HomeMy WebLinkAboutC2017-052 - 3/28/2017 - Approved aillIIS "
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4911. SUPPLY AGREEMENT NO. 1020
MC..P.RRt
1852 FERROUS SULFATE SUPPLY AGREEMENT FOR
WASTEWATER PLANTS
THIS Ferrous Sulfate Supply Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Pencco, Inc. ("Supplier"), effective for all purposes upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Ferrous Sulfate in response to Request
for Bid No. 1020 ("RFB"), which RFB includes the required scope of work and all
specifications and which RFB and the Supplier's bid response are incorporated
by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were
fully set out here in its entirety.
NOW, THEREFORE, City and Supplier agree as follows:
1. Scope. Supplier will provide Ferrous Sulfate in accordance with the
attached Scope of Work, as shown in Attachment A, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. "Goods," "products", and "supplies", as used in this Agreement,
refer to and have the same meaning. In accordance with Attachment A,
Supplier will also provide the required tanks for the Ferrous Sulfate and, in
the event an additional tank needs to be installed at any time, the City and
Supplier will mutually identify and agree on the gallon capacity of the
required tank prior to installation.
2. Term. This Agreement is for 12 months. This Agreement includes an option
to extend the term for up to four additional 12-month periods ("Option
Period"), provided, the parties do so prior to expiration of the original term
or the then-current Option Period. The decision to exercise the option to
extend the term of this Agreement is, at all times, within the sole discretion
of the City and is conditioned upon the prior written agreement of the
Supplier and the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $290,250.00, subject to approved extensions and changes.
Payment will be made for goods delivered and accepted by the City within
30 days of acceptance, subject to receipt of an acceptable invoice. All
pricing must be in accordance with the attached Bid/Pricing Schedule, as
shown in Attachment B, the content of which is incorporated by reference
into this Agreement as if fully set out here in its entirety.
2017-052 Page 1 of 7
3/28/17
M2017-048
Pencco Inc. INDEXED
4. 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. The City's Contract Administrator for this
Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: 361-826-1649
Email: JoannaM@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the
Supplier must deliver a certificate of insurance ("COI"), as proof of the
required insurance coverages, to the City's Risk Manager and the Contract
Administrator. Additionally, the COI must state that the City will be given at
least 30 days' advance written notice of cancellation, material change in
coverage, or intent not to renew any of the policies. The City must be
named as an additional insured. The City Attorney must be given copies of
all insurance policies within 10 days of the City Manager's written request.
Insurance requirements are as stated in Attachment C, the content of
which is incorporated by reference into this Agreement as if fully set out
here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Supplier over a period of time, 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 must refer to this Agreement, and
products will remain with the Supplier until such time as the products are
delivered and accepted by the City.
7. Inspection and Acceptance. Any products that are delivered but not
accepted by the City must be corrected or replaced immediately at no
charge to the City. If immediate correction or replacement at no charge
cannot be made by the Supplier, a replacement product may be bought
by the City on the open market and any costs incurred, including
additional costs over the item's bid price, must be paid by the Supplier
within 30 days of receipt of City's invoice.
8. Warranty. The Supplier warrants that all products supplied under this
Agreement are new, quality items that are free from defects, fit for their
intended purpose, and of good material and workmanship. The Supplier
warrants that it has clear title to the products and that the products are free
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of liens or encumbrances. In addition, the products purchased under this
Agreement shall be warranted by the Supplier or, if indicated in
Attachment D by the manufacturer, for the period stated in Attachment D.
Attachment D is attached to this Agreement and is incorporated by
reference into this Agreement as if fully set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or
accept more than the City's actual requirements nor do the estimates
restrict the City from ordering less than its actual needs during the term of
the Agreement and including any Option Period. Substitutions and
deviations from the City's product requirements or specifications are
prohibited without the prior written approval of the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of
any fiscal year of the City, which fiscal year ends on September 30th
annually, is subject to appropriations and budget approval specifically
covering this Agreement as an expenditure in said budget, and it is within
the sole discretion of the City's City Council to determine whether or not to
fund this Agreement. The City does not represent that this budget item will
be adopted, as said determination is within the City Council's sole discretion
when adopting each budget.
