HomeMy WebLinkAboutC2016-269 - 7/19/2016 - Approved •
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SUPPLY AGREEMENT NO. 747
1852
THIS Liauld Cationic Polymer SUODIV Agreement (this "Agreement') is
entered into by and between Polvdvne Inc. (the "Supplier"), of Riceboro,
Georgia, and the City of Corpus Christi, a Texas home-rule municipal corporation
("City") effective for all purposes upon execution by the City Manager or designee
("City Manager").
WHEREAS, Supplier has bid to provide Mould Cationic Polymer in response
to Request for Bid (RFB) No. 116 in accordance with the Scope of Work including
Specification 1181, dated March 4, 2016 Revision which RFB is incorporated by
reference in this Agreement as Exhibit"1" and the Bid Response as Exhibit"2";
WHEREAS, the City Council has determined Supplier to be the lowest,
responsive, responsible bidder; and
NOW,THEREFORE, Supplier and City enter into this Agreement and agree
as follows:
1. Scope. Supplier will perform Liquid Cationic Polymer in accordance
with the Scope of Work and Specification 1181 as shown in Attachment
2. Term. This Agreement is for one year commencing on the issuance of
a notice to proceed.The Agreement includes an option to extend the
term for up to Iwo additional one year terms subject to the written
approval of the Supplier and the City Manager.
3. Compensation and Payment. The total value of this Agreement is not
to exceed $ 345,390.00, subject to extensions and changes. Payment
will be,made for goods delivered and accepted by the City within 30
days of acceptance and receipt of an acceptable invoice. All pricing
must be in accordance with the Pricing/Bid Schedule as shown in
Attachment"B".
4. Quality or Quantity Adjustments. Any quantities indicated on the
Pricing/Bid Schedule are estimates only and do not obligate the City
to order or accept more than the City's actual requirements during the
Agreement, nor do the estimates limit the City to ordering less than its
actual needs during the Agreement, subject to availability of
2016-269
7/19/16 Page 1 of 7
M2016-074
Polydyne Inc.
INDEXED
requirements or specifications are prohibited without prior written
approval of the Contract Administrator
5. Release Order. The City will exercise its right to specify time, place
and quantity of products to be delivered in the following manner: Any
City department or division may send to Supplier a purchase release
order signed by an authorized agent of the department or division.
The purchase release order will refer to this Agreement and products
will remain with the Supplier until such time as they are delivered and
accepted by the City.
6. Inspection and Acceptance. Any products that are delivered but not
accepted must be corrected or replaced immediately at no charge
to the City or a replacement may be bought on the open market and
any costs incurred including additional costs over the item's bid price
must be paid by the Contractor within 30 days of receipt of City's
invoice.
7. Contract Administrator. The Contract Administrator designated by
the City is responsible for approval of all phases of performance and
operations under this Agreement including deductions for
non-performance and authorizations for payment. All of the
Supplier's notices or communications regarding this Agreement must
be directed to the Contract Administrator or designee, as follows:
Contract Administrator Name: William Creech
Contract Administrator Department: Water Utilities
Contractor Administrator Address: 33101 Leopard Street,
Corpus Christi, Texas
Contract Administrator Phone and Fax: (361) 826-1954
williamc@cctexas.com
8. Independent Contractor. Supplier will perform the work hereunder as
an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions may
any agent, servant or employee of the Supplier be considered an
employee of the City.
9. Insurance. No insurance required for this procurement.
10. Assignment. No assignment of this Agreement or any right or interest
herein by the Supplier is effective unless the City Manager first gives its
written consent to such assignment. The performance of this
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City of Corpus Christi
Supply Agreement 5.16.16
Agreement by the Supplier is of the essence of this Agreement and
the City's right to withhold consent to such assignment is within the sole
discretion of the City on any ground whatsoever.
11. Fiscal Year. AU parties recognize that the continuation of any
contract after the close of any fiscal year of the City (the City's fiscal
year ends on September 30th), is subject to appropriations and
budget approval providing for such contract item as an expenditure
in said budget. The City does not represent that said budget Item will
be actually adopted as that determination is within the sole discretion
of the City Council at the time of adoption of each budget.
12. Waiver. No waiver of any breach of any term or condition of this
Agreement, or the Supplier's bid offer waives any subsequent breach
of the same.
13. Governing Law. This Agreement is subject to all federal, State, and
local laws, rules, and regulations. The applicable law for any legal
disputes arising out of this Agreement is the law of Texas, and such
form and venue for such disputes is the appropriate district, county or
justice court in and for Nueces County, Texas.
