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HomeMy WebLinkAboutResolution - 2014-R0381 - Contract - Chameleon Industries Inc.- Aluminum Sulfate/Polymer Blend - 11/20/2014Resolution No. 2014-RO381 Item No. 6.8 November 20, 2014 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. 12039 for aluminum sulfate/polymer blend, by and between the City of Lubbock and Chameleon Industries, Inc., of Mesquite, Texas, 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 November 20, 2014 , 2014. ATTEST: Garza, APPROVED AS TO ,CO� NTENNT: R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Amy L. tty At3pen y 1 RES.Contract-Chameleon Industries, Inc 10.23.14 Resolution No. 2014-RO381 City of Lubbock, TX Contract for Services Aluminum Sulfate/Polymer Blend Contract 12039 THIS CONTRACT made and entered into this 20th day of November, 2014, by and between the City of Lubbock ("City"), and Chameleon Industries, Inc, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Aluminum Sulfate/Polymer Blend 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 Aluminum Sulfate/Polymer Blend. 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, Aluminum Sulfate/Polymer Blend and more specifically referred to as Items 1-4 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 1,000,000 Commercial General Liability 1,000,000 Combined Single Limit General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability Combined Single Limit Any Auto 1,000,000 Workers Compensation Or Statutory Amounts Employer's Liability 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 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. 14 -12039 -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 LUBBOCI G . Robertson, Mayor ATTEST: letca Garza. Citv Secre APMOVED AS TO ONTENT: Aubrey Spew(P.E. Director of Water Utilities APPROVED AS TO FORM: Amy Sims, is a Clty Attorneey CONTRACTOR BY J- R Authorized Representative F. I. Garza Print Name PO Box 853027 Address Mesquite, TX 75185 City, State, Zip Code City of Lubbock, TX Aluminum Sulfate/Polymer Blend ITB 1412039 -KS Specification It is the Intent of these specifications to describe the aluminum sulfate/polymer blends to be used as a coagulant at the City of Lubbock Water Treatment Plant. 2. Product Saedfiesdon The aluminum sulfate/polymer blend purchased for use at the City of Lubbock 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. The aluminum sulfate/polymer blend 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 City will require the product to have a pH In the range of 13 to 2.8 (slightly more stringent than AWWA Standard). The material safety data sheets (MSDS) for the product shall also be submitted with the bid. Due to the fact that successful aluminum sul&Wpolymer blends are 90% or more aluminum sulfate by weight, it is preferable that the bidders be a manufacturer of liquid aluminum sulfate. If the successful bidder is not a manufacturer of aluminum sulfate, bidder must provide a copy of a legal contract between the bidder and the aluminum sulfate 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 aluminum sulfate manufacturer must be used throughout the term of the contract. Throughout the term of the contract, the successful bidder my not change the formulation of the aluminum sulfate/polymer blend in soy way without the express written consent of the Water Production & Treatment Superintendent. No exceptions, an unauthorized change in the formulation of the product will result in contract termination. 3. Product Performance Products to be considered for bid will be tested by the manufacturer using standard jar testing methods at the City's site. 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, if additional pilot plant testing is necessary an additional amount of sample will be required. At the City's 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 bid 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. 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. References will be thoroughly checked and will figure prominently into the selection ofa successful bidder. 4. Product Ouality Per Load Upon delivery of each load of product, the transport driver must present a certificate of analysis containing specific gravity and pH. As stated in the product specifications, the pH must be within the range of 13 to 2.8. 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 refttsed, 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 Ioad within forty eight (48) hours. No additional freight or shipping charges shall be assessed by vendor. S. 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 perform jar testing and 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 perfbmrance 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 non -routine site visit is requested, the vendor will have five (5) 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, including major changes related to the ground water to surface water ratio of the owners blended raw water source, vendor will have five (5) 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. 6. Bid Accentanee Product performance will be required to meet optimum quality results for settled and effluent water. The evaluation of bids will include a set of water quality parameters that must be met through the above outlined testing procedures. The bid will be awarded based on water quality and overall visual plant performance, cost effectiveness, and reference checks. 7. Ouantitfes And Pricing The anticipated annual consumption of an aluminum sulfate/polymer blend for coagulant use is 822 tons more or IML Prices quoted for product shall be FOB North Lubbock Water Plant, 6001 North Guava, Lubbock, Texas. Pricing shall be firm for a period one (1) year, with the option of two (2). one (1) year extensions. Written consent !from both parties is required for all price adjustments. Listed quantities are estimates only for pricing purposes. Actual usage may vary. 8. Delivery / Security Successful vendor shall be required to deliver the product to the Lubbock Water Treatment Plant in bulk tank truck 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 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 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 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. 