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R2020-018 2020-01-27RESOLUTION NO. R2020-18 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract with NAPCO Chemical Company, Inc., for the purchase of sodium bisulfite liquid to serve various City water reclamation facilities, in the estimated amount of $75,800.00, for the period of February 11, 2020 through February 10, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: S ection 1. That the City previously obtained competitive bids for the purchase of sodium bisulfite liquid S ection 2. That the City Council hereby renews a unit supply contract with NAPCO Chemical Company, Inc., in the unit price amounts reflected in Exhibit "A" attached hereto. S ection 3. The City Manager or his designee is hereby authorized to execute a unit supply contract for the purchase of sodium bisulfite liquid to serve various City reclamation facilities. PASSED, APPROVED and ADOPTED this the 27th day of January, A.D., 2020. ATTEST: 124 CRYSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: C344....:- ea, DARRIN M. COKER CITY ATTORNEY t.1111 TO RE1 D MAYOR •••°•®j 4.4009.04.+" Exhibit A Bid # 1219-14 Title Wastewater Sodium Bisulfite Line Items Poolsure / Purfy (Commerical Chemacal Products, Inc ) NAPCO Chemmcal Company, Inc. Unit Extended Unit Extended Line Description UOM QTY 1 Liquid Sodium Bisulfite, 40% Solution. EA 40000 $1.07 $42,80000 Enter a price per gallon for a truckload. 2 EA 20000 $1.59 $31,800.00 $1.65 $33,000.00 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for LESS than a truckload. Exhibit A Bid # 1219-14 Title Wastewater Sodium Bisulfite Line Items Poolsure / Purify (Commerical Chemical Products, Inc ) NAPCO Chemical Company, Inc. Unit Extended Unit Extended Line Description - UOM QTY 1 EA 40000 $1.07 • • $42;800.00 Liquid. Sodium Bisulfite, 40% Solution. Enter a price per gallon for a truckload. 2 Liquid Enter Sodium Bisulfite, 40% for LESS Solution. than EA 20000 $1.59 $31,800.00 $1.65 . . $33,000.00 . a price per gallon a truckload. City of Pearland 3519 Liberty Drive Pearland, TX 77581 General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: I. Summary of Contract Terms 11. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments 1. Summary of Contract Terms. Contractor: Description of Services: Contract Type: Effective Date: Termination Date: Renewal Napco Chemical Company PO Box 1239 Spring, TX. 77383 Contractor will provide sodium bisulfate liquid for the City of Pearland's Water Reclamation Facilities (WRF), as needed, per the specifications of Bid # 1219-14, Resolution # R2020--18. Unit Price Contract, Estimated Amount of $75,800. February 11, 2020 February 10, 2021 One renewal options available, upon the mutual agreement of both parties. 11. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF P BLAND: 4, tit of/Purch"ming Manager 'l *Signed by: [sate: /City Manager Assistant City Manager Director Superintendent/Manager Contract Signature Authority: Superintendent/Manager -$5,999 or less Director -4 $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $5Q000 City Council Resolution - $50,000+ Page 1 of 4 this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City The City has no right to supervise, direct or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures, The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one- half of the mediator's fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Documents: 1. The contractor's response to Bid # 1219-14 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). B. City's Additional Contract Documents: 1. Scope of Services as listed on the attached. CITY OF PEARLAND PUBLIC WORKS DEPARTMENT 3501 E. Orange St. Pea Hand, Texas 77581 General Services Contract Amendment For Sodium Bisulfate for Water Reclamation Facilities Date of Issuance: 12/10/2020 Amendment No: 1 Contractor: Napco Chemical Company PO#: 2020-00001584 (R2020-18) Explanation for Amendment: This Amendment encompasses the following: Additional funds needed for Sodium Bisulfate due to high usage caused by Covid-19 pandemic. Description of Work Cost