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R09-140 II 1 2 RESOLUTION NO. R09- 140 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE "PIGGY-BACK" OF A CITY OF 7 POMPANO BEACH CONTRACT BID #H-45-08 WITH 8 NALCO COMPANY OF NAPERVILLE, ILLINOIS, 9 FOR THE PURCHASE OF ANTI-SCALANT; 10 AUTHORIZING THE MAYOR AND CITY CLERK 11 TO EXECUTE A CONTRACT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, City staff has confirmed that the City of Pompano Beach has 15 complied with Public Contract Bid requirements which equal or exceed the City of 16 Boynton Beach's requirements; and 17 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" 18. a City of Pompano Beach Contract Bid #H-45-08 and authorizes the Mayor and City Clerk 19 : to sign a Contract with NALCO Company of Naperville, Illinois for the purchase of anti- 20 sealant for the West Water Treatment Plant. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 approves the "piggy -back" of a City of Pompano Beach Contract Bid #H-45-08 and 28 authorizes the Mayor and City Clerk to sign a Contract with NALCO Company of 29 Naperville, Illinois for purchase of anti-sealant for use at the West Water Treatment Plant, S:\CA\RESO\Agreements\Bid Awards\Piggy-Back PB - Nalco.doc JI a copy of the Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. / +h PASSED AND ADOPTED this 10 day of October, 2009. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 27 28 29 30 ( 31 COIl}missioner - Ronald Weiland Commissioner - J.ose drigut;? / .. :/ C:::~:z-.. Commissioner - Marlene Ross S:\CA\RESO\Agreements\Bid Awards\Piggy.Sack PB - Nalco.doc R 0'1 - ILJo CONTRACT FOR THE PURCHASE OF ANTI-SCALANT This Agreement is made as of this ~ day of N'J\Jtrnhv, 2009 by and between NALCO COMPANY, of Naperville, Illinois, a foreign corporation authorized to do business in the State of Florida, with offices at ]60] West Diehl Road, Naperville, Illinois 60563-1198 ("NALCO"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, NALCO, submitted a letter proposal dated August 29, 2009 to the City for the purchase of anti-scalant by the City for an annual expenditure of $98,000.00 at prices, terms and conditions based on City of Pompano Beach Contract Bid #H-45-08; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section I. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and NALCO, agree that NALCO shall provide anti-scalant to the City pursuant to NALCO'S letter proposal dated August 29, 2009 and incorporating the terms and conditions for performance as set forth in City of Pompano Beach Contract Bid #H-45-08, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: ,) A. All references to the City of Pompano Beach shall be deemed as references ~the:::::: City of Boynton Beach. :z: :~;;:< o ....,," < ,-, B. All Notices to the City shall be sent to: I . .... (J~! '....:1 \D ", ><::e. City: Kurt Bressner, City Manager " 'I'}-i :x ~. C~ City of Boynton Beach O;J; &" ~ro ., 100 East Boynton Beach Boulevard w --;/T1 <:"1>:> Boynton Beach, Florida 33435 0' me"} :%: Telephone: (56]) 742-60]0 I Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The letter proposal fro m NALCO dated August 29, 2009, is attached hereto Exhibit "B". Page I S \CA\AGMTS\Piggyback (PB - Nalco Anli-scalant),doc Section 3. In the event that the City of Pompano Beach Contract is amended, or terminated, NALCO shall notify the City within ten (10) days. In the event the City of Pompano Beach Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The NALCO agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate ofInsurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Pompano Beach Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: ~'tn.~ Cit Clerk /7 APPROV!O AS;r6 FORM: C~ /' /' James A. Chero 19tf Attorney WITNESSES: /~kf ATTEST: SECRETARY S'\CA\AGMTS\Piggyhack (PB - Nalco Antl-scalant).doc CITY OF BOYNTON BEACH, FLORIDA .' "J // /.;- / ' " BY:,I leI ,:..:~/.. ;~ :/f(U~ PnntName: .tc..th,-t S\- 'JUl.'" Title: -"..(\", ...(. '.. )Jo Page 2 EXHIBIT A AGREEMENT BETWEEN CITY OF POMPANO BEACH AND NALCO COMPANY Page 3 S:\CA\AGMTS\Piggyback (PB - Nalco Anli-scalanO.doc ~ I ACORDe CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 DA.TE'MMlDDIYVYYj ~ 10/23/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Illinois. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. o. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAICtI - - INSURED Naleo Company INSURER A National Union Fire InliluranciI CO.of Pitta 19445-001 Corp. Ins. ~ Risk Ngmt. INSURERB: Insurance ~anv of The St.t~ of PA 19429-002 1601 W.at Diehl Road Naperville, IL 60563 INSURERC: New Hamnab.ire Inaurance Com'DAnV 23841-001 INSURERD. --- - INSURERE" COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~'L TYPE OF INSURANCE POLICY NUMBER ~~f,l.~~W~~ Pft~I.&,g~~~ I LIMITS LT N R A X ~NERAL LIABILITY 0907246 3/1/2009 3/1/2010 I EACH OCCURRENCE I 3 000 000 J1- :::]MMERCIAL GENERAL LIABILITY ' ~~~~!9~~~gncel I 50 000 - _ . CLAIMS MADE [i] OCCUR MED EXP (Any one person) I 5 000 - , : ~~SONAL & ADV INJURY I 3 000 000 GENERAL AGGREGATE I 6 000 000 i~~'~AGG~nE~UMIT AP~SPER; , PRODUCTS - COMPIOP AGG I 6 000 000 X POLlCY ~~ LOC A , X ~OMOBILE LIABILITY (AOS) 0907444 3/1/2009 3/1/2010 COMBINED SINGLE LIMIT I 2,000,000 A X JL ANY AUTO (MAl 0907445 ,3/1/2009 3/1/2010 (EaacclI:Sent) A i X - ALL OWNED AUTOS (VAl 0907446 3/1/2009 3/1/2010 BODILYINJURY 'I SCHEDULED AUTOS I (Per person) - ~--_._- i HIRED AUTOS BODILY INJURY (Per accident) I ,- NON.OWNED AUTOS '- , PROPERTY DAMAGE I i (Peraccident) ~ GARAGE LIABILITY AUTO ONLY - EAACCIDENT I ~ ANY AUTO 1 OTHER THAN EAACC $ , , i AUTO ONLY' AGG I ~ESS I UMBRELLA LIABILITY EACH OCCURRENCE I ~ OCCUR C CLAIMS MADE AGGREGATE I I =1 ~EDUCTlBlE - ~ , RETENTION I 'I B WORKERS COMPENSATION 3566953 3/1/2009 3/1/2010 X I T'1:;~ItJ;~s IO~~- ~~_ .___ m._.".._ _~___. AND EMPLOYERS' LIABILITY YIN C ANY PROPRIETOR/PARTNER/EXECUTIVE =:J 3566954 3/1/2009 3/1/2010 EL EACH ACCIDENT I 2 000 000 OFFICER/MEMBER EXCLUDED,? 3/1/2009 3/1/2010 E.L. DISEASE- EAEMPLOYEE; $ C (Man"-toryin NH) 3566955 2 000 000 C ~~~r.~~rs~~s below 3566'56 '3/1/200' 31112010 E.L. DISEASE - POLICY LIMIT : $ 2 000 000 A OTHER O~u'nu !3/1/2009 3/: General Liability policy Limit. Commercial General Liab. are in Exces. of . $2,000,000 i Self-Insured Retention , Per Occurrence DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICL.ES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED, 2/25/2009 WITH ID, 12185168 SEE ATTACHED CERTIFICATE HOLDER CANCELLATION I!ION-PAYXDI'l" STA'nlTORY SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSUftER WILL ENDEAVOR TO MAIL ~ DAYS WftlTTEN NOTICE TO THE CEftTIFICATE HOLDEft NAMED TO THE LEFT, BUT FAILUftE TO DO SO SHALL City of Boynton Beach IMPOSE NO OBLIGATION Oft LIABILITY OF ANY KIND UPON THE INSURER, rrs AGENTS OR 100 B. Boynton Beach Blvd. REPRESENTATIVES. P. O. Box 310 A::;;:EDREPRESENTATIVE Boynton Beach, FL 33425-0310 , ~. /I .. ~ .. ACORD 25 (2009/01) Co11,2843688 Tp1,893028 Cert,13287449 @1988-2009ACORDCORPORATION.AII rights reserved. The ACORD name and logo are registered marks of ACORD willis CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 I DATE 10/23/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Illinois, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Na.hville, TN 37230-5191 ' INSURERS AFFORDING COVERAGE NAICtI on__ INSURED Naleo Company INSURERA.National Union Fire Insurance Co.of Pitts 19445-001 Corp. Ins. M Risk Ngmt. !N_S~RERB' Insurance Company of The. State of PA 19429-002 1601 We.t Diehl Road Naperville. IL 60563 I~SURERC: New H8IDP8hire Insurance Company 23841-001 INSURERD: INSURER E: DESCRIPTION OF OPERA lIONS/L.OCA TIONSNE HLCLES/EXCL.US10NS ADD ED BY EN DORSEMENTISPEC IAI.. PROVISIONS Worker's Compensation: Policy #3566959, Illinois National Insurance Company Policy dates, 03/01/09 to 03/01/10 Limits: EL Bach Accident $2,000,000. BL Disease-Ba. Employee $2,000,000. EL Disease-Policy Limit $2,000,000. Worker's Compensation: Policy #3566957, New Hampshire Insurance Company Policy dates: 03/01/09 to 03/01/10 Limits: BL Each Accident $2,000,000. BL Disease-Ba. Employee $2,000,000. BL Disease-Policy Limit $2,000,000. Worker's Compensation: Policy #3566958, New Hampshire Insurance Company Policy dates: 03/01/09 to 03/01/10 Limits: BL Bach Accident $2,000,000. BL Disease-Ba. Employee $2,000,000. BL Disease-Policy Limit $2,000,000. Workers Compensation Policies By State: #3566953 - All Other States #3566954 - TX #3566955 - FL #3566956 - CA #3566957 - ND, OH, WA, WI, WV, WY #3566958 - OR #3566959 - IL, MA, NY Workers Compensation Coverage: THE PROPRIETOR/ PARTNERS/EXECUTIVE ARE, INCLUDED City of Boynton Beach is named as Additional Insured, except under Worker's Compensation, with respect to liability arising out of the negligence of the Named Insured perfor.ming operations for the Certificate Holder within the contract period. Co11,2843688 Tp1,893028 Cert,13287449 . Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Co11,2843688 rp1,893028 Cert,13287449 01/14/2009 13:19 9547864168 COPB PURCHASING PAGE 02/02 i I City of Pompano Beach, Purchasi.ng Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 PampllnQR_1IOh ~"&"ft"Z_ INIIllIICICIII , , II ~.' 2005 January 14, 2009 Patrick St. Jules, Inside Sales Rep. Nalco Company 1601 W. Diehl Rd. Naperville, II, 60563 Via Facsimile (630) 305-2646 Dear Mr. St. Jules, The City Commission, at their January 13 meeting, agenda item #1, approved award ofa contract to your company for the following: Bid H-45-08, Antiscalant , I. The contract period shaU be onc year, through January 12,2010. The City will place orders for anti sealant as needed at the unit price bid throughout the contract period. The specifications, terms, and conditions ofthe Bid shall remain finn for thc in.itial. contract period, and any renewal period. Contract renewal may be made as per the terms contained in the bid document. A1l required by the Bid specifications, please forward current ;nsural'lCe certificates to the Purchasing office within ten (10) days ofrcceipt of this letter. I have enclosed a copy of the Insurance section from the Bid for your reference. Please have your insurance agent fax copies of the certificate(B) to the Purchasing office at (954) 786-4168, and mail the current certificatc(s) to City of Pompano Beach, Attention Risk Manager, 100 West Atlantic Boulevard, Pompano Beach, Florida, 33060. After the insurance certificatc has been approved by the Risk Manager a Purchase Order will be isslled for the proj ect. If you havc questions regarding the terms of the contract, please telephone me at (954) 786-4098. Thank you. Very truly yours, ~?i~ Leeta Hardin General Services Director enclosure ~~ \ cc: Don Bayler, Utilities file Ill) fL-XfJ /15 II ~ 1/1 ,.." " N NALCO (2) (2) Q) (j) (g) ([;) Engineering Service Department Graphic Report Form Company Address Date City Subject Slate Zip ~ I ,-0/1/ cffA/'JIfA/l (pl) / /2E"cdV.c r2 y c't'/<... C / / By jO C4t.,CvUiY ;(€:LOV~/Z/ UDr./C- /7l':ifS'-#'? )N~C rL..ffI.V >-v /-(;L<:YliJHtE'T'Crz. /Z ~ C CI/f..fJ J7 elf? S-v T j)::)~4dt!. /N.::rE c;- /.Yo - J.IJD .