9. Supplemental Additive Snecification Buyer requests the option of having copper sulfate, containing at least 99% CuSO4.51­12O, added to the Aluminum Sulfate/Polymer blend. 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 and 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 2.0% copper sulfate additive is to be expected. Revised Bid Form 2 BID FORM Aluminum Sulfateftlymer Blend City of Lubbock, TX ITB 1412039 -KS In compliance with the Invitation to Bid 1412039 -KS, the undersigned Bidder having examined the invitation to Bid and Specifications, and being fitmiliar with the conditions to be met, hereby submits the following Bid for fiunishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said item at the locations and for the prices set Porth 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 -12039 -KS is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION Qty +/- UNIT OF MEASURE UNIT PRICE' BID EXTENDED COST 1. Hydrate te Aluminum Sulfate/Polymer 822 TON S e oo , j� Q 7 O s+r I T [JZ+ 2. Hydrate Aluminum Sulfate/Polymer 822 TON Blend with I% Copper Sulfate Zp' � j b J 7 Additive X� 3. Hydrate Aluminum Sulftte/Polymer 822 TON Blend with 2% Copper Sulfate6 Additive b 4. Hydrate Aluminum Sulftte/Polymer 822 TON Blend with 3% Copper Sulfate o9 Z41 oa /3Q 1 O Additive kv 1 1 U I Z -.;— 5. Bauxite Aluminum Sulfate/Polymer 822 TON Blend x 6. Bauxite Aluminum Sulfate/Polymer 822 TON Blend with 1% Copper Sulfate x Additive 7. Bauxite Aluminum Sul>hte/Poiymer 822 TON Blend with 2% Copper Sulfate Additive S. Bauxite Aluminum Sulfate/Polymer 822 TON Blend with 3% Copper Sulfate Additive `PRICE: F.O.B- Destination, Freight Pre -Paid and Allowed Unless otherwise specified herein, the City may award the bid either item -by -item or on as all-omone basis for any item or group of hems shown on the bid. The City of Lubbock is seeking a contract for aluminum suUatelpolymer blend 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%, act 30calendar days. Discounts will not be considered in determining low bid Unless otherwise indicated on the Bid Form, payment temp will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days atter the receipt of a concert invoice or after etre date of acceptancei whichever event ocean later. Discounts for prompt payment requiring payment by the City wahm it stipulated nmaber of days will be interpreted as applying within the stipulated number of calendar days after the due of receipt by the City of a correct invoice or after the Revised Bid Form 2 date afeceeptm¢ thud tett¢ mouser requimenn, whkhever moan amen loser. Dismmis for paymmt m less dun lea drys will et be considered. MOST FAVOURED PRICING: The Bidder artifica the the price quoted is not in esceas of the lowest price charged anyone else, including in most favoured cumneer, for like quality and quantity of the pmductdsmiecs; don not include an element of profit on the sale in caeeas of that amorally obtained by the Bidder on the sale ofproducts(snsvicn of like quality ori quantity; and does ant include my provision for dismm6 ta selling agents. If at my time during the conbmt period, the suppliershould sell ar offer fcasale na my otheretmomm, an erJ W as less gaantty ofs®ilor comma products oflike or homer quality, a. loweraa Price(sI tom provided herd , supplier egos as edify the City and sell sox product(.) d the ower price(.) an all deliveries made during the pend in which such Iowerpric.(s) is effmtivm. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental comm ofthe Sue of'ream, by mutual trammed with the successful bidder, and properly authorized mteduwl purchasing agreements as provided for by the Ia crlocA Coopamie Art (ChaparT91, Guvmummt Cdc), the right m pmWau the sure services the priers quoted, for the period afthbcoonact. Each bidder doll radiate an the Bid Form in the apo¢ provided below ifbdshe will hemor Political Subdivision orders in addition to orders Lam the City of Lubbock. Should these other governments] entities decide to pa ticip do in Ibis coowa, would you (the bidder) agree that all mons, condition, specifications, and pricing would apply? Other governmental entities that might have interests is this contract an Frembip Independent Schaal District, Lubbock Housing Authority, Lubbock County, Lubback County Hosplal Dishict, Lubbock Independent School Districq South Plains Association or Governments, City of Testrk ma, Tem Tech University, West Texas Mmnicipal Power Agency, Lyra County, ami City of Wolfforth. YES v/ NO • If you (the bidder) checked YES, the following will apply: • Govesmmenal entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the convact(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 governments] entity's debts. Each govemmenml entity will order their own materiels/service as needed. THIS BID IS SUBMITTED BY Chameleon lyduairfese corporation organized under the laws of the State of TGmeS or a parmership consisting of or individual ceding as of the City of Fenn:. ( hamele0n—L4WU6Trlery Ene. Address: P n. 80x 853027 city: MC.-snu rre r Tx 1M Sate: -M zip 75185-3037 Bidder acknowledges receipt of the following addenda: Addenda No. I Date9 2# N Addenda No._Date Addenda No._7 Dote Itf. Addenda No. _Date M/WBE Firm: Women I Black Americans I Native American H' mic American Asim Pacific Amer011ier S i Ofcer Name and Title:f Jf GQ(7!A P65 iden'1' Pkeoc Prior 1 Revised Bid Form 2 Business Telephone Number q % j— &a— f U 9 3 FAX: 9 72.— 6 9A —40 1 q,7-, E-mail FOR CTTY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $30,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECMICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE TIB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.