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HomeMy WebLinkAboutR2023-025 2023-01-23DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 RESOLUTION NO. R2023-25 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit price contract for utility chemicals to Polydyne Inc., in the estimated amount of $200,000.00, for the period of January 24, 2023 through January 23, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City solicited bids for utility chemicals. Section 2. That the City Council hereby awards a unit supply contract to Polydyne Inc., in the unit supply amount shown on Exhibit "A", attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a contract for utility chemicals. PASSED, APPROVED and ADOPTED this the 23rd day of January, A.D., 2023. DocuSigned by: 9z J . zg 1 I V59 F& E MAYOR ATTEST: DocuSigned by: Fra n.Gt-s QluLar FR 1 ghAbUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: a— DocuSigned by: �lY~ F 13CAR9RRR 1F4RR DARRIN M. COKER CITY ATTORNEY RFP#1022-16 - Water Chemical and Supply Analysis Item Description UOM EST QTY DXI G20 Hawkins Polydyne PVS Internatio 1 Liquid Polyphosphate Blend Gallon 10000 15.5 WP 2 Zinc Orthophosphate Gallon 200 12.5 WP 3 Sodium Hypochlorite 12.5%. Enter a price per gallon for a truckload. Gallon 250000 2.05 1.95 WW 4 Sodium Hypochlorite 12.5%. Enter a price per gallon for LESS than a truckload. Gallon 500000 2.95 3.5 2.7 3.14 SW/WP 5 Liquid Ammonium Sulfate. Enter a price per gallon for a truckload. Gallon 130000 3 2.63 SW 6 Liquid Ammonium Sulfate. Enter a price per gallon for LESS than a truckload. Gallon 130000 3.95 2.94 WP 7 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for a truckload. Gallon 185000 2.12 WW 8 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for LESS than a truckload. Gallon 185000 3.5 3.26 WW 9 Liquid Sodium Bisulfite, 40% Solution. Enter a price per 55 gallon drum. Each 10 275 282.9 SW 11 Citric Acid, 50% Solution. Enter a price per gallon for LESS than a truckload. Gallon 300 15 SW 13 Sulfuric Acid, 93% Solution. Enter a price per gallon for LESS than a truckload. Gallon 200 9.5 SW 14 Liquid Sodium Hydroxide, 25% Solution. Enter a price per gallon for a truckload. Gallon 20000 3 1.5857 SW 16 Liquid Sodium Chlorite, 25% Solution. Enter a price per gallon for a truckload. Gallon 10000 6.58 8.6 SW 18 Aluminum Chlorohydrate. Enter a price per gallon for a truckload. Gallon 125000 4.67 5.55 SW 20 Chlorine Gas. Enter a price per pound for a 1 ton cylinder. Pound 150000 1.2247 SW 21 Chlorine Gas. Enter a price per pound for a 150 pound cylinder. Pound 25000 1.7328 WW/WP 22 Clarifloc CE 2374 or approved equal. Enter a price per gallon for a truckload. Offer is in price per gallon for 55 Gal. Drums filled to 450 Lbs. Density conversion factor: 8.6 Lbs/Gallon Gallon 7000 14.104 WW 23 Clarifloc CE 2374 or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for 275 Gallon Totes filled to 2 300 Lbs. Densit conversion factor: 8.6 Lbs/Gallon Gallon 7000 14.104 WW 25 Clarifloc A -210P or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for minimum 2,000 gallon LTL bulk. Density conversion factor: 8.8 Lbs/Gallon Gallon 7000 14.08 SW 26 Periodic Water Analysis on well water/distribution systems Each 12 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. RFP1022-16C WATER TREATMENT CHEMICALS AND SUPPLY SERVICES THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Polydyne Inc. ("Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Supplies: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II. Signatures il6cC ePiEARLAND Polydyne Inc. 1 Chemical Plant Road Riceboro, GA 31323 Water Treatment Chemical and Supply Services $200,000.00 January 24, 2023 January 23, 2024 2 R2023-25; RFP #1022-16 ktn,kra M,t&vp% 2/22/2023 14:49 P El-88O148A... RAC Purchasing Officer Date ' 'tie. Bo d Stanle Sr. V'_�'resident ,-DocuSigned y: 02/14/2023 3:04 PIT r030D12Dc74o423 *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Supply Contract Standard Form Page 1 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to RFP #1022-16 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to two (2) additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount not to exceed $200,000.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: TAMMY SUE AKIF Department: ENGINEERING & PUBLIC WORKS Phone: 281.652.1826 Email: takif@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days' advance written notice of cancellation, material change in Supply Contract Standard Form Page 2 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 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 ten (10) days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple -release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. 