HomeMy WebLinkAboutResolution - 2014-R0006 - 11674 DPC Industries For Chlorine - 01/09/2014Resolution No. 2014-R0006
January 9, 2014
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
execute for and on behalf of the City of Lubbock, Contract No. 11674 for liquid chlorine,
by and between the City of Lubbock and DPC Industries, Inc., of Sweetwater, 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 January 9, 2014
C. RO ERTSON, MAYOR
ATTEST:
Rebe a Garza, City Secretark'—�
APPROVED AS TO CONTENT:
R. Keith Smith, P.E., Director of Public Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-DPC Industries
December 12, 2013
Resolution No. 2014-R0006
City of Lubbock, TX
Contract for Services
For Liquid Chlorine
Contract No. 11674
THIS CONTRACT made and entered into this 9th day of January, 2014, by and between the City
of Lubbock ("City"), and DPC Industries, Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for liquid chlorine 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 chlorine.
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 chlorine and more
specifically referred to as Item One 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
and Specifications attached hereto. The contract shall be for a term of one year, with the option
of two, one year extensions, said date of term beginning upon formal approval. The City does
not guarantee any specific amount of compensation, volume, minimum or maximum amount of
services under this contract.
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.
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. The contractor shall obtain and maintain in full 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 $500,000
Commercial General Liability
General Aggregate
Products-Comp/OP AGG
Personal & Adv. Injury
Automotive Liability $500,000
Any Auto
Workers Compensation Statutory Amounts
The City of Lubbock shall be named as additional insured on a primary and non-contributory
basis on Auto/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 mail 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 effect, 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.
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.
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 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.
10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 14-
11674 -TS, 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.
CITY OF LUBBOCK
Glen C. ertson, ayor
ATTEST:
ebec a Garza, City Secretary
APPROVED AS ON NT:
R. Keith Smith
Director of Public Works
APP D TO FORM:
Assistant City Attorney
CONTRACTOR
BY
Authorized Representattiive
/
. stoci-c
Print Name
,, D . �►��� 154
Address -��
Is f7i; r I n 7� 4
City, State, Zip Code
City of Lubbock, TX
ITB 14 -11674 -TL, Liquid Chlorine
Specifications
Description
Chlorine is a greenish yellow gas that liquefies under modest pressure to form an amber -colored liquid.
As a gas, it is corrosive and has a pungent, noxious odor. It has solubility in water of 0.72 mg/L at
20degrees C and is available at a commercial strength of 99.8% chlorine.
CAS NO.: 7782-50-5
Purity Requirements
Chlorine shall be no less than 99.5% pure by volume as obtained from vaporized liquid chlorine, and
suitable for the treatment of water, wastewater, and industrial wastes. Chlorine shall conform to
AWWA Standard B301-10 or the latest revision thereof. The vendor must furnish an affidavit attesting
to compliance with this standard along with a certified analysis of the liquid chlorine.
Regulatory Requirements
Effective January 1, 1993 all chemicals and any additional or replacement process media used in
treatment of water supplied by public water systems must conform to American National Standards
Institute Sanitation Foundation (ANSI/NSF) Standard 60 for direct additives and ANSI/NSF Standard
61 for indirect additives. Conformance with these standards must be obtained by certification of the
product by an organization accredited by ANSI. The successful vendor must provide proof of this
certification to the City of Lubbock Water Treatment Department with the bid.
uanti
Anticipated annual consumption will be 244 tons more or less at the Lubbock Water Treatment Plant
and 56 tons more or less at the Sudan Pump Station.
Delivery
Chlorine shall be supplied in one ton cylinders. The cylinders shall be reconditioned, maintained,
loaded/unloaded in strict accordance with the latest edition of "Container Procedure at Chlorine
Packaging Plants", and issued by the Chlorine Institute, Inc. Each cylinder shall have the tare weight
clearly stamped into the cylinder wall and marked. All cylinders loading and unloading is to be
performed by the driver while providing maximum safety, and under direction of operations personnel.
All delivery people will display photo security ID upon arrival at the site. All delivery people will be
identified by the company before arrival at the site, preferably at the time an order is placed. Upon
arrival at the Water Treatment Plant delivery people will check in at the main building before going to
the unloading site. Normal delivery will be during regular business hours.
Pricing
Pricing for liquid chlorine shall be for a term of one year with the option of two, one year extensions
with the written consent of both parties. Prices quoted shall be per ton FOB City of Lubbock Water
Treatment Plant and FOB Sudan Pump Station. If demurrage on cylinders is applicable, a copy of
demurrage rates shall be attached to the bid. Demurrage will be a factor in the awarding of the bid.
Listed quantities are estimates only for pricing purposes. Actual usage may vary.
Q: Purchase/Bid Docs/ITB 14 -11674 -TS, Liquid Chlorine
27
Bid Form
Liquid Chlorine
City of Lubbock, TX
ITB No. 14 -11674 -TS
In compliance with the Invitation to Bid 14 -11674 -TS, 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 14 -11674 -TS is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
*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 chlorine 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. A/
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of / t' %, net_ calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on th 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 be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured 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/seryices 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?
Q: Purchase/Bid Does/ITB 14 -11674 -TS, Liquid Chlorine
UNIT OF
UNIT PRICE*
EXTENDED
Delivery
ITEM
QT)
MEASURE
DESCRIPTION
BID
COST
DayARO s
1.
300
Tons
Liquid Chlorine in one -ton
$_ OC)$
00
cylinders, as specified herein.
-5 '] —70;—/
/ / ),Co
_�
*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 chlorine 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. A/
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of / t' %, net_ calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on th 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 be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured 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/seryices 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?
Q: Purchase/Bid Does/ITB 14 -11674 -TS, Liquid Chlorine
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO X—
• 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 DPC XbVS,T ,]�Sa/�rporation organized under the laws of the State of
Fe—xA,$ , or a partnership consisting of or individual trading as
�/
AA of the City of s W eeTGu�?'T�YZ
Firm: hPe, 1NU USTi2 I&S� INer .
Address: P. d . 9 4 -LV Et2 1-6-6
City: 5-)(,I) P.t7TLcJ,4TQ/L State: -R zip 79J5 -6-r
Bidder acknowledges receipt of the following addenda:
Addenda No. _� Date #b eC
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE Firm:
Woman Black American I I Native American
Hispanic American Asian Pacific Americj I Other (Specify)
By
Authorized Representative - must sign by hand
Officer Name and Title: J01411146,ew-
Please Print / r�
Business Telephone Number Sas' �c3to ` �n 6 3 3 FAX: 3� 9 3N
E-mail Address:,57-00 Q I h X i'�, IZOU (? Co 01
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50,000): 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.
Q: Purchase/Bid Does/11B 14 -11674 -TS, Liquid Chlorine