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HomeMy WebLinkAboutContract 47472-R3 CSC No. 474-12- 123 G\� S�60 `l CITY OF FORT WORTH CONTRACT RENEWAL NOTICE U.S.Peroxide, LLC d/b/a/USP Technologies 900 Circle 75 Parkway,Suite 1330 Atlanta,GA 30339 Re. NOTICE OF CONTRACT RENEWAL Odor Control Services Contract No.CSC No.47472 Renewal Term No.3:January 26,2019 to January 25,2020 The above referenced Contract will expire on January 25, 2019. Pursuant to the Contract, contract renewals are atthe sole option ofthe City.This letter is to inform you that the City is exercising its right to renew CSC No. 47472 for an additional one year period, which will begin immediately upon the expiration of the current term and will end on January 25,2020 or expenditure of funding, whichever occurs first. All other terms and conditions of CSC No. 47472 remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Notice of Contract Renewal. Please log onto PeopleSoft Online at http://fortworihtexas.gov�purchasine to insure that your company information is correct and up-to-date. ]r If you have any questions concerning this Contract Renewal Notice,please contact me at the telephone number listed below. Sincerely yours, Darla Morales Parts Material Supervisor Village Creek Water Reclamation and Reuse Division 817-392-4932 By: �. x''�}t;t Date: (1171"I`—ICA ` Prin de d tle P Ig e �` Q F OR... , O�CITY oR�WORTH: ATT •�• UA— Jesus J.Chapa,Assistant City Manager Mary J.K s - Se tary i • �(AS Date: I M&C No. P-11830 t m 1'!. r�.s TO POM A"�D ,ALITY: OFFICIAL RECORD CITY SECRETARY tas stant^i FT. 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N O N lu V 27 is w N i N N iD C m i- a N i0 M DO N O N A a au ,^ a_a O ,n I v t u�- u w M tl, E O N a a =O N a ro E L N N 4 ro M 0 p m o ai N -,,, `u ,v y m m 7 y, + r oo v "� ro a L ¢ O cS o y Y p .� C u e c u ,N. C u a n 0 c N o N b E o o Z v b N 7� - .� m c a r o. m c O w «r a 00 •L � a N � L ,� aj cli /1L � Nuc a V! oG m Q G v _ _U �x Nom. io b J N v N w LL � 4 N 2l f i O N C N x- da /� tC zI � s y aQ Ori y cy AteA,, Q 1 Y GO O �O O iGN mCLL V a m ~ C v t �r 14 �//�� oo c a CN a ra _ CCro .M u1 E .N T ? G N V1 U cu m * O a--� D o� r •A\ ) N a O W � � tw aj m G E o N N y Qci y OL m n (U CLE o N E ate, m aj �'Q T N O a a• .D QO 2 c s E © o E v ® J Q °• � v m N 0 o —N_ CL m In N vi IA . m+.j ull CtUSP echnologies% S:lunr,ns fora clean envi€.rir-ent December 21, 2018 VIA: email Darla Morales Parts/Material Supervisor Village Creek WRF 4500 Wilma Lane Arlington, TX 76012 RE: 2019 Odor Control Program Pricing, RFP No. 16-0006 Dear Darla, Thank you for your business over the past year! U.S. Peroxide, LLC dba USP Technologies is pleased to offer renewal pricing at the current rate of$0.305/lb for the 50% hydrogen peroxide full-service odor control program and an increase to $0.0993/lb for the 60% Liquid Ferric Sulfate full-service odor control program, both for the period of 1/26/2019 to 1/25/2020 as bid in RFP No. 16-0006. The iron pricing represents a 4.9% (or$0.0046/lb) increase and is primarily to offset our increases in raw materials and the increased cost of maintenance/service. In addition, Feed Station, H2S Monitoring and Odor Control Service Fees will all stay the same and continue to be invoiced as one line item under Facility& Maintenance Service Fee at$2,100/month each for the two iron locations and$1300/month for the hydrogen peroxide location. Lastly, please note that all other products priced in our above-referenced bid will also increase 4.9%, should the City wish to initiate usage and are outlined as follows: Chemical Current Price %Increase New Price Liquid Ferric Chloride 30-32% $0.1091/Ib 4.9% $0.1144/Ib Liquid Ferrous Chloride 27-30•/6 $0.1296/Ib 4.9% $0.1360/lb Liquid Ferrous Sulfate 13-14% $0.0617/Ib 4.9% $0.0647/Ib The iron salt industry continues to be dependent on commodity raw materials for chemical production including hydrochloric acid, chlorine and scrap iron, all of which are subject to rapid price fluctuations. As a result of swift and significant changes in cost and availability, long term pricing is more difficult to predict and maintain. USP Technologies has received an average price increase of over 5%from the two suppliers that we use to supply ferric sulfate to Village Creek. Please see the attached for supporting documentation. USP Technologies appreciates the opportunity to continue to supply your odor control needs. We are committed to providing you with the highest quality equipment, service and product supply and will continue to leverage our scale to deliver these services safely and at the most competitive price. Should you have any questions, please do not hesitate to give me a call at 678-662-3810. Sincerely, USP Technologies usptechnologies.com 1375 Peachtree Street NE,Suite 300 N,Atlanta,GA 30309 trojantechnologies.com Phone: 404-352-6070 Fax: 404-352-6077 info@usptechnologies.com USP technologies' [/We agree to the above renewal,and terms and conditions. Eric Mehr Company Name: USP Technologies Regional Program Manager Signature: Please print name: Date: 2 QLZIUSP technologies Terms&Conditions: 1. Weights. Seller's weights and volumes shall govern,except that in case of proven error adjustment shall be made. 2. Risk of Loss. Risk of loss and responsibility for all goods sold or provided hereunder shall pass to Buyer upon Seller's delivery to Buyer. 