business days to respond and arrive on -site. QUANTITIES AND PRICING The anticipated annual consumption of required treatment chemicals are listed below. Prices quoted for product shall be FOB Destination, City of Lubbock South Water Treatment Plant, 5114 East FM 1585 Lubbock, Texas 79404. Pricing shall be firm for a period three (3) years with price being evaluated and adjusted annually. Written consent from both parties is required for all price adjustments. Listed quantities are estimates only for pricing purposes. Actual usage may vary. DELIVERY / SECURITY Successful vendor shall be required to deliver the product(s) to the City of Lubbock South Water Treatment Plant within five (5) days after order is placed. Unloading to plant storage tanks is to be performed by the driver under the direction of operations personnel. Successful vendor shall provide any and all special equipment necessary to perform unloading at no cost to the City of Lubbock. All deliveries will be unloaded between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday. No exceptions will be made unless prior approval is agreed upon with the water treatment plant's operations personnel. The transporter is required to furnish certified, dated, and stamped weight tickets with each load of bulk product delivered before and after unloading. All delivery people will display photo security ID upon arrival at the site. All delivery vehicles shall meet OSHA and DOT regulations and be operated in a safe manner while on site. All delivery personnel will be identified by the vendor before arrival at the site; preferably at the time an order is placed. Upon arrival at the City of Lubbock South Water Treatment Plant, delivery personnel will check in with plant representative, present photo identification, and then be directed to the unloading site. All shipments shall be sealed and the seal will be broken only in the presence of the plant representative. If any of the security measures are violated, the shipment will be refused. INDIVIDUAL CHEMICAL SPECIFICATIONS All chemicals listed must be NSF Approved for use in drinking water, and proof of NSF Certification must be provided. 78.0% Sulfuric Acid Annual usage of 78% Sulfuric Acid is estimated to be 25,550 +/- gallons. Product will be off loaded into one 5,000 gallon bulk storage tank. Product must be NSF/ANSI Certified for use in public water treatment. Specific gravity of 78.0% Sulfuric Acid shall be 1.71 at 16 C (61 F) with a pH of 1.0 at 1.0 wt/wt%. 12.5% Sodium Hypochlorite Annual usage of 12.5% Sodium Hypochlorite is estimated to be 131,400 +/- gallons. Product will be off loaded into 2 (two) 6000 gallon bulk storage tanks. Delivered 12.5% Sodium Hypochlorite must adhere to American Water Works Association specification B300-10 or latest revision thereof. Specific gravity of 12.5% Sodium Hypochlorite shall be 1.2 g/ml or 10 lb/gallon at 20 C (68 F) with a 1.0% solution pH of 11.2-11.4. Liquid Ammonium Sulfate 10% w/w Annual usage of Liquid Ammonium Sulfate (LAS) is estimated to be 27,375 +/- gallons. Product will be offloaded into 2 (two) 3000 gallons bulk storage tanks. Specific gravity of Liquid Ammonium Sulfate at 21 C (71 F) shall be 1.216-1.228. Neat pH shall be 3.0-5.0 with a density of 10.15-10.25 lbs/gal. (NH4)2SO4 percentage shall be 38-40% with equivalent NH3 of9.8- 10.3%. 50.0% Citric Acid Annual usage of 50.0% Citric Acid is estimated to be 24,500 +/- lbs/year. Delivery of 50.0% Citric Acid will be received in totes and offloaded at the chemical receiving station located at the City of Lubbock South Water Treatment Plant. Product must be NSF/ANSI Certified for use in public water treatment. Specific gravity of 50% Citric Acid shall be 1.24 with a pH of 0.6. 38.0% Sodium Bisulfite Annual usage of 38.0% Sodium Bisulfite is estimated to be 2,056 +/- lbs/year. Delivery of 38.0% Sodium Bisulfite will be received in totes and offloaded at the chemical receiving station located at the City of Lubbock South Water Treatment Plant. Product must be NSF/ANSI Certified for use in public water treatment. Specific gravity of 38% Sodium Bisulfite shall be 1.33 with a ph of 3.8-5.2. 50.0% Sodium Hydroxide Annual usage of 50.0% Sodium Hydroxide is estimated to be 26,400 +/- lbs/year. Delivery of 50.0% Sodium Hydroxide will be received in totes and offloaded at the chemical receiving station located at the City of Lubbock South Water Treatment Plant. Delivered 50.0% Sodium Hydroxide must adhere to American Water Works Association specification B501-08 or latest revision thereof. Specific gravity of 50% Sodium Hydroxide shall be 1.53 at 15.5 C (60 F) with a as is pH of 13.7. Resolution No. 2012—RO196 I I B 12-1063841. Water I rcatmcnt and Maintenance Chemicals tier I Al l 1`reatment Plant BID FORM Water Treatment and tiiaintenance Chemicals for LAH Treatment Plant City of Lubbock, Texas ITB No. 12-10638-CI in compliance with the Invitation to Bid 12-10638-C1, the undersigned Bidder haling examined the Imitation to Bid and Specifications. and being familiar ttith the conditions to he met, hereby submits the lulloyving [lid for ILrnishing the material. equipment, labor and ever)thing necessary for providing the items listed below and agrees to detiver said items at the locations and for the prices set lorth on this form. A hid will be subject to being considered irregular and may he rejected if it shoves omissions. alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of nr helot. reasonably expected values), nr irregularities of any kind, 1-he Invitation to [aid 12-10638-CI is by rctcrcacc incorporated in this contract. I'hc Bid Form must he completed in blue or black ink or by typewriter. l NI i' OF UNrr PRiCE* UX FNDED Delivery I I"1:111 l Y AEASURE DESCRIPTION 1311) COS"f Days { +-!