-c..c.. sP' C(J'dl./c~re /AJ'/'o CELL. I2.Lccr~LJ C67t./cff~~ Pc - Ih'O" uos-1~~ JJoS-A6'~ (C~ ])0 <;;.4, elf: C,c-~) Ck(.CcJLkT[; ~'f D( Vi DI tJ if- CoNctSJTfAi(;; BL( p-ee-f) f){)~/tb r; (CF) CF- / . Co tuL- gJ/ f.A Tl D,v ?frLID(L. 7)c'v 5 A-C; b- R-f;LOOJekZ-j ..<- LF- NOTE: Drawings should show dimenSions clearly and accurately at all pertinent points. Form 148 (2-Q4j Nalco Company 1601 West Diehl Road' Naperville.IL60563-119a . . ~ ~ ~. '" Phone: (954) 545-7016 City of Pompano Beach UTILITIES TREATMENT PLANT MEMORANDUM NO. 09-07 Fax: (954) 545-7046 DATE: December 8, 2008 . . .-.~ ~!I. I<t',.. '; ..::.!) ..... TO: Leeta Hardin, General Services Director AUG 1 4 2009 VIA: A. Randolph Brown, Utilities Director ,..t:,rr:tTJ 2.')C1-[ 1'tt FROM: Don Bayler, Utilities Treatment Plants Superintendent SUBJECT: Recommendation to Purchase Antiscalant ISSUE: The City of Pompano Beach, Utilities Department requires anti-sealant for the membrane treatment process to ensure the removed dissolved solids (concentrate) does not plate out onto the membranes making the membranes ineffective. Presently the Utilities Department uses a combination of sulfuric acid and an anti-scalant to reduce plating of the membranes. This past year the cost of sulfuric acid has increased five (5) fold from $65.00/ton to $303.00/ton. At the time the Commission awarded the sulfuric acid bid, the Utilities Department stated they were investigating other options in lieu of using sulfuric acid. The anti-scalant bid proposal before the City Commission will reduce the need of using sulfuric acid by 75% or more, and will continually monitor and control the anti-scalant dosage in the source water going to the membrane treatment units, further protecting the expensive membranes. EXPLANATION: Three (3) vendors submitted written bid proposals to the City's Purchasing Department for an annual contract to purchase anti-scalant. The bid specifications have several special conditions all of which are important, three (3) of which are critical. The three critical special conditions are; localized testing of the product with reduced or no sulfuric acid, the anti-scalant's physical and chemical properties and the monitoring and control equipment needed to protect the membranes should the anti-sealant fail to feed properly. The three critical special conditions are discussed as follows: Local testing of the product with reduced or no sulfuric acid: Only the Nalco Company product has been tested locally with reduced or no acid. The Utilities that use or are testing this product are the Cities of Plantation, Miramar, Hallandale and Fort Lauderdale. Furthermore, it is very significant that the City of Plantation has used this product for more than ten (10) years without the need to use sulfuric acid. All of these Utilities' source waters are similar to the City of Pompano Beach's source water. More importantly, using a two stage membrane testing unit the Utilities Department has tested this product for more than six (6) months, slowly reducing the sulfuric acid to zero, with very good results. G:\Waler Planl\MEMOS\20Q9\09-o7doc The physical and chemical properties of the product: All vendors submitted a material safety data sheet (MSDS) summarizing their anti-sealant physical and chemical properties. Only the Nalco product complies with the special conditions. The Nalco product is a base product, above a pH of 7. The other two products submitted are acids, below a pH of 7. Furthermore, the other products have a lower specific gravity and the product vendors recommend a higher dosage requirement. The monitoring and control equipment to protect the membranes: Only the Nalco product has the ability to protect the membranes by monitoring and controlling the actual dosage of the anti-sealant going to the membrane treatment units. The other manufactures recommend monitoring the flow of the anti-sealant leaving the metering pump(s). This method of monitoring, should a break or blockage occur in the anti-sealant feed line may not be detected quickly enough to protect the membranes. The anti-sealant would not feed to the source water going to the membrane treatment units substantially increasing the potential of damaging the valuable membranes. Based on the information received in the bid packages there is only one product that meets the bid package special conditions, and that is the Nalco Company 1850T anti-sealant. Be advised the Utilities Department has a two (2) stage membrane test skid and the Department encourages product testing. More product approvals allow for more competitive pricing. Recommendation: Based on the above product summary review and the attached "Product Comparison and Specification Compliance Chart" there is only one responsive bidder, and that is the Nalco Company with the 1850T anti-sealant. While product pricing is higher than the previous anti- sealant bid ($0.62/lbs vs. $1.19/lbs) the required dosage is almost halved (4mg/L vs. 2.5mg/L) effectively costing the Utilities Department about the same. Additionally, there is a reduction in the use of sulfuric acid by at least 75%, saving the Department approximately $210,500.00 annually. The Utilities Department recommends awarding Nalco Company as the Utilities Department's supplier of anti-sealant as addressed in Bid No. H-45-08. The estimated annual cost for the anti- sealant is $80,000.00. Funding is available in the water treatment plant chemical account, number 412-3320-533-52-05. G:\Water Plant\PJIEMOS\2009\09-07,doc Mee~~~~ 1/13/09 (leu< It-fPfbu~D Agenda Item 1- I~ -01 REQUESTED COMMISSION ACTION: Consent Ordinance Resolution Consideration/Discussion _ Workshop SHORT TITLE Approval to award Bid H-45-08, Antiscalant, to the low responsive bidder, Nalco Company, for an annual open-end contract, at an estimated cost of $80,000.00 per year, to be paid for from the Water Treatment budget. Summary of Purpose and Why: Bid H-45-08 was issued to establish an annual, open-end contract for the purchase of antiscalant chemical, as needed, for use in the Water Treatment Plant. Bid award is recommended to the lowest bidder complying with specifications, Nalco Company, at the unit price bid. The contract period is one year, commencing upon award, with contract renewal possible as stated in the bid specifications. Based on the estimated quantity of chemical required, and the unit price submitted by the recommended bidder, annual expenditures may total $80,000.00. City Commission approval of this contract award is requested. (1) Origin of request for this action: Staff - (2) Primary staff contact:: A. Randolph Brown, Utilities Director 954 545-7044 ( 3) Expiration of contract, if applicable: see above -. (4) Fiscal impact and source of funding: As needed, from bud~eted funds in account 412-3320-533.52-05, Utilities FundlWater Treatment/Chemicals. DEPARTMENTAL COORDINATION Utilities General Services Budget Finance DATE DEPARTMENTAL RECOMMENDATION DEPARTMENTAL HEAD SIGNATURE ;1..1) 116'6 ~PfJ'm.'-l ~(HCL{&-:- Advisory Board ~ City Manager ACTION TAKEN BY COMMISSION: Ordinance Resolution Workshop 1st Reading 151 Reading Consideration Results: Results: .no Reading COpy MEMORANDUM Purchasing #09-027 December 31, 2008 To: Keith Chadwell, City Manager Leeta Hardin, General Services Director ~> Award Bid H-45-08, Antiscalant From: Subj ect: Contract NeedlBackground Bid H-45-08 was issued to establish an annual, open-end contract for the purchase of antiscalant, as needed, to be used at the water treatment plant. The Utilities Director recommends the contract be awarded to Na1co Company, the lowest bidder meeting specifications, as detailed in the attached memorandum. Attached you will find copies of the memorandum and bid award recommendation form' submitted by the Utilities Department, the bid tabulation, and bid solicitation document. Also attached are memoranda from the Utilities Department and the City Attorney's Office regarding the indemnification clause applicable to this bid award, and the letter from the recommended bidder, Nalco, agreeing to the clause. ( Bidders List The Bidders List was created by using companies suggested by the requesting department, companies that have responded to prior bids, companies that have requested their names be placed on the Bid List, and companies from appropriate listings in other source books. Number of firms obtaining the solicitation Number of firms submitting responsive bids 15 3 Advertising The Bid was advertised in the Sun Sentinel, and notices were sent to bid notice agencies throughout the nation. Bid notices are also posted on the City's web page. Funding The annual value of this contract, based on the unit price from the recommended bidder, and the estimated quantity of chemical to be used annually, may total $80,000.00. Antiscalant will be ordered, as needed, from budgeted funds in account 412-3320-533.52- 05 Utilities Fund/Water Treatment/Chemicals. , Purchasing #09-027 Page 2 December 31, 2008 A ward Recommendation It is recommended that a one-year contract award be made to the low responsive bidder, Nalco Company, at the unit price bid. tract period will be one (1) year, commencing upon award, wi ossible renew ,subject to the terms and conditions contained in the bid specifications. lib enclosures cc: file I \ Phone: (954) 545-7016 City of Pompano Beach UTILITIES TREATMENT PLANT MEMORANDUM NO. 09-07 Fax: (954) 545-7046 DATE: December 8, 2008 TO: FROM: Leeta Hardin, General Services Direct{id- A. Randolph Brown, Utilities Director Don Bayler, Utilities Treatment Plants superintende~ Recommendation to Purchase Antiscalant " VIA: SUBJECT: ISSUE: The City of