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HomeMy WebLinkAboutResolution - 2015-R0183 - Contract - Chameleon Industries Inc - Water Treatment Chemicals - 06/11/2015Resolution No. 2015-R0183 Item No. 6.6 June 11, 2015 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.12368 for South Water Treatment Plant — Treatment Chemicals, by and between the City of Lubbock and Chameleon Industries, Inc., of Mesquite, 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. by the City Council on June 11, Garza, City P.E., Director of Public Works AS TO FORM: Contract-Nbr 12368 -Chameleon Industries, Inc 15 2015. C-"ROBERTSON,O• Resolution No. 2015-RO183 Contract 12368 City of Lubbock, TX Contract For Services South Water Treatment Plant — Treatment Chemicals THIS CONTRACT made and entered into this 11th day of June, 2015, by and between the City of Lubbock ("City"), and Chameleon Industries Inc, "Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for South Water Treatment Plant — Treatment Chemicals 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 Water Treatment and Maintenance Chemicals for South Water Treatment Plant. 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, Treatment Chemicals for South Water Treatment Plant, and more specifically referred to as Item 3 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 three years, said date of term beginning upon formal approval. 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. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 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 Commercial General Liability $1,000,000 General Aggregate Pollution Liability General Aggregate $1,000,000 Automotive Liability Combined Single Limit $1,000,000 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. 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. 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 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. 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 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. 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. This Contract consists of the following documents set forth herein; Invitation to Bid No. 15 -12318 -SS, 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 4ae G t o6erfson, Mayor ATTEST: P �/e":! _e � , X ebta Garza, City Sccrctarvt APP ED.AS_TO C TE f 7 Aubrey Spear, P.E. Director of Water Utilities AS TO FORM: Amy &i Deputy CONTRACTOR BY I. baf) Authorized Representative F. 1. Garza, President Print Name P.O. Box 853027 Address Mesquite, TX 75185 City, State, Zip Code BID FORM South Water Treatment Planet —Treatment Chemicals City of Lubbock, TX ITB 15 -12318 -SS In compliance with the Invitation to Bid 15-1231MS, 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 famishing 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 aro obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid I5.12318SS is by reference incorporated in this contract. The Bid Form must be completed in blue or black Ink or by typewriter. ITEM Q UNIT OF MEASURE DESCRIPTION UNIT PRICE* AID EXTENDED COST Delivery Days 1. 25,550_ Gallons 78.0% Sulfuric Acid �__________ ---------------- _______2.- 2.-_ _ -13L,400- Gallons- _ _ _ I.Z_V0 Sodium Hypochlorite. - - -S ------------ S---------------- 3. 139,246 Gallons Liquid Ammonium Sulfate 10% w/w S q 1 S IQ -7, uao2% 1111 �f 4--- 24.590_ Pounds-_-- 50.0°/aCit&Acid--------- S ----------- 5------------ --------- 5. 5. 2056__ Pounds 38.0%SodimnBisulfite_____ $-__________ $---------------- B, ---- 7,6,404_ P-mm4s__--5.0.t1°ldSodmnHydruxidc---- ---------- S ----------- Total Cost (Items 1-6) S127 327 *PRICE: F.O.B. Destination, Freight Pre-Psld and Allowed "Days Atter 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 Treatment Chemicals for South Water Treatment Plant with one or more contractors. In order to ensure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products dashed, 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%, net3D calendar days. Discounts will not be considered in determining low bid Unless otherwise indicated on Aid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty duys after the receipt of a correct invoice or slier 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/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 pricc(s) than provided berein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries trade during the period in which such lower price(s) is effective. e 2S� SPECIFICATIONS FOR SOUTH WATER TREAMENT PLANT TREATMENT CHEMICALS SCOPE 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 (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. LIKIIa1M9L*y\►1tl9R[a]l�[e1, The anticipated annual consumption of required treatment chemicals are listed below. Prices quoted for product shall be FOB City of Lubbock lake Alan 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 Lake Alan Henry 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 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 (61F) 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 139,246 +/- 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 3840% with equivalent NH3 of 9.8- 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 standard chemical receiving dock height 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% 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 standard chemical receiving dock height 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 standard chemical receiving dock height station 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. City of Lubbock, TX South Water Treatment Plant Bid Tabulation June 11, 2015 ITB 15 -12318 -SS South Water Treatment Plant - Treatment Chemicals Item Qty UOM DescriptionNendor Location Unit Price Extended Cost 1 25,550 Gallons 78.0% Sulfuric Acid Hydro Plus LLC Abilene, TX 5.310 S 135,671 2 131,400 Gallons 12.5% Sodium Hypochlorite DPC Industries, Inc. Sweetwater, TX 0.860 113,004 Brenntag Southwest, Inc. Houston, TX 1.210 158,994 FSTI, Inc Austin, TX 1.300 170,820 3 139,246 Gallons Liquid Ammonium Sulfate 10% w/w Breantag Southwest, Inc. Houston, TX 0.130 'NQAS Chameleon Industries, Inc. Mesquite, TX 0.914 127,327 Chemtrade Chemicals US LLC Parsippany, NJ 1.125 156,652 Hydm Plus LLC Abilene, TX 1.150 160,133 4 24,500 Pounds 50.0% Citric Acid Breuntag Southwest, Inc. Houston, TX 0.767 18,792 5 2,056 Pounds 38.0% Sodium Bisulfite Brenntag Southwest, Inc. Houston, TX 0.370 761 6 26,400 Pounds 50.0% Sodium Hydroxide Brenntag Southwest, Inc. Houston, TX 0.350 9,240 Item by Item Brenmag Southwest, Inc. - Items 4, 5, and 6 Houston, TX S 28,792 DPC Industries, Inc. - Item 2 Sweetwater, TX 113,004 Chameleon Industries, Inc. - Item 3 Mesquite, TX 127,327 Hydro Plus LLC - Item I Abilene, TX 135,671 •NQAS - Not Quoted as Specified r.vi iin-_a.®muc�w�ratm L