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Contract 56964-R1
CSC No, 56964-R1 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE November 21, 2022 Pencco, Inc. Attn: Sarah Duffy P.O. Box 600 San Felipe, TX 77473 Re: Contract Renewal Notice— 1st Renewal Request for Proposal —Chemical Odor Control Services Contract CSC No. 56964 Original Contract Amount: $3,499,850.00 The above referenced contract with the City of Fort Worth expires January 6, 2023. This letter is to inform you that the City has appropriated funding and is exercising its right to renew the contract at the Original Contract Amount, which renewal will be effective upon execution by the designated Assistant City Manager. All other terms and conditions of the contract, remain unchanged, with the exception of the prices to be charged. Contractor has requested, and the City accepts,the unit price increases shown on the attachment,which amends the contract. Please verify that the original payment, performance and maintenance bonds remain active or if retired, provide updated bonds when you return this letter. Please sign in the space indicated below and return this document, along with a copy of your current insurance certificate, to the undersigned. Please log onto PeopleSoft Purchasing at httpa/fortworthtexas.gov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Contract Compliance Specialist (817) 392-8277 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contract Renewal Page 1 of 2 CSC No. ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration Dana B r h of this contract, including ensuring all By: Dana _rghdoff ov30,202217:44CST) performance and reporting requirements. Name: Dana Burghdoff Title: Assistant City Manager Date: By: Name: Shatabya Bergland APPROVAL RECOMMENDED: Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: Clue ffarrJer By: Christopher Ffarder(Nov 28,202207:10 CST) Name: Chris Harder da��oR�n�aaWA Title: Water Director ,7o*�"000!-X4 °°°°°° o a B D gJ6 dd y- $lack(Nov 29,202217:43 CST) P_wo � Name: Douglas. W. Black ATTEST: pro � Title: Sr.Assistant City Attorney � aa�AEX00 ASbpp� AUTHORIZATION: nuaa4o. M&C: 21-0660 By: OffietteS.Goodall 202209: Date Approved: 09/14/2021 Name: Jannette S.Goodall Title: City Secretary Form 1295 Certification No.: 2021-782790 VENDOR: Pencco Inc. By: Name: Sarah Duffy Title: Bid Sec. Date: 11/22/22 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contract Renewal Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/14/21 M&C FILE NUMBER: M&C 21-0660 LOG NAME: 13P21-0051 CHEMICAL ODOR CONTROL SERVICES CC WATER SUBJECT (ALL)Authorize Execution of Agreements for Chemical Odor Control Services with Pencco, Inc., NRP Group,Inc.,and US Peroxide LLC,in a Combined Annual Amount Up to$4,491,078.00 for the Water Department and Authorize Five One-Year Renewal Options for the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement for chemical odor control services with Pencco, Inc., NRP Group,Inc., and US Peroxide LLC,in a combined annual amount up to$4,491,078.00 for the Water Department and authorize five one-year renewal options for the same amount. DISCUSSION: The Water Department approached the Purchasing Division to procure agreements for chemical odor control services.The services are needed to control the odor and reduce or eliminate the corrosion concerns within the wastewater collection system. In order to procure these services,staff issued request for proposals(RFP)No.21-0051.The RFP consisted of detailed specifications regarding the type of chemicals,delivery and reporting.The RFP was advertised in the Fort Worth Star-Telegram on March 3,2021, March 10,2021, March 17,2021 and March 24,2021. The City received six proposals. Proposals were evaluated on Best Value criteria including the price,qualifications,methodology,and past performance.Staff from the Water and Transportation Public Works Department evaluated the proposals submitted and recommend awarding Pencco, Inc., NRP Group, Inc.,and US Peroxide LLC dba USP Technologies with five one-year options to renew.No guarantee was made that a specific amount of these services will be purchased.Funds will be distibuted as follows based on the