Pompano Beach, Utilities Department requires anti-sealant for the membrane treatment process to ensure the removed dissolved solids (concentrate) does not plate out onto the membranes making the membranes ineffective. Presently the Utilities Department uses a combination of sulfuric acid and an anti-scalant to reduce plating of the membranes. This past year the cost of sulfuric acid has increased five (5) fold from $65.00/ton to $303.00/ton. At the time the Commission awarded the sulfuric acid bid, the Utilities Department stated they were investigating other options in lieu of using sulfuric acid. The anti-scalant bid proposal before the City Commission will reduce the need of using sulfuric acid by 75% or more, and will continually monitor and control the anti-scalant dosage in the source water going to the membrane treatment units, further protecting the expensive membranes. EXPLANATION: Three (3) vendors submitted written bid proposals to the City's Purchasing Department for an annual contract to purchase anti-scalant. The bid specifications have several special conditions all of which are important, three (3) of which are critical. The three critical special conditions are; localized testing of the product with reduced or no sulfuric acid, the anti-scala nt's physical and chemical properties and the monitoring and control equipment needed to protect the membranes should the anti-scalant fail to feed properly. The three critical special conditions ar~ .;'~i discussed as follows: .l(V ,'{'J\ .j' !';, ~~v \,,<, i:.f Local testing of the product with reduced or no sulfuric acid: ,.If' 1;. Only the Nalco Company product has been tested locally with reduced or no acid. The Utilities that use or are testing this product are the Cities of Plantation, Miramar, Hallandale and Fort Lauderdale. Furthermore, it is very significant that the City of Plantation has used this product for more than ten (10) years without the need to use sulfuric acid. All of these Utilities' source waters are similar to the City of Pompano Beach's source water. More importantly, using a two stage membrane testing unit the Utilities Department has tested this product for more than six (6) months, slowly reducing the sulfuric acid to zero, with very good results. G:\Waler Planl\MEMOS\2009\09-07.doc The physical and chemical properties of the product: All vendors submitted a material safety data sheet (MSDS) summarizing their anti-sealant physical and chemical properties. Only the Nalco product complies with the special conditions. The Nalco product is a base product, above a pH of 7. The other two products submitted are acids, below a pH of 7. Furthermore, the other products have a lower specific gravity and the product vendors recommend a higher dosage requirement. The monitoring and control equipment to protect the membranes: Only the Nalco product has the ability to protect the membranes by monitoring and controlling the actual dosage of the anti-sealant going to the membrane treatment units. The other manufactures recommend monitoring the flow of the anti-sealant leaving the metering pump(s). This method of monitoring, should a break or blockage occur in the anti-sealant feed line may not be detected quickly enough to protect the membranes. The anti-sealant would not feed to the source water going to the membrane treatment units substantially increasing the potential of damaging the valuable membranes. . Based on the information received in the bid packages there is only one product that meets the bid package special conditions, and that is the Nalco Company 1850T anti-sealant. Be advised the Utilities Department has a two (2) stage membrane test skid and the Department encourages product testing. More product approvals allow for more competitive pricing. ( , Recommendation: Based on the above product summary review and the attached "Product Comparison and Specification Compliance Chart" there is only one responsive bidder, and that is the Nalco Company with the 1850T anti-sealant. While product pricing is higher than the previous anti- sealant bid ($0.62/lbs vs. $1.19/1bs) the required dosage is almost halved (4mg/L vs. 2.5mg/L) effectively costing the Utilities Department about the same. Additionally,-there is a reduction in the use of sulfuric acid by at least 75%, saving the Department approximately $210,500.00 annually. The Utilities Department recommends awarding Nalco Company as the Utilities Department's supplier of anti-sealant as addressed in Bid No. H-45-08. The estimated annual cost for the anti- sealant is $80,000.00. Funding is available in the water treatment plant chemical account, number 412-3320-533-52-05. G:\Walef Plant\MEMOSI2009\09-07 _doc ~~ .~') ~ "l.r \ N N " - 0 N e- <0 N O/l - ,\. 0 N N N N '" <0 N N N ~~~. t:: N N N N '" '" N N N - '0 - - - - - 0 0 0 III 0 0 0 ns III '" '" '" '" 0- <0 <0 <0 .c: '" '" '" '" !:2. '" '" '" '" "" 0 III III III III III III III O/l O/l Q) ~ ~ ~ ~ N '<t !e. CO en N N.. CJ nj III III <ti <ti nj <ti III <ti t: N N N N N N N N N ns ci ci 0 ci ci ci ci ci ci .- - c. E ~ 0 0 E rn ~ 0 ....J U - - ~ t: 0 0 0 Ul E en 0 l.l l.l ',9 N rn rn Ul 0 '" Ul Ul Ul Ul Ul ~ .- Z Z '" ~ 0 N '" '" '" '" '" ~ .. >- .,. ns CJ Ul '- rn .c ..... .>1 l.l .- E '" CJ '" I- '>Sl Q) ~ ~ 'rn u '" !l. Ul ro - M $ Ul en 0 '<t ,9 ==! ~ en ~ e -' .9 en '" '0 III 0 '" E Ul Ul Ul Lri ~ 0 0 0 '" '" '" I 0- N o:i t: c '" c c .,. ns t: ~ ~ 0 '" '" ro ro l/) $ $ rn .- ==! ~ J... c c - ns III III Ul l.l l.l '<t ,9 E C. 'c 'C '" '" '" .9 CX) CX) N \ E E E ~ I"- Ul Ul Ul ,.-: ~ <C <C 0 '" ai 0 0 Q) '" '" C N C C .,. 0 0 . . '0 Ul - '" III C CJ "" :; > 0 '<3 0 "" ::::J '" '" ';i 0. '0 1 . 0- . III Ul ~ : c '0 '0 Ul III 0 '" Ul U ~ 0 C 0 III 00:'2 -' "" .Q Cl '<3 Ul 2 l.l " rn J... '" rn '0 (5 III C c '<3 c.. ~ <:l '" ~ ~o rn III .Q '" !!! Ul '0 'E III C ]? > E rn 0- ~ C " Ul I '" '" 0 l.l ~ 0 '" en ~ U III U .Q 0 ~ ~ c E '" rn ~ u u Ul '1:: - '0 E III Q; ~ Q; '0 E .9 l.l '" <C .0 Q " " " " l.l 0 '0 C '0 '0 C 0 'c '0 " Ui u.. E Ui 'C e 0 " l.l U ~ '0 III ~ 0 '" 0 e'O " en '" 0 ii'i :2 0- 0- 0- Il:: :2 0- !!! u z :2 U . . BID AWARD RECOMMENDATION FORM r ( From: Purchasing Division Leeta Hardin Date 6/2/08 To: Utilities Department Attn.: Don Bayler, Supt. Subject: Bid No. H-45-08 Item/service: Antiscalant Attached is the Bid Tabulation for subject item/service requisitioned by your department. Please complete this form in order that proper presentation and recommendations may be made to the City Commission for its approval, as appropriate. Your response should be typed. Please return this form to the Purchasing Division within three weeks of receipt. This form rnust be accompanied by a memorandum explaining the item/service to be purchased, what it will be used for, stating that it is either a replacement or an additional item, and any other pertinent information which might be requested by the City Commission. This memo should also contain a detailed justification if you are rejecting a low bidder (see below). I. SOURCE OF FUNDS: Budgeted Code: ttJz.- - 332.0 - ~n - :n... - oS" c Title: C.III:.~ IMLs: / /h,R-.rt (}-uc../'"'p,lWi L- 0/ 2. RECOMMENDATION: (a) Which bidder do you recommend? 1J11/.-t:.{> S i:E 7T!re.f'tCTJ ~'7~)tk),!<1..'-'o .1"...... TIfE &Jt'i 1 I2.c-:>,;'O.L.''';h)E 7!,i i){)EIL.. (b) Is the recommended bid the lowest bid received? Yes No /' Note: If you recommend award to other than the low bidder detailed justification must be furnished for rejection of all lower bids, in an accompanying memorandum. (c) Ifreferences were required, were they checked? ~ Yes No Si~~re: 11~~ I, 'tle: a4~.r ~A'..-z:.-~ (Department Head) Not applicable for this bid V 6/01' / Date: G:\Plrnr:HASF.\FnRMSDnr: REV. 04107 Phone: (954) 545-7016 City of Pompano Beach UTILITIES TREATMENT PLANT MEMORANDUM NO. 09-10 Fax: (954) 545-7046 DATE: December 19, 2008 TO: Leeta Hardin, General Services Direct~r ,!-11---- A. Randolph Brown, Utilities Director~ Don Bayler, Utilities Treatment Plants superintende~ Nalco - Revision of Indemnification Clause VIA: FROM: SUBJECT: Issue: Nalco, the Utilities Departments recommended supplier of anti-sealant, stated on their bid exceptions with the indemnification clause within the City's standard bid documents. This product has been proven to reduce the needed of using sulfuric acid in the membrane treatment process by at least 75% and may eliminate the use of sulfuric acid in the future. ( Additionally, the use of this anti-sealant will reduce and may eliminate the handling of highly corrosive and difficult to handle sulfuric acid by city employees and will save the Utilities Department between $210,500.00 and $280,700.00 annually in chemical costs. Explanation: The Utilities Department evaluated the bids submitted and recommended the Nalco anti-sealant product as the best product to use in the operations of the membrane treatment plant from a purely technical aspect with regard to performance, reliability, physical properties, chemical properties and process control monitoring. (See the Utilities Treatment Plant Memorandum No. 09-07) Next, the Utilities staff worked with the Purchasing Department, the City Attorney's Office and the vendor (Nalco) to come to an agreement with regards to Indemnification clause exceptions. Staff reviewed what would happen with the membrane treatment equipment should, in the extremely unlikely event, the anti-sealant fail. The worst case scenario would be, failures of the product, the process control/monitoring equipment and staff not reacting to this situation, potentially causing scaling and damage to the 2nd stage membranes on each membrane treatment Train (modules) in operation. With all five (5) trains in operations the total number of membranes that could failure would be 560. The cost of each membrane is $484.17. The replacement cost of the membranes in the 2nd stage for all I trains would be $271,135.20. G:\Water Plant\MEMOS\2009\09-10,doc It is important to note that currently normal operations of the membrane water plant operates 2 to 3 membrane treatment trains at any given time. This fact reduces the economic impact, that much more, should an extremely unlikely failure as describe above occur. The membrane replacement costs, should a worst case scenario occur would be below the $300,000.00 limitation addressed in the proposed and recommended revised Indemnification clause. (See City Attorney's