14. Subcontractors. The Supplier may use subcontractors in connection
with the work performed under this Agreement. When using
subcontractors, however, the Supplier must obtain prior written
approval from the Contract Administrator if the subcontractors were
not named at the time of bid. in using subcontractors, the Suppliers is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Supplier. All
requirements set forth as part of this Agreement are applicable to all
subcontractors and their employees to the same extent as if the
Supplier and its employees had performed the work.
15. Amendments. This Agreement may be amended only by written
instrument signed by the parties. Such amendment will be in the form
of a chonge order. Change orders may be used to modify quantities
as deemed necessary by the City.
16. Termination. The City Manager may terminate this Agreement for
Supplier's failure to perform the work specified in this Agreement.
Failure to keep any required insurance policies in force for the entire
term of this Agreement is grounds for termination. The Contract
Administrator must give the Supplier 10 days written notice of the
breach and set out a reasonable opportunity to cure. If the Supplier
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City of Corpus Christi
Supply Agreement 5.16.16
has not cured within the cure period, the City Manager may
terminate this Agreement immediately thereafter.
Alternatively, the City may terminate this Agreement for
convenience upon 30 days written notice to the Supplier. However,
the City may terminate this Agreement on 24 hours written notice to
the Supplier for failure to pay or provide proof of payment of taxes as
set out herein.
17. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes,
FICA taxes, unemployment taxes and all other related taxes. Upon
request, the City Manager shall be provided proof of payment of
these taxes within 15 days of such request. Failure to pay or provide
proof of payment is grounds for the City Manager to immediately
terminate this Agreement.
18. Certificate of Interested Parties. Supplier agrees to comply with Texas
Government Code Section 2252.908 and complete Form 1295
"Certificate of Interested Parties" as part of this Agreement.
19. Notice. Notice may be given by fax, email, hand delivery or certified
mail, postage prepaid, and is received on the day faxed, emailed or
hand-delivered and on the third day after deposit if sent certified
mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: William Creech
13101 Leopard Street
Corpus Christi, Texas. 78410
FAX: 361-826-1954
EMAIL: williamc@cctexas.com
IF TO SUPPLIER
Polydyne Inc.
Attention: Mark Schiag
1 Chemical Plant Road
Riceboro, Georgia 31323
FAX: 912-880-2078
EMAIL: PolybidDpt@snfhc.com
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City of Corpus Christi
Supply Agreement 5.16.16
20. Extension. This Agreement is subject to extension at the sole
discretion of the City. If the City decides to extend the Agreement,
it will be handled through a bilateral change order or amendment to
the Agreement.
21. Severablllty. Each provision of the Agreement is considered to be
severable and, if, for any reason, any such provision or any part
hereof is determined to be invalid and contrary to any existing or
future applicable law, such invalidity shall not impair the operation of
or affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the
invalid or unenforceable provision or part hereof had been omitted.
22. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS,
EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND
AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS,
SUITS AND CAUSES OF ACTION OF ANY NATURE ON
ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS
OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING
ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS'
FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE
CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS
CONTRACT OR THE PERFORMANCE OF THIS CONTRACT,
REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES
ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE
CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF
INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF
INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER
PERSON OR GROUP. SUPPLIER MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR
SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS
BASED THEREON WITH COUNSEL SATISFACTORY TO
INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND
ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING
FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL
Poge 5 of 7
City of Corpus Christi
Supply Agreement 5.16.16
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
23. Enflre Agreement. This Agreement constitutes the entire agreement
between the parties concerning the subject matter of this Agreement
and supersedes all prior negotiations,arrangements,agreements and
understandings, either oral or written, between the parties.
24. Order of Precedence. In the event of conflicts or inconsistencies
between this Agreement and its exhibits or attachments, such
conflicts or inconsistencies will be resolved by reference to the
documents in the following order of priority:
a. this Agreement and its Attachments,
b. the bid solicitation documents including Addenda,
c. the Bid Response.
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City of Corpus Christi
Supply Agreement 5.16.16
SUPPLIER '
Signature:
Printed Name: Mark Schlag
Title: Vice-President
Date: 7/21/16
CITY OF CORPUS CHRISTI
Signature: (Y\O ci.
Printed Name:
Title: Pio(lore
Date: 7- -'- 5-
Ail • ed as to form: • ��
ATTEST: L �-1�/Y r
REBS CA HUERTA �, / .i it �I / /
�..�� .