chemical being provided: Vendor Chemical Award Amount NRP Group Biocatalyst Liquid $210,253.00 Pencco Liquid Ferric Chloride 35-42% $494,500.00 Liquid Ferric Chloride 35-42% Pencco (plant) $494,500.00 Pencco Liquid Ferric Chloride(alternative) $494,500.00 Pencco Liquid Ferric Sulfate 60% $505,450.00 Pencco Liquid Ferric Sulfate 60%(plant) $505,450.00 Pencco Liquid Ferric Sulfate(alternative) $505,450.00 US Peroxide Hydrogen Peroxide 50% $119,475.00 Pencco Liquid Ferrous Chloride 18-32% $500,000.00 US Peroxide Optical $661,500.00 OFFICE OF BUSINESS DIVERSITY(OBD):A waiver of the goal for MMBE subcontracting requirements was requested by the Purchasing Division and approved by the OBD,in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMNISTRATIVE CHANGE ORDER:An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval,this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS:This agreement may be renewed for five(5)additional one-year renewal periods.This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget,as previously appropriated,in the Water&Sewer Fund to support the approval of the above recommendation and execution of the agreements. Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. Submitted for Cily Manager's Office by: Jay Chapa 5804 Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Chris Harder 5020 Additional Information Contact: Cynthia Garcia 8525 Cristina Camarillo 8355 penrco PO Box 600 San Felipe,Texas 77473 (979) 885-0005 Fax: (979)885-3208 November 10, 2022 Shatabya Bergland City of Fort Worth 4500 Wilma Lane Arlington,TX 76012 Via Email: Shatabya.BerglandCrpfortworthtexas.pov fmspurchasing@fortworthtexas.Qov Re: RFP 21-0051 Chemical Odor Control Services with the City of Fort Worth 274-2020-12-KM Dear Ms. Bergland, Pencco was awarded the contract above in March 2021. The contract was executed in December 2021. Due to the time differential of bid date and award date we had to ask for a price adjustment in December 2021 to begin 1/1/22. 1 have attached documentation detailing some of our increases such as: Hydrochloric acid increases, oxygen increases, and scrap metal which are all raw materials used in the manufacturing process. This doesn't include increases in freight and fuel. We are also expecting increases as of January 1 per discussions with our raw material suppliers. Since 1/1/22, we have incurred and continue to incur increases in the raw materials used to manufacture the products we sell to the City of Fort Worth. These increases force us to request the following price adjustment: Current Price: $1.55/gallon (Ferric Chloride) New Price: $2.12/gallon (Ferric Chloride) Effective: 1/l/23-12/31/23 "Currently the only product we sell to the City under this contract is Ferric Chloride, however we were awarded ferric sulfate and ferrous chloride. Should the City start using those products, we will evaluate pricing at that time. There would be no other changes to the current terms and conditions of the contract. I can be reached at 979.885.0005 or sarah@pencco.com if you need any additional information. Thank you for your time and we look forward to continuing to serve the City of Fort Worth. Sincerely, sald nqy Sarah Duffy Bid Sec. REAGENT Reagent Chemical & Research, Inc. 1 1 i Highway 202. longues. NIJ 08551 Ot•'1=1C1:: (77(I)971-189G RM %•Iav 20. 2022 "ONFIDEN IAL Nlr- Brian Sullivan Pcncco Dear Nlr. Sullivan. Effective 20.2022 or as conEract terms and conditions allow- Reagent Chemical is increasing the price far all grades of 1•lydrochloric Acid by S50.00 per net ton. This increase is due to a further rise in chlorine Valucs.Which continues to restrict the production orHCI being ntartulacun•ed 1•I:,.chlorine burners. AddidonalIN'. Iimiut[ions on chlorine supplN•to the fluorocarbon and isucyanatc industries are continuing to reduce the amounts ofby-product FICI being.: produced. We continue to sec stronu 1 IC1 demand across all business seemcnts as the seasonal demand in water treatment for the summer months has bc,-,im and rising oil prices are strenetheninu demand in the encrQ%-sector. which tt•e are tOrecaStine to grow l'or the foreseeable future. 