HomeMy WebLinkAboutC2017-049 - 3/21/2017 - Approved e40103„ .sS
mse� SUPPLY AGREEMENT NO. 991
1WO
852 Sludge Dewatering Polymer for Wastewater Plants
THIS Sludge Dewatering Polymer for Wastewater Plants Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Polydyne, Inc. ("Supplier"),
effective for all purposes upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Sludge Dewatering Polymer for
Wastewater Plants in response to Request for Bid No. 991 ("RFB"), which RFB
includes the required scope of work and all specifications and which RFB and
the Supplier's bid response are incorporated by reference in this Agreement as
Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Supplier agree as follows:
1. Scope. Supplier will provide Sludge Dewatering Polymer for Wastewater
Plants in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety. "Goods," "products", and
"supplies", as used in this Agreement, refer to and have the same meaning.
2. Term. This Agreement is for 12 months. This Agreement includes an option
to extend the term for up to two additional 12-month periods ("Option
Period"), provided, the parties do so prior to expiration of the original term
or the then-current Option Period. The decision to exercise the option to
extend the term of this Agreement is, at all times, within the sole discretion
of the City and is conditioned upon the prior written agreement of the
Supplier and the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $96,946.20, subject to approved extensions and changes.
Payment will be made for goods delivered and accepted by the City within
30 days of acceptance, subject to receipt of an acceptable invoice. All
pricing must be in accordance with the attached Bid/Pricing Schedule, as
shown in Attachment B, the content of which is incorporated by reference
into this Agreement as if fully set out here in its entirety.
4. Contract Administrator. The Contract Administrator designated by the City
is responsible for approval of all phases of performance and operations
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2017-049
3/21/17
M2017-039
Polydyne Inc. INDEXED
under this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Gerald Garcia
Department: Wastewater, Utilities Treatment
Phone: 361-826-1806
Email: GeraldG@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the
Supplier must deliver a certificate of insurance ("COI"), as proof of the
required insurance coverages, to the City's Risk Manager and the Contract
Administrator. Additionally, the COI must state that the City will be given at
least 30 days' advance written notice of cancellation, material change in
coverage, or intent not to renew any of the policies. The City must be
named as an additional insured. The City Attorney must be given copies of
all insurance policies within 10 days of the City Manager's written request.
Insurance requirements are as stated in Attachment C, the content of
which is incorporated by reference into this Agreement as if fully set out
here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Supplier over a period of time, the City will exercise its right
to specify time, place and quantity of products to be delivered in the
following manner: any City department or division may send to Supplier a
purchase release order signed by an authorized agent of the department
or division. The purchase release order must refer to this Agreement, and
products will remain with the Supplier until such time as the products are
delivered and accepted by the City.
7. Inspection and Acceptance. Any products that are delivered but not
accepted by the City must be corrected or replaced immediately at no
charge to the City. If immediate correction or replacement at no charge
cannot be made by the Supplier, a replacement product may be bought
by the City on the open market and any costs incurred, including
additional costs over the item's bid price, must be paid by the Supplier
within 30 days of receipt of City's invoice.
8. Warranty. The Supplier warrants that all products supplied under this
Agreement are new, quality items that are free from defects, fit for their
intended purpose, and of good material and workmanship. The Supplier
warrants that it has clear title to the products and that the products are free
of liens or encumbrances. In addition, the products purchased under this
City of Corpus Christi Page 2 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
Agreement shall be warranted by the Supplier or, if indicated in
Attachment D by the manufacturer, for the period stated in Attachment D.
Attachment D is attached to this Agreement and is incorporated by
reference into this Agreement as if fully set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or
accept more than the City's actual requirements nor do the estimates
restrict the City from ordering less than its actual needs during the term of
the Agreement and including any Option Period. Substitutions and
deviations from the City's product requirements or specifications are
prohibited without the prior written approval of the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of
any fiscal year of the City, which fiscal year ends on September 30th
annually, is subject to appropriations and budget approval specifically
covering this Agreement as an expenditure in said budget, and it is within
the sole discretion of the City's City Council to determine whether or not to
fund this Agreement. The City does not represent that this budget item will
be adopted, as said determination is within the City Council's sole discretion
when adopting each budget.
11. Independent Contractor. Supplier will perform the work required by this
Agreement as an independent contractor and will furnish such products in
its own manner and method, and under no circumstances or conditions will
any agent, servant or employee of the Supplier be considered an
employee of the City.
12. Subcontractors. Supplier may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
however, the Supplier must obtain prior written approval from the Contract
Administrator if the subcontractors were not named at the time of bid. In
using subcontractors, the Supplier is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees
were employees of the Supplier. All requirements set forth as part of this
Agreement, including the necessity of providing a COI in advance to the
City, are applicable to all subcontractors and their employees to the same
extent as if the Supplier and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by
written change order signed by both parties. Change orders may be used
to modify quantities as deemed necessary by the City.