3. Warranty&Liability. Seller warrants that the goods shall conform to Sellers standard specifications in effect at time of shipment. SELLER MAKES NO OTHER WARRANTY,EXPRESS,OR IMPLIED, COVERING THE GOODS AND DISCLAIMS THE IMPLIED WARRANTY OF FITNESS FOR PURPOSE. Upon passage of title to the goods, Buyer assumes all responsibility and liability for and agrees to defend and indemnify Seller against,all claims, loss or damage resulting from Buyers storage,handling,sale or use of the goods or their containers. 4. Indemnification. Buyer shall indemnify,defend and hold Seller harmless from and against that portion of any liability,costs,expense (including without limitation reasonable attorneys'fees and expenses),claim,judgment,settlement or damage(collectively,"Claims")that Seller may incur or be required to pay to any third party(including without limitation any employee of Buyer regardless of whether such employee is barred under applicable law from claiming against Buyer)which is caused or contributed to by any act or omission of Buyer, including without limitation those arising from the negligence of Seller.If Buyer resells the products sold hereunder,Buyer will use its best commercial efforts to obtain from its purchaser an indemnification similar to the foregoing for the benefit of Buyer and Seller. 5. Damages&Claims. Seller's liability for damages and remedies against the Seller shall be limited to return of the purchase price of the particular delivery with respect to which such damages are claimed. The foregoing constitutes the exclusive remedy against the Seller and entire liability of the Seller in connection with such delivery and Seller shall not be liable for any incidental or consequential damages. Buyer shall inspect each shipment of goods within a reasonable time after arrival at Buyers plant,and in any event before use. Failure to make a claim in writing against the Seller within 30 days after arrival of goods at destination shall constitute an irrevocable acceptance of goods. Any action for breach of this contract must be commenced within one year after the cause of action has accrued. 6. Default or Waiver. If Buyer fails to perform any of the terms of this contract,Seller may defer shipments until such failure is made good or may treat such failure as final refusal to accept further shipments and may cancel this contract. A Seller may terminate this contract if Buyer becomes insolvent. This contract shall automatically terminate in the event Buyer assigns his property for the benefit of creditors or is adjudicated a bankrupt. Either party's waive of such party's rights thereafter to enforce and compel strict compliance with conditions of this contract,at any time,shall not in any way affect,limit,or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of the contract. 7. Excuses for Nonperformance. Seller shall have no liability for any delay or failure in performance hereunder,in whole or in part,if such delay or failure arises from(i)compliance in good faith with any foreign or domestic governmental regulation or order,whether or not later shown invalid or inapplicable;(ii)the occurrence of any contingency the nonoccurrence of which was a basic assumption at the time this contract was made,including without limitation acts of God,fire,flood, accident,riot,war,terrorism,sabotage,strike,lock-out,labor trouble or shortage,breakdown or failure of equipment,or embargo;(iii)Seller's inability to obtain any required product,material,energy source, equipment,labor,or transportation at prices and on terms deemed by Seller to be acceptable;(iv)Seller's incurring increased costs for compliance with environmental protection,health or safety regulations;or(v)any other event or occurrence not within the reasonable control of Seller. If any such circumstances affect only a part of Seller's capacity to perform,Seller may allocate products,services and deliveries among its customers and its own requirements as Seller may determine in its sole discretion.Quantities affected by this paragraph may,at the option of either party,be eliminated from the contract without liability,but the contract shall remain otherwise unaffected. 8. Assignability&Continuity. The Buyer shall not assign this contract or any right or obligation under this contract without Seller's prior, written approval;however,this contract shall be binding upon and inure to the benefit of any actual or purported successors of the parties hereto. 