11. Independent Contractor. Supplier will perform the work required by this
Agreement as an independent contractor and will furnish such products in
its own manner and method, and under no circumstances or conditions will
any agent, servant or employee of the Supplier be considered an
employee of the City.
12. Subcontractors. 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 Supplier 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, including the necessity of providing a COI in advance to the
City, are applicable to all subcontractors and their employees to the same
extent as if the Supplier and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by
written change order signed by both parties. Change orders may be used
to modify quantities as deemed necessary by the City.
Page 3 of 7
14. Waiver. No waiver by either party of any breach of any term or condition of
this Agreement waives any subsequent breach of the same.
15. 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.
16. Notice. Any notice required under this Agreement must be given by fax,
hand delivery, or certified mail, postage prepaid, and is deemed received
on the day faxed or hand-delivered or on the third day after postmark if
sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Contracts/Funds Administrator, Utilities Department
2726 Holly Rd., Corpus Christi, TX 78415
Fax: 361-826-1715
IF TO SUPPLIER:
Pencco, Inc.
Attn: Sarah Duff
Inside Sales Manager
P. O. Box 600
San Felipe, TX 77473
Fax: 979-885-3208
17. 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 WHATSOEVER ON ACCOUNT OF
PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY
OTHER KIND OF INJURY, LOSS, OR 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 AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER
THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED
Page 4 of 7
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. 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 THE CITY ATTORNEY,
AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS
AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY,
DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE
INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Supplier's failure
to perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term of this Agreement. The
Contract Administrator must give the Supplier written notice of the breach
and set out a reasonable opportunity to cure. If the Supplier has not cured
within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Supplier. The
City Manager may also terminate this Agreement upon 24 hours written
notice to the Supplier for failure to pay or provide proof of payment of taxes
as set out in this Agreement.
19. Assignment. No assignment of this Agreement by the Supplier, or of any
right or interest contained herein, is effective unless the City Manager first
gives written consent to such assignment. The performance of this
Agreement by the Supplier is of the essence of this Agreement, and the City
Manager's right to withhold consent to such assignment is within the sole
discretion of the City Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be
severable and, if, for any reason, any provision or part of this Agreement is
determined to be invalid and contrary to applicable law, such invalidity
shall not impair the operation of nor affect those portions of this Agreement
Page 5 of 7
that are valid, but this Agreement shall be construed and enforced in all
respects as if the invalid or unenforceable provision or part had been
omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies
between this Agreement, its attachments, and exhibits, such conflicts and
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 document, including addenda (Exhibit 1)
C. the Supplier's bid response (Exhibit 2)
22. Certificate of Interested Parties. Supplier agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to
complete Form 1295 "Certificate of Interested Parties" as part of this
Agreement.
23. 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 the State of Texas, and such form
and venue for such disputes is the appropriate district, county, or justice
court in and for Nueces County, Texas.
24. Entire 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.
(SIGNATURE PAGE FOLLOWS)
Page 6 of 7
SUPPLIER Pencco, Inc.
Signature: o:OARA
Printed Name: Sarah Duffy
Title: Bid Sec.
Date: 1/30/17
CITY OF CORPUS CHRISTI
Signature:
Printed Name:Name: I \ 'v •
Title: Pro cA,r 2 .•. '-. YY�o...� �._
Date: 3/ 1.
L
ATTEST:
� .� �� ■ SCC.
REBECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
--a
iLktiu•
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule RCI1
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements -•-•-• - ';1�
SEOR�A' �
Incorporated by Reference Only:
Exhibit 1: RFB No. 1020
Exhibit 2: Supplier's Bid Response
City of Corpus Christi Page 7 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
1.1 General Requirements/Background Information
A. The Supplier shall provide delivery of Aqueous Solution of Ferrous Sulfite to the City of
Corpus Christi at locations listed in this specification. Ferrous Sulfite will be utilized for
odor control at wastewater plants.
