HomeMy WebLinkAboutResolution - 2017-R0024 - DPC Industries - 01/26/2017Resolution No.2017-R0024
Item No.6.13
January 26,2017
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. 13147 for Liquid Chlorine,by and between
the City of Lubbock and DPC Industries,Inc.,of Sweetwater,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.
Passedbythe CityCouncilon January26,2017 •
DANIEL M.POPE,MAYOR
ATTEST:
«&<,-^Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Widbd Franklin,P.E.,Director of Public Works
APPROVED AS TO FORM:
RES.Contract-Nbr 13147-DPC Industries Inc
12.19.16
Resolution No. 2017-R0024
City of Lubbock, TX
Contract for Liquid Chlorine
Contract No. 13147
THIS CONTRACT made and entered into this 261 day of January, 2017, by and between the City of Lubbock
("City"), and DPC Industries, Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for liquid chlorine 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 liquid chlorine.
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, liquid chlorine and more specifically referred to as
Item One 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.
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.
INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the
named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which
shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL
HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. 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.
SECTION C. 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 OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
PROFESSIONAL LIABILITY
171
LIABILITY
®
Any Auto
❑
Scheduled Autos
❑
Non -Owned Autos
EXCESS LIABILITY
❑
Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑ BUILDER'S RISK
❑ INSTALLATION FLOATER
® POLLUTION
❑ CARGO
❑ All Owned Autos
❑ Hired Autos
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
General Aggregate
Combined Single Limit $1,000,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
❑ 100%of the Total Contract Price
❑ 100% of the Total Material Costs
1 000 000
® WORKERS COMPENSATION— STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis
and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the
Certificates of Insurance and all applicable endorsements are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all
endorsements thereto and may make any reasonable request for deletion, revision, or modification of
particular policy terms, conditions, limitations, or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the underwriter of any of
such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together
with the indemnification provision, shall be underwritten by contractual liability coverage sufficient
to include such obligations within applicable policies.
ILTI Y COW
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than thirty (30) days' prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13' Street, Room 204
Lubbock, Texas79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents
as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by
the insurance company exonerate the Contractor from liability.
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 nonappropriation 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 of 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. 17-13147-KM,
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 LUB OCK
Daniel M. Pope, Mayor
ATTEST:
Reb ca Garza, City Seere
APP D AS TO ZU
Aubrey A. Spear ,DWater Utilities
APPROVED AS TO FORM:
Amy Sims, y City Att =-e—e
CONTRACTOR
BY ( -4� 0,)� �
Authorized Representative
Ua_
Print Name II 44
Address
City, State, Zip Code
Bid Form
Liquid Chlorine
City of Lubbock, TX
ITB No. 17-13147-KM
In compliance with the Invitation to Bid 17-13147-KM, 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 17-1314-KM is by reference incorporated in this contract. The Bid Form must be completed in blue or
black ink or by typewriter.
UNIT OF
UNIT PRICE*
EXTENDED
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
BID
COST
Days
ARO**
1.
285
Tons
Liquid Chlorine in one -ton c
$
cylinders, as specified herein.
Am.
C RICE; P.V.D. Destination, r reignt rre-raid and Allowed **Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any
item or group of items shown on the bid.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net _ calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms 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 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 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 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 quoted, 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 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
• If you (the bidder) checked YES, the following will apply:
S: Purchase/Bid Docs/ITB 17-13147-KM, Liquid Chlorine
4
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, 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 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/service as needed.
THIS BID IS SUBMITTED BY J1 {'�y►�(� SQ rl E-3 a corporation organized under the laws of the State of
�1U45 or a partnership consisting of or individual trading as
Firm: ` r t' US l r- e
Address:
City: S I,J e>ark W P-`te t'
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M/WBE Firm:
By—VY1
Authorized
of the City of
0
"t_ Imo,yyI I—'NVIVA:-Cy✓
State: I /v Zip
Woman Black American I I Native American
Hispanic American Asian Pacific Americ Other (Specify)
- must sign by hand
Officer Name and Title: \ ,y 'h
Please Print
Business Telephone NumberV 0 l FAX: � �-'2 �S _ O 3`'t�
E-mail Address: Y^ l,�,1 �I S oI; k 0aop . eom
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50, 000): Date P.O./Contract 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.