-) ARO** l . 25.550 Gallons 78.0% Sulfuric Acid S NO BID $ NO BID NIA 2. 131.400 Gallons 12.5% Sodium tlypochlorite $ NO BID $ NO BID N/A 3. 27,375 Gallons Liquid Ammonium Sulfate $ $ 10% W/w 1.0557/Gal 28,899.79 2-3 4. 24,500 Pounds 50.0%Citric Acid $ 0.91/lb $ 22,295.00 2-3 " Minimum Delivery of 2 Totes 5. 2,056 Pounds 38.0%Sodium Bisultite $ 0.5511b S 1,130.80 2-3 6. 26,400 Pounds 50.0%Sodium I Iydroxldc $ NO BID $ NO BID NIA Total Cost (items I-6) 3 52,325.59 *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days Auer Receipt of"Order (ARO) Unless otherwise specified herein, the City may award the bid on an all -or -none basis. The City of Lubbock is seeking a contract for Water Treatment and Maintenance Chemicals for LAH Treatment Plant with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder otters a prompt payment discount of 0 %, net 30calendar days. Discounts will not he considered in determining low hid, unless otherwise indicated on the Bid form, payment terms will be NFT J IIIR"iY DAYS, 'fhe City will pay the successful bidder vdthin thirty days after the receipt of a correct invoice or after the date of acceptance. v.hichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days Will he 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. 1IOS r FAVOURED PRICING: fhe Bidder certifies that the price quoted is not in excess of the loy%est price charged anyone else, including its most favoured customer, tur like quality and quantity of"the products/scryices: dues not include an element of pro it on the sale in excess of that normally obtained by the Bidder on the sale of prod ucts,'sery ices 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 uf'similar contract products of like or hotter quality, at a louver net price(s) than provided herein, supplier agrees to notify the City and sell same productis) at the lower price(s) on all deliveries made during the period in %.hick such lover price(s) is effective. I 111 12-1003 {-0. �%ater I reatment and %lainicnance Chemicals tOr I .\1I I I-Caurtcrll plant IN I I.RI OCAL tit '1411ASIN6 loptional): 1-he C'it) desires to make atiaitahlC to other local governmental entities tit' the State of re.ras, by mutual agreement with the successful bidder, and properly authorized interlocal purt.hasing agreements AS pro%ided lbr by the interlocal Cooperation Act (Chapter 791. Co, ernment Code), the right to purchase the same sern ices, at the prices quoted. liar the period of this contract. Fach bidder shall indicate on the Bid Form in the space provided helow if' he.she %%ill honor Political Subdi%kion orders in addition to orders from the City of Lubbock. Should these other u(nernmentai entities decide to participate in this contract. would you ithe 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 or Governments, City or Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YFS N, 0 X • if you (the bidder) checked YES. the following will apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing %%ith the City of Luhhock %till he 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 he responsible tier another governmental entity's debts. Each governmental entity will order their own material slscrvice as needed. I I B 12-111618-Cl. Water I reatment and Maintenance Chemicals tier I .ail 1'realinenl Plant I lIs BII) IS SI inNII f11:1) it ALTI VIA Corporation a corporation organised under the laws of the State of Texas __ or a partnership consisting of of the City of Firm: ALTIVIA Corporation or indk ideal trading as Address: 1100 Louisiana, Ste 4800 City: Houston State: Texas Lip 77002 Bidder acknotsledges receipt ofthe tblloxving addenda: Addenda No. NONE Date Addenda No. Dale Addenda No. Date Addenda No_ Dale %I/W BE Firm: Woman Black American Native American X Hispanic American Asian Pacitic Americj I Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ, Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a hid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: I . Name and Manufacture's License No. 2. Name vcrter's License No. NOT APPLICABLE 3. Name and Represen o. 4. Name and Franchise Dealers License o. General Distinguishing No. (Franchised TX dealer) ny_ L-Ew(Q LU tk " Date: May 8, 2012 1 whori_ed Representative - nurst sign by hand Officer Name and Title: Gayle Tullier -Senior Contract Administrator Pleu.se Print Business Telephone Number (713) 658-9000 FAX: (713) 658-0102 E-mail Address: gtolle#sen@altivia.com FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of A%%ard by City Council (for buds over S 25, DOA); Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORA ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME. AND ADDRESS.