CITY SECRETARY Assi t City Attcrney 4
For y Attorney
Attachments:
Attachment A: Scope of Work
Attachment B: Pricing/Bid Schedule
Incorporated by Reference:
AU I uKi«t
Exhibit 1: RFB No. 116
Exhibit 2: Bid Response 0
1 f
SfCRIAR
Page 7 of 7
City of Corpus Christi
Supply Agreement 5.16.16
•
ATTACHMENT A SCOPE OF WORK
CITY OF CORPUS CHRISTI SPECIFICATION No. 1181
MATERIALS MANAGEMENT DATE:March 4,2016 Rev
Page 1 of 4
Liquid Cationic Polymer per Specification 1181
SCOPE:
This specification covers poly(diallyldimethylammonium chloride), hereinafter abbreviated "polyDADMAC" ,
for use in the treatment of potable (drinking) water. The polyDADMAC shall be an aqueous solution. Dry
powder polyDADMAC will not be acceptable.
CONFORMANCE:
This Chemical must conform to:
A. American National Standards Institute/American Water Works Association Standard for
Poly(Diallyldimethylammonium Chloride)ANSI/AWWA B451-98.
B. American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking
Water Treatment Chemical-Health Effects,ANSI/NSF 60.
Conformance to ANSI/NSF 60 must be obtained by certification of this product by an agency recognized by the
Texas Natural Resource Conservation Commission.
Certification must be either included with the bid or be received by the City within(2)days of notice.
Safety Data Sheets (SDS) essentially similar to the U.S. Department of Labor form LSB-00 S-5 shall be
furnished with the bid documents.
CERTIFICATE OF ANALYSIS:
A Certificate of Analysis must be furnished for each and every shipment. The Analysis is to contain the
following information: a)PH: b)Viscosity: c) Specific Gravity: and d)%Active Polymer solids.
WEIGHING REQUIREMENTS:
Shipments shall be in approximately 25,000 wet ton gallons (50,000 pound) tank truck lots. Each shipment
shall be weighed by local certified weighers before delivery and after unloading. The"weight ticket"or legible
copies shall be promptly delivered by the truck driver to the City of Corpus Christi, Lead Operator on duty at
the O.N. Stevens Plant,at 13101 Up River Road., Corpus Christi,Texas 78410.
Shippers must be equipped with 3 inch Kam-Lok type female connection fittings to connect to the City's
storage facilities. The City will not supply air, hoses or any connection fittings to the truck drivers. Deliveries
shall be made to the City's storage facility within seven (7) days of order placement. Deliveries shall be made
only between the hours of 7:00 A.M. CT and 6:00 P.M. CT Monday thru Friday. Weekend hours are from 9:00
•
• CITY OF CORPUS CHRISTI
MATERIALS MANAGEMENT SPECIFICATION No. 1181
DATE:March 4,2016 Rev
Page 2 of 4
A.M. CT to 4:00 P.M. CT on Saturday and Sunday. Deliveries outside these hours will not be accepted until the
scheduled delivery hour of the following day.
MATERIAL REQUIREMENTS:
The estimated annual requirement for polyDADMAC is 435 tons. This quantity is based on treating
27,500,000,000 gallons of water at a dosage of 13 pounds per million gallons.
OWNERSHIP:
City's ownership of the polyDADMAC shall begin, and successful bidder's ownership shall cease, upon the
unloading of the polyDADMAC into the City's storage facilities.
OSHA AND TRAINING:
Any material supplied must comply with all requirements and standards of the Occupational Safety and Health
Act. All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be
refused. Successful Bidder, at its expense, shall provide training to City employees in the safe handling, storage
and use of the material on a semiannual basis at the convenience of the City, to be arranged with the Plant
Supervisor. This training shall include a DVD presentation of sufficient length to visually portray the proper
procedures for handling storage and use of polyDADMAC. Also, all information continued on the SDS shall be
thoroughly covered.
REJECTION:
The City shall have 30 days to notify the Supplier of the City's dissatisfaction with a shipment of
polyDADMAC. The City reserves the right to reject a shipment when one or more of the specified parameters
do not meet the specifications. The polyDADMAC shall meet the following requirements.
Percent Active PolyDADMAC Solids: 30% to 50%.
Viscosity Range: 1500 to 3500 cps(centipoise).
Molecular-Weight Range: 150,000 to 300,000.
Homogeneity of Molecular Weight: +1-50,000.
Repeating Monomeric Unit: Dimethyl.
Specific Gravity: 1.06 to 1.09.
pH Range: 5.0 to 8.0.
• CITY OF CORPUS CHRISTI
MATERIALS MANAGEMENT SPECIFICATION No. 1181
DATE:March 4,2016 Rev
Page 3 of 4
SAMPLE TO BE SUBMITTED
A one (1) liter sample of the material shall be furnished as part of the bid package for analysis by the City of
Corpus Christi. The Material may be shipped directly to the Plant Supervisor III, O.N. Stevens Water
Treatment Plant, 13101 Up River Road,Corpus Christi,TX 78410
(This is a physical address and is not for U.
