HomeMy WebLinkAboutContract #: 1845 - From: 07-01-2025 To: 06-30-2026 - Shannon Chemical Corp - WTP CONTRACTNO.
VENDOR NO. 415
CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR SUPPLIES
THIS CONTRACT made and entered into this 15 day of April,2025,by and between Shannon
Chemical Corporation, a domestic profit ion duly authorized by law and having a
principal place of business at P.O.Box 376 Malvern,PA 19355,hereinafter called"VENDOR",
and the and the TOWN of North Andover, ("T ") a municipal corporation duly established
y law and located at 120 Main Street, North Andover, Essex County, Commonwealth of
Massachusetts.
WHEREAS,the TOWN issued its Invitation for Bids thru the Northeast/Merrimack Valley
Chemical Consortium for treatment chemicals,dated March 20,2625,and;
WHERE-AS, the TOWN has accepted the VENDOR'S proposal subject to the conditions and
agreements herein contained;
NOW,THEREFORE,IT IS AGREED by and between the Parties asfollows:
-I-
The VENDOR agrees that it will provide Zinc Orthophosphate (SLI-932 OR EQUAL) as
described in accordance with the Invitation for Bids, Specifications, and the Bid. The Invitation
for Bid, the Specifications, the Bid, all required Certifications, all Insurance Binders, and if
applicable,the Schedule of Minimum Wage Rates,are incorporated herein and made a part of this
CONTRACT.
The VENDOR will report to the signatory Department Head of this CONTRACT.
-2-
The Period will commence on July 1, 2025 and terminating June 30, 2026, Any
extensions of time must be by written NOTICE per paragraph 19 from the TOWN,and are at the
sole discretion of the TOWN.
e contract price shall be$0.4110/pound. This Contract is expressly subject to and contingent
upon an appropriation of funds.
4-
The TOWN agrees to use best efforts to pay for services within thirty (30)days of receiving an
invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice
has filed with the eontracting department.Any payment under this Contract shall not constitute or
bed a waiver,relinquishment,release,or abandonment of any claim which the TOWN may
have against the VENDOR for breach of this Contract.
-5-
The VENDOR agrees that no obligation shall be considered to have incurred under this
CONTRACT unless and until a purchase order shall have been duly issued and approved. And
further, that the obligation incurred shall be limited to the amount set forth in purchase order or
purchase orders duly issued and approved.
-6-
The VENDOR certifies that performance under this Contract will meet ethical business standards
and good stewardship of taxpayer and public funding to prevent waste or abuse.
-7-
The VENDOR shall at all times during the Contract maintain in full force and effect Employees
Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage
Insurance, including contractual liability coverage. All insurance shall be for policy limits
acceptable to the TOWN; all required insurance shall be certified by a duly authorized
representative of the insurers on the "MIIA" or "ACOW Certificate of Insurance form
(incorporated into and made a part of this agreement); and before commencement of work
hereunder the VENDOR agrees to furnish the TOWN with ce4lificate(s) of insurance or other
evidence satisfactory to the TOWN. The certificates shall contain the following express
obligations: "In the event of cancellation or material change in a policy affecting the certificate
holder,thirty(30)days prior written notice will be given the certificate holder.Where notice is not
provided by VENDOR's insurer,the notice will be provided by the VENDOR."The TOWN shall
be named as an additional insured under each policy or policies,except Workers' Compensation.
For the purpose of the Contract, the VENDOR shall carry the following types of insurance in at
least the limits Wcified below.
Workers' Compensation—the required statutory amount
Hinployer's Liability—$500,000
Bodily Injury&Property Damage Liability Except Automobile—$500,000
Automobile Bodily Injury & Property Damage Liability—$1,000,000 combined single limit for
each accident.
Excess Umbrella Liability—$5,000,000 for each occurrence
-8-
2
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It is further agreed by the VENDOR that, in the event the TOWN is sited in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
VENDOR'S performance or non-performance of this Contract, then the OR, without
reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out
of the VENDOR'S performance or non-performance of the CONTRACT.
To the full extent permitted by law, no official,employee, agent or representative of the TOWN
of'Notth Andover shall be individually or personally liable on any obligation of the TOWN under
this Contract.