S: Purchase/Bid Docs/PI'B 17-13147-KM, Liquid Chlorine
5
City of Lubbock, TX
ITB 17-13147-KM Liquid Chlorine
Specifications
Description
Chlorine is a greenish yellow gas that liquefies under modest pressure to form an amber -colored liquid.
As a gas, it is corrosive and has a pungent, noxious odor. It has solubility in water of 0.72 mg/L at 20' C
and is available at a commercial strength of 99.8% chlorine.
CAS NO.: 7782-50-5
Purity Requirements
Chlorine shall be no less than 99.5% pure by volume as obtained from vaporized liquid chlorine, and
suitable for the treatment of water, wastewater, and industrial wastes. Chlorine shall conform to AW WA
Standard B301-10 or the latest revision thereof. The vendor must furnish an affidavit attesting to
compliance with this standard along with a certified analysis of the liquid chlorine.
Regulatory Requirements
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 Sanitation Foundation (ANSI/NSF) Standard 60 for direct additives and ANSI/NSF 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 vendor must provide proof of this
certification to the City of Lubbock Water Treatment Department with the bid.
uanti
Anticipated annual consumption will be 285 tons more or less at the Lubbock Water Treatment Plant.
Delivery
Chlorine shall be supplied in one (1) ton cylinders. The cylinders shall be reconditioned, maintained,
loaded/unloaded in strict accordance with the latest edition of "Cylinder Procedure at Chlorine
Packaging Plants", and issued by the Chlorine Institute, Inc. Each cylinders shall have the tare weight
clearly stamped into the cylinders wall and marked. All cylinders loading and unloading is to be
performed by the driver while providing maximum safety, and under direction of operations personnel.
All delivery people will display photo security ID upon arrival at the site. All delivery people will be
identified by the company before arrival at the site, preferably at the time an 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.
Pricing
Pricing for liquid chlorine shall be for a term of one year with the option of two, one year extensions
with the written consent of both parties. Prices quoted shall be per ton FOB City of Lubbock Water
Treatment Plant and FOB Sudan Pump Station. If demurrage on cylinders is applicable, a copy of
demurrage rates shall be attached to the bid. Demurrage will be a factor in the awarding of the bid. Listed
quantities are estimates only for pricing purposes. Actual usage may vary.
S: Purchase/Bid DOGS/M 17-13147-KM, Liquid Chlorine
31
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-142744
DPC Industries, Inc.
Houston, TX United States
Date Filed:
12/05/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock, Texas
Date Acknowledged:
12/13/2016
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Bid # 17-13147-KM
Chlorine Tons
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
I Intermediary
Morian, S. Reed
Houston, TX United States
X
Morian, S. C.
Houston, TX United States
X
Karm, R. C.
Houston, TX United States
X
Ingram, William E.
Houston, TX United States
X
Hixon, William L.
Houston, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the
day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath
Title of officer administering oath
runny NiuViueu uy 1 exas cuucs Uornrnission www.etnics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES FORM 3.295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties
CERTIFICATION OF FILING
Certificate Number:
2016-142744
i Name of business entity filing form, and the city, state and country of the business entity's place
of business.
DPC Industries, Inc.
Houston, TX United States
Date Filed:
12/05/2016
Name of governmental en ty or state agency that is a party to the contract for which the forms
being filed.
City of Lubbock, Texas
Date Acknowledged:
3 Provide the Identificatlon number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract
Bid Al 17-13147-KM
Chlorine Tons
4
Name of interested Party
City, State, Country (place of business)
Nature of Interest
(Check applicable)
Controlling
Intermediary
Morian, S. Reed
Houston, TX United States
X
Morian, S. C.
Houston, TX United States
X
Karm, R. C.
Houston, TX United States
X
Ingram, William E.
Houston, TX United States
X
Hixon, William L.
Houston, TX United States
X
5 Check only if there Is NO Interested Party. a
6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
BEVERLEY 5. BATES
Notary Public, State of TexaspComm Ex ires 02-0B-20t9
e
Notary ID 12446160-0
nature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said William E. Ingram, CFO this the 5th day of December
2016 to certify which, witness my hand and seal of office.
4 4
&-,WA &//, J f Z 7i0'A_ Beverley S. Bates, Notary ID # 12446160-0
administering oath Printed name of officer administering oath Title of officer administering oath
Signature or 77
V,,,— -r I _A.. �a %.Ulinuiaaiun www.emics.state.ot.us Version V1.0,277