S. Mail usage). The U. S. Mail address is Plant Supervisor III, O.N. Stevens Water Treatment Plant, City of
Corpus Christi, P. O. Box 9277, Corpus Christi, TX 78469-9277. An Affidavit of Compliance, issued by the
manufacturer, must be submitted with the sample. The Affidavit of Compliance is to state that the Poly
(Diallyldimethyllammonium Chloride) furnished complies with all applicable requirements of ANSI/AWWA
B451-92.
PAYMENT ADJUSTMENTS:
1. Payment for deliveries by the vendor shall be based on the percent of active polymer solids of
PoIyDADMAC of each load as compared to the bid as shown in the following examples.
EXAMPLE No. I
Delivered Quantity=25 Tons
Bid Price=$100.00 per Ton
Bid active polymer solids o PoIyDADMAC=40%
Actual delivered active polymer solids of polyDADMAC=30%
25.000 Tons x$100.00 x 30%/40%=$1,875.00
EXAMPLE No.2
Delivered Quantity=25 Tons
Bid Price=$100.00 per Ton
Bid active polymer solids o PoIyDADMAC=40%
Actual delivered active polymer solids of polyDADMAC=40%
25.000 Tons x$100.00 x 40%/40%=$2,500.00
EXAMPLE No.3
Delivered Quantity=25 Tons
Bid Price=$100.00 per Ton
Bid active polymer solids o PoIyDADMAC=40%
Actual delivered active polymer solids of polyDADMAC=50%
25.000 Tons x$100.00 x 50%/40%_$3,125.00
2. When a conflict arises between the City of Corpus Christi Specifications and the ANSI/AWWA Standard
B451-92,the City of Corpus Christi requirement shall prevail.
3. The estimated quantity of 40% active polymer material needed is based on the amount required to treat
approximately 27,500,000,000 gallons of water using a dosage of 3.8 mg/I.
• CITY OF CORPUS CHRISTI SPECIFICATION No. 1181
MATERIALS MANAGEMENT DATE:March 4,2016 Rev
Page 4 of 4
EXAMPLE No. 4
Dosage=3.8 mg/1
Active polymer solids=40%
27,500,000,000 gallons x 3.8 mg/1 x 8.34 lb/gal x U1,000,000 mg=870,000 lbs or rounded to the nearest 10
Tons=435 Tons.
NOTE:
If a material containing less than 40%active polymer solids is provided,a greater quantity of material will be
required.
If a material containing more than 40%active polymer solids is provided, a lesser quantity of material will be
required.
ATTACHMENT 8-SCHEDULE OF PRICING
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID SHEET
BID EVENT NO. 116
DATE: 3/24/16 PAGE 1 OF 1
Polydyne Inc.
BIDDER AUTH •i A I SIGNATURE MarkSchiag,vice-President
1. Refer to"instructions to Bidders"and Standard Purchase Terms and Conditions before completing bid.
2. Quote your best price,F.O.B.Destination,on each item.
3. In submitting this bid,Bidder certifies that:
a. the prices in this bid have been arrived at independently,without consultation,communication,or agreement
with any other Bidder or competitor,for the purpose of restricting competition with regard to prices;
b. Bidder is an Equal Opportunity Employer,and
c. the disclosure of Interest information on file with the City's purchasing office,pursuant to the Code of
Ordinances,is current and true.
UNIT TOTAL
ITEM
DESCRIPTION QTY I UNIT PRICE PRICE
Twelve-month Supply Agreement with option to extend
for up to two (2) additional twelve-month periods,
subject to the approval of the supplier and the City
Manager,or designee.
2. Liquid Cationic Polymer Clarifloc C-318 435 TN(S) $794.00 $345,390.0(
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-30792
Polydyne Inc.
Riceboro, GA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/24/2016
being filed. _
City of Corpus Christi Drate.Ackno ledged: tl.-f=
3 Provide the identification number used by the governmental entity or state agency to track or identify the ntra ,and provide a
description of the goods or services to be provided under the contract.
29573
Polymer for water treatment and clarification
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm, under penalty of perjury,that the above disclosure is true and correct.
4
Signat e of authorized agent of contracting business entity
Mark Schlag, Vice-President
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said Mark Schlag ,this the 24th day of March ,
20 16 ,to certify which,witness my hand and seal of office.
, , k
stikinta
/1, 'amela J. McDermitt Notary
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
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