November 21,2008 Communication #2009-181) Recommendation: After several back and forth discussions with all parties the Utilities Department recommends to the City Commission through the Purchasing Department and City Attorney's Office the revised Indemnification clause as stated in the City Attorney's November 21, 2008 Communication #2009-181 and certified by Nalco. ( l, G:\Water Planl\MEMOS\2009\Q9-10,doc RECENEO PURCHASWG zms OCT -I AM II: 03 City Attorney's Communication #2008-1881 September 30, 2008 TO: Leeta Hardin, General Services Director FROM: Erin Gill Robles, Assistant City Attorney RE: Nalco Contract After reviewing the attached correspondence from Na1co's counsel regarding the on-going negotiations with Nalco for the purchase of anti-scallant, I suggest we propose the following indemnification clause to replace that which currently exists as Provision 23, page 12 of the contract documents: 23 Indemnification i , Contractor covenants and agrees to protect, defend, indemnify and hold the City harmless from all claims, losses, damages, costs, charges and expenses, whIch may be asserted- agaInst or be-incurre<nJ:9''1:1re--Clty-whetl1enlirect--rrr-- indirect, foreseeable or unforeseeable, including, but not limited to, those resulting from injuries to any person or damage to any property, caused in any manner by any act or failure to act of Contractor in connection with furnishing of the product covered in this agreement, or because of any imperfection or defect in said goods, or based upon any claim of product liability or strict liability in tort, or because of the failure of said goods to be in accordance with the applicable specifications (functional, design, or otherwise) of such goods, or failUre to warn or inadequate warning or instructions as to the use of such goods. This indemnification clause is much more to the point and relates expressly to the provision of a product, as opposed to a contract for services, and thus may be more acceptable to Na1co. With respect to Nalco's proposal that consequential, indirect, special and exemplary damages be capped at $150,000.00, staff needs to evaluate the potential exposure to the City in the event of damage that could occur if Nalco provides a defective or somehow harmful product. Consequential, indirect, special and exemplary damages could include damage caused to the City's waterplant by the product; to residents of the community as a result of the City's provision of water that has been treated by a faulty or defective product; or to property of residents in the community. Obviously these damages are hypothetical at this point and it is difficult to predict ( \. what might occur and whether the damages resulting from an occurrence would be defined as direct damages, for which Nalco would be liable, or indirect, consequential special or exemplary damages which would be capped under Nalco's proposal. I understand that the product being offered is the only product of its kind and is therefore of significant importance to the City. At this point, staff needs to assess whether the benefit of the product outweighs the risk of potential exposure to the City by virtue of placing a contractual cap on the amount of consequential, indirect, special or exemplary damages that the City would be. entitled to collect from Na1co in the event of a breach. If staff determines that it wishes to continue with the negotiations with Na1co, I would suggest increasing the cap offered by Nalco to a more substantial amount. Please advise me if you would like this office's assistance in communicating a counter-offer to Nalco and if so, please advise as to your decision as to the issue of Na1co's request to waive consequential, indirect, special and exemplary damages. " Ce: Keith Chadwell Donald Baylor GBUegr L:corlprchsng/2008-188I RECt-I\!~r; ": :Pi'f.! ASIl'!G ,!.-.... r ..;: \ ~h ~,. II ~ ) N NALCO 2ma DEe -2 Fi~ I: 31 Nalco Company Municipal. leG 1601 West Diehl Road NaperviJIe, IL 60563-1198 November 24, 2008 City of Pompano Beach Leeta Hardin 1190 NE 3'd Ave Pompano Beach, FL 33060 Leeta, Attached is the signed exceptions to the contract terms. Should you have any questions or require anything further from me don't hesitate to call me at 630.305.2177. ~e.rle,Y, p ~. \P.J AGe . / Rick St. Jules ~ iU ~ '" o -~ (~I iU '" i= ~ .. "C 05 I, "C- '" o a: :eM OJ o::g tncr5 OJ '" ;;:: '0 ...-I~ :J5;::::i - OJ :>:= c: 1: ~!l! 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"C OJ -0 .~ is ~ ~ ~ OJ E o t: :J U City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 ,P~ohai:tl "_~'ft':. IDle ,_,. 2005 I May 21, 2008 ADDENDUM #2, BID H-4S-08 ANTISCALANT Several potential bidders have requested a raw water analysis, or the membrane manufacturer's design projection. See infonnation enclosed with this cover letter. The deadline for submittal of sealed bids remains 2:00 p.m. (local), Tuesday, May 27, 2008 in the Purchasing Office at 1190 N.E. 3 Avenue, Building C, Pompano Beach, Florida, 33060. The remainder of the Bid is unchanged. Acknowledge receipt of this Addendum in the area provided on bid page 16. Very truly yours, Leeta Hardin General Services Director ( enclosure cc: bid list file Hydranautics Membrane Solutions Design Software, v. 2007 1012312006 Permeate THROTTLlNG(VARIA8LE) RO program licensed to: Rocco Cuozzo Calculation created by: "Rocco Cuozzo Project name: Pompano--Final Permeate flow: 2000000.0 gpd 0 HP Pump flow: 1634.0 gpm Raw water flow: 2352941.2 gpd Recommended pump press.: 109.1 psi Permeate throttling(Variab.) 8.0 psi Feed pressure: 80.1 psi Permeate recovery: 85.0 % Feedwater Temperature: 25.0 C(77F) Feed water pH: 6.5 Element age: 0.0 years Chem dose. ppm (100%): 74.0 H2SO4 Flux decline % per year. 0.0 Acidified feed CO2: 83.90 Salt passage increase, %/yr. 5.0 Average flux rate: 13.7 gfd Feed type: Well Water Stage Perm. FlowNessel Flux Beta Conc.&Throt Element Elem. Array Flow Feed Cone Pressures Type No. gpm gpm gpm gfd psi psi 1-1 1059.4 45.4 16.0 15.1 1.18 58.3 15.0 ESNA1-LFS 252 36x7 1-2 259.4 35.9 19.7 11.7 1.10 41.6 0.0 ESNA 1-lFS 80 16x5 1-3 70.0 19.7 15.3 7.9 1.10 35.7 0.0 ESNA 1-lF2 32 16><2 Stg Elem Feed Pres Perm Perm Beta Perm Cone Concentrate saturation levels no. pres drop flow Flux sal osm CaS04 SrS04 BaS04 Si02 Lang. psi psi gpm gld TDS pres 1-1 1 80.1 5.2 5.3 19.1 1.12 19.4 3.7 5 6 152 10 -0.8 1-1 2 74.9 4.3 4.9 17.5 1.10 21.6 4.2 6 7 178 11 -0.6 1-1 3 70.6 3.6 4.5 16.1 1.10' 24.0 4.8 7 9 209 13' -0.4 1-1 4 67.1 3.0 4.1 14.8 1.14 26.7 5.5 8 10 248 15 -0.3 1-1 5 64.1 2.4 3.8 13.7 1.15 29.8 6.4 10 12 298 17 -0.1 1-1 6 61.7 1.9 3.5 12.7 1.16 33.3 7.4 12 15 364 19 0.1 1-1 7 59.8 1.5 3.3 11.8 1.18 37.5 8.8 15 19 453 23 0.3 1-2 1 55.3 3.8 4.0 14.4 1.11 39.2 10.5 18 22 532 26 0.5 ( 1-2 2 51.5 3.2 3.5 12.7 1.11 41.7 11.7 21 26 611 28 0.7 1-2 3 48.3 2.7 3.1 11.3 1.10 44.8 12.2 23 29 687 32 0.7 ~ 1-2 4 45.6 2.3 2.9 10.4 1.10 47.8 13.6 27 34 792 35 0.9 1-2 5 43.3 1.9 2.6 9.2 1.10 51.3 15.2 32 39 913 39 1.0 1-3 1 38.4 1.6 2.4 8.5 1.12 63.6 18.8 37 47 1095 42 1.2 1-3 2 36.8 1.4 1.8 6.5 1.10 79.7 20.1 42 53 1241 45 1.3 These calculations are based on nominal element & component performance when operated on a feed water of acceptable quality. NO GUARANTEE OF SYSTEM PERFORMANCE IS EXPRESSED OR IMPLIED unless provided in WT~ing by Hydranautics. Hydranautics (USA) Ph:(760)901-2500 Fax:(760)901-2578 info@hydranautics.com Hydranautics (Europe) Ph: 31 5465' 88355 Fax: 31 546573288 (11160) Hydranautics Membrane Solutions Design Software, v. 2007 Permeate THROTTLlNG(VARIA8lE) 10/2312006 RO program licensed to: Rocco Cuozzo Caiculation created by: -Rocco Cuozzo Project name: Pompano-Final Permeate flow: 2000000.0 gpd 0 HP Pump flow: 1634.0 gpm Raw water flow: 2352941.2 gpd Recommended pump press.: 109.1 psi Permeate throttling(Vartab.) 8.0 psi Feed pressure: 80.1 psi Permeate recovery: 85.0 % Feedwater Temperature: 25.0 C(77F) Feed water pH: 6.5 Element age: 0.0 years Chem dose, ppm (100%): 74.0 H2SO4 Flux decline % per year: 0.0 Acidified feed CO2: 83.90 Salt passage increase, %/yr. 5.0 Average flux rate: 13.7 gld Feed type: Well Water Slage Perm. FlowNessel Flux Bela Conc&Throt. Element Elem. Array Flow Feed Cone Pressures Type No. gpm gpm gpm gfd psi psi 1-1 1059.4 45.4 16.0 15.1 1.18 58.3 15.0 ESNA1-lFS 252 36x7 1-2 259.4 35.9 19.7 11.7 1.10 41.6 0.0 ESNA1-lFS 80 16x5 1-3 70.0 19.7 15.3 7.9 1.10 35.7 0.0 ESNA 1-lF2 32 16x2 Raw water Feed water Permeate Concentrate Ion mon I CaC03 mnn CaC03 mnn I CaC03 mnn I CaC03 Ca 87.0 217.0 87.0 217.0 9.161 22.8 528.1 1316.9 Mg 7.2 29.6 7.2 29.6 0.595 2.5 44.6 183.6 Na 34.0 73.9 34.0 73.9 12.238 26.6 157.3. 342.0 K 2.0 2.6 2.0 2.6 1.026 1.3 7.5 9.6 NH4 0.0 0.0 0.0 0.0 0.000 0.0 0.0 0.0 Ba 0.030 0.0 0.030 0.0 0.003 0.0 0.181 0.1 Sr 1.700 1.9 1.700 1.9 0.193 0.2 10.237 11.7 C03 0.6 1.0 0.0 0.1 0.000 0.0 0.2 0.4 HC03 260.0 213.1 168.7 138.3 29.867 24.5 955.6 783.3 S04 34.0 35.4 106.5 110.9 '6.016 6.3 675.7 703.9 CI 48.0 67.7 48.0 67.7 15.601 22.0 231.6 326.7 F 0.3 0.8 0.3 0.8 0.207 0.5 0.8 2.2 I N03 0.5 0.4 0.5 0.4 0.176 0.1 2.3 1.9 , 8 0.00 0.00 0.000 0.00 Si02 12.4 12.4 3.15 64.8 TDS 487.7 468.4 78.2 2679.1 InH 7.4 6.5 5.8 7.2 Raw water Feed water Concentrate CaS04 / Ksp . 100: 1% 4% 43% SrS04/ Ksp . 