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 Contract 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 Contract 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 Contract 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 Contract. 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. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and Supply Contract Standard Form Page 3 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day 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 Pearland Attn: SHAUN GILMORE Title: SURFACE WATER TREATMENT PLANT MANAGER Address: 2016 OLD ALVIN ROAD, PEARLAND, TX 77581 Phone: 281.652.1961 IF TO CONTRACTOR: POLYDYNE INC. Attn: MARCUS ORTIZ Title: TECHNICAL SALES REPRESENTATIVE Address: 1 CHEMICAL PLANT ROAD, RICEBORO, GA 31323 Phone: 281.633.6086 16. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD - PARTY DEFENDANT AS ALLOWED BY LAW. 17. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before Page 4 of 6 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. 18. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 19. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant to this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 20. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22. Assignment. No assignment of this Contract by the Contractor, 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 Contract by the Contractor is of the essence of this Contract, 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. 23. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); Supply Contract Standard Form Page 5 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 25. Certificate of Interested Parties. Contractor 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 Contract if required by said statute for items approved by City Council. 26. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract 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 Brazoria County, Texas. 27. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29. Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFP #1022-16 Exhibit 2: Contractor's Bid/Proposal Response Supply Contract Standard Form Page 6 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 ATTACHMENT A - SCOPE OF WORK The scope of contract requires the vendor to supply and deliver fifty-five (55) gallon drums to Longwood, Barry Rose and JHEC WRF, along with two hundred -fifty (250) gallon totes of polymer to Reflection Bay WRF and Less than Truckload bulk polymer (minimum 2,000 gallons) to the Surface Water Treatment Plant on an as needed basis throughout the contract period of one (1) year. Polymer deliveries shall be made to these designated City WRF's with the removal of empty drums/totes from the premises as requested by Staff when orders are placed. The vendor is to make certain that polymer supplies are readily available to meet regular and unexpected demands. DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 ATTACHMENT B - BID/PRICING SCHEDULE RFP Number 1022-16 Title Water Treatment Chemicals and Supplies Services Item Description Polydyne Inc. UOM EST QTY Unit (not to exceed) Extended 22 23 25 Clarifloc CE 2374 or approved equal. Enter a price per gallon for a truckload. Offer is in price per gallon for 55 Gal. Drums filled to 450 Lbs. Density conversion factor: 8.6 Lbs/Gallon Clarifloc CE 2374 or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for 275 Gallon Totes filled to 2,300 Lbs. Density conversion factor: 8.6 Lbs/Gallon Clarifloc A -210P or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for minimum 2,000 gallon LTL bulk. Density conversion factor: 8.8 Lbs/Gallon Gallon Gallon Gallon 7000 7000 7000 $14.104 $14.104 $14.08 $98,728.00 $98,728.00 $98,560.00 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 ATTACHMENT C - INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids(a�pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Employers' Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30 - day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30 -day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(c>7pearlandtx.00v. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids(c�pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid# RFP #1022-16 Wattemicals 8 pply Analysis for City of Pearland Company: POLYDYNE Signature and PrintedName: (�'l�/ (' ✓Boyd Stanley. Sr. Vice -President DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 ATTACHMENT D — WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 INSR LTR A B ACORO® THISCRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DATE (MM/DDIYYYY) 12/28/2022 CERTIFICATE OF LIABILITY INSURANCE PRODUCER EPIC Insurance Brokers & Consultants 1140 Avenue of the Americas — 8th Floor New York, NY 10036 INSURED Polydyne Inc. One Chemical Plant Road PO Box 250 Riceboro GA 31323 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. CH THIS CERTIFICATE MAY BE ISSUED OR MANOOTHSTANDING ANY Y EPERTTA N, THE INSURANCE EMENT, TERM OR E AFFORDED BY THE DESCRIBEDPOLICIES NDITION OF ANY CONTRACT OR OTHER O HEREIN IS SUBJECT TO ALL TCUMENT VVITH RESPECT TO HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EXP IM tinnivVYYI 12/31/2023 CONTACT Andrea Kim NAME: PHONE 212.293.6203 (A/C, No, Ext): E-MAIL andrea.kimWepicbrokers.com AnnixFCR• INSURER(S) AFFORDING COVERAGE FAX (A/C. Nol: 212.488.0220 INSURER A: IRONSHORE SPECIALTY INSURANCE COMPANY INSURER B: HARTFORD FIRE INSURANCE COMPANY INSURER C: HARTFORD ACCIDENT AND INDEMNITY COMPANY INSURER D: NAIC # 25445 19682 22357 INSURER E: INSURER F: X TYPE OFINSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR CERTIFICATE NUMBER: REVISION NUMBER: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC AU X X OTHER: OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS X NON -OWNED AUTOS ADDL INSD Y SUBR WVD Y POLICY NUMBER IEPICB5ZFB003 10ABR30603 POLICY EFF IMMInn,YYYVI 12/31/2022 12/31/2022 12/31/2023 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) LIMITS $1,000,000 MED EXP (Any one person) PERSONAL & ADV INJURY $500,000 $25,000 $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ $1,000,000 $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ A C X UMBRELLA LIAB EXCESS LIAB DED I I RETENTIONS X OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A Y IEELCASB5ZFD003 1 0WNR30600 12/31/2022 12/31/2022 12/31/2023 12/31/2023 EACH OCCURRENCE AGGREGATE $5,000,000 $5,000,000 RIPER STATUTE E.L. EACH ACCIDENT OTH- ER $ $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Pearland is included as Additional Insured where required by written contract with respects to liablity arising out of the Name Insured operations per terms and conditions of the policies. Waiver of Subrogation applies where General Liability and Workers Compensation per terms and conditions of the polices. 30 DAY CANCELLATION CLAUSE INCLUDED CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 RFP 1022-16 Addendum 1 Polydyne Inc. Supplier Response Event Information Number: RFP 1022-16 Addendum 1 Title: Water Chemical and Supply Analysis Type: RFP-Sealed Issue Date: 11/16/2022 Deadline: 12/14/2022 02:00 PM (CT) Notes: Join from the meeting link https://pearlandtx.webex.com/pearlandtx/j.php? MTID=mde75774d58421251 da885a6a944f9689 Join by meeting number Page 1 of 3 pages Vendor: Polydyne Inc. RFP 1022-16 Addendum 1 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 Meeting number (access code): 2555 160 9692 Meeting password: yEYniFE3J92 Tap to join from a mobile device (attendees only) +1-408-418-9388„25551609692## United States Toll Contact Information Contact: Vanessa Elam Address: City Hall Annex 3523 Liberty Drive Pearland, TX 77581 Phone: (281) 652-1790 Email: velam@pearlandtx.gov Page 2 of 3 pages Vendor: Polydyne Inc. RFP 1022-16 Addendum 1 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 Polydyne Inc. Information Contact: Address: Phone: Fax: Email: Web Address: Randal Vickery One Chemical Plant Road Riceboro, GA 31323 (912) 880-2035 (912) 880-2078 bids@polydyneinc.com www.polydyneinc.com By submitting your response, you certify that you are authorized to represent and bind your company. Boyd Stanley Signature Submitted at 12/13/2022 05:09:40 PM (CT) Supplier Note bids@polydyneinc.com Email If there are any questions concerning this submittal, please contact Rebecca Beasley by calling (800) 848-7659 Opt. 2, or by email to bids@polydyneinc.com Response Attachments Polydyne Inc Complete Submittal Packet_City of Pearland TX RFP 1022-16.pdf Complete bid with required forms etc. Polydyne Inc_Exhibit E - Pricing Sheet -Bid Iine.xlsx Bid Pricing Form Bid Lines 1 Total Quantity: 1 UOM: EA Unit Price: $557,816.00 Total: $557,816.00 Response Total: $557,816.00 Page 3 of 3 pages Vendor: Polydyne Inc. RFP 1022-16 Addendum 1 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 ACORO® THI�RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DATE(MMIDD/YYYY) 12/28/2022 