Time 1. Increase in Sodium Bisulfate needs due to pandemic $ 17,426.10 365 Days Please attach back-up documentation Cost & Time Change Summary: Cost Time Original Contract: $ 75,800.00 365 Days Previous Amendment(s): Net increase (decrease) from this Amendment: Revised Contract: $0 $ 17,426.10 $ 93,226.10 Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: John D'3'12'>ji1;redtri John 1, avier- D't cr-hhn 1,'ccnte r, o-Gty of Fezv Iz nd, ocrFln2nce. Metamer en,21pe27zndtcgow,c-US (Mc020.2.I611.27133.0.5'0), 12/16/2020 CONTRACTOR**: 0 Days 0 Days 365 Days Asst. Finance Director Da e Titl Date: *Signe by: Date: /Ja l 70. Z6 Zito City Manager v-eAssistant City Manager Director Superintendent/Manager *Contract Signature Authority: ZcN 12A- «. -1"-2-a 4N) Ali et Superintendent/Manager 45,999 or less Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ ** Contractor agrees to perform change(s) included in this Contract Amendment liar the price, scope and/or time indicated. The prices liar changes include all costs associated \vith this Contract Amendment. No work shall he performed until this Amendment is executed and a changed purchase order has been issued by the City. (Upon execution by all parties, the changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract, and all other provisions of the original contract shall remain in full force and effect. (iSA Amendment 1 oil 4/2019 12/09/20 07:39:39 AM Printed By: Danielle Judge Jfl oice N Customer 11 : 217649 219378 221908 222993 223279 225773 228165 228165 229180 2301116 230107 232211) 233702 235172 236137 236137 236137 Tri Date 1/14/2020 2/17/2020 3/30/2020 4/20/2020 4/24/2020 5/29/2020 6/30/2020 6/30/2020 7/21/2020 7/31/2020 7/31/2020 8/31/2020 9/25/2020 10/19/2020 10/30/2020 10/30/2020 10/30/2020 Napco Chemical Company, Inc. Customer Transactions Barry Rose SO It Jtcm t! Description 0(12894 (City of Pcarland SIP) Barrs' hose NAP-lX'11I.0-Tl, Bisulfites,aqucous solutions,n.o.s: NAP-DCIII.0.77, I3isulfitcs,aqucous solutions,n.o.s: NAP-1X'I11.O-11, I3isulfttes,aqucous solutions,n.o.s: NAI'•I31.I1.A-12.511. llypochlorite solutions (Sodium NAP-DC1I1.0-TI, I3isulfites,aqueous solutions,n.o.s: NAP -1X'111.0 -TI, 131sulfitcs,aqueous solutions,n.o.s: MIS(' Restocking Fec NAP-)X'I ILO -i 1. I3isulfitcs,aqucous solutions,n.o.s.- NAP-IX'1II.()-11, i3isulfitcs,aqucous solutions,n.o.s - NAP-IX'111.0-T1, I3isulfitcs,aqueous solutions,n.o.s: NAP-I)CI 11.0-11. I3isulfitcs,aqueous solutions,n.o.s: NAP-I)C 111.0-11, I3isulfitcs,aqueous solutions,n.o.s.- NAI'-1X'111.0-1I, Bisulfites,aqucous solutions,n.o.s: NAP -DC 111.0-T1, I3isulfitcs,aqucous solutions,n.o.s: IWMI JRRAGE/FER Restocking Fee NAP-IX'111.0- I1. I3isulfites,aqucous solutions,n.o.s - SHIP Freight attempt on 10/27 for Total for this Report : 1.12111 Shin Oh' Gallon 4,363.6300 Gallon 4,361.8100 Gallon 4,376.3600 Gallon 4,425.14 Gallon 4,370.9000 Gallon 4,369.0900 EACII 1 Gallon 4,105.4500 Gallon 4,356.3600 Gallon 4,380.0000 Gallon 4,400.0000 Gallon 4,356.3600 Gallon 4,358.1800 Gallon 4,378.1800 EACH 1 Gallon 4,385.4500 EACII 1 Page 1 of 3 Unit Price Net Price 1.07 1.07 1.07 0.85 1.07 1.07 250.00 1.07 1.07 1.07 1.07 1.07 1.07 1.07 250.00 1.07 698.50 -8,601.98 Pending BOL #595105 (attached) amount needs to be added - S4,676.86 4,669.08 4,667.14 4,682.71 3,761.37 4,676.86 4,674.93 250.00 4,392.83 4,661.31 4,686.60 4,708.00 4,661.31 4,663.25 4,684.65 250.00 4,692.43 698.50 65.480.97 Remove Amount - Prior to current contract Item should not reflect aaainst the contract amount Item should not reflect aaainst the contract amount Item should not reflect aaainst the contract amount Item should not reflect aaainst the contract amount S60.528.88 with all necessary adjustments 12/09/20 07:39:39 AM Printed 13y: Danielle Judge Invoice 4 Trs Date Customer IY : 219170 221909 223664 225818 228079 232070 237499 237499 2/12/2020 3/30/2020 4/30/2020 5/29/2020 6/30/2020 8/31 /2020 11/25/2020 11/25/2020 Napco Chemical Company, Inc. Customer Transactions Longwood SO 4 Jiem 4 Jkscrintiotl O02K')4 (City of I'rarlulld S I1') 14miin\ixxl Total for this Report : Detail Report Sorted by Customer ti + Invoice 11 NAI' -1X21 11.