100: 2% .5% 53% BaS04/ Ksp' 100: 44% 131% 1237% Si02 saturation: 9% 9% 46% langelier Saturation Index 0.14 -0.91 1.27 Stiff & Davis Saturation Index 0.19 -0.86 1.17 Ionic strength 0.01 0.01 0.06 Osmotic pressure 3.9 psi 3.3 psi 18.4 psi These calculations are based on nominal element & component performance when operated on a feed water of acceptable quality. NO GUARANTEE OF SYSTEM PERFORMANCE IS EXPRESSED OR IMPLIED unless provided in writing by Hydranautics. Hydranautics (USA) Ph:(760)901-25oo Fax:(760)901-2578 info@hydranautics.com Hydranautics (Europe) Ph: 31 546588355 Fax: 31 546573288 (11/60) ( c \. Bidder Name City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 Pompano Beach t'a'ft'Z''' 'fnp 2005 BID H-45-08 -- ANTISCALANT April 24, 2008 The City of Pompano Beach is currently soliciting to establish an annual contract for the purchase of antiscalant to be used by the Utilities Departrnent in water treatment. Sealed bids will be received until 2:00 p.m. (local), May 16, 2008, in the Purchasing office at 1190 North East 3rd Avenue, Building C, Pompano Beach, Florida. These bids will then be publicly opened at the above time and date in the presence of City officials. Bid openings are open to the public. All bidders and/or their representatives are invited to be present. Bids may not be submitted by facsimile. Once opened, the bids will be tabulated, evaluated, and presented to the appropriate City officials for contract award. There are three (3) sections in this bid: Specifications/Special Conditions, General Conditions, and Proposal. Please read all sections thoroughly. Complete the bid in accordance with the instructions and return all numbered pages, initialed at the bottom of each page, when you submit your bid package. Failure to do so may result in the rejection of your bid. If you need any additional information regarding this bid, please contact Leeta Hardin, General Services Director, at (954) 786-4098. SECTION I - SPECIFICATIONS/SPECIAL CONDITIONS A. Intent The intent of this bid is to establish an annual, open-end contract for the purchase of bulk antiscalant, delivered, as and when needed. This product will be used in the City's water treatment plant to produce drinking water, and all products bid must be authorized for such use. Vendor shall also provide dosage, monitoring and control equipment. B. Contract Period The initial contract period shall be one year, commencing upon award by the appropriate City officials. Bid H-45-08 Page 1 of22 Initial Bidder Name The contract sha1l be automatica1ly renewed for a second one-year period unless the General Services Director or the successful bidder receiving award sha1l give notice to the other party of intent not to renew for the second period, which notice must be delivered by certified mail and must be received at least sixty (60) days prior to the end of the initial contract period. A1l terms, prices and conditions sha1l rernain firm for the initial period of the contract, and any renewal period. In the event delivery/service is scheduled to end because ofthe expiration of this contract, the Contractor sha1l continue to deliver/service upon the request of the General Services Director. The extension period sha1l not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor sha1l be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. C. Ouantities The City estimates ordering 6,000 ga1lons of antiscalant per year. No warranty or guarantee is given or implied as to the total amount to be purchased as a result of this contract. The quantities staled in this bid are estimates of annual usage, to be used for bid comparison purposes only. Antiscalant will be ordered as needed. D. Basis of Award Award will be made to the lowest responsive, responsible bidder. To compare products to determine a bid award the City will evaluate the antiscalant and equipment proposed based on equivalence to the chemical and dosage/monitoring/control equipment specified. E. Pricing Liquid antiscalant to be fumished in bulk discharged into a 3,763-ga1lon storage tank located at the City's Water Treatment Plant. A1l prices bid sha1l be F.O.B. destination/delivered/discharged to the City of Pompano Beach Water Treatment Plant, 301 N.E. 12th Street, Pompano Beach, 33060. A1l prices bid are to include a1l delivery charges, and any applicable County/State/Federal environmental taxes or surcharges. The unit cost of the chemical bid sha1l be a1l-inclusive, and cover a1l costs, including chemical and dosage/monitoring/control equipment. Bid H-45-08 Page 2 of22 Initial JQV L4 Utj Utl:~tjp vvaller ~con OU"j-4 ( L~O"j ( ( p.1 GOROON B. LlNN City Attomcy Board O:rli/ibi - CiQl County and LDazI Gort:rnmen.! MARK. f_ HI1:RMAN FAWN POWf'.RS l!."1lIN ClJU_.KOBf.r.s A.~iJOktnr Ci'y AnGI'rtC)' AssisIUJ'U Cfty AtlurJUfJ. ASS'lstunl c..lt,~, Afrornl.")l l'c>mpOnO_b t.razt iijjP 2005 Ph~IlO: 954.786-4614 City Dr Pompano Beach, Florida Fax: 954-786-4617 City AttOl"ney's CommDDic~tion #2009-181 Noveml= 21, 2008 . SENT VT-AFACSlMll.E .Al\,lJ) U.S. MAIL 630-3Q5-2!l8S R. Tor Uima.tainen, Esquire NalGO Compmy 160 1 West Diehl Road Napervil1e, II.. 60563 Re: NalcofCity of Pompano Beach Contract Dear Mr. Liimat';IJen: ( It appears that City staff and your client have re;u;hed an agreement as to the. exceptions to the City's standard bid documents that were previously proposed by your dient. Due: to the nature of the exceptions being requested, they must be approved by the City Commission in order to be effective. .As such, the requested eXl:eptions will be presented to !he City Commission in oocnection with the proposed purchase anler of your product. The proposed exceptions which will be presented to the City Commissioll will be: as fonows: 1. The City will substitute the fullowiDg inrl"'lIlIlificatioo h~age inl.o Section 23, indemnification: Contractor covenants and agrees to protect, defend. inde.mnifY ~iDd hold the City harmle:ss from aU claims, losses, damages, costs, charges and expc:nses, which may be asserted against or be incnrred by the City whether direct or indirect, foreseeable or unfureseeablc. including, but !lot limited to, tho:;c resulting from injuries to any person or damage to any property, caused in any n.umner by any a~ or failure to act of Contractor in oonncction with furnishing of the product covered in this agreement, 01' because of any imperfection or defuct in said goods. 01" based upon any claim of product liability or strict liability in t,)It, or because of the failure of said goods to be in accordlUH:e with the appli.cal>1e specifications (functional, design, or otheIWise) of such goods, or :!ailure to w= or inadequate warning or instru..'"tions as to the use of such goods. 2. . The following language will be inserted under Paragraph 19. Warnmties: \. Otl'k:c d Ute: City AlWmc:y, 100 'Nell AUll:rI.IW; eovlCYiU'tJ. SWlt' "'67. PoWplUloO Beut'h - AoridOl J.la(lO M!l.lli..ae.aik:h:.u:. PA au 20&..'. Pan1pwK18deh. Flortcbl ;Uo61 "l"h.oO)oal.~pgn::ll~~"" iEqu:u~il)'~AnaO__ )k,fo-:...~gQn""" e.-..Qr ".u>cb.~ 5..1"'; ~el1lil 39t1d A3NOlIJ.l.lV AUO l tS~'38LtoS6 ge:St 8ee~/t~/tr Nov 24 08 06:28p Walter Scott 603-472-5377 p.2 R.. Tor Liirrllltainen, Esq. November 21,2008 Page 2 of2 City Attorney's CommunicatioJl #2009-18] Notwithstanding any other provision in the contract, the foUowing damages arising out of any warranty or contractual term will be capped <.t U.S. $300,000 during the tenD of the Agreement: consequential. indir3ct, special or exemplary damages including, hut not limited to, lost produc':ion and profits. For the sake of clarity, this provision is not intended to apply to any damages arising out of ton. As I understand it, the above amendments reflect not only our last con:~pondence regarding the indemillfu;ation provisions, bui our clients' more =t agreement as to the cap on consequ~tial, indirect. special and exemplary damages. If the above conditions are .acceptable, please have a representative of Nalco sign this correspondence certifying acceptance 0 f these conditioDS. Upon return of this signed correspondence, the item will be placed on the w:.-xt available C()mm;~sion agenda for consideration. I:fthese temJs are not accepml>1e, please advise me as soon as pOssible so that we can revisit these issues as needed. Please do not hesitate to contact me should you have any questions or concems about thi~ maner. 2~~~ ERlNG~B~S . Assistant City Attorney ( EGR:jrm L:cor/atty/2009-181 co: Keith Chadwell, City Manager Leeta Hardin, General Services Director Randy Brown, Utilities Director . DolUlld Bayler, Utilities Treatment Phmt SnperiJJtendent I hereby certify that Naleo accepts the above-referenced exceptloDs to the bid solicitation 8-45-08 "AntiscalaoL'" -:.- f ~ Dated: Ntlv.;<~ 2tJc7Y By: I/Jc:d!&fr~ - Print Nalnc: llL'7(+.f( .scCbf Title: . ::V-\:'::::'~{7.d- ('(\C\f'\~'( r ;>;B/GB 39\;/d ~1ll1.\I A.LIO Lt91'98LtoS6 9B:St 8BB;>;/t;>;/t, Bidder Name F. Delivery Bidders are to state the number of calendar days after receipt of an order required for delivery. The City seeks a source of supply that will provide accurate and timely delivery. The awarded bidder must adhere to delivery schedules. If, in the opinion of the General Services Director, the successful bidder(s) fail at any time to meet the requirements herein, including the delivery requirements, then the contract may be cancelled upon written notice. See Section II - General Conditions, (6) "Delivery," and (10) "Default," for additional information. G. Addenda The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Bid solicitation the City will attempt to notify all known prospective Bidders, however, it shall be the responsibility of each Bidder, prior to submitting their bid, to contact the City Purchasing Office at (954) 786-4098 to determine if addenda were issued and to make such addenda a part of their Bid proposal. H. Small Business Enterprise Program ( The Pompano Beach City Commission has established a voluntary Small Business Enterprise (SBE) Program to encourage and foster the participation of Small Business Enterprises in the central procurement activities of the City. The City of Pompano Beach is strongly committed to ensuring the participation ofSrnall Business Enterprises (SBE's) as contractors and subcontractors for the procurernent of goods and services. The definition of a SBE, for the purpose of the City's voluntary program, is taken from the State of Florida Statute 288.703(1). As of the date of publication of this solicitation, a small business means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in Florida that has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Please note that, while no voluntary goals have been established for this solicitation, the City encourages small business participation in all of its procurements. ( Bid H-45-08 Page 3 of22 Initial Bidder Name The City encourages all firms to undertake good faith efforts to identify appropriate Small Business Enterprise partners. Sources of information on certified Small Business Enterprises include the Broward County Small Business Development Division, and the State of Florida Office of Supplier Diversity. The City includes links to these organizations from the City's website www.mvoompanobeach.org. Please indicate in your response if your firm is a certified Small Business Enterprise, and include the completed "Good Faith Effort Report" form with your bid proposal. SBE forms are included at the end of this bid solicitation. Bidders should submit Exhibit A, detailing the list of SBE firms to be used on the proposed contract, and a completed Letter of Intent, Exhibit B, for all participating SBE firms. Submit Exhibit C listing SBE firms that were solicited but not selected. Submit Exhibit D explaining your firm's good faith efforts to include SBE firms on this contract. 