4 4 We will continue to be oil l 00"ZO order control. Your Rca-ent Sales tNlana�_er Neill be contacting you to explain the factors which arc impactin_e the hICI market. ns «ell ns answer any questions you might have on how this annowtl:cmCt1L Will affect our account. Thant: Vou for-,-our business and continued support of Reagent Chemical and our products. Bcst Rc,ards, Stoic Khan Vice PresidcnL. Chemical Saps REAGENT Reacent Chemical & Research, Inc. - ] ]5 Highway 202, Ringoes, N7 08551 OFFICE: (7,0)97I-I896 CHEMICAL AUgUst 25, 2022 Mr. Brian Sullivan Pencco Dear'Mr. Sullivan. Effective August 25, 2022 or as contract terns and conditions allow-, Reagent Chemical is increasuig the price for all grades of Hydrochloric Acid by S50.00 per net ton. This increase is due to continued strong values for chlorine, which is restricting the production of HC1 manufactured via chlorine burners. Lunited supply from the fluorocarbon and isocyanate industries, due to seasonal outages occurring during the third and fourth quarters of 2022, will also negatively impact by-product HC1 production in the coming months. Demand remains strong, with reduced supply, inventories will remain low. We will continue to be on 100% order control. Your Reagent Sales Manager will be contacting you to explain the factors which are impacting the HCl market, as well as answer any questions you might have on how this announcement Will affect your account. Thank you for your business and continued support of Reagent Chemical and our products. Best Regards, Steve Khan Vice President, Chemical Sales R1 / ; i1 P=1 i-_I 0) Tki1 The Gas Professionals 909LakpC.)(01 ,t'kvrj Pymg.Tx 75031) Tel (772)560-700 September 15,2022 MR.CHRIS MASTERS PENCCO, INC. PO BOX 600 SAN FELIPE,TX 77473 a-v '1 Dear Mr.Masters, Thank you for choosing Matheson. Due to the need to continue to invest in capabilities to meet current and future customer requirements as well recent cost increases, MATHESON is revising prices in accordance with the terms and conditions of your agreement. Listed below are the related accounts with the corresponding pricing revisions and effective dates. Effective Date: 9/30/2022 Account(s): T7569 Product Price Increase Percent Monthly Service Charge/Facility Fee 10.00% This adjustment will allow MATHESON to continue to provide cost competitive products and services at the same high standards of Safety,Quality, and Supply Reliability that you have come to expect. Please notify your accounting department that invoices issued after the effective date will reflect these changes. Should you have any questions, please do not hesitate to contact us. Sincerely, Chris Konopka A Nippon Sanso Holdings Company SEP 3 0 2022 _ i " Please Remit with copy of invoice to: .GGr`-S. ia.L StSVICZ A Caterpillar Company CHIC G TE. :0 3 (:fltC:.GG IL .:Dci3-!<<i= Ur a141t: Eii,l-1�: J= I-Sar�aa C:�asc Waskon :.s:, Ernlensa: 0210e0021 �y FCC^U117 "Ui M.All- .._ TAIL T0: �- rb OL i � 2fi2Z BIII To: Deliver To: l� PENCCO INC PO BOX 600 PENCCO IHC SAN FELIPE,TX 77473 SIP No:SP0008006 SP Tax Number: PC; Invoice No.: Sales Order: LN SO: Inv. Date: 823S6 S10468716 11611 378011572 09/30/2027 Quantity Item Price A:-naunt Ship pate 1)EOL: W1157020 Ticket: n.a. 45.643 Weight: 52220 ibs= 23.313 GT 5D$500.00 USD$22,821.59 2)SOL: W157049 Ticket: n.a. Weight: 50020 ibs = 22.330 GT 1 Shop Turnings-Shipping USD$0.00 USD$0.00 09/06/2022 1 Shop Turnings-Shipping USD$0.00 USD$0.00 09/01/2022 e/L*:WM020 TOTAL: USD 522.821.50 Payment: Net 30 Please state with your payment: 51046a716 These items are controlled by the U.S.government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein Identiried. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either In their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. 