1.2 Scope of work
A. Supply for delivery of Aqueous Solution, as per specifications of Ferrous Sulfate,
FeSO4.
B. Storage Tanks:
1. Supplier shall provide and install molded, seamless, high density, cross linked,
polyolefin tanks, UV resistant or treated fiberglass with a minimum capacity of
4,000 gallons and a maximum capacity of 10,000 gallons, and any necessary
related equipment at the delivery locations.
2. The selected Supplier will ensure that there will be no disruptions/interruptions of
the current service of Ferrous Sulfite operations when installing new tanks, and will
be required to reach out to the current Supplier to develop a plan for a smooth
change out of tanks and services. This plan must be submitted and pre-approved
by the City Contractor Administrator or Designee prior to any tank
removal/installation work commencing.
3. At the end of the contract or at the end of any extension thereof, the Supplier
shall remove all storage tanks and chemical pump systems from all locations
within two weeks of notification by the City to do so.
4. Each tank shall have one secured man way; and one "U" vent with screened
opening.
5. All the tanks shall have a level gauge P.V.C. sight-glass, and maintain P.V.C. sight
glass to be readable.
6. Each tank will have filler line located in the top of the tank terminating with a ball
valve and cam lock male coupling with a P.V.C. cap.
7. Tanks shall be installed above ground.
Page 1 of 8
8. No other type of tank shall be acceptable, unless approved by the Contract
Administrator or designee.
9. The Supplier shall conduct safety inspections of the tanks and related equipment
prior to initial use of the tanks, and during the life of the contract period according
to industry standards and OSHA requirements.
10.Supplier shall provide and install storage containers capable of receiving and
storing liquid ferrous sulfate at locations specified by the City.
C. Chemical Pump System:
1. One complete chemical pump system shall be supplied for each storage tank.
This chemical pump system shall consist of chemical injection pumps with timers
and variable feed rates. Both pumps and controls shall be enclosed in a NEMA
4X fiberglass, chemical resistant enclosure.
2. Supplier shall provide and maintain an alternate means of measuring the liquid
Ferrous Sulfate delivered to each site in order to verify the quantities listed on the
delivery weight tickets. Discrepancies between the weight tickets and the
measuring shall be limited to +- 5%. In the case of any discrepancies greater than
this limit, the City shall pay for the lesser amount. The metering system shall be
subject to approval by the Contract Administrator and shall apply to all deliveries
at all sites. Invoices for deliveries which do not have measurement readings
verifying the weight tickets will not be paid.
3. The number of tanks and locations and the quantity are subject to change as the
need may arise. In case of a location change or if additional tanks are necessary,
the supplier shall be ready to move the equipment with fifteen (15) days' notice
from the Contract Administrator.
4. The Supplier shall be responsible for the maintenance of all storage tanks,
equipment and respective chemical pump systems. Each pumping location shall
be serviced as required during continuous operation and as directed by the
Contract Administrator.
5. On occasion, it will be requested to cycle a Ferrous Pump off and on due to a
broken line or problems at a Lift Station.
6. The Contract Administrator may request for the feed rate to be adjusted, as
needed.
Page 2 of 8
D. Product Specification:
1. The chemical supplied shall be a liquid Ferrous Sulfate capable of removing
hydrogen sulfide, phosphorus, and act as a sludge conditioner; shall contain not
less than 0.5 pounds of soluble ferrous iron per gallon, nor more than 0.8 percent
of free sulfuric acid expressed as H2SO4; shall be free of organic sulfides or other
objectionable odor producing matter. Supplied as follows:
Nominal Centration:
• Soluble Ferrous Iron % 5.1 or more
• Lb./gal of solution 0.5
• MgSO4 % less than 1 .0
• TiOSO4 % less than 2.2
• MnSO4% less than 0.3
• Insoluble % less than 2.0
• Free acid as H2SO4, % less than 0.8
• Trace Elements % less than 0.015
Physical Properties:
• Specific Gravity 1 .17 (9.76 lb/gal)
• Freezing Pt. 28 degrees F (-2 degrees C)
• PH 2.0 to 2.5
Heavy Metals:
In addition, the chemical shall not contain the following heavy metals (mg/L) in limits
which exceed the maximums shown (Samples are to be tested for heavy metals
each quarter for the duration of the contract period) and shall include items listed
below (In aggregate total of all heavy metals must not exceed 150 mg/I). A report
shall be submitted to the Contract Administrator for all quarterly testing:
• Arsenic 3.0
• Cadmium 1.5
• Chromium, total 70
• Chromium, hexavalent 0.01
• Copper 10
• Lead 15
• Mercury 0.02
• Nickel 40
• Zinc 50.0
Page 3 of 8
2. Reports shall be submitted during the length of the contract as follows:
• Monthly - Items under "Nominal Concentration"; and 1 and 3 listed under
"Physical Properties".
• Quarterly - Test for heavy metals listed under "Heavy Metals" in this
Specification.
1.3 Deliveries:
A. Delivered and unloaded into bulk storage tanks located in areas designated by the
Contract Administrator. Delivering and off-loading equipment must be in
accordance with OSHA and industry standards.
B. Delivery Requirements:
1. The Liquid Ferrous Sulfate will be delivered in minimum 4,000 gallons and
maximum 6,000-gallon tank truck loads.
2. Deliveries shall be made between 8:00 a.m. to 4:00 p.m., Monday through Friday
excluding holidays unless otherwise instructed by Contract Administrator or
designee. Contract Administrator or designee may allow weekend deliveries from
8:00 am. to 12:00 pm. with prior arrangements. The supplier shall notify the
Contract Administrator or designee by email and telephone at least 24 hours prior
to delivery of product so that a city representative may be on site when the
delivery is made. Shipments arriving at times other than those above cannot be
off-loaded until the specified unloading times, unless prior arrangements have
been made with the Contract Administrator or designee.
3. Deliveries shall be made in Supplier's company trucks and driven by a company
driver, which shall have the DOT permit and other State/Federal licenses, if
applicable due to liabilities involved in case of accidental spills or other related
problems. In the event Supplier wishes to use a properly licensed and permitted
commercial carrier, the Contract Administrator must give prior written approval.
All DOT permits and State/Federal licenses for the proposed commercial carrier
shall be submitted with the request and any approval shall be limited to the
commercial carrier whose DOT permit and State/Federal licenses are submitted.
4. The City will not be responsible for any demurrage charges which result from
deliveries arriving at any other than the specified time, or from transporters' failure
to have all required off-loading equipment present and operating when off-
loading is scheduled to begin. A City Representative must be present and
sign/date delivery ticket(s); any tickets presented to the City for payment without
City Representative signature and date may be denied for payment (All tickets
must be original- no faxes accepted). Any unloading delays, which are directly
Page 4 of 8
attributable to the City,will be paid for at the unit price bid for"Unloading Delays",
rounded to the nearest quarter hour. This amount shall be included with the
invoice for payment for that particular load of chemical. The frequency of
deliveries is dependent upon the requirement of keeping an adequate inventory
of Ferrous Sulfate in all tanks for the proper technical control of Wastewater
Hydrogen Sulfides. Replenishment will be on an as needed basis.
5. The number of chemical injection systems that the City may require and their
locations are subject to change as the need may arise. Upon contract award,
the Supplier shall commence installation of required chemical injection facilities
within four weeks of "Notice to Proceed" and complete installation within six
weeks of "Notice to Proceed".
6. Each location shall be serviced a minimum of once every two weeks, or more
often if deemed necessary by the Contract Administrator or designee.
7. The Supplier shall notify the City of all spills and the Supplier shall also be
responsible for proper cleanup and disposal of any spills and all required
regulatory reporting of such spills.
8. After initial delivery, liquid ferrous sulfate deliveries shall be continuous to maintain
a stable feed supply and ensure that dosing is not interrupted. The Supplier is
responsible for scheduling deliveries to point of destination within 24 hours of
request for delivery.
9. The Supplier shall have full responsibility to fill and maintain adequate levels of
liquid ferrous sulfate in all tanks to keep all pumps running properly at the full range
of the pump flow specifications.
C. Delivery Locations:
City Location Address Current Tank
Capacity
Wooldridge Lift Station 6610 Wooldridge Rd. (East of Airline Rd. 6000
Fire Station#7 3750 S.Staples (Staples & 6000
Doddridge)
Corpus Christi Southside Football 4700 McArdle (Near the Armory) 6000
League
Clarkwood North 2000 Clarkwood (Clarkwood & 6500
Leopard)
Everhart/Staples Lift Station 780 Everhart 5400
Sacky Lift Station 3200 Sacky Dr. (Off Kostoryz Rd.) 6000
Turtle Cove Lift Station 9547 Blue Jay Street 4000
Arcadia Lift Station 2221 Block of S.Staples (Staples & 5000
Kosar)
Page 5 of 8
McBride Lift Station 1200 McBride Lane 5000
Morgan Lift Station 1400 Twelfth St. (Morgan & 12th) 6200
Port& Pearse Lift Station 2306 Pearse Drive (Port & Pearse) 5000
Fire Station Training Center 209 S. Carancahua/Kinney No tank,
however want
the option
Lift Station#5 6528 S.Staples (Saratoga &S.Staples) 5000
Weber's Glenn Lift Station 4051 Aaron Drive 5000
Sharpsburg Lift Station 44412 Sharpsburg RD. 6000
Cimmaron/Yorktown Lift Station 7501 Cimmaron 6000
Note: Tank capacities are listed for information only.
D. Special Instructions:
1. A Quarterly meeting shall be held at the City's Wastewater Department located
at 2726 Holly Road, Bldg. 8B to discuss all reports, data, charges, effectiveness and
recommendations during the course of this contract. Any cost associated to
attend this quarterly meeting shall be included as part of this contract or no
additional cost will be allowed. Management representative from the Supplier
shall be present as directed by the City.
2. During different seasons of the year, the City shall have the right to direct the
Supplier to completely shut down the odor control system City Wide (example:
during wet weather or extended cold weather in winter). All testing will continue
as outlined in the scope.
E. Other Requirements:
1. Product to meet AWWA specifications B402-00 for Ferrous Sulfate and the
specifications contained herein, with no substitutions.
2. Liquid Ferrous Sulfate shall be produced exclusively from a commercial grade
Ferrous Sulfate.
3. The Supplier shall collect one sample of liquid ferrous sulfate from one tank per
month as designated by the Contract Administrator. At the Supplier's expense,
the collected sample shall be analyzed by a certified independent laboratory
approved by the City for compliance with the specifications. A report from the
laboratory shall be forwarded to the Contract Administrator or designee as soon
as the tests are completed. Failure to meet specifications may result in forfeit of
contract.
4. Product exceeding limits for heavy metals must be corrected before next
quarterly Test. The City reserves the right to have any non-compliant product
remove or order addition testing. City also, reserves the right to terminate the
Page 6 of 8
contract, if two consecutive quarterly tests do not meet specification
requirements.
5. The Supplier shall submit a Bi-weekly usage report to the Contract Administrator
or designee. This report shall include the following minimum information for each
delivery site: delivery site name and address, quantities (gallons) delivered, year
to date cumulative total in gallons delivered, total gallons used for the week,
average daily use for the week in gallons, average daily use for the year, to date,
in gallons and maintenance information (i.e. scheduled and unscheduled
maintenance). All results shall be submitted on the City's spreadsheet template,
which will be supplied by the Contract Administrator or Designee.
6. The results of all required testing will be furnished to the Contract Administrator or
designee for approval. Any product not meeting the minimum specifications shall
be removed by the Supplier and credit given to the City. The Supplier will pay for
all costs related to testing. If specifications are not adhered to, no further deliveries
will occur until product meets all City specifications. The Supplier will provide on-
site maintenance within 24 hours of request, upon request by the City Work
Coordinator(s).
7. Prior to initial use of the storage tanks and chemical pump system by City, and
annually thereafter, Supplier shall conduct training seminars for City's operating
personnel on application and control of the Liquid Ferrous Sulfate and shall at a
minimum include the following:
• Basic chemical properties of the Liquid Ferrous Sulfate.
• Safety training.
• Equipment operation/set-up
• Safety Data Sheet
8. The Supplier shall provide proper labeling of all product storage tanks, in
compliance with local, State and Federal regulations.
9. The Supplier shall bear the responsibility for the safe delivery and storage of the
product into the storage tanks. The Supplier shall be responsible for proper
cleanup, disposal of any spills, and any regulatory agency actions, and reporting
of spills to the required regulatory agencies.
10.The City reserves the right at City's expense to perform additional testing for each
incoming load and the Supplier shall provide required samples at the tank sites to
an independent third party laboratory retained and directed by the City.
Page 7 of 8
11.Supplier shall be required to install a containment berm or structure around each
tank for spill preventions and containment purposes. Details for each site shall be
submitted to the Contract Administrator or designee for review and approval.
12.Supplier shall affix identification of the Hazardous Material Signs, meeting the
NFPA No. 704M requirements on all tanks supplied.
13.Supplier will be responsible for any excessive usage of product resulting from
malfunction of metering pump.
14.Supplier will be responsible to supply all Personal Protective Equipment (PPE) for
their employees to ensure proper safety during deliveries or when working on
equipment.
1.4 Work Site and Conditions
A. The work shall be performed at the locations provided in this document.
B. The Supplier must notify a City Representative when on site for delivery, maintenance
or other work.
C. All PPE must be supplied and used by the Supplier and their employees.
D. If damages to city equipment and/or a contract employee is injured when onsite a
city representative must be notified immediately.
1.5 Supplier Quality Control and Superintendence
A. The Supplier shall establish and maintain a complete Quality Control Program that is
acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Supplier will also provide supervision of the
work to insure it complies with the contract requirements.
Page 8 of 8
Attachment B: Bid/Pricing Schedule
God°S CITY OF CORPUS CHRISTI
4 "''a' �i BID FORM
AI
v~� PURCHASING DIVISION
�..�.� FB No. 1020. Ferrous Sulfate
2852
Date: 1/30/17 PAGE 1 OF 2
Authorized \
Bidder: Pencco, Inc. Signature:
Sarah Duffy, Bid Sec.
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for 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 the Disclosure of Interest information
on file with City's purchasing office, pursuant to the Code of Ordinances,is current
and true.
b. Bidder is current with all taxes due and company is in good standing with all
required governmental agencies.
c. Bidder acknowledges receipt and review of all addenda for this RFB.
d. This includes tanks and supporting systems as per the specification.
Item Description UNIT QTY Unit Total
Price Price
1 Ferrous Sulfate Gallon 300,000 $0.783 $234,900.00
2 Add New Tank Each 1 $29,750.00 $29,750.00
3 Move a tank as Directed by Each 1 $4,200.00 $4,200.00
the City to a new location
(Within a 2.5-mile radius)
4 Tui n I-ei i ous Pump 01-I- and Eves 1l 6 $750.00 $4,500.00
ON- (One Event is defined
as: Bidder turning all
requested OFF &
subsequently turning all
back ON).
Page 25 of 24
RFB Template 10.10.16
5 1 Change feed rate at any Each 6 $400.00 $2,400.00
location selected by City on
weekend.
6 Testing and Report for Each 12 $850.00 $10,200.00
Ferrous Sulfate Product
Specifications nominal
concentration(monthly)
7 Testing and Report for heavy Each 4
metals (Quarterly) $675.00 $2,700.00
8 Unloadinela s Hour 20 $80.00 $1,600.00
Total D . .
$290,250.00
Attachment C: Insurance Requirement
SUPPLIER'S LIABILITY INSURANCE
A. Supplier must not commence work under this contract until all insurance required has been
obtained and such insurance has been approved by the City. Supplier must not allow any
subcontractor, to commence work until all similar insurance required of the subcontractor has
been obtained.
B. Supplier must furnish to the City's Risk Manager and Contract Administrator one (1) copy of
Certificates of Insurance with applicable policy endorsements showing the following minimum
coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be
listed as an additional insured on the General liability and Auto Liability policies by
endorsement, and a waiver of subrogation endorsement is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name and/or number
must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1.Commercial Broad Form
2. Premises— Operations
3. Products/ Completed Operations
4.Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of
(All States Endorsement if Company is this Exhibit.
not domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Incident Limit
(Including Cleanup and remediation) $1,000,000 Aggregate
C. In the event of accidents of any kind related to this contract, Supplier must furnish the Risk
Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Supplier must obtain workers' compensation coverage through
a licensed insurance company. The coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The workers' compensation coverage
provided must be in statutory amounts according to the Texas Department of Insurance, Division
of Workers' Compensation. An All States Endorsement shall be required if Supplier is not
domiciled in the State of Texas.
B. Supplier shall obtain and maintain in full force and effect for the duration of this Contract, and
any extension hereof, at Supplier's sole expense, insurance coverage written on an occurrence
basis by companies authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A-VII.
C. Supplier shall be required to submit renewal certificates of insurance throughout the term of this
contract and any extensions within 10 days of the policy expiration dates. All notices under this
Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Supplier agrees that, with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, and activities of or on behalf of
the named insured performed under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in
favor of the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any, cancellation, non-
renewal, material change or termination in coverage and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of
coverage, Supplier shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Supplier's performance should there
be a lapse in coverage at any time during this contract. Failure to provide and to maintain the
required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Supplier's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein required,
the City shall have the right to order Supplier to stop work hereunder, and/or withhold any
payment(s) which become due to Supplier hereunder until Supplier demonstrates compliance
with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Supplier
may be held responsible for payments of damages to persons or property resulting from
Supplier's or its subcontractor's performance of the work covered under this contract.
H. It is agreed that Supplier's insurance shall be deemed primary and non-contributory with respect
to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of
operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
2017 Insurance Requirements
Utilities
Delivery of Ferrous Sulfate and Services to Include Use of Tanks
03/13/17 sw Risk Management
Attachment D: Warranty Requirements
No warranty requirements are needed for the supply agreement
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. 2017-175993
Pencco, Inc.
San Felipe,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/08/2017
being filed.
City of Corpus Christi Date ckno ledged: ))
./ �- 1 11
3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFB 1020
Supply of Ferrous Sulfate
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling J 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.
7:4, JENNIFER LYNN MATURA
\ Notary Public,State of Texas
4 .•; .": Notary ID#12934467-2 M /. X•111101/1 i t,
I ',?•. `•.P,� My Commission Expires f
1 �' orf March 13,2021 r Signature of authori d agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said 11(k((-1 � ,this the 3 day of In/i(t.'/
20 1-7 ,to certify which,witness my hand and seal of office.
)eM"riar tilat{t,rck Ir•Lo-4-qt, ...
J
S nature of officer administering oath Printed name of officer administering oath Title of officer admirtfAtering oath
Form provided by Texas Ethics Commission >vvvw.ethicsstate.tx.us Version V1.0.277