Loading...
HomeMy WebLinkAboutResolution - 2014-R0382 - Contract - Brenntag Southwest Inc.- Aluminum Sulfate/Polymer Blend - 11/20/2014Resolution No. 2014-RO382 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. 12094 for aluminum sulface/polymer blend services, by and between the City of Lubbock and Brenmag Southwest, Inc., of Houston, 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 G C.RO N, MAYOR ATTEST: Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: k, ��,0Y.J- R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: RES. Contract-Brennlag Southwest, Inc 10.23.14 Resolution No. 2014-R0382 City of Lubbock, TX Contract for Services Aluminum Sulfate/Polymer Blend Contract 12094 THIS CONTRACT made and entered into this 20th day of November, 2014, by and between the City of Lubbock ("City"), and Brenntas Southwest, 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, as a secondary source. 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 LUBBOCK Gle .Robe son, Mayor ATTEST: Rebe ca Garza, City Secre ty APP VEDAS TO 'ONTENT: Aubrey ars, .E. Director of Water Utilities APPROV t � Amy Sims, tista tCity CONTRACTOR BY *�—• Authorized Representative James H. Taylor - President Print Name 1632 Haden Road Address Houston, Texas 77015 City, State, Zip Code City of Lubbock, TX Aluminum Sulfate/Polymer BIend ITB 1412039 -KS Specification 1. Jge,Lt 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 Specification The aluminum sul&Wpolymer 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 is 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 sulfate/polymer 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 may not change the formulation of the aluminum sulfatelpolymer blend In any 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 termiandon. 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 of successful bidder. 4. Product Oualitv 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 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 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 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. 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 Acceptance 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. Quantities And Pricing The anticipated annual consumption of an aluminum sulfatelpolymer blend for coagulant use is 822 tons more o,� 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% CuSO4.5H2O, 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 end 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 Sulfate/Polymer Blend CIty of Lubbock, TX ITB 1412039 -KS In compliance with the invitation to Bid 14121139 -KS, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be stet, hereby submits the following Bid far 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 arc 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 most be completed in blue or black ink or by typewriter. ITEM DESCRIPTION (+t/- MEEASI RE UNIT PRICE• B1D EXTENDED COST 1. Hydrate Aluminum Sulfate/Polymer 822 TON 372 00/Ton $305,784.00 Blend 2. Hydrate Aluminum Sulfitte/Polymer 822 TON Blend with I% Copper Sulfate S 415.80/Ton S3a1,a23 2n Additive 3. Hydrate Aluminum SulfatelPolymer 822 TON Blend with 20.6 Copper Sulfate S 449.20/Ton $369.242.40 Additive 4. Hydrate Aluminum Sulfate/Polymer 822 TON $ 477.80/ran S392,S87.20 Blend with 3% Copper Sulfate Additive S. Bauxite Aluminum Sulfate/Polymer 822 TON S 372.001ron $305.794.00 Blend 6. Bauxite Aluminum Sullkte/Polymer 822 TON Blend with I% Copper Sulfate S 418.t30/Ton $34L82320 Additive 7. Bauxite Aluminum Sulfate/Polymer 822 TON Blend with 2% Copper Sulfate s 449.201ron $369.242.40 Additive 8. Bauxite Aluminum Sulfate/PoIymer 822 TON Blend with 3% Copper Sulfate $ 477.60rron $392.587.20 Additive rrcis,a: r.V.D. uesttnatton, rretgnr rre-rata ann Allowed Unless otherwise specified herein, the City may award the bid either item-by4tem 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 aluminum sulfate/polymer 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 __g_°Y*, net 30 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 sueeessfirt 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 ora correct invoice or after the Revised Bid Form 2 due of acceptance that meets cunei requirements, whichever evanl occurs tater. Discounts far payment in Ins than trn days will not be considered. MOST FAVOURED PRICING: The Bidder ccri5es that the price quoted is net in excess of the bosun price charged anyone else, including its most favoured customer, for like quality end quantity of the pmducte/mmiw; don not include an clement of profit on the sale in excess of that normally obtained by the Bidder on the mle of products services of like quality and quamity; and does not include any prevision for discounts to selling agents. [rat any time during the mown period, the supplier should sell m offer far sale to any other customer, an equal or less quantity of similar contract products oflike or better quality, u e lower net pmc(s) than provided herein, supplier agrees m nodfy the City and sell sane product(s) at the lose prints) on all deliveries made during the period in which mch loweprice(s) is effective. INTERLOCAL PURCHASING (aptlona0: The City dcsimr to make available mother local governmental entities of the Stata orTnn. by mutual agreement with the successful bidder, and property authorized m mlocal purchasing agreements as provided far by the Imnlocol Cooperation Act (Chapter 791, Govemment Cade), the right to purchase the same services, u the prices quoted, for the period ofthiscomuct Each biddershall Indicate on the Bid Pow in the span provided below if he/she will honar Political Subdivision orders in addition to orders form the City of Lubbock Should them other governmental entities decide to penicipate in this contract would you (the bidder) agrce that all terms, conditions, specifications, and pricing would apply? Other governmental entitles 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: • Governments] entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the comments) awarded u a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity end 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 Samptao Southwest Inc. a corporation organized under the laws of the State of Texas . or a partnership consisting of or individual trading as of the City of Firm; Brenntaa Southwest, Inc. Address: 1532 Haden Road City: Houston State: Tens Zip 77015 Bidder acknowledges receipt ofthe following addenda: Addenda No. I Date 9242014 Addenda No. Date Addenda No. 2 Date 9/252014 Addenda No. _ Date MfWBE Firm: FrIl Officer Name and Title: damn,H Tsvinr-Pracidant Please Prim Women 1 Black American I Native American His ericen Asian pacific Annc=4iOther 5 i ) FrIl Officer Name and Title: damn,H Tsvinr-Pracidant Please Prim Revised Bid Form 2 Business Telephone Number, (713)33043570 FAX:_(713)4504899 E-mail Address: sttoUehrer�brenntao.cAm FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn/individual: Date of Award by City Council (%r bids over S30,000): Date P.OJContract 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. City of Lubbock, TX Water Treatment Bid Tabulation November 20, 2014 ITB 14 -12039 -KS Aluminum Sulfate/Polymer Blend NO BID Univar USA Inc. Geo Specialty Sterling Water Technologies LLC Sym Dc=xW M 14 -12019 -KS Unit ItemU/M Qty Description/Vendor Location Cost Extended Cost I EA 822 Hydrate Aluminum Sulfate/Polymer Blend Chameleon Industries, Inc Mesquite, TX 181 148,782 Brenntag Southwest, Inc Houston, TX 372 305,784 2 EA 822 Hydrate Aluminum Sulfate/Polymer Blend with 1% Copper Chameleon Industries, Inc Mesquite, TX 201 165,222 Brenntag Southwest, Inc Houston, TX 416 341,623 3 EA 822 Hydrate Aluminum Sulfate/Polymer Blend with 2% Copper Chameleon Industries, Inc Mesquite, TX 221 181,662 Brenntag Southwest, Inc Houston, TX 449 369,242 4 EA 822 Hydrate Aluminum Sulfate/Polymer Blend with 3% Copper Chameleon Industries, Inc Mesquite, TX 241 198,102 Brenntag Southwest, Inc Houston, TX 478 392,587 NO BID Univar USA Inc. Geo Specialty Sterling Water Technologies LLC Sym Dc=xW M 14 -12019 -KS