()-11, NAP -(X'111.0 -1L NAP -D CI11.0-11, NAP -Del 11.041, NAP -Dein -0:M NAP -1X'111;071. DEMURRAGE/HE NAP -1)C I ILO -TL I3isulftes,agticous solulions ,n.o.s.- 13i sulfitcs,aqucous solutions,n.o.s.- I3isultites,aqueous solutions,n.o.s.- I3isuliitcs,aqueous solutions,n.o.s.- 13isulfites,aqucous solutions,n.o.s.- I3isulfites,aqucous solutions,n.o.s.- Ienlurrage/Driye. by Fcc 13isulfitcs,aqucous solutions ,n.o.s.- spccdie Opti'n(s) 1.) Imroice and Payment Transactacns 2) Voided Insokes Not Include! '1 na."1 Dnm..nt• Nita /AA d„ 4 CRITERIA U of M Gallon Gallon Gallon Gallon Gallon Gallon U1CIH Gallon Shin Oh. 4,327.2700 4,363.6300 4,380.0000 4,363.6300 4,365.4500 4,381.8100 1 4,376.3600 Fi2er(s) Cudctn r a. •002894 • Trar+adn-m Dne From 01.411/20 l.'rJil 12/ir)120 Page 1 of 1 Unit Price 1.07 1.07 1.07 1.07 1.07 1.07 85.00 1.07 Net Price 4,630.18 4,669.08 4,686.60 4,669.08 4,671.03 4,688.54 85.00 4,682.71 32,782.22 Item should not reflect aaainst the contract amount $32,697.22 with item removed opf.csA ktg \ik From: Southern Ionics Incorporated 12901 Bav Park Rd. Pasadena, TX 77507 Straight Bill ©f Lading - Short Forth - Original - Not Negotiable Ship To: N/\PCO Barry Rose STP City of Pearland 1902 1/2 Barry Rose Road Pearland, TX 77581 Certified to NSF/ANSI 60 Maximum Use Level 50 mg/I B/L 1 Order it: 696105 B/L / Ship Date: 12/02/2020 Delivery Date: 12/02/2020 Gross: %G,26o Tare: 29, lQ0 Net: t/8 080 • OUST. I/ W/H PO NUMBER RELEASE # FREIGHT FOB REMARK SHIP VIA [ DEL. TYPE SEAL NUMBER 5053-1 45 21063 Prepaid Delivered Truck Regular 9 6 40 7 er 0 � 6D RAILCAR / VEHICLE NUMBER QTY.ORDERED PACKAGING HM DESCRIPTION !genic), 48,000.00 48000.00 Ib X RQ UN 2693, Tank Truck Bisulfites, aqueous solutions, n.o.s. (Contains: Sodium Bisulfate) 8 -Corrosive . PGIII, Sodium Bisulfate 40%isRM 9-40 O rue c 4 G'i r.t. Line Item Remarks: 12) Delivery Contacts: NAPCO Jud Rodriquez 832-585-3278 BARRY ROSE Armand Frazier 281-9248316, mobile 832-212-3575 LONGWOOD Alonso Garza 281-924-8316 n, b % Assay General Remarks: 'DELIVER BETWEEN 7AM-11 AM RECEIVED, subject to the classifications and lawfully filed tariffs in effect on the date of the issue of this Bill of Lading, the property described above in apparent good order, except as noted (contents and condi contents of packages unknown), marked,consigned, and destined as indicated above which said carrier (the word carrier being understood throughout this contract as meaning any person or corporation in pos. properly under the contract) agrees to carry to its usual place of delivery at said destination, if on its route, otherwise to deliver to another carrier on the route to said destination II is mutually agreed as to each i property over all or any portion of said route to destination and as to each party at any time Interested in all or any said property, that every service to be perfomed hereunder shall be subject to all the bill of ladi conditions in the governing classification on the date of shipment. Shipper hereby certifies that he is familiar with all the bill of lading terms and conditions in the governing classification and the said terms and ( This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition lc transportation according to the applicable regulation of the Department of Transportation Subject to Section 7 of the conditions, if the shipment is to be delivered to the consignee without recourse on the consignor, the consignor shall If the shipment moves between hvo ports a carrier by water, the law requires Ilial bill of lading shall slato whether itis •carriers or shipper's ewheth by the Sh•ppl et .: sign the following statement: The carrier shall not make delivery of this shipment without payment of South in Ionics Inco -p ate freight and all other lawful charges. Time In: PER: ., 0 30 Permanent Post offi a Of Siilppe P.O. Drawer 1217 CARRIER: SII `�� Time Out: West Point, MS 39773 — — — BY: _L (( DATE: --Q ) < CA `� FOR CHEMICAL EMERGENCY CALL: RECEIVER: Demurrage: CHEMTRIEC - 800 - 424 - 9300 BY: i l DATE: fib' I/���1f.ue7 1 1 7- 2L O Page 1 of 1 _