9. Surcharges. Notwithstanding anything in this Contract to the contrary,Seller reserves the right to impose a special temporary surcharge in the event of any increase in the price of energy or any other raw material that is reasonably likely to have a material impact on Seller's overall costs of Products and Services,or is imposed on Seller by its material or services providers. The amount of such surcharge will be limited to that required to negate the increase in Seller's costs resulting from such increases. Seller shall give Buyer written notice at least ten(10)business days prior to imposing any such surcharge and shall reduce or remove such surcharge at such time as the price of energy or raw materials return to levels which no longer justify such increase. 10. Patents. Seller represents that to the best of its knowledge,the sale and/or use by Buyer of goods in the form sold hereunder will not infringe any composition of matter claims in any adversely held U.S. Patent claiming the goods per se,but in the event that it is alleged that such sale and/or use constitutes infringement of such Patent,then Seller's liability to the Buyer shall(i)be limited to the defense of such infringement actions and the payment of damages awarded therefor by a court of competent jurisdiction from which no appeal is or can be taken,and(ii)arise only if Buyer promptly gives Seller written notice of such claim and full authority, information and assistance for the defense of such claim.Seller's warranty as to use patents only applies to infringement arising solely out of the use of the goods according to their applications as envisioned by Seller's specifications.In no event shall Seller be liable for any infringement or alleged infringement arising from or caused or alleged to be caused by Buyer's combination of the goods supplied hereunder with other goods in any fashion not specifically recommended by Seller or by use of the goods in any process not specifically provided or recommended by Seller and is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Seller against all losses,claims,expenses or damages which may result from the misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. The foregoing states the entire liability of the Seller with respect to patent infringement by said goods. Seller reserves the right to suspend deliveries hereunder,or to terminate this contract,if the Seller believes that the manufacture and/or sale by the Seller,or the sale and/or use by the Buyer,of any goods sold hereunder infringes on any U.S.PATENT. 11.Applicable Law—Entirety. The construction,performance and completion of this contract shall be governed by the law of the state of Delaware. This contract is intended by the parties as the final expression of their agreement and is the complete and exclusive statement of the terms thereof,notwithstanding any oral representations or statements to the contrary heretofore made. No modification or release shall be effective unless in writing,signed by both parties, and specifically stating it is such modification or release. 12.Termination. If pursuant to any Federal,State or local law,regulation or ordinance Seller is required to install any additional equipment or facilities,in order to comply with governmental standards and if the cost of such installation,in Sellers opinion,makes it uneconomic to Seller to continue production of the goods,Seller may terminate this contract on 30 days prior written notice to buyer. 13.Acceptance. All sales and purchases of products hereunder are limited to and conditional on Buyer's acceptance of these standard terms and conditions.Seller objects to and rejects any terms and conditions that may be proposed by Buyer which are in addition to or different from these standard terms and conditions.No modification of this contract shall be effected by the acknowledgment or acceptance of purchase order forms containing different or additional terms or conditions. 3 EXHIBIT A Revislon 1 ODOR CONTROL.PROGRAM SCOPE OF SERVICES BID SHEET TECHiAL&FUNCTIONAL REQUIREMENTS:ODOR CONTROL PROGRAM SCOPE of SERVICES BfD 3HEETrContraclorshall provlde'all labor, malerial,supplies and equlpment to'perfonnahe'following: I 8. LlouidFerric Chloride -solution of30.40%FeC13, Specific °lo Ea ma a Unit of Description p avi FeCi3 uanli Measure Unit Cost Total Cost LLif uld Ferric Chloride,delivery Included. Estimate quantity Is based on feeding 25 ppm of FeC13(dry weight)at 100 1.35-1.4 30-32% 7,610,250 Pound $0.1044 $794,510.9 MGD for 365 days. Feed Station Setup Foe-turnkey cost to set up a feed station,including equipment,piping,appurtenances,labor, monitodng/alarming/telemetry Instrumentation,storage 2,500 gallon tank and spill containment,etc. As needed,City will install tanks stem' 1 EA 5,000 $ 0 - fencing and site concrete pad,obtain easements,build Y access roads,obtain property owner permissions,and