HomeMy WebLinkAboutResolution - 2016-R0445 - Purchase Order - Polydyne Inc. - Clariflic Liquid Polymer - 12_15_2016Resolution No. 2016-RO445
Item No. 6.14
December 15, 2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, PO No. 23104062 for Clarifloc Liquid Polymer by and
between the City of Lubbock and Polydyne, Inc. of Riceboro, GA, and related documents. Said
Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on ._December 15, 2016
DANIEL M. PO E, MAYOR
ATTEST:
L)'�4" - -X,--
Reb cca Garza, City Secretary 0
APPROVED AS TO C
WogdTranKin, P.E., Director of Public Works
APPROVED AS TO FORM:
1
City
Res. PO-23104062-Polydyne, Inc.
11.30.16
City of
4' Lubbock PURCHASE ORDER
rexas
TO
POLYDYNE INC
ONE CHEMICAL PLANT RD
RICEBORO Georgia 31323
SHIP TO:
Page - 1
Date - 12/05/2016
Order Number 23104062 000 OP
Branch/Plant 6415
CITY OF LUBBOCK
WATER RECLAMATION PLANT
3603 GUAVA AVENUE
LUBBOCK Texas 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
l rez, Directo f Purchasing & Contract Management
Ordered 11/30/2016 Freight
Requested 12/20/2016 Taken By K MCAVOY
Delivery PER K MCCOY REQ #48883 TPASS CONTRACT #885-M1
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Clarifloc CE Liquid Polymer 130,435.000 .9200 EA 120,000.20 12/20/2016
Clarifloc CE Liquid Polymer 130,434.000 .9200 EA 119,999.28 12/20/2016
Total Order
Terms NET 30 239,999.48
Renewal Term for TPASS Contract 4885-M1: September 1,2016 — August 31, 2017
INSI JRANC F. CERTIFICATE RF()111RRD PR TOR TO DFI.TVFRY-
Commercial General Liability, per occurrence- $1,000,000
Workers Compensation, Statutory Amounts-$1,000,000
• General Aggregate • Contractual Liability -Products-Comp/Op Agg
• Personal and Adv. Injury
Automotive Liability -Any Auto- $1,000,000 combined single limit
City of Lubbock is named as additional insured on Auto/General Liability on a primary and non-contributory basis to include products of completed
operations endorsement. Waiver of subrogation in favor of the City of Lubbock on all coverage. Copies of endorsements required.
This purchase order encumbers funds in the amount of $239,999.48 awarded Polydyne, Inc. of Riceboro, GA on December 15, 2016. The
following is incorporated into and made part of this purchase order by reference TPASS contract 885-M I Polydyne, Inc. of Riceboro, GA.
Resolution # 2016-RO445
CITY OF LUBBOCK ATTEST: _
Daniel M. Pope, Mayor Re ecca Garza, City Secrefary
Seller and Buyer agree as follows:
TERDIS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TX
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial
practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's
name and address, (b) Consignee's name, address and purchase order or purchase release number and the
supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I
of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging
unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to
conform with requirements of common carriers and any applicable specifications. Buyer's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply
with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does
not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer
of his intention to cure and may then make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase
order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase
release number and the supply agreement number if applicable. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill
when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O.
Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after
delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to
Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were
offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the
City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the
awarding or amending, or the making of any determinations with respect to the performing of such a
contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled.
in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller
in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this
order, such special tooling equipment and any process sheets related thereto shall become the property of
the Buyer and to the extent feasible shall be identified by the Seller as such.
8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid
which Seller warrants to be no higher than Seller's current process on orders by others for products of the
kind and specification covered by this agreement for similar quantities under similar of like conditions and
methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced
to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this
contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no
person or selling agency has been employed or retained to solicit or secure this contract upon an agreement
or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees
of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing
business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other
right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise
recover without liability and to deduct from the contract price, or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do
so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished
will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s)
funished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and
descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual
agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing
date and date related data (including, but not limited to calculating, comparing and sequencing) of all
hardware, software and firmware products delivered and services provided under this Contract, individually
or in combination, as the case may be from the effective date of this Contract. The obligations contained
herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the
creation or development of the products and services to be delivered to the City of Lubbock under this
Contract. Failure to comply with any of the obligations contained herein, may result in the City of
Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited
to, its right pertaining to termination or default. The warranties contained herein are separate and discrete
from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty.
inplied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its
appendices, its schedules, its annexes or any document incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U.S. Department of Labor under the Occupational Safety and Health Actor 1970. lathe
event the product does not conform to OSHA standards, Buyer may return the product for correction or
replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within
a reasonable time, correction made by Buyer will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As par of this contract for sale Seller
agrees to ascertain whether goods manufactured in accordance -with the specifications attached to this
agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer
makes no warranty that the production of goods according to the specification will not give rise to such a
claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on
the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result,
he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If
Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller
will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with
the specifications will result in infringement or the like, the contract shall be null and void.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of
funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the
City will terminate the contract, without termination charge or other liability, on the last day of the then -
Current fiscal year or when the appropriation made for the then -current year For the goods or sell ices cowered
by this contract is spent, whichever event occurs first. If at any time funds are not appropriated fur the
continuance of this contract. cancellation shall be accepted by the Seller on thirty (30) clays prior written
notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this
contract beyond the date of termination.
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
them.
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity.
