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HomeMy WebLinkAboutResolution - 2019-R0001 - Polydyne - 01_10_2019Resolution No. 2019-R0001 Item No. 6.6 January 10, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 14406 for Liquid Polymer as per ITB 19-14406-FM, by and between the City of Lubbock and Polydyne, Inc., of Riceboro, Georgia, 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 January 10, 2019 DANIEL M. POPE, MAYOR ATTEST: )X Re ecca Garza, City Secr to APPROVED AS TO CONTENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: Amy ms, Dep Attorney vw:ccdocs/RES.Contract 14406- Liquid Polymer December 14, 2018 Resolution No. 2019-R0001 Contract 14406 City of Lubbock, TX Contract for Liquid Polymer THIS CONTRACT made and entered into this LWb of January , 2019, by and between the City of Lubbock ("City"), and Polydyne Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Liquid Polymer 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 Liquid Polymer. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Liquid Polymer and more specifically referred to as Item 1 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. The contract shall be for a term of one year, with the option of three, one 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. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. 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. Insurance Requirements 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. 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 deetned necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. 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 Citv. in the following tvne(s) and amount(s): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY EJ AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto El ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ CARGO COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Per Occurrence $1,000,000 Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $1,000,000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/Genera! Liability on a primary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City 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 b)ndino 111)011 citiicr of the h:u-iicti ]ILTU10 or the unc'crw.itcr of am," of such IMiicics). Upon such rLyucst by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. 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. 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 & Contract Management City of Lubbock 1625 13"' 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. 7. 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. 8. 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. 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 tithes, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. City of Lubbock Bid ITB 19-14406-FM 10. 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 non -appropriation 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 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. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 12. SB252 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 13. HB 89 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 19- 14406-FM, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITYOF LUBBO Daniel M. Pope, Mayor ATTEST: D'i", N---, Re t ca Garza, City Secre t9 APP/ROVED AS TO C TENT: ities APPROVED AS TO FORM: Rya r oke, A sistan ity Attorney CONT TOR BY 'q L4 Aut orized presentati e Boyd Stanley, Vice -President Print Name One Chemical Plant Rd. Address Riceboro, GA 31323 City, State, Zip Code 11/26/2018 3:59 PM p. 39 City of Lubbock, TX ITB 19-14406-FM Liquid Polymer Specifications 1. INTENT It is the intent of these specifications to describe the Polymer to be used to dewater the sludge for the RDT's and Centrifuge at the City of Lubbock Southeast Water Reclamation Plant. PRODUCT SPECIFICATION The polymer purchased for use at the City of Lubbock Southeast Water Reclamation Plant shall contain no soluble inorganic or organic substances capable of producing deleterious or injurious effects. The polymer must have Certification for use in waste water treatment plants. Bidder shall submit a certificate of analysis which will include the specific gravity, Cationicity, Active Polyacrylamide, Density and Freezing Point. The material safety data sheets (MSDS) for the product shall also be submitted with the bid. Due to the fact that successful Polymer will separate the solids as needed by state permit it is that the bidders be a manufacturer of liquid Polymer. In any event, all products used. The same Polymers manufacturer must be used throughout the term of the contract. Throughout the term of the contract, the successful bidder may not change the formulation of the Polymer in any way without the express written consent of the Waste Water Treatment Plant Superintendent. No exceptions, an unauthorized change in the formulation of the product will result in contract termination. 2. PRODUCT PERFORMANCE Products to be considered for bid will be tested by the manufacturer using standard jar testing methods at the City's site. A sample of the product being tested will be left at the facility for additional jar testing by Operations personnel, if additional pilot plant testing is necessary an additional amount of sample will be required. At the City's discretion fill 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 bid document to conduct full plant testing. Waste Water Treatment Operations personnel will evaluate product performance based on sludge dryness and sludge separation. References will be thoroughly checked and will figure prominently into the selection of a successful bidder. 