provide water and electricity service. Feed Station Setup Fee-turnkey cost to set up a feed station,Including equipment,piping,appurtenances,labor, monitoring/alarming/teiemetry Instrumentation,storage 5,000 gallon 8,000 0 tank and spill containment,etc. As needed,City will install 1 EA $ fencing and site concrete pad,obtain easements,build tank system' access roads,obtain property owner permissions,and provide water and electricity service. Feed Station Setup Fee-turnkey cost to set up a feed station,including equipment,piping,appurtenances,labor, monitoring/alarmingRelemotryfnatrumenla0on,storage 10,000 gallon tank and spill containment,etc. As needed,City will install 1 EA 8,000 $ 8,000 fencing and site concrete pad,obtain easements,build tank system+ access roads,obtain property owner permissions,and provide water and electricity service. 'Vendor may bid on any or all of the differentl sized systems Feed Station Monthly Fee-Monthly fee per vendor- installed feed station(does not include treatment product). 12 EA $1,550 $ 18,600- Does not apply If feed station is provided and maintained �. by City. HoS Monitodno Site Monthly Fee-Monthly fee per 12 EA $195 $ 2,340- hydrogen sulfide monitoring site. Odor Control Service Monthly Mansoement Fee.Including 12 EA $355 $ 4,260- administration,web services,and reporting. Total $ $827,710.10 Minimum shipment quantities: 45,000 lbs M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F H COUNCIL ACTION: Approved on 1/26/2016 DATE: 1/26/2016 REFERENCE NO.: P-11830 LOG NAME: 13P16-0006 ODOR CONTROL MJR CODE: P TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of Contracts with D3W Industries, NRP Group, Inc., U.S. Peroxide, LLC d/b/a USP Technologies, Premier Magnesia, LLC, Kemira Water Solutions, Inc., and Cherntrade Chemicals US, LLC, in the Amount Up to $3,960,000.00 for the Initial Term for Odor Control Services for the Water Department(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of contracts with D3W Industries, NRP Group, Inc., U.S. Peroxide, LLC d/b/a USP Technologies, Premier Magnesia, LLC, Kemira Water Solutions, Inc., and Chemtrade Chemicals US, LLC, in the amount up to $3,960,000.00 for the initial term for odor control services for the Water Department. DISCUSSION: The Water Department will use these contracts to provide odor control products and services in Field Operations wastewater collection systems and the Village Creek Reclamation Facility (Village Creek Wastewater Treatment Plant) on an as needed basis. RFP ADVERTISEMENT-A Request for Proposals (RFP)was advertised in the Fort Worth Star- Telegram every Wednesday from October 21, 2015 through November 18, 2015. The evaluation factors consisted of customer service, product quality and performance, monitoring systems or data availability and proposed contract price. Sixteen vendors were solicited from the purchasing vendor database system; seven responses were received. The proposals were reviewed by an evaluation committee consisting of staff from the Water Department Field Operations and Village Creek Wastewater Treatment Plant. The proposals from D3W Industries, NRP Group, Inc., U.S. Peroxide, LLC d/b/a USP Technologies, Premier Magnesia, LLC, Kemira Water Solutions, Inc., and Chemtrade Chemicals US, LLC, were determined to present the best value to the City. PRICE ANALYSIS - Prices under these contracts present an overall 1.24 percent increase than previously awarded on November 15, 2011 (M&C P-11325). No guarantee was made that a specific amount of goods and services would be purchased. However, Water Department may spend up to $3,960,000.00 with the contractors during the initial term of this Agreement. ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by the City Manager in the amount of up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. CONTRACT TERMS - Upon City Council's approval, the contracts will begin upon complete execution and expire on January 25, 2017. RENEWAL OPTIONS- These contracts may be renewed for up to four successive one-year periods under the same terms and conditions. The renewals will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. http://apps.cfwnet.org/council_packet/mc review.asp?ID=21815&councildate=1/26/2016 1/7/2019 M&C Review Page 2 of 2 M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE office, in accordance with the BIDE ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The approval of this action provides purchasing authority up to $3,960,000.00. The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water Department and that prior to an expenditure being made, the participating Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference#7 Amount 1 ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Jane Rogers (8385) Jack Dale (8357) ATTACHMENTS Form 1295 (13P16-0006).pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=21815&councildate=1/26/2016 1/7/2019