1. Oualifications of Bidders Bids will only be considered from manufacturers or their authorized distributors. The authorized distributors must regularly maintain a substantial stock of the chemical bid, and must be actively engaged in its sale. A representative of the City may examine such stock and facilities at any time either before bid award is made or during the term of the contract. J. Occupational Health and Safety In compliance with Chapter 442, Florida Statues, any items included in the latest edition of "Florida Substance List" which are delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). K. Certification and Testing Bidders may be requested, after bid opening, to provide proof of certification that the product offered conforms to ANSVNSF Standard 60-1998. All additives and chemicals used in the City's water treatment plant must conform to NSF Standard 60, per the State of Florida Administrative Code. The City reserves the right during the contract period to determine by independent test if the product supplied meets the specifications herein. The cost of the test is to be paid for by the City if sample meets specifications, and by the contractor if it should not meet specifications. In addition, the facilities of the Florida State Department of Agriculture testing laboratories may be used for any referee testing. Bid H-45-08 Page 4 of22 Initial Bidder Name ( L. Cancellation of Order If contractor cannot fulfill delivery requirements, the City retains the right to cancel the order and make such purchase on the open market. Contractor will be liable for all price differences incurred by the City if delivery failure is not a case of force majeure. M. Cancellation of Contract The items to be purchased from this contract are essential to the delivery of City services. It is the intention of the City to purchase material from a source of supply that will give prompt and convenient shipment and service in full compliance with the safety requirements for shipping containers, and for delivery per specifications. Any failure of the supplier to comply with the terms and/or conditions of the contract shall be considered default, and shall be reason for termination of contract. (Also, see Section 10, General Conditions, Default.) N. Price Adjustments If, during the contract period, the City is able to purchase a chemical specified herein on the open market at prices less than the contract price, the seller shall meet these prices or the City may negotiate/bid for a new contract on the open market. ( o. Detail Specifications I. Safety Measures: Bidders shall guarantee that each delivery truck will be in a safe mechanical condition,and will be operated by a capable driver trained in the proper handling of the chemical being delivered. 2. Specifications a. Product (1) The antiscalant shall be Na1co PC-1850T, or approved equal. (2) The dosage, monitoring and control equipment with display and alarm must be comparable to the Nalco RO TRASAR chemical and control equipment/system. Any alternative method of measuring, monitoring and controlling the chernical feed must be pre-approved by the Utilities Department. \. Bid H-45-08 Page 5 of22 Initial Bid H-45-08 Bidder Name (3) The dosage, monitoring and control equipment shall be owned and maintained by the antiscalant manufacturer. The submitted price must include the cost to provide, maintain and service said equipment. The City will not sign a lease agreement for the equipment; the terms and conditions of the bid solicitation govern any contract award. (4) Product and equipment must have been tested and in use by water . treatment plants with similar raw ground water characteristics (within the tri-county area). (5) This product/system must reduce the use of sulfuric acid by 75%, and must in be in use in at least two other RO/Nano water treatment plant facilities. (6) Bidders should provide a list ofRO/Nano customers using the product proposed with their bid proposal. (7) The actual operating dosage must not vary more than 10% from the manufacturer's recommended dosage. (8) The product must conform to ANSIINSF Standard 60. (9) For membrane warranty purposes, the manufacturer of the rnembranes used at the Pompano Beach treatment plant (Hydranautics) must approve the antiscalant proposed. The contact person at Hydranautics is Mr. Rocco Cuozzo; telephone number (732) 236-1395. Bidders should provide a copy of written approval from Hydranautics for the product proposed with their bid. b. Type of delivery: Bulk (pumped), to be delivered to the City of Pompano Beach Water Treatment Plant, 301 N.E. 12th Street, Pompano Beach, 33060. c. Size of city-owned storage tank: 3,763 gallons e. Deliveries will normally be scheduled Monday through Friday, between the hours of7:30 a.m. and 3:00 p.m. f. The City will not pay charges for time spent unloading due to inexperienced drivers, mechanical failure (truck, compressor, etc.), broken or plugged air lines, hoses or valves. g. Each order placed shall be no less than 2,500 gallons. Page 6 of22 Initial ~ ( c Bidder Name P. Insurance The contractor shall not commence operations, construction and/or installation of improvements pursuant to the terms of this agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Pompano Beach Risk Manager. The following insurance coverage shall be required. 1. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees). The Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. 2. Liability Insurance a) Naming the City ofPornpano Beach as an additional insured, on General Liability Insurance only, in connection with work being done under this contract. b) Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits. (See next page.) 3. Real &. Personal Property Insurance The Contractor is responsible for any loss or damage to tools, equipment and supplies at the job site and is also responsible for any loss or damage to buildings being constructed until that building is completed and a certificate of occupancy is issued. Bid H-45-08 , Page 7 of22 Initial Bidder Name LIMITS OF LIABILITY Type of Insurance each occurrence aggregate GENERAL LIABILITY Minimum $1,000,000 each occurrence/aggregate xx comprehensive form xx premises - operations explosion & collapse hazard underground hazard xx products/completed operations hazard xx contractual insurance xx broad form property damage xx independent contractors xx personal injury bodily injury property damage bodily injury and property damage combined personal injury AUTOMOBILE LIABILITY Minimum $1,000,000 combined xx comprehensive form xx owned xx hired xx non-owned bodily injury (each person) bodily injury (each accident) properlY damage bodily injury and property damage combined REAL & PERSONAL PROPERTY comprehensive form $ $ EXCESS LIABILITY xx umbrella form other than umbrella bodily injury and property damage combined $1,000,000. $1,000,000. The certification or proof of insurance must contain a provision for notification to the City ten (10) days in advance of any material change in coverage or cancellation. Bid H-45-08 Page 8 of22 Initial ( ( Bidder Name The successful bidder shall furnish to the City the certification or proof of insurance required by the provisions set forth above, within ten (10) days after notification of award of contract. Any questions as to the intent or meaning of any part of the above required coverage should be directed to the Risk Manager at (954) 786-5555. Bid H-45-08 Page 9 of22 Initial Bidder Name SECTION Il- GENERAL CONDITIONS 4. Prices to be Firm 1. Submission and Receipt of Bids Bidder certifies that prices. terms and conditions in the bid will be firm for acceptance for a period of ninety 1.1. Bidders must use the form furnished by the (90) days from the date of bid opening unless otherwise City. stated by the City. Bids may not be withdrawn before the expiration of ninety (90) days. Prices shall be firm, 1.2. Bids having any erasures or corrections with no escalator clauses unless specified by the City. must be initialed by the bidder in ink. Bid Bids may be withdrawn after ninety (90) days only shaH be typewritten or filled in with pen and upon written notification to the City. ink. Manual signature must be in ink. 5. Extensions 1.3. It wil1 be the sole responsibility of the bidder to have their bid delivered to the If there is an error in extensions (mathematical Purchasing office before the closing hour calculations), unit prices will prevail. and date shown for receipt of bids. 6. Delivery 104. Bid envelopes are provided with the bid forms. Your bid should be returned in the 6.1. All items are to be bid F.O.B. delivered with envelope (with the correct postage affixed if freight charges prepaid and included, to the bid is mailed) and should show the designated addresses as specified by the following information: City on its purchase order(s) or in letter(s) of authorization. 1.4.1. Your return mailing address in the upper left-hand comer. 6.2. Bidder must state specific number of calendar days required for delivery Of each 1.4.2. Bid Number - write or type the item bid in appropriate space on the bid bid number that appears on the pages for consideration of award of this bid. first page of the bid form on the line for it on the front of the 6.3. Delivery time will be a factorJor any orders envelope. placed as a result of this bid. The City reserves the right to cancel such order(s) or 1.4.3. Bid Items - write or type the title any part thereof, without obligation. if of the bid on line "Sealed bid for: delivery is not made within the time(s) specified herein and hold the vendor in default. (See Section 10.) 1.5. If not using the City-provided envelope to mail your bid, or if using a delivery service 7. Signed Bid Considered an Offer other than the U.S. Post Office, use the following address: This signed bid is considered an offer on the part of the bidder, which offer shall be considered accepted upon City of Pompano Beach approval by the City Commission of the City of Purchasing Division Pompano Beach (if required). The City of Pompano 1190 N.E. 3rd Avenue, Building C Beach will issue a purchase order or a letter of Pompano Beach, FL 33060 authorization to the successful bidder, as authorization for delivery of the items awarded subject to 1.6. Late bids will not be considered and will be requirements of detailed specifications and those returned unopened. contained herein. 