This Conti-act is subject to all laws of the Commonwealth of Massachusetts, federal, state and
local, which are applicable to this Contract or work with a public entity; and it is presumed that
the VENDOR is cognizant thereof.Any and all proceedings or actions relating to the subject matter
herein shall be brought and maintained in the courts of the Commonwealth, which shall have
exclusive jurisdiction thereof.This paragraph shall not be construed to limit any other legal rights
of the parties.
-10-
The VENDOR agrees to comply with all the provisions of General Laws, Chapter 30B and all
related sections, including amendments thereto, in performing all work under this CONTRACT,
and the provisions of said sections are made a part of this CONTRACT and are to be considered
as covenants, terms and conditions hereof its though all the provisions were specifically
Incorporated herein,and the provisions of the said sections shall apply even though it may appear
they are not applicable to the work of the type to be performed under this CONTRACT.
The VENDOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151, §I, etseq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. The VENDOR will, if applicable,
comply with the wage rates as determined by the Commissioner of the Department of Labor and
Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force
and as amended.
-12-
The VENDOR will carry out the obligations of this Contract in full compliance with all of the
requI rements imposed by or pursuant to General Laws c.151 B (Law Against Discrimination)and
any executive orders,rules,regulations,and requirements of the Commonwealth of Massachusetts
as they may from time to time be amended.
3
The VENDOR shall comply with all federal and state laws, rules and regulations promoting fair
employment practices or prohibiting employment discrimination and unfair labor practices and
shall not discriminate in the hiring of any applicant for employment nor shall any qualified
employee be demoted, discharged or otherwise subject to discrimination in the tenure, position,
promotional opportunities,wages, benefits or terms and conditions of their employment because
of race,color,national origin, ancestry, age,sex,religion,disability,handicap,sexual orientation
or for exercising any rights afforded by law.
The VENDOR shall not assign or delegate, in whole or in part or otherwise transfer any liability,
responsibility,obligation,duty or interest under this Contract without the written approval of the
TOWN.
-14-
It is further agreed that the TOWN may terminate this CONTRACT without cause,upon fourteen
(14)days' written notice to the other party,sent by certified mail,to the usual place of business of
the other party. The TOWN may also terminate this CONTRACT at any time for cause.
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification,the word"person"shall mean any natural person,business,partnership,corporation,
union,committee,club or other organization,entity,or group of individuals.
-16-
The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of
North over have been paid in full.
-17-
This contract is only binding upon,and enforceable against the TOWN if. 1)the Contract is signed
by the TOWN Manager or her designee; 2)and endorsed with approval of TOWN Counsel as to
form.
At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, them shall be available in the office of the VENDOR for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and of data relating to all matters
covered by this Agreement.
4
This instrument, and the other components of the contract documents, constitutes the entire
contract between the parties, with no agreements other than those incorporated herein. Any
Amendments to this Contract must be made in writing and executed by all signatories to the
original Contract,prior to the effective date of the amendment.
-19-
Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the name
or on the behalf of the party giving orserving the same. Notice shall be deemed to have been
received at the time of actual service or three (3) business days after the date of a certified or
registered mailing properly addressed. Notice to the VENDOR shall be deemed sufficient if sent
to the address set forth In the Contract and to the TOWN by being sent to the To Manager,
North Andover Town Hall at 120 Main Street,North Andover,Essex County,Commonwealth of
Massachusetts.
IN WITNESS WHEREOF, the VENDOR and the said TOWN OF NORTH ANDOVER have
hereto and to a duplicate and triplicate hereof,caused their corporate is to be affixed and these
presents,together with said duplicate and triplicate,to be signed in their name and behalf by their
duly authorized officers the day and year first above written.
APPROVED: VENDOR:Shannon Chemical Corporation
By_ Dargel P. F nn, President
MoUssa MuqAy-Rodrigues
Town Manager,North Andover Fed.I.D. or Social Security No.:
23-1856793
APPROVED AS TO FORM: TOWN OF NORT I NDOVER
7; -
'fA
'1 f �Z
Christine P.O'Connor- " (iad r
Town Counsel Depar(rAntI� '
Kyrne
o Tccountant
.............. .....................
CERTIFICATIONS
CERTIFICATE OI''NON-COLLUSION
The undersigned certifies under penalties of perjury that our bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee,union,club or other organization,entity,or group of individuals.
