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HomeMy WebLinkAboutResolution No. 2014-025 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2014- A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNUAL CONTRACT WITH U.S. UNDERWATER SERVICES FOR THE PURPOSE OF INSPECTING AND CLEANING THE CITY'S WATER TANKS; APPROVING TWO OPTIONAL ONE YEAR EXTENSIONS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves awarding a bid to U.S. Underwater Services for the purpose of inspecting and cleaning the city's elevated and in-ground water tanks. Section 2. That the city manager is authorized to execute an annual contract, attached as "Exhibit A", in the amount of $53,565, and authorizing two optional one year extensions to the contract. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 6t" day of May, 2014. Jo McCou, y, Mayor / ity of The Colony, Te s O'ES f P )p f lJJj Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: C~... SEAL Jeff Moore, City Attorney STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of r - , 2014, by and between the CITY OF THE COLONY, TEXAS, a Texas home-rule municip 'ty (hereinafter called "OWNER") and U.S. Underwater Services, L.L.C., a Texas limited liability company (hereinafter called "CONTRACTOR"). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Provide annual potable water tank inspections, in-service cleanings and out of service High Pressure Washout and Concentrated Chlorine Disinfection of all Wet-Surfaces. Service shall be provided in accordance with Exhibit "A," which is attached hereto and incorporated herein for all purposes. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: All Elevated, Ground and Clear well water storage tanks and Hydro Tank, in accordance with Exhibit "B," which is attached hereto and incorporated herein for all purposes. ANNUAL CONTRACT FOR POTABLE WATER TANK INSPECTIONS AND CLEANING City of The Colony Bid #66-14-05 Article 2. CONTRACT TIME. BIDDER agrees that the contract shall be for one (1) full year. The bid may be extended for an additional two (2) one year extensions. Contract time will commence to run as provided in the Contract Documents. Article 3. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 7 of the Instructions to Bidders. Article 4. INTEREST. No interest shall ever- be due on late payments. Article 5. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 5.1. This Agreement. 5.2. Certificate of Insurance (page 14). 5.3. Notice of Award. 5.4. Specifications bearing the title: "Diver Tank Inspection and Cleaning Requirements" - Proposal, Bid, Contract, and Specifications for: ANNUAL CONTRACT FOR POTABLE WATER TANK INSPECTIONS AND CLEANING City of The Colony Bid #66-14-05 5.5. CONTRACTOR'S Proposal, Bid Schedule, and Summary of Annual Contract for Potable Water Tank Project (page 8 through 18). 5.6. Documentation submitted by CONTRACTOR prior to Notice of Award. Article 6. MISCELLANEOUS PROVISIONS. 6.1 Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 6.2 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, "Texas. 63 _Assignment. This Agreement may not be assigned without the express written consent of the other party. 6.4 Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. CONTRACTOR warrants and represents that the individual or individuals executing this Agreement on behalf of CONTRACTOR has full authority to execute this Agreement and bind CONTRACTOR to the same. OWNER warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind it to the same. 6.5 Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. 6.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 6.7 Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 6.8 Time is of the Essence. Time is of the essence in the performance of this Agreement. Article 7. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. [The Remainder of this Page Intentionally Left Blank] This Agreement will be effective on 12014. k OWNER: City of The Colony, Texas CONTRACTOR: U.S. Underwater Services, L.L.C. 6800 Main Street 123 Sentry Drive The Colony, Texas 75056 Mansfield, Texas 76063 BY: BY I' TITLE: Cer TITLE: V P- C 1C~ y°ATTEST: _ _y 1 om .rim Schrader, Sales Manager Address for giving notices: Address/for giving notices: U.S. Undemater Services, LLC City of the Colony U.S. Underwater Services, L.L.C. 6800 Main Street 123 Sentry Drive The Colony, Texas 75056 Mansfield, Texas 76063 Attn: Jimmy Arthur Attention: Michael Hale, VP/CFO Water Production Superintendent (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other- documents authorizing execution of Agreement.) Exhibit "A" City of The Colony Annual Contract for Potable Water Tank Inspections and Cleaning. The City of The Colony is seeking a qualified to contractor to perform annual TCEQ mandated potable water tank inspections and cleanings. The City currently operates eleven (11) water storage tanks this includes three (3) Elevated, four (4) Clear Wells, three (3) Ground Storage and one (1) Hydro tank. Contractors shall submit the cost for each tank and service in the Table below. Diver, Tank Inspection and Cleaning Requirements Dive Inspections • Contractor must provide human divers as related to all services performed in this contract. • Must be certified commercial divers and trained to dive and inspect potable water systems per- TCEQ and AWWA standards. • Will be required at all times to follow all OSHA safety regulations for the work being conducted. • Must be able to do inspections between the hours of Sam - 4:OOPM, Monday through Friday • Must be able to provide video, still photos, certificate of inspection, and detailed report of any deficiency with prices to make repairs. • Tanks must be left in service during inspections. • Reports will be expected to be delivered within 30 calendar days after inspection is complete. Tank Cleaning • Contractor must provide human divers as related to all services performed in this contract. • Must be certified commercial divers and trained to dive and inspect potable water systems per TCEQ and AWWA standards. ® Will be required at all times to follow all OSHA safety regulations for the work being conducted. • Must be able to do cleaning between the hours of Sam - 4pm, Monday through Friday. • Must be able to provide an after-cleaning video. • Must be able to provide cleaning solutions on tanks where the elevation and depth of the water level may not accommodate standard cleaning practices. • Tanks must be left in service during cleaning. • Video will be expected to be delivered within 30 calendar days after cleaning is complete. Chemical Tank Cleaning Washouts • Contractor must provide personnel certified and trained to clean and disinfect potable water tank systems per TCEQ and AWWA standards. • Contractor's personnel must be certified, trained and capable of safely and properly applying and removing cleaning solutions such as (Floran Top Ultra) in accordance with manufacture instructions. Contractor will be responsible for removing all sediment and neutralized chemicals from the tank. • Contractor must provide all NSF 60 certified cleaning chemicals and equipment needed including all equipment to perform the work such as pressure washers, sump pumps, hoses, ladders, squeegees and Personal Protective Equipment, elect. • Contractor will be required at all times to follow all OSHA safety regulations for the work being conducted at cities facilities. • Must be able to do cleaning between the hours of 8am - 4pm, Monday through Friday. • Must be able to provide cleaning solutions on tanks where the elevation and depth may not accommodate standard cleaning practices. • City will be responsible for draining the tanks to the lowest level possible within our means. Low spots or sumps in the floor will be the contractor responsibility for draining. • After cleaning floors and sumps must be drained, squeegeed and sediments removed by contractor. • Must be able to provide before and after-cleaning video. • Video will be expected to be delivered within 30 calendar days after cleaning is complete. TANK LOCATIONS AND INSPECTION/CLEANING SCHEDULES Vendors should not automatically assume that all tanks will be cleaned, City will inform contractor of which tanks will cleaned and which method to use. Does your company alloy any sort of discount for prompt payment; if so please Attach details/payment terms: Location Type Capacity Diameter Depth Cathodic Inspection Cleaning Chemical Protection Cost Cost Washout Co` (South Tank) Ground 3 MG 128' 32' NO Office Creek Pump Storage Station, 4180 Main, The Colony, TX 75056 (North Tank) Ground 3 MG 128' 32' NO Office Creek Pump Storage Station, 4180 Main, I The Colony, TX 75056 Pump Station # 1, Clear Well .400 MG 76' 13.6' NO 5300 Clover Valley, The Colony, TX 75056 Pump Station # 1, Elevated .500 MG 57' 35' NO 5300 Clover Valley, The Colony, TX 75056 Pump Station # 2, Clear Well .400 MG 78' 13.6' NO 6908 Main, The Colony, TX 75056 Pump Station # 2, Clear Well .600 MG 84'6" 16' NO 6908 Main, The Colony, TX 75056 1 Pump Station # 3, Clear Well 1.0 MG 99' 6" 21' NO I i572 N. Colony 3LVD, The Colony, 'X 75056 260 N. Colony Elevated .500 MG 57' 35' NO !LVD, The Colony, X 75056 5704 Chesapeake, Elevated 1.0 MG 69' 35' NO The Colony, TX 75056 Wynnwood Pump Ground 1.0 MG 66' 40' NO Station, 3989 I Storage Lebanon RD, The Colony, TX 75056 Wynnwood Pump Hydro Tank 10,000 8' 24' NO - Station, 3989 Gal. Lebanon RD, The -olon , TX 75056 Contractors Certifications All Certification information shall be summited with bid. 1. Contractor shall submit copies of each commercial diver's certification. a. All members of diver crew must provide an up to date copy of their commercial diver certification to the water production supervisor before the starting work. 2. Contractor shall submit copies of permit required confined training certificates for each employee working on the facilities. 3. Contractor shall submit copies of training certifications for industrial climbing rigging for each employee working on the facilities. SPECIAL CONDITIONS 1. Length of this price agreement shall be for one (1) full year. The bid may be extended for an additional 2-one year extensions 2. The city reserves the right to cancel this agreement upon thirty (30) days written notice with good cause. 3. Purchase orders will be issued on an as-needed basis. 4. The insurance requirements are listed as a part of this bid. The winning contractor will be expected to provide an insurance certificate compliant with cities requirements. 5. The Conflict of Interest Questionnaire must be filled out and submitted with your response. 6. Does your company allow any sort of discount for prompt payment; if so please specific on the Proposal Schedule. 7. The expectation is that each city will schedule work when ready; however the intention an anticipated time frame for inspections will occur around the month of March or April. 8. Tank locations provided will be inspected annually and cleaned as needed. The city is responsible for coordinating with the winning vendor the work to be performed. 9. Vendors must provide human divers as related to all service performed in this contract. 10. Vendor- must initial and submit each page of this document, 11. Tank Inspection/Reports must meet or exceed the Texas Commission on Environmental Quality (TCEQ) requirements Rules and Regulations for Public Water Systems TAC Title 30 Chapter 290, Subchapter D, Rule 290.46(f)(3)(D)(11). 12. Tank inspections must meet or exceed the Texas Commission on Environmental Quality (TCEQ) requirements Rules and Regulations for Public Water Systems TAC Title 30 Chapter 290, Subchapter D, Rule 290.46 (m)(1)(A)(B).