HomeMy WebLinkAboutResolution - 2009-R0205 - Contract - Polydyne Inc.- Slude Dewatering Polymer - 05/28/2009Resolution No. 2009—RO205
May 28, 2009
Item No. 5.11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Contract No. 9017 for
Sludge Dewatering Polymer pursuant to Bid 09 -045 -MA, by and between the City of
Lubbock and Polydyne, Inc. of Ricebora, GA, 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 this 28th
ATTEST:
Rebecia Garza, City Secretary
APPROVED B.S TC. CONTENT:
L. Adams; Deputy City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
day of May '2009 -
TOM
2009.
TOM MARTIN, MAYOR
vw/ccdocs/Chad/Resolutions/RES.Contract-Polydyne, Inc.
May 14, 2009
ITB #09 -045 -MA Sludge Dewatering Polymers— Annual Pricing
CITY OF LUBBOCK I Contract; 9Q17
CONTRACT FOR SERVICES Resolution No. 2009—RO205
For
SLUDGE DEWATERING POLYMERS- ANNUAL PRICING
ITB 09 -045 -MA
THIS CONTRACT, made and entered into this 28th day of i May , 2009, pursuant to a
resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Polydyne, Inc. ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Sludge Dewatering Polymers and bids
were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has
heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the
City of Lubbock a contract with said Contractor covering the purchase and delivery of the said.
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:
In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are
attached hereto and made part hereof, Contractor will deliver to the City polymers specifically referred
to as Item(s) No. 1 and more particularly described in the bid submitted by the Contractor or in the
specifications attached hereto.
2. The contract shall be for a term of one year, said date of term beginning upon City Council date of
formal approval. The City and Contractor may, upon written mutual consent, extend the contract for (4)
four additional one-year periods. The rates may be adjusted upward or downward at this time at a
percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index
(FPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's
discretion, the effective change rate shall be based on either the local or national index average rate for
all items. If agreement cannot be reached, the contract is terminated at the end of the current contract
period.
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. The City agrees to pay the Contractor
according to the payment schedule attached; said payment schedule does not include any applicable
sales or use tax.
4. The Contractor shall perform the work according to the procedure outlined in the specifications and
Invitation to Bid attached hereto and incorporated herein.
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
ITB# 09 -045 -MA 26
ITB #09 -045 -MA Sludge Dewatering Polymers—Annual Pricing
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:
INSURANCE COVERAGE REQUIRED
The City reserves the right to review the insurance requirements of this section during the effective
period of the contract and to require adjustment of insurance coverages and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims
history of the industry as well as the Contractor.
Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by
the City, the Contractor shall obtain and maintain in full force and effect for the duration of this
contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by
companies approved by the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
TYPE AMOUNT
Commercial General Liability per occurrence: $300,000
General Aggregate
Automobile Liability insurance, including:
Any Auto Combined Single Limit for $200,000
bodily injury and property damage
The City of Lubbock shall be named a primary additional insured with a waiver of subrogation
in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the
project name or bid number for which the insurance is being supplied.
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.
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. This Contract consists of the following documents set forth herein; Invitation to Bid #09 -045 -MA,
General Conditions, Specifications, and the Bid Form.
ITB# 09 -045 -MA 27
ITB 909 -045 -MA Sludge Dewatering Polymers— Annual Pncing
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
Tom Martin, Mayor
ATTEST:
Rebeccj Garza. City Secretary
APPROVE"TO/T'<1
Adams, Deputf Assistant City Manager
APP OV D AS O FORM:
Assistant City Attorney
CONTRACTOR
BY
Authoriz d Representative
James R. Carlson, Vice --President
One Chemical Plant Rd.
Address
Riceboro, GA 31323
ITB# 09 -045 -MA 28
Resolution No. 2009—RO205
1Tn A109 -045 -NIA Sludgc DoNatenng Polymers—Annual Pricing
BID FORM
SLUDGE DEWATERING POLYMERS- ANNUAL PRICING
CITY OF LUBBOCK, TEXAS
ITB 09 -45 -MA
In compliance with the Invitation to Bid 909 -045 -MA , the undersigned Ridder 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. The Invitation to Bid #09 -45 -MA is by reference incorporated in this
contract. The Bid Fonts must be completed in blue or black ink or by typewriter.
ITEM
ra
kPPROX
QTY
fi,
UNITOF
NIF kS11RE
c.
DESCRIPTION
d,
UNIT PRICE*
BID
e.
Extended
Cost
f=bxe
Delivery
Days
ARO**
tilutlFe Dewatering Polymer, as
I.
I ISA15
t_13
specitied herein.
$ 1.47/Lb.
$174,070.05
7-14
larifloc CE -926
TOTAL BID:
s174,070.05
Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock.
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive
immaterial formalities.
PAYMENT TERMS .AND DISCOUNTS - Bidder offers a prompt payment discount of _0— %, net3Ocalendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms
will be NET THIR"T"Y 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/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 price(s) than provided herein, supplier agrees to notify the City and sell same
product(s) at the lower price(s) on al[ 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 quoied, 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'?
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock (lousing 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, Lvnn County, and City of Wolfforth.
1'1=:w V) X
• I1)ou Ithe hidden checked YES. the followwing will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will
he elie,ible, 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
I I -lip rsQ- f4: -MA 9
ITB #09 -045 -MA Sludge Dewatering Polymers— Annual Pricing
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 oven materials/service as needed.
THIS BID IS SUBMITTED BY Polydyne Inc. a corporation organized under the
laves of the State of Delaware or a partnership consisting of
or an individual trading as of the City of
Firm: Polydyne Inc.
Address: One Chemical Plant Road
Citv: Riceboro State: OA Zip 31323 -
jM/WBE --7—Woman
Black American
Native American
Firm:
N/A
Hispanic American
Asian Pacific
Other (Specify)
American
By
" Date:
4/27/09
Iwhori_ed Representative - nnal sign by hand
Officer Name and Title: James R. Carlson, Vice -President
Please Print
Business Telephone Number (912) 580-2035 FAX: (912) 880-207$
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
f [*B# 09 -04i -MA 10