1.7. Bids transmitted by facsimile will not be In the event of default on the part of the bidder after accepted. such acceptance, the City may take such action as it deems appropriate including legal action for damages 2. Completion of Bid Forms or specific performance. Bidder is to fill in all of the blank spaces on the bid 8. Quality forms and return all numbered pages. Bidder should initial each page at the bottom to indicate he has read All materials used for the manufacture or construction and understands the provisions contained on that page. of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the l~test 3. Signature Required model, of the best quality and highest grade workmanship unless otherwise specified in this bid by All bids must show the company name and be signed the City. by a company officer OT employee who has the authority to bind the company or firm by their signature. UNSIGNED BIDS WILL BE REJEcrED. All manual signatures must be original - no rubber stamp, photocopy, etc. Bid H-45-08 Page 10 of22 Initial Bidder Name 9. Brand Names 16. Taxes i Whenever proprietary names are used, (whether or not The City of Pompano Beach is exempt from any taxes followed by the words "or approved equal"), the item(s) imposed by the State and Federal government. will be subject to acceptance and/or approval by Exemption certificates will be provided upon request authorized City personnel, and said personnel will State sales tax exemption certificate deem it their prerogative to select the item(s) which are #16~8-196489-S4C and Federal exemption tax lowest bid, item by item, meeting specifications from #S9-74-Q083K apply and appear on each purchase the information furnished by the bidder with the bid order. and/or sample inspection or testing of the item(s) called for herein. 17. Conflict of Instructions 10. Default Provisions If a conflict exists between the General Conditions and instructions contained herein, and the Specific In the event of default by the bidder, the City reserves Conditions and instructions contai~ed herein, the the right to procure the item(s) bid from other sources specifics shall govern. and will hold the bidder responsible for excess costs incurred as a result. A contractor who defaults on a 18. Exceptions to Specifications City contract may be banned from doing business with the City for a period of 36 months from the date of For purposes of evaluation, bidder must indicate any default exception to the specifications, tenns, and/or conditions, no matter how minor. This includes any 11. Samples agreement or contract fonns supplied by the bidder that are required to be signed by the City. If exceptions are Samples, when requested, must be furnished at, or not stated by the bidder, in his bid, it will be before, bid opening, (unless otherwise specified), and understood that the item(sYservices fully comply with win be delivered at no charge to the City. !fnot used the specifications, terms andlor conditions stated by the and/or destroyed in testing, said sample(s) will, at City. Exceptions are to be listed by the bidder on an bidder's request, be returned within thirty (30) days of attachment included with his bid. The City will not bid award at bidder's expense. If requested by the City, determine exceptions based on a review of any attached samples and/or inspection of like items are to be made sales or manufacturer's literature. available in the southeast Florida area. 19. Warranties ( 12. Acceptance of Materials The City of Pompano Beach will not accept any The material delivered as a result of this bid shall disclaimer of the warranties of merchantability and remain the property of the seller until a physical fitness for a particular purpose for the product(s) inspection and actual usage of the item(s) is made and offered. Proposals will clearly state any additional thereafter deemed acceptable to the satisfaction of the wammties and guarantees against defective materials City, in compliance with the tenns and specifications and workmanship. A copy of the complete contained herein. In the event that the item(s) supplied manufacturer's warranty statement is to be submitted to the City is/are found to be defective, or does/do not with the bid. conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and 20. Retention of Records and Right to Access Clause rerum the item(s) to the seller at the seller's expense. The successful bidder shall preserve and make 13. Manufacrurers' Certifications available all financial records, supporting documents, statistical records, and any other documents pertinent to The City reserves the right to obtain separate this contract for a period oftive (5) years after manufacrurer certification of all statements made in the termination of this contract; or if an audit has been bid. initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be 14. Copyrights and Patent Rights retained until resolution of audit finding. Bidder warrants that there has been no violation of 21. Facilities copyrights or patent rights in manufacruring, producing and/or selling the item(s) ordered or shipped as a result The City reserves the right to inspect the bidder's of this bid, and successful bidder agrees to hold the facilities at any time, without prior notice. City harmless from any and all liability, 1055 or expense by any such violation. 22. Anti-collusion Statement 15. Laws and Regulations By submitting this bid, the bidder affinns that this bid is without previous understanding, agreement, or All applicable laws and regulations of the Federal connection with any person, business, or corporation government, the State of Florida, and ordinances of the submitting a bid for the same materials, supplies, or \ City of Pompano Beach will apply to any resulting bid equipment, and that this bid is in all respects fair, and award. without collusion or fraud. Bid H-45-08 Page 11 of22 Initial Additionally, bidder agrees to abide by all conditions of this bid and certifies that they are authorized to sign this bid for the bidder. In submitting a bid to the City of Pompano Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Pompano Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti~trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Pompano Beach. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the bidder. 23. Indemnification Contractor covenants and agrees that it will inderrmify and hold harmless the City and all of the City's officers, agents, and employees from any claim, loss, damage, costs, charge or expense arising out of any act, action, neglect or omission by Contractor during the performance of the contract, whether direct, or indirect, and whether to any person or property to which the City of said parties may be subject, except that neither the contractor nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of City or any of its officers, agents, or employees. 24. Reservation for Rejections and Award The City reserves the right to accept or reject any or all bids or parts of bids, to '\\Ill.ive irregularities and technicalities, and to request re-bids. The City also reserves the right to award the contract on such items the City deems will best serve the interests of the City. The City further reserves the right to award the contract on a "split order" basis, or such combination as shall best serve the interests of the City unless otherwise specified. 25. Interpretations A.ny questions concerning the conditions and specifications contained in this bid should be submitted in writing and received by the Purchasing Division no later than five (5) working days prior to the bid opening. The City of Pompano Beach shall not be responsible for oral interpretations given by any City personnel or representative or others. The issuance of a Mitten addendum is the only official method whereby interpretation, clarification or additional information can be given. 26. Failure to Respond If you eject not to bid, please return enclosed "Statement of No Response" form by the bid due date, and state your reason(s) for not bidding. Failure to respond, either by submitting a bid, or by submitting a "Statement of No Response" form, may result in your name being removed from our mailing list. Bid H-45-08 31. 32. Page 12 of22 Bidder Name 27. Bid Tabulations Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 28. Assignment Successful bidder may not assign or transfer this contract, in whole or part, without prior written approval of the City of Pompano Beach. 29. Termination for Convenience of City Upon seven (7) calendar days Mitten notice delivered by certified mail, return receipt requested, to the successful bidder, the City may without cause and without prejudice to any other right or remedy, terminate the agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where the agreement is terminated for the convenience of the City the notice of termination to the successful bidder must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of the termination. Upon receipt of such notice, the contractor shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub-contractors and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 30. Public Entity Crimes In accordance with Florida State Statute 287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases ofrcal property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Governing Procedures This bid is governed by the applicable sections of the City's General Services Procedures Manual. A copy of the manual is available for review at the City Purchasing office. Identical Tie Bids In accordance with Section 287.087, State of Florida Statutes, preference shall be given to businesses with Drug.free Workplace Programs. Whenever two or Initial (' t, more bids which arc equal with respect to price, quality, and service are received for the procurement of commodities or contractual service, a bid received from a business that certifies that it has implemented a Drug- free Workplace Program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none oCthe tied vendors have a Drug.free Workplace Program. In order to have a Drug-free Workplace Program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and speCifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (- \ '- 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 33. Invoicing/Payment \, All invoices should be sent to City of Pompano Beach, Accounts Payable, P.O. Drawer BOO, Pompano Beach, Florida, 33061. In accordance with Florida Statutes, Chapter 218, payment win be made within 45 days after receipt of merchandise and a proper invoice:. The City will attempt to pay within fewer days if bidder offers a payment discount. The City cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D. Bidders should state any payment discount in space provided on Proposal form. 34. 