CERTIFICATE OF LIABILITY INSURANCE PRODUCER EPIC Insurance Brokers & Consultants 1140 Avenue of the Americas — 81h Floor New York, NY 10036 INSURED Polydyne Inc. One Chemical Plant Road PO Box 250 Riceboro GA 31323 COVERAGES CERTIFICATE NUMBER: CONTACT Andrea Kim NAME: PHONE 212.293.6203 (A/C, No, Ext): E-MAIL andrea.kim(atepicbrokers.com ADnRFSS• INSURER(S) AFFORDING COVERAGE FAX IA/C. Nol: 212.488.0220 INSURER A: IRONSHORE SPECIALTY INSURANCE COMPANY INSURER B: HARTFORD FIRE INSURANCE COMPANY INSURER C: HARTFORD ACCIDENT AND INDEMNITY COMPANY INSURER D: NAIC # 25445 19682 22357 INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A B A C X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS X X UMBRELLA LIAB EXCESS LIAB DED I I RETENTIONS SCHEDULED AUTOS NON -OWNED AUTOS X OCCUR CLAIMS -MADE ADDL INSD WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN Y N/A SUBR WVD Y Y POLICY NUMBER IEPICB5ZFB003 10ABR30603 IEELCASB5ZFD003 10WNR30600 POLICY EFF imminn/YYYYI 12/31/2022 12/31/2022 12/31/2022 12/31/2022 POLICY EXP IMM/nn/VYYVI 12/31/2023 12/31/2023 12/31/2023 12/31/2023 DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi City of Pearland is included as Additional Insured where required by written contract with respects to liablity arising o conditions of the policies. Waiver of Subrogation applies where General Liability and Workers Compensation per terms 30 DAY CANCELLATION CLAUSE INCLUDED MBER: :D NAMED ABOVE FOR THE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $500,000 MED EXP (Any one person) $25,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ X I STATUTE I I PER EERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 •ed) it of the Name Insured operations per terms and and conditions of the polices. CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 14- ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 10 MN R30600 Endorsement Number: 59 Effective Date:12/31/2022 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: SNF HOLDING COMPANY ONE CHEMICAL PLANT ROAD P.O. BOX 250 RICEBORO, GA 31323 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 // ��, IRONSHORE A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Endorsement # 23 Policy Number: IEPICB5ZFB003 Effective Date of Endorsement: December 31, 2022 Insured Name: SNF Holding Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIED ADDITIONAL INSURED(S) PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: SCHEDULE Name of Additional Insured Person(s) Or Organization(s) Blanket where required by written contact A. SECTION II — WHO IS AN INSURED, Paragraph 4.e. is amended to specify the entity indicated in the Schedule above as: e. Any person or organization you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor's business, however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; MANUSCRIPT Specified Additional Insured Page 1 of 2 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2) A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or (b) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. B. SECTION IV - CONDITIONS, Condition 17. Other Insurance, Paragraph a. is amended to specify the entity indicated in the Schedule above as a person or organization you agreed to insure and we will not seek contributions from any such other insurance issued to such person or organization. (g) ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. MANUSCRIPT Specified Additional Insured Page 2 of 2 DocuSign Envelope ID: 4CD43F05-ED2B-4D61-AC75-D432B155FD68 7 I RONSHORE., A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Endorsement # 27 Policy Number: IEPICB5ZFB003 Effective Date of Endorsement: December 31, 2022 Insured Name: SNF Holding Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - DESIGNATED ENTITY This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) It is hereby agreed that the policy to which this endorsement is attached is amended as follows: SCHEDULE Name of Designated Person(s) or Organization(s) Per the schedule on file with the broker. SECTION IV — CONDITIONS, Paragraph 3. Cancellation is amended to include the following: If this policy is cancelled by us for any reason other than nonpayment of premium or at the request of the first Named Insured, we will mail or deliver written notice of cancellation at least thirty (30) days before the effective date of the cancellation to the designated person(s) or organization(s) shown in the schedule above. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. MANUSCRIPT Notice of Cancellation_Designated Entity Page 1 of 1