3. PRODUCT QUALITY PER LOAD Upon delivery of each load of product, the transport driver must present a certificate of analysis containing Cationicity 80% Active Polyacrylamide Min, 41% Specific Gravityl.01 -1.05 Freezing Point 7F. Density 8.5-8.6 lb/gal As stated in the product specifications, 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. 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 (3) months to consulting with operations staff on any questions or problems with the product. A telephone response time of one (1) 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. All technical support will be at no cost to the owner. 5. BID ACCEPTANCE Product performance will be required to meet optimum quality performance. The evaluation of bids will include testing procedures for sludge separation and dryness of the sludge. The bid will be awarded based plant performance, cost effectiveness, and reference checks. 6. QUANTITIES AND PRICING The anticipated annual consumption of the polymer is two tanker loads every other month Prices quoted for product shall be FOB Southeast Waste Water treatment Plant Lubbock, Texas. Pricing shall be firm for a period of four years. Written consent from both parties is required for all price adjustments. Listed quantities are estimates only for pricing purposes. Actual usage may vary. 7. DELIVERY / SECURITY Successful vendor shall be required to deliver the product to the City of Lubbock Southeast Waste Water Treatment Plant in bulk tank truck within 2 weeks 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 6:00 P.M., Monday through Friday. No exceptions will be made unless prior approval is agreed upon with the City of Lubbock Southeast waste 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 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 Waste Water Treatment Plant, delivery personnel will check in at the main building before proceeding to the unloading site. The driver will be met at the security gate by plant personnel and must present photo identification. 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. 8. TERM AND CONDITIONS The contract shall be for a term of one year with the option of three one year renewals, 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. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. City of Lubbock Bid ITB 19-14406-FM BID FORM City of Lubbock, TX Purchasing and Contract Management Liquid Polymer ITB No. 19-14406-FM In compliance with the Invitation to Bid 19-14406-FM, 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. A bid will be subject to being considered irregular and may be rejected if it shows 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 or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 19-14406-FM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. QTY UNIT PRICE* EXTENDED "Delivery ITEM (+/-) UOM DESCRIPTION (b) COST days ARO (a) (a x b) 1 48,000 LBS Liquid Polymer, as specified $1.280/Lb. $61,440.00 14 Days A.R.O. Clarifloc CE-1804 *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for Liquid Polymer 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 offers a prompt payment discount of -0- ?o, net 30calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not he considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products: services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he.'she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract; would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? 11/26/2018 3 59 PM p 6 City of Lubbock Bid ITB 10-14406-FM Other governmental entities that might have interests In this contract are Friendship 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 X NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY Polydyne Inc. a corporation organized under the laws of the State of Delaware , or a partnership consisting of or individual trading as of the City of Firm. Polydyne Inc. Address: One Chemical Plant Rd. City: Riceboro state: GA Zip 31323 Bidder acknowledges receipt of the following addenda: No Addenda Addenda No. Addenda No. _ Addenda No. Addenda No. — Date Date Date Date M/WBE Firm! i Woman American BY_ (`) t`L��7 ` 12/11/18 Aut,h rraed Re esentative - nst sign by hand Officer Name and Title: Boyd Stanley, hand Please Print Business Telephone Number (912) 880-2035 FAX: (912) 880-2078 E-mail Address: polybiddpt@snfhc.com FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over ,S50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM 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. 11/26/2018 3;59 PM p- 7 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lori Complete Nos. 1- 4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-432779 Polydyne Inc. Riceboro, GA United States Date Filed: 12/11/2018 2 Name of governmental ertt ry or state agency that is a party to the contract for which the forms being filed. City of Lubbuck Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 14406 Liquid Polymer 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermedi 5 Check only If there is NO Interested Party. X 6 UNSWORN DECLARATION l Boyd Stanley My name is y y ,and my dale of birth Is My address is 4876 Sunbury Rd. Midway GA 31320 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Liberty t^«,nn,, state of Georgia on the I ItNay of Decembers 18 (month) (year) / Si natu _ of authorized a t of cantracnng u5ioess entity Boyd Stanley, Vice r ident (Declar nt) Forms provided by Texas Ethics Commission www.ethics.state.tx.us L f Version V1,U,b (11