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HomeMy WebLinkAboutResolution - 2014-R0102 - Contract - Summit Chemical Specialty Products - Coagulant - 03_27_2014Resolution No. 2014-RO102 March 27, 2014 Item No. 5.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11707 for coagulant for the South Water Treatment Plant, by and between the City of Lubbock and Summit Chemical Specialty Products, of Flemington, New Jersey, 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 March 27, 2014 ERTSON, MAYOR ATTEST: Rebec Garza, City 9ecre ary APPROVED AS TO CONTENT: �' a -_ R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Kxe�411c-- C ad Weaver, Assistant City Attorney vwxcdocs;RES.Contract-Summit Chemical February 27, 2014 Resolution No. 2014-R0102 Contract 11707 City of Lubbock, TX Coagulant for South Water Treatment Plant Service Agreement This Service Agreement (this "Agreement") is entered into as of the 27th day of March, 2014, ("Effective Date") by and between Summit Chemical Specialty Products, (the Consultant),and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 14-11707-TS, Coagulant for South Water Treatment Plant. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Coagulant for South Water Treatment Plant, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal Price Sheet 4. Exhibit C — Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Consultant shall comply with all the applicable requirements set forth in Exhibit B and C attached hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Contractor on 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 Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 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. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITE' OF LUBBOCK, Glen A ST: T: Rebec a Garza, City Secreta TC- k� APPROVED AS T TE T: Bruce Blalack, Water Superintendent APPRO D A TO FORM: Chad Weaver, Assistant City Attorney Contractor. Contractor's Signature 1�CJqVS,dZ [Tinted Name REVISED II. GENERAL REQUIREMENTS 1 INTENT EXHIBIT A a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals, (hereinafter called "Proposer") to provide coagulant for south water treatment plant. b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. c) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 SCOPE OF WORK It is the intent of these specifications to describe products to be used as a coagulant at the City of Lubbock South Water Treatment Plant. 2.1 PRODUCT SPECIFICATION The City of Lubbock owns and operates a membrane filtration plant, only Polyaluminum Chloride (PACL) or Aluminum Chlorohydrate (ACH) will be considered. No product containing polymer will be considered due to membrane fouling. The coagulant purchased for use at the City of Lubbock South Water Treatment Plant shall strictly adhere to AWWA Standard B408-10 for Liquid Polyaluminum Chloride and AWWA Standard B403-09 for Liquid Aluminum Sulfate or latest revisions thereof. The coagulant blend must have NSF/ANSI Certification for use in potable water treatment plants. Proposer shall submit a certificate of analysis which will include the specific gravity and pH. The material safety data sheets (MSDS) for the product shall also be submitted with the proposal. If the successful proposer is not the manufacturer of the coagulant proposal, proposer must provide a copy of a legal contract between the proposer and the coagulant manufacturer that will be used to produce the blend. In any event, all products used must have NSF/ANSI certification for use in drinking water treatment plants. The same coagulant manufacturer must be used throughout the term of the contract. Throughout the term of the contract, the successful proposer may not change the formulation of the coagulant in any way without the express written consent of the Water Operations Manager. No exceptions, an unauthorized change in the formulation of the product will result in contract termination. 2.2 PRODUCT PERFORMANCE If product being proposed has not been previously tested for performance at the City of Lubbock South Water Treatment Plant, the proposer may be required by the City to visit the site and perform testing using standard jar testing methods. The test results must include settled water and final water turbidities, pH and temperature. A sample of the product being tested will be left at the facility for additional jar testing by Operations personnel. At the Cities' discretion full plant testing will be required based on results of previous tests; the City will pay for a full delivery (approximately 48,000 lbs.) at the price submitted in the proposal document to conduct full plant testing. Water Treatment Operations personnel will evaluate product performance based on settled water quality, pH, filter effluent turbidities, and cost effectiveness. Proposers must submit a list with a minimum of three Q Purchase0d Docskchase\Bid Docs\RFP 14-117G7-TS 12 potable water treatment plants with phone numbers and contact persons that are currently using the product. References will be thoroughly checked and will figure prominently into the selection of a successful proposer. 2.3 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 into the storage tanks. 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. 2.4 TECHNICAL SUPPORT Vendor shall provide acceptable technical support and response time whenever problems are encountered relating to product use and/or performance. Acceptable technical support will include routine site visits at least every three months to perform jar testing and consulting with operations staff on any questions or problems with the product. A telephone response time of one 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 business days to respond and arrive on -site. If at any time during the duration of the contract a significant change in the source water is experienced vendor will have five business days to respond and arrive on -site to test and evaluate current process and recommend changes in the product if needed. All technical support will be at no cost to the owner. 2.5 ACCEPTANCE Product performance will be required to meet optimum quality results for settled and effluent water. The evaluation of proposals will include a set of water quality parameters that must be met through the above outlined testing procedures. The proposal will be awarded based on water quality and overall visual plant performance, cost effectiveness, and reference checks. 2.6 QUANTITIES AND PRICING The anticipated annual consumption coagulant use is 163 tons more or less. Prices quoted for product shall be FOB City of Lubbock South Water Plant, 5114 East FM 1585, Lubbock, Texas. Pricing shall be firm for a period of three years with price being evaluated and adjusted annually from the start of the contract. Written consent from both parties is required for all price adjustments. Listed quantities are estimates only for pricing purposes. Actual usage may vary. Q Purchase\Bid Docs\rchese\Bid Docs\PYP 14-11707-TS 13 2.7 DELIVERY / SECURITY Successful vendor shall be required to deliver the product to the City of Lubbock South Water Treatment Plant in bulk tank truck within five 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 8:00 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 product, 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 shipments shall be sealed and the seal will be broken only in the presence of the plant representative. 2.8 SUPPLEMENTAL ADDITIVE SPECIFICATION The buyer requests the option of having copper sulfate, containing at least 99% CuSO4.5H2O, added to the coagulant. The copper sulfate must have NSF Certification for use in potable water treatment plants. The copper sulfate would be added per load at the buyer's request to control algae growth. Algae growth occurs when the water reaches a temperature of 72°F. The yearly average of this temperature is between the middle of April to the end of September. The amount of additive will be based on the coagulant feed rate at the time the load was ordered and would be determined by the operations staff, a 1.0% copper sulfate additive is to be expected. 3 EVALUATION CRITERIA The following criteria will be used to evaluate and rank submittals: a) Product Performance. (50%) b) Record of performance based on previous work with the City and/or other client references. (20%) c) Substantial successful experience in completing similar projects. (10%) d) Technical Support. (10%) e) Cost. (10%) 4 PROPOSAL FORMAT a) Proposals should provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. b) The proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. Q Purchese\Bid Dxslrchese\Bid DocsWP 14-11707-TS 14 c) If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal. d) The proposal must be organized into the following response item sections and submitted in an indexed binder. i) Cover letter addressed to the Honorable Mayor and City Council that states the Proposer's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. ii) Offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal. It is also the desire of the City that the City of Lubbock program serve, as much as practicable, to stimulate growth in all sectors of the local business community. Describe how your firm would facilitate this process, and provide any relevant information about similar efforts on previous projects. iii) Any material which the proponent wishes to submit and which is not specifically requested in the above categories. Q Purchase\Bid Docs4chase\Bid Docs\UP 14-11707-TS 15 EXHIBIT B City of Lubbock, TX Purchasing & Contract Management RFP 14-1 1707-TS Coagulant for South Water Treatment Plant Proposal Price Sheet Proposer's Name: S UMM l T U l�mw KL- 163 Tons of Coagulant (More or Less): $ S3 . 00 (per ton) Actual usage may vary. Prepared by �t% ` Mt teL Rvs yz- Title: Acre max. —Ur a? — Date: t ( Z' 1 l 4— Q (1uch..s Bid noes��f Esc Bld DacxRF7P 14-11707-TS 16 EXHIBIT C City of Lubbock, TX Coagulant for South Water Treatment Plant RFP 14-11707-TS III. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City basal upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Worker's Compensation Statutory OR Employers Liability $500,000 2. Commercial General (public) Liability insurance including coverage for the following: a. General Aggregate b. Products-Comp/Op AGG c. Personal & Adv. Injury d. Contractual Liability Combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent. 3. Comprehensive Automobile Combined single limit for Liability insurance, including bodily injury and property Coverage for loading and unloading of $500,000 per occurrence hazards, for: or its equivalent. a. Any Auto The City of Lubbock shall be named as additional insured on auto/general liability on a primary and non-contributory basis with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the Q Purchase\Bid Docs\rchm\Bid DocsWP 14-11707-TS 17 underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13`h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Q Purchese\Bid DocsVchase0d Docs\RFP 14-11707-TS 18