0- J aC i Progress R a H Please Remit with copy of invoice to: �++ ZOO�E55 .ra.'zE� 5�3VICE A Caterpillar Con,pany D�i 1 2gzz1 5U673-_2-1E V5 m ^ Mo_can e:^ase A T`�r7 l fi Wasko ::u:•:a :t021opEoz_ LA COl117 ::0:: B: 3Q2977707. EMAIL DM';,!L Sa: acCla:•og:ess-ail.ccm FE= Uur..b=_:: 55-37-0309 Bill TO: PENCCO INC Deliver To: PO BOX 500 PENCCO INC SA14 FELIPE,TX 77473 BP No:BPOOOS006 BP Tax Number: PO: invoice ISo.: Sales Order: LN SO: Inv. Date: 7396 S10391913 87041 378008670 10/06/2021 11 Quantity item Price Amount Ship Date 20.652 46,26016s V 5400.01) $8,260.80 1 Scrap Shavings 50.00 $0.00 09/23/2021 .B/L#: W153985 TOTAL: 58,260.80 Payment: Net 30 Please state with your payment:S10391913 These Items are controlled by the U.s.government and authorized for export only to the country of ultimate destination For use by the ultimate consignee or end-users)herein identified.They may not be resold,transferred,or othen-Ase disposed of,to any other country or to any person other than the:authorized ultimate consignee or end-user(s),either in their original form or after being incorporated into other items,without First obtaining approval from the U.S. government or as otherwise authorized by U.S.law and regulations. _.,11DENT1AL _"""N PENCINC-03 FHARTUN .4C4C>R1:?" CERTIFICATE OF LIABILITY INSURANCE DATE 1/1 612 0 2YY) �-�''� 1111612022 THIS CERTIFICATE 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 have ADDITIONAL INSURED provisions or 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 endorsements. PRODUCER ROW CT Francie Hartung,CIC Carlisle Insurance PHONE FAX 600 N Water#900 Arc,No,Ext:(361 360-7094 (A/C,No): Corpus Christi,TX 78401 JMD l .francesh@carlisleins.com INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:Navigators Specialty Insurance Company 36056 INSURED -INSURER B:Navigators Insurance Company 42307 Pencco,Inc. INSURER C:Zenith Insurance Company 13269 831 Bartlett Rd. INSURER D: Sealy,TX 77474 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ 1,000,000 CLAIMS-MADE F_X] OCCUR H022NP3Z03E19IC 11/15/2022 11/15/2023 DAMAGE TO RENTED 300,000 currence $ MED EXP(Any oneperson) $ 25,000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY F_x1 moT Fx_] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: General Agg Cap $ 10,000,000 B AUTOMOBILE LIABILITY (Ea accidentLCOMBINED SINGLE LIMIT $ 11000,000 X ANY AUTO FA19NCP02120603 11/15/2022 11/15/2023 BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BOODILY INJURY Per accident $ X AUTOS ONLY X AUTO ONLDY PPerOacEaR'dent SAGE $ $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS LIAR CLAIMS-MADE H022NP3Z03E19IC 11/16/2022 11/15/2023 AGGREGATE $ 10.000.000 x DED RETENTION$ C WORKERS COMPENSATION R PER OR ANDEMPLOYERS'LIABUJTY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN M1335701 11/1512022 11J1512023 E.L.EACH ACCIDENT $ 1'000,000 FFICER/MEM��R EXCLUDED?JN N/A (Mandatory In ) E.L.DISEASE-EA EMPLOYE $ 1,000,000 K yos,describe under 11000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution Liability H022NP3Z03E19IC 11/15/2022 11/15/2023 See Attached Limits DESCRIPTION OF OPERATIONS!LOCATIONS J VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street;Municipal Bldg. Fort Worth,TX 76102-0000 AUTHORIZED REPRESENTATIVE C� Q� ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:PENCINC-03 FHARTUNG LOG#: 0 A ©' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Carlisle Insurance Pencco,Inc. 831 Bartlett Rd. POLICY NUMBER Sealy,TX 77474 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages&Endorsements: Additional Insured endorsement included on the General Liability&Automobile Liability policies when there is a written contract between the Named Insured and the Certificate Holder requiring such status. Additional Insured Endorsement applies on a Primary &Non-Contributory basis when required in a written contract. 30 day notice of cancellation to the certificate holder,except 10 days for non-payment of premium on the General Liability,Auto Liability,Excess Liability and Workers'Compensation Policies. Blanket Waiver of Subrogation when required by written contract on the General Liability,Auto Liability, Excess Liability and Workers'Compensation Policies. The General Liability Policy includes the following Pollution Liability coverages: Products Pollution Liability Limit: $1,000,000; Contractors Pollution Liability Limit: $1,000,000; Transportation Pollution Liability Limit: $1,000,000; Contractors Pollution&Transportation Pollution Aggregate: $2,000,000 Non-Owned Disposal Site Pollution Liability(Claims-made): Limit; $1,000,000;Aggregate:$2,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD