HomeMy WebLinkAboutItem 06.bbLake
Date: 5 December 2013
Item No.
RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR WATER
TREATMENT CHEMICALS TO HAWKINS INC.
Proposed Action
Staff recommends adoption of the following motion: _Move to accept bids for water
treatment chemicals and award the contract to Hawkins Inc.
Passage of this motion enables the purchase of water treatment chemicals by the Public
Works Department for 2014 to meet water treatment needs.
Overview
The department solicits bids annually for its water treatment chemicals. The chemicals in the
bid package provide for disinfection of the water and distribution system, oxidation and
removal of iron and manganese, and fluoridation of the water to meet state standards.
Two vendors submitted bids for water treatment chemicals. Bids from both vendors were
evaluated in terms of unit pricing and chemical suitability for the water treatment process.
Both vendors met the chemical requirements for the products bid. However, Hawkins Inc.
submitted the lowest unit prices of the two vendors. Chemical prices for 2014 show a
decrease in cost in comparison with 2013 prices. The Utilities Division will price and buy
potassium permanganate based on need.
A notice to suppliers requesting sealed bids was published on 1 November 2013 and sealed
bids were opened on 22 November 2013. Staff recommends acceptance of the bids and
award of the contract.
Primary Issues to Consider
• What is the importance of water treatment chemicals? Use of these chemicals is required
to comply with the federal Safe Drinking Water Act and state requirements.
Supporting Information
• A copy of the bid tabulation and contract are attached.
Christ . Petree
Public Works Director
Financial Impact: $69,209.00
Related Documents (CIP, ERP, etc.):
Notes:
Budgeted: Yes Source: 7681.6126
CITY OF LAKEVILLE
RESOLUTION NO:
RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR
WATER TREATMENT CHEMICALS TO HAWKINS INC.
WHEREAS, notices to bidders for the acceptance of sealed bids for hydrofluosilicic acid,
chlorine, potassium permanganate, polymer, and sodium tri- polyphosphate were officially
published on 1 November 2013, and
WHEREAS, sealed bids for water treatment chemicals were opened at 11:00 a.m. on
22 November 2013, and
WHEREAS, the lowest responsible bidder for hydrofluosilicic acid at a unit price of $309
per pound, chlorine at a unit price for 1 -ton cylinders of $.215 per pound and for 150 -1b tanks of
$34 per pound, polymer at a unit price of $2.12 per pound, and sodium tri- polyphosphate at unit
price of $343 per pound was Hawkins Inc., 2381 Rosegate, Roseville, Minnesota 55113.
NOW, THEREFORE, BE IT RESOLVED, that the bids are accepted for water treatment
chemicals and the contract is awarded to Hawkins Inc.
APPROVED AND ADOPTED this 16 day of December 2013 by the City Council of the
City of Lakeville.
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
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CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS
THIS AGREEMENT made this day of . 2013, by and between the CITY
OF LAKEVILLE, hereinafter referred to as the "City ", and HAWKINS INC. - WATER TREATMENT
GROUP, hereinafter referred to as the "Supplier ".
THE CITY AND THE SUPPLIER, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE
AS FOLLOWS:
1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but
generally consists of the purchase and delivery of water treatment chemicals. The
Supplier agrees to perform the services as detailed in the Contract Documents.
2. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents ", all of which shall be taken together as a whole as the contract
between the parties as if they were set verbatim and in full herein:
A. This document entitled "Contract for the Purchase of Water Treatment
Chemicals ".
B. Instructions to Bidders
C. Technical Specifications
D. Supplier's Bid
If there is a conflict among the provisions of the Contract, the order in which they are
listed above shall control in resolving any such conflicts with Contract Document "A"
having the first priority and Contract Document "D" having the last priority.
3. OBLIGATIONS OF THE SUPPLIER. The Supplier agrees that the work contemplated by
the Contract shall be fully and satisfactorily completed in accordance with the terms of
the Contract Documents.
4. PAYMENT.
A. The City agrees to pay and the Supplier agrees to receive and accept payment in
accordance with the prices quoted as set forth in the completed Bid Form.
Payment to the Supplier shall be made monthly based on deliveries and
submission and approval of an invoice.
B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the
Supplier must pay any subcontractor within ten (10) days of the Supplier's
receipt of payment from the City for undisputed services provided by the
subcontractor. The Supplier must pay interest of 1' /z percent per month or any
part of a month to the subcontractor on any undisputed amount not paid on
time to the subcontractor. The minimum monthly interest penalty payment for
an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less
than $100.00, the Supplier shall pay the actual penalty due to the
subcontractor.
5. INDEMNIFICATION.
A. The Supplier shall indemnify, defend and hold harmless the City and its
officials, agents, representatives, and employees from any loss, claim, liability
and expense (including reasonable attorney's fees and expenses of litigation)
with respect to: (a) Worker's Compensation benefits payable on account of
injury or death to any Supplier employee or to any employee of Supplier's
subcontractors, where the injury or death arises out of or is in any way related
to the work performed or to be performed under the Contract; (b) claims for
personal injury, death, or property damage or loss asserted by a Supplier or
subcontractor or any of their officers, agents, representatives, or employees
where the injury, death, damage, or loss arises out of or is in any way related to
the work performed or to be performed under the Contract; and (c) claims for
personal injury, death, or property damage or loss as asserted by third - parties
at the work site, where the claim is based in the whole or in any part on, or is in
any way related to, any act or omission by Supplier, or Supplier's
subcontractors, agents, employees or delegates.
B. Supplier shall agree that the indemnities stated above shall be construed and
applied in favor of indemnification. To the extent permitted by law, the stated
indemnities shall apply regardless of any strict liability or negligence
attributable to the City and regardless of the extent to which the underlying
harm is attributable to the negligence or otherwise wrongful act or omission
(including breach of contract) of Supplier, its subcontractors, agents,
employees or delegates. Supplier also agrees that if applicable law limits or
precludes any aspect of the stated indemnities, then the indemnities will be
considered limited only to the extent necessary to comply with that applicable
law. The stated indemnities continue until all applicable statutes of limitations
have run.
C. If a claim arises within the scope of the stated indemnity, the City may require
Supplier to furnish a written acceptance of tender of defense and indemnity
from Supplier's insurance company. Supplier will take the action required by
City within fifteen (15) days of receiving notice from City.
6. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available
by law.
B. No action or failure to act by the City or the Supplier shall constitute a waiver of
any right or duty afforded by any of them under the Contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
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7. GOVERNING LAW. The Contract shall be governed by the laws of the State of
Minnesota.
S. INSURANCE. Prior to commencing work on the Contract, the Supplier shall furnish
the City a certificate of insurance. The Supplier shall furnish and maintain during the
project such public liability and property damage insurance as shall protect Supplier
and any subcontractors performing work covered by the Contract from claims for
damages by Workers Compensation Statute, and from claims for property damages or
personal injury which may arise from operations under this Contract, whether such
operations are by Supplier or by an subcontractor or anyone directly or indirectly
employed by either of them and the amounts of insurance shall be as follows:
A. Workers Compensation - as provided in the applicable law.
B. Comprehensive Public:
Liability - Personal Injury - $ 2,000,000.00
Property Damage - $ 2,000,000.00
C. Comprehensive Automobile:
Liability - Personal Injury - $ 2,000,000.00
Property Damage - $ 2,000,000.00
All insurance policies (or riders) required by this Contract shall be (i) taken out by
Supplier and maintained with responsible insurance companies organized under the
laws of one of the states of the United States and qualified to do business in the State
of Minnesota, (ii) shall contain a provision that the insurer shall not cancel or revise
coverage thereunder without giving written notice to Supplier as an insured party and
to City as an additional insured at least thirty (30) days before cancellation or revision
becomes effective, (iii) shall name Supplier as an insured party and City as an
additional insured; (iv) shall be evidenced by a Certificate of Insurance listing City as an
additional insured which shall be filed with the City.
9. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not
required.
10. TERM. The term of this Contract shall begin on or about 1 January 2014 and end on
31 December 2014, both dates inclusive, unless sooner terminated as hereinafter
provided.
11. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Supplier agree that the
Supplier shall furnish any and all supplies, equipment, and incidentals necessary for
Supplier's performance of this Contract.
12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right to terminate
Supplier at will immediately without cause at any time within the term of this
Contract. In the event of such termination, the City shall provide Supplier written
notice of termination and upon receipt of same, Supplier shall immediately cease and
desist Supplier's provision of services under this Contract and City shall have no
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further obligation under this Contract to pay any further compensation to Supplier
except for compensation due and owing for services prior to Supplier's receipt of the
written notice of termination.
13. INDEPENDENT SUPPLIER. City and Supplier agree that Supplier, while engaged in
carrying out and complying with the terms and conditions of this Contract and the
provision of services thereunder, shall be considered at all times an independent
Supplier and not an officer, employee, or agent of the City. City and Supplier further
agree that Supplier shall not at any time or in any manner represent that Supplier or
any of the Supplier's agents or employees are in any manner agents or employees of
the City. City and Supplier further agree that Supplier shall be exclusively responsible
under this Contract for Supplier's own FICA payment, workers compensation
payments, unemployment compensation payments, withholding amounts, and /or
self - employment taxes or other taxes if any such payments, amounts, or taxes are
required to be paid by law or regulations.
14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other
correspondence to be provided by or between the City and the Supplier in accordance
with this Contract shall be hand delivered or mailed by registered or certified mail to
the following address:
CITY: City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
SUPPLIER: Hawkins Inc. — Water Treatment Group
2381 Rosegate
Roseville, Minnesota 55113
15. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this
Contract by Supplier shall not operate or be construed as a waiver of a subsequent
default by the Supplier. No waiver shall be valid unless in writing and signed by the
Mayor and the City Administrator on behalf of the City.
16. NO ASSIGNMENT OR SUBCONTRACTING. The City and Supplier agree that the
services to be rendered by the Supplier under this Contract are unique and personal.
Accordingly, the Supplier may not assign or subcontract out any of the Supplier's
rights or any of the Supplier's duties or obligations under this Contract.
17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any
application hereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Contract or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be effected hereby and each term and provision of this
Contract shall be valid and be enforced to the fullest extent permitted by law.
E .
18. DATA PRACTICES /RECORDS.
A. All data created, collected, received, maintained, or disseminated for any purpose
in the course of this Contract is governed by the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state
rules adopted to implement the act, as well as federal regulations on data privacy.
B. All books, records, documents, and accounting procedures and practices of the
Supplier and its subcontractors, if any, relative to this Contract are subject to
examination by the City.
19. WARRANTY. The Supplier shall be held responsible for any and all defects in
workmanship, materials, and equipment which may develop in any part of the
contracted service, and upon proper notification by the City shall immediately replace,
without cost to the City, any such faulty part or parts and damage done by reason of the
same in accordance with the bid specifications.
20. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or
from time to time, order additions, deletions, or revisions in the Work, these will be
authorized by Change Orders. Upon receipt of a Change Order, the Supplier shall
proceed with the work involved. Changes in the Contract Price shall be based on the
Bid Unit Prices
21. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement
between the parties and no oral statement or representation or prior written matter
not contained in this instrument shall have any force and effect. This Contract shall
not be modified in any way except by writing executed by both parties.
22. DISCRIMINATION. Supplier agrees to comply with Minnesota Statute 181.59 that
states:
Subsection A. That, in the hiring of common or skilled labor for the performance of
any work under any contract, or any subcontract, no Supplier, material supplier or
vendor, shall, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and
available to perform the work to which the employment relates;
Subsection B. That no Supplier, material supplier, or vendor, shall, in any manner,
discriminate against, or intimidate, or prevent the employment of any person or
persons identified in clause (1) of this section, or on being hired, prevent, or conspire
to prevent the person or persons from the performance of work under any contract on
account of race, creed, or color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the state, county,
city, town, school board, or any other person authorized to grant the contracts for
employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this
contract.
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23. BACKGROUND CHECKS. The City may require criminal history background checks of
the Supplier's employee's for purposes of access to City facilities. The City reserves the
right to deny access to City facilities to those Suppliers or Supplier's employees that it
deems inappropriate.
STATE OF MINNESOTA )
(ss.
COUNTY OF )
CITY OF LAKEVILLE
F3"
Matt Little, Mayor
AND:
Charlene Friedges, City Clerk
SUPPLIER:
Hawkins Inc. - Water Treatment Group
Its
The foregoing instrument was acknowledged before me this day of
2013, by Matt Little and by Charlene Friedges, respectively the Mayor and the
City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2013, by
of
corporation, on behalf of the corporation.
NOTARY PUBLIC
day of
the
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