35. 36. Bid H-45-08 Page 13 of 22 Bidder Name Optional Contract Usage As provided in Section 287.042(17), Florida Statutes, State of Florida agencies may purchase from a contract resulting from this solicitation, provided the Department of Management Services, Division of Purchasing, has certified its use to be cost effective and in the best interest of the State. Contractor(s) may sell such commodities or services certified by the Division to State of Florida agencies at the contractor's ofllion. Non Discrimination There shall be no discrimination as to race, color, religion, gender, national origin, ancestry, and physical or mental disability in the operations conducted under this contract Included as applicable activities by the contractor under this section are the solicitation for, or purchase of, goods or services, or the subcontracting of work in performance of this contract Notice To Contractor The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Irrunigration and Nationality Act.' If the . contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract Initial Bidder Name SECTION III - PROPOSAL IMPORTANT!!! BID MUST BE SIGNED TO BE CONSIDERED FOR AWARD PER GENERAL CONDITIONS SECTION 3 Antiscalant, as specified herein $ (per gallon) Recommended Dosage (mgIL) Product offered: Manufacturer Product weight (pounds per gallon): Does the product offered conform to ANSI/NSF Standard 60? Yes _ No Each order placed shall be no less than 2,500 gallons Describe dosage/monitoring/control equipment to be provided: Delivery time after receipt of order calendar days State telephone number for placement of orders: State telephone number for emergency contact after regular hours: State your method of delivery from source to City's water treatment plant: How will you assure supply and delivery to the City in the event of a transportation crisis involving truck, railcar, etc.? Bid H-45-08 Page 14 of22 Initial ( c '- Bidder Name If awarded the contract resulting from this bid, will your company agree to extend the same prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not required for contract award.) Yes No Conflict of Interest: For purposes of determining any possible conflict of interest, all bidders must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or employee of their business. Indicate either "Yes" (a City employee is also associated with your business), or "No". If yes, give person(s) name(s) and position(s) with your business. (Note: If answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313.) No Yes Name & position Drug-Free Workolace: Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual service, a bid received from a business that certifies that it has implemented a Drug-free Workplace Program shall be given preference in the award process. Ifbidder's company has a Drug-free Workplace Program as outlined in General Conditions, section 32., so certify below: Yes, bidder has a drug-free workplace program _ No Is your company a Small Business Enterprise, as described in Section 1. Specifications/Special Conditions, H. Small Business Enterprise Program? Yes No Name & address of company submitting bid: .................................................................. Zip ................. Federal Employer Identification # or Social Security #: Telephone number: .................................................. .................. "Fax" number: ............................................................................ Bid H-45-08 Initial Page 15 of22 Bidder Name Acknowledgment of the following Addenda is noted: Addendum Number(s) Date( s) Issued I M"ool ';gn,m" or <om.", om"" IMPORTANT!!! -- SIGN IN BOX ABOVE +. TYPE OR PRINT NAME BELOW'" Signer's name (typed or printed): ................................. .............................................................. Title of signer: ........... .................................. ..... .......................................................................... *** Submit one (I) original bid, and one (I) copy. Submit two (2) original copies of all enclosures such as brochures, manuals, etc. Bidders should submit, with their bid proposal: A copy of written correspondence from Hydranautics, the membrane manufacturer, stating they have approved the product proposed. Technical product literature, applicable MSDS, and proof that the product bid has been approved by applicable Federal agencies for use in drinking water. A list of RO/Nano customers using the product. Descriptive literature on the dosage, monitoring and control equipment with display and alarm to be provided. Bid H-45-08 Page 16 of22 Initial ( - OJ ~ - c 0 0- c ~ 0 E 0) <:t: E '" z ... 0) -0 -0 ai - c ~ ~ 0 ~ Q) E 11 E <:t: I C'O "C - 0 Z ~ Q) OJ .... E C'O Z <:t: .... 0 (/) o .... - I -.... ~ .g c -w 0 0 O:::(/) - ..... Q) 0 OJ 0- C'O 0 c.. >- -.JO:::~ .... Q) Q) w u.c.. - -.J ClJ (/) c -0::: 0::: 0 ClJ Z (/) W IwO 0 I- 0 0 >- Ol-u. I- W C'O I <:t:zz - (/) 0 wwO ::> I- --- ClJ(/)_ >- (, 0(/)1- I- zw<:t: <:t:zc.. 0 c..-O 0::: ~(/)- ::>1- 0 OClJO::: u. N N c..-.J<:t: >- '- u.-.Jc.. 0> 0 O<:t: .... c r- >-~ Q) 1:: - .0 0) I-(/) E 0 00 OJ '" 0 - 6~ OJ p., '-' C'O C'O - (/) "C C .... Q) 0 CD c CD - oc..o "" .c E Q) . .0 Qi ~ (/) I- "C CD - - (/) c CD ~ ~ E 0 0' i:1i E CD .!:: <:t: .... :;:; u. (/) f= '0 - - OJ C o<:l ro CD ~ 00 Q) .... E 0 - .... E c , CD 0 ~ l- V'> .0 ro '-' '<t E z 0 0 ClJ , Cii "C I ::r: ~ CD -0 Z - X 0 .... ai "C I- <:t: w i:ii Bidder Name LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR Bid Number TO: (Name of Prime or General Bidder) The undersigned intends to perform subcontracting work in connection with the above contract as (check below) an individual a corporation a partnership a joint venture The undersigned is prepared to perform the following work in connection with the above Contract, as hereafter described in detail: at the following price: (Date) (Name of SBE Contractor) BY: SBE EXHIBIT "B" Bid H-45-08 Page 18 of22 Initial Bidder Name ( , SMAll BUSINESS ENTERPRISE (SBE) UNAVAilABILITY FORM BID# I, (Name and Title) of , certify that on the day of , , I invited the following SBE CONTRACTOR(s) to bid work items to be performed in the City of Pompano Beach: SBE Contractor Address Work Items Sought Form of Bid Sought (Le., Unit Price, Materials/labor labor Only, etc.) c Said SBE CONTRACTOR(s): Did not bid in response to the invitation Submitted a bid which was not the low responsible bid Other: Signature: Date: Note: Attach additional documents as available. SBE EXHIBIT "C" Bid H-45-08 Page 19 of22 Initial Bidder Name GOOD FAITH EFFORT REPORT BID# 1. What portions of the contract have you identified as SBE opportunities? 2. Did you provide adequate information to identified SBE? Please comment on how you provided this information. 3. Did you send written notices to SBEs? Yes No If yes, please include copy of the notice and the list of individuals who were forwarded copies of the notices. 4. Did you advertise in local publications? Yes No If yes, please attach copies of the ads, including name and dates of publication. . 5. Did you contact any organizations with large constituents of SBE members for possible sub-contractors? Please attach list of resource organizations used. 6. What type of efforts did you make to assist SBEs in contracting with you? Bid H-45-08 Page 20 of22 Initial Bidder Name 7. List the SBEs you will utilize and subcontract amount. $ $ $ 8. Other comments: Note: Please attach the unavailability letters with this report. ( SBE EXHIBIT "0" Bid H-45-08 Page 21 of22 Initial Bidder Name STATEMENT OF NO RESPONSE If you do not intend to bid on this requirement, please complete and return this form by the bid opening deadline to the City of Pompano Beach Purchasing Division, Building C, 1190 N.E. 3rd Avenue, Pompano Beach, Florida 33060; this form rnaybe faxed to (954) 786-4168. Failure to respond, either by submitting a bid, or by submitting a "Statement of No Response" form, may result in your firm's name being removed from our mailing list. WE, the undersigned, have declined to bid on this solicitation for the following reason(s): We do not offer this product or an equivalent Our workload would not permit us to perform Insufficient time to respond to the Invitation for Bid Unable to meet specifications (explain below) Other (specify below) Remarks COMPANY NAME ADDRESS TELEPHONE SIGNA TURE/TITLE DATE Bid H-45-08 Page 22 of22 Initial N NALCO Nalco Company Municipal ~ leG 1601 West Diehl Road NapelVille. IL 60563-1198 August 29th 2009 City of Boynton Beach Utilities Dept. Attn: Bevis Pigott, Division Manager, Water Quality and Treatment 124 E. Woolbright Rd Boynton Beach, FL 33435 Mr. Pigott, Please accept this letter as evidence that Nalco Company approves of the use of our PC-1850T for the City of Boynton Beach under the same terms and conditions as provided in bid H-45-08 with the City of Pompano Beach. Sincerely, Patrick St. Jules Inside Sales Nalco Company t:- XfI).;5 / r \1<15 1/ CITY CLERK'S OFFICE MEMORANDUM TO: Bevis Pigott FROM: Janet M. Prainito, CMC City Clerk DATE: November 17, 2009 RE: R09-140 Contract for the Purchase of Anti-Sealant Attached for your for your information and files is an executed copy of the agreement mentioned above. Since the document has been fully executed, I have retained the original for Central File. Please contact me if there are any questions. Thank you. ~1n. p~ Attachments cc: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Bevis Piggot - R09-140.doc SICCIWP\AFTER COMMISSIONIDepartmental Transmittalsl2009\BeVIS Plggol- R09-14Q,doc