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HomeMy WebLinkAboutResolution - 2014-R0262 - Contract - Standard Purification - Activated Charcoal - 08/14/2014Resolution No. 2014-R0262 August 14, 2014 Item No. 6.4 RESOLUTION 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 I on behalf of the City of Lubbock, Contract No. ITB 14 -11931 -KS for powdered activated :bon to be used at the City of Lubbock Water Treatment Plant, by and between the City of bbock and Standard Purification of Dunnellon, Florida, and related documents. Said Contract attached hereto and incorporated in this resolution as if fully set forth herein and shall be :luded in the minutes of the City Council. assed by the City Council on August 14, 2014 GEW R ERTSON,MAYOR TTEST: City AS TO CONTENT: Keith Smith, P.E., Director of Public Works FORM: Assistant City Attorney ES.Contract-Standard Purification 21.14 Contract 11931 City of Lubbock, TX Contract for Powdered Activated Carbon THIS CONTRACT made and entered into this 14'" day of August, 2014, by and between the City of Lubbock ("City"), and Standard Purification, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Powdered Activated Carbon 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 Powdered Activated Carbon. 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, Powdered Activated Carbon 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. 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. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 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 tern of the contract, commercial general liability coverage with insurance carvers 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 $500,000 General Liability Commercial General Liability General Aggregate Products-Comp/Op AGO Personal & Adv. Injury Contractual Liability Automotive Liability $500,000 Combined Single Limit Any Auto Workers Compensation or $500,000 Occupation Medical and Disability 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. Non -Appropriation: 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. Assigning or Subletting the Contract: 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. 14- 11931 -KS, 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 L BBOCK G1 C.'Robqit6n, Mayor ATTEST: Rebe ca Gana, City Secretar; APPR D AS TOVENT AAAA(/n / 2 Aubrey A. Spear, O.E. Director of Water Utilities CONTOR BY �� Authorized Representative Tony Julian Print Name 551 N US Hwy 41 Address Dunnellon FL 34432 City, State, Zip Code City of Lubbock, TX Powdered Activated Carbon - Annual Pricing ITB 14 -11931 -KS SPECIFICATION FOR POWDERED ACTIVATED CARBON 1. DESCRIPTION Activated carbon is a black powder with enormous surface area and is insoluble in water. The chemical formula is C and the formula weight is 12.0. Powdered activated carbon is used for the absorption and removal of color, odor, and other organic substances from drinking water. 2. PURITY REQUIREMENTS Powdered activated carbon purchased for use at the City of Lubbock Water Treatment Plant shall contain no soluble mineral or organic substances capable of producing deleterious or injurious effects upon the health of those consuming the water, or that would otherwise render treated water unfit for public consumption. Activated carbon shall conform to (AW WA) American Water Works Association Standard December 2013 or the latest revision thereof. Bidders must furnish an affidavit attesting to compliance with this standard along with this standard along with a certified analysis of the activated carbon. Each bidder will supply a suitable sample size for performance evaluation with the bid. The City will analyze each sample for absorption capability by weight. Acceptance of a bid will be based on performance and cost. 4. REGULATORY REOUIREMENT 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/National Sanitation Foundation (ANSI/NSF) Standard 60 for direct additives and ANSIINSF 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 bidder most provide proof of this certification to the City of Lubbock Water Treatment Department with the bid. 5.UO ANITY Anticipated annual consumption of powdered activated carbon will be 82 tons more or less. 6. DELIVERY The powdered activated carbon shall be delivered in bulk via hopper truck with pneumatic power unloading equipment and a dust capture sock. Unloading to plant storage tanks is to be performed by the driver under the direction of operations personnel. The transporter is required to furnish official certified, dated, stamped, weight tickets with each load of chemical, before and after unloading. Handwritten tickets or numbers are prohibited. Delivery day and time will be specified at each ordering time. All delivery people will display photo security ID upon arrival at the site. All deliver people will be identified by the company before arrival at this site. Preferably at the time and 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. All loads will be sealed and the seal will be broken in the presence of the plant representative. 7. PRICING Pricing for powdered activated carbon shall be film for a period of one (1) year with an option of two (2), one year extensions, said date of term beginning upon formal approval. years with the written consent of both parties. Price shall be quoted for bulk delivery FOB City of Lubbock Water Treatment Plant. Listed quantity is an estimate only for pricing purposes. Actual usage may vary. 8. SPECIFICATION PROPERTY SPECIFICATIONS Moisture as packed, % 8 max. Molasses RE, ai 75 min. Part. Size — 325 mesh, % 90 min. Part. Size — 200 mesh, % 95 min. Part. Size— 100 Mesh% 99 min. Iodine No. 500 min. TA Density, lbs/cu. Ft. None City of Lubbock, TX Powdered Activated Carbon ITB I4 -11931 -KS BID FORM In compliance with the Invitation to Rid 14 -11931 -KS, 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 1411931 -KS 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 (ARV) PAYMENT TERMS AND DISCOUNTS- Bidder offers a prompt payment discount of 0 %,not_calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terns 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 even[ occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted ss applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or oiler the data 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/scrvices; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of produceiwtvices of like quality and quantity; and does not include any provision for discounts to selling agents. Ifat any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity ofsimilar 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 products) 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 i uthoritcd 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 ofthis 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 cdmmcl, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? UNIT OF UNIT PRICEe EXTFNDF.D Delivery Dan ITEM QTY MEASURE DESCRIPTION BID COST ARO" 1. 87 TN Powdered Activated Cnrbon, as S $ specified herein. 1,137.00 98,919 8-7 days Tocol S 98.918 -PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed ."Days After Receipt of order (ARV) PAYMENT TERMS AND DISCOUNTS- Bidder offers a prompt payment discount of 0 %,not_calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terns 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 even[ occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted ss applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or oiler the data 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/scrvices; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of produceiwtvices of like quality and quantity; and does not include any provision for discounts to selling agents. Ifat any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity ofsimilar 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 products) 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 i uthoritcd 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 ofthis 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 cdmmcl, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association or Governments, City of Texarkana, 'ferns Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolffotah. YES X NO • Ifyou(thc bidder)checked YES,the followingwill apply: • Govenmtental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contraegs) 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/scrvim as needed. THIS BID IS SUBMITTED BY Standard PudfiWgon a corporation organized under the laws of the State of Delaware , or a partnership consisting of or individual trading as orthe City of Firm: Standard a Standaml Purification Address: 551 N US Hwy 41 City: Dunnellon State: FL yip 34432 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No, Date Addenda No. _ Date M/WBE Firm: Women Black American Native American Is a is American Asian Pacific Amcri Other S xi Officer Name and Title: Tony Julian - President Please Print Business Telephone Number-35>-ae5-so5o FAX: a59da50e79 E-mail Address: Uullan@standardpurificabon.com FOR CITY USE ONLY Bid Form Itcm Numbcr(s) Awarded to Above Named Firm/Individual: Date ol'Awmd by City Council Our bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED DID 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.