Signature Date
05/15/25
Daniel C. Flynn, President Shannon Chemical Corporation
Print Name&Title Company Name
CERTIFICATE OF TAX COMPLIANCE
i
Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(b), I
Daniel C. Flynn ,authorized signatory for Shannon Chemical Corporation
Nance of individual Na ne of conlrac!or
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to
taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting
child support.
Daniel C. Flynn, President 05/15/26
Signature Date
6
eShhannon Chemical Cor .
PC), N"�%3/6 Malv rn'WA - Vnvxv" (06)'16A 9090 a fr"IX,(610)624(111,I)E"o P
Cotpotate Resolution
At the meeting of directors of SHANNON CHEMICAL CORPORATION, duty noticed and
held on April 24, 2025 a quorum being there present, on motion duly made and seconded.
It®vas:
Resolved that Daniel C. Flynn, be and is hereby appointed, constituted and designated as
agent and Attorney4n-Fact of the corporationwith full power and authority to act on behalf
of this corporation in all negotiations; biddin& concerns and transaction,including but not
limited to the execution of all bids, papers, documents, affidavits, bonds, sureties, contracts
and acts and to receive and receipt therefore all purchase orders and notices issued pursuant
to the provisions of any such bid or contract. 11is corporation hereby rati4ing, approving,
confirming and accepting each and every such act pefformed by said agent and Attorney-in-
Fact.
I hereby certify the foregoing to be a true and correct copy of an excerpt of the minutes of
the above dated meeting of the board of directors of said corporation,and the same has not
been revoked or rescinded.
//4L o
Vin Flynn,Secretary
05115ZZ5
Date
Incorporated:Penmylvanis
SCSI:
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59 Hoped plains Road•Bidding A
Cranbury NJ 06512 3706
Tolept►one (609)495.2495
Fait(609)860.0138
Ww-knophoscom
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.April 1 ,2025
Dear Valued Customer,
As we continue to navigate through unprecedented macroeconomic challenges, we retrain
committed to being a reliable supplier of high-duality phosphate salts and phosphoric acid
products.We continue to assess the overall impact of current market conditions on our business to
ensure that we can fulfill this commitment to you.
Due to our strategic North American footprint,the effects of tariff'chance have,at this point,been
less than initially anticipated. However, the global specialty phosphate markets continue to
experience rising rave material costs and a challenging supply environment. As a result,we will
be irnplernenting a price increase on all orders shipping on or after May 1,2025 as follows:
• Phosphate Salts,all grades- a1 /lb
• Phosphoric Acid,all grades-$.09/lb
• Polyphosphoric Acid,all grades- 36/lb
Ibis increase will be subject to any contractual limitations previously agreed to. Furthennore,we
will be reviewing prices for products that do not meeta minimum,threshold and,ifnecessary,we
ill make additional adjustments.
Innophos values your business,and we remain committed to being your supplier of choice,serving
both your cumart and future needs while always operating according our core values oflntegrity,
Quality,Safety,Respect,and Ethics.
If you have any questions, please do not hesitate to contact your regional Innophos Sales4
Executive,
Regards,
Leon Buzodi Ague Delong Matt Phillips
W Ilk
r
Commercial Director Commercial Director Commercial Director
Industrial Specialties Food&Health Distribution
i
utren-
March 31,2025
Dear Valued Customer:
Effective April 16,2025,or as contract terms allow,Nutrien Sales will Implement a 1 increase on
purified phosphoric acid.This adjustment reflects the rising input costs associated with raw materials and
production,as well as tight supply conditions and strong market demand for purified phosphoric acid
products.
To help ensure timely deliveries on new purified acid orders,we will require 14 days advance notice on
new rail or truck orders to ensure we can provide the high quality of service we pride ourselves on.
Your dedicated Nutrien sales manager is available to discuss further. We appreciate and value your
business and look forward to serving you In the future.
Sincerely,
Amy Cardenas
(Director Sales,Industrial Phosphates
Phone: -231
Email:amy.cardenas@nutrien.co
CONFIDENTIAL—NOT FOR DISTRIBUTION
NUTRIEN SALES
529•PHONE( ) r .2. ®FAX(847) -4693
INDUSTRIAL ER SERVICE 800-6 -451
WWW.WJTRIEN.COM