15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by the
delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work
under the order is terminated and the date upon which such termination becomes effective. Such right or
termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein.
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
of any terns of provisions of this contract is delayed or prevented by any cause not within the control of
the party whose performance is interfered with, and which by the exercise of reasonable diligence said
party is unable to prevent.
17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity
with this paragraph.
18. WAIVER. No claim or right arising out of a breach ofthis contract can be discharged in whole or in part
by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party.
19. INTERPRETATION -PAROLE EVIDENCE. This writing. plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any other documents provided
by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended
also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by
the Uniform Commercial Code is used in this agreement. the definition contained in the Code is to control.
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever
the tern "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of this agreement.
21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
the other party's intent to perform he may demand that the other party give written assurance of his intent
to perform. In the event that a demand is made and no assurance is given within five (5) days, the
demanding party may treat this failure as an anticipatory repudiation of the contract.
22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments,
costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of
this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that
the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or
assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all
charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith,
and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own
expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required
by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify.
keep and save harmless and defend the Buyer as herein provided.
23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of
this contract, and failure by contract to meet the time specifications of this agreement will cause Seller
to be in default of this agreement.
24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
pursuant to this request, minority and women business enterprises will be allot ded equal opportunities to
submit bids in response to this invitation and will not be discrinlnated against on the grounds of race,
color, sex or natural origin in consideration for an award.
25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision
and another provision in, or related to, this document, this provision shall control.
26, RIGHT TO AUDIT. At any time during the tern of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and at reasonable
tunes, reserves the right to audit Contractor's records and books relevant to all services provided to the
City under this Contract. In the event such an audit by the City reveals any errors or overpayments by
the City, Contractor shall refund the City the full amount ofsuch overpayments within thirty (30) days
of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the
City from any payments due Contractor.
27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January
I, 2014, authorizes a penalty to be unposed on a person who contracts for certain services with a
governmental entity and who fails to properly classify their workers. This applies to subcontractors as well.
Contractors and subcontractors who fail to properly classify individuals performing work under a
governmental contract will be penalized $200 for each individual that has been misclassified. (Texas
Government Code Section 2155.001).
28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract,
or any portion of the contract, without written consent from the Director of Purchasing and Contract
Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof
on insurance from the Subcontractor that complies with all contract Insurance requirements.
29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295. adopted by the 84th
Legislature, created §2252,908, Texas Government Code. Section 2252.908 requires a business entity
entering into certain contracts with a governmental entity or state agency to file with the governmental entity
or state agency a disclosure of interested parties at the time the business entity submits the signed contract
to the governmental entity or state agency. Instructions for completing Form 1295 are available at:
http://www, ei.lubbock.tx. us/departmental-websites/departments/purchasing/vendor-information
30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any terms
and conditions provided by the Contactor unless agreed upon in writing by the parties. In Ilse even of
conflict betw'cen these tents and concitions and any terms and conditions pmvidcel by the Contractor, the
tears and conditions provided herein shall prevail. The teens and conditions pruwided herein are the final
terns agreed upon by the parties, and any prior conflicting terms shall be of m force or effect.
Rcv. 7/2016
14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered
fEM.J�y�h� v r
l POL DYN
��IAlll��lll�l�l
September 27, 2016
Mr. Kyle McCoy
City of Lubbock
3603 Guava Ave
Lubbock, TX 79404
www.polydyneinc.com
SUBJECT: Polymer Price Quotation
RE: State of Texas Water & Wastewater Treatment Chemicals Contract No. 885-M1
Dear Mr. McCoy,
Polydyne Inc. is pleased to offer the City of Lubbock the following price quotation pursuant to
the terms and conditions of the reference State of Texas contract.
PRODUCT
PACKAGE
UNIT PRICE
Clarifloc° CE-1804
Full Liquid Bulk
$0.92/Lb.
Quotation Period: September 1, 2016 through August 31, 2017.
Payment Terms: Net 30 days — No Discounts
Thank you for your business. If you have any questions, feel free to contact Brent SoRelle,
Technical Sales Representative, at (682) 216-5062. To place an order, please call our Customer
Service Department at (800) 848-7659.
Sincerely,
Boyd Stanley
Business Director
1 Chemical Plant Road • P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800.848.7659 • Fax 912.880.2078
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
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
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-144642
Polydyne Inc.
Riceboro, GA United States
Date Filed:
12/09/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbuck
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
00-000
Supply and Delivery of Polymer
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear, or affir�_un er penalty of perjury, thal�he above disclosure is true and correct.
ZL Z-,Cl
Signatur of author rent of contracting bu 'ne'ss entity
Boyd Stane,l', Business Director
AFFIX NOTARY STAMP ( SEAL ABOVE
Sworn to and subscribed before mBusiness Director e, by the said ,this the 91.11 day of December
20 16 , to certify which, witness my hand and seal of office.
Rimeia J. McDormitt
Notary Public
MY COrrimitf I
Signature of q i er administering oath Printed name of officer administering oath Title: of officer administering oath
Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1.0.27I
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties,
7-7
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-144642
Date Filed:
12/09/2016
Date Acknowledged:
12/09/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Polydyne Inc.
Riceboro, GA United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbuck
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
00-000
Supply and Delivery of Polymer
4 Name of Interested Party
City, State, Country lace of business
y y (p )
Nature of interest
(check applicable)
Controlling
I 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.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP 1 SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277