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
14. Waiver. No waiver by either party of any breach of any term or condition of
this Agreement waives any subsequent breach of the same.
15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the
City Manager shall be provided proof of payment of these taxes within 15
days of such request.
16. Notice. Any notice required under this Agreement must be given by fax,
hand delivery, or certified mail, postage prepaid, and is deemed received
on the day faxed or hand-delivered or on the third day after postmark if
sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Title: Contract/ Fund Administrator
Address: 2726 Holly Road Utilities Department
Corpus Christi, Texas 78415
Fax: 361-8261715
IF TO SUPPLIER:
Polydyne Inc.
Attn: Rick Johnson
Title: Regional Sales Manager
Address: One Chemical Plant Rd. Riceboro, Georgia 31323
Fax: 912-880-2078
17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL
LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF
ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF
PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY
OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND
EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT
OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER
THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED
City of Corpus Christi Page 4 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY
NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE
NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY
OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR
SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED
THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY,
AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS
AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY,
DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE
INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Supplier's failure
to perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term of this Agreement. The
Contract Administrator must give the Supplier written notice of the breach
and set out a reasonable opportunity to cure. If the Supplier has not cured
within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Supplier. The
City Manager may also terminate this Agreement upon 24 hours written
notice to the Supplier for failure to pay or provide proof of payment of taxes
as set out in this Agreement.
19. Assignment. No assignment of this Agreement by the Supplier, or of any
right or interest contained herein, is effective unless the City Manager first
gives written consent to such assignment. The performance of this
Agreement by the Supplier is of the essence of this Agreement, and the City
Manager's right to withhold consent to such assignment is within the sole
discretion of the City Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be
severable and, if, for any reason, any provision or part of this Agreement is
determined to be invalid and contrary to applicable law, such invalidity
shall not impair the operation of nor affect those portions of this Agreement
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
•
that are valid, but this Agreement shall be construed and enforced in all
respects as if the invalid or unenforceable provision or part had been
omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies
between this Agreement, its attachments, and exhibits, such conflicts and
inconsistencies will be resolved by reference to the documents in the
following order of priority:
A. this Agreement and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Supplier's bid response (Exhibit 2)
22. Certificate of Interested Parties. Supplier agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to
complete Form 1295 "Certificate of Interested Parties" as part of this
Agreement.
23. Governing Law. This Agreement is subject to all federal, State, and local
laws, rules, and regulations. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form
and venue for such disputes is the appropriate district, county, or justice
court in and for Nueces County, Texas.
24. Entire Agreement. This Agreement constitutes the entire agreement
between the parties concerning the subject matter of this Agreement and
supersedes all prior negotiations, arrangements, agreements and
understandings, either oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 6 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
SUPPLIER
Signature:
Printed Name: Mark Schalg
Title: Vice-President
Date: 2/9/17
CITY OF CORPUS CHRISTI
Signature:
Printed Name:\P("\a . Psr
Title: 'Procwwe
Date: 3/)<;1- / 17 AEST:li2/ RE SCCA HUERTA
Attached and Incorporated by Reference: (�I
M2
Attachment A: Scope of Work ,Jy� 2
Attachment B: Bid/Pricing Schedule !Y COUNCIL
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements ...mammomalmommonemimmememw. -44
SECRETARY
Incorporated by Reference Only:
Exhibit 1: RFB No. 991
Exhibit 2: Supplier's Bid Response
City of Corpus Christi Page 7 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
1.1 General Requirements/Background Information
It is the intent of this specification to describe polymers to be used for de-watering of
digested sludge using belt filter presses at the City's Allison, Broadway, Greenwood,
Laguna Madre, Oso and Whitecap Wastewater Treatment Plants. Only chemicals
known as organic polymer, which are synthetic, high molecular weight, water-soluble
polyelectrolytes, manufactured specifically for use as flocculants for sludge
conditioning will be allowed.
1.2 Product Specifications
A. Polymers shall be emulsion-type only, readily and completely miscible in water at all
dilutions and temperatures, and capable of being diluted to any ratio needed to
meet dosage requirements. The product shall be a cationic copolymer of
acrylamide. The product shall contain no formaldehyde. Active solids concentration
must be a minimum of 40%. The polymer materials shall have a shelf life of at least
six months at ambient temperatures. The polymer materials in both concentrated
and dilute form shall not require special handling, nor shall they pose hazards to
employees working with them. The polymer shall not contain any substances which
are inhibitory or toxic to bacteria essential to wastewater treatment processes. The
materials shall not cause corrosion problems to the City's equipment. The polymers
must be compatible with the City's existing storage and handling facilities.
B. The product must meet the following performance specifications for each of the City's
wastewater treatment plants. Failure to meet these specifications will result in that
product being deemed non-conforming:
PLANT MINIMUM MINIMUM MAXIMUM MINIMUM MAXIMUM
FEED RATE FEED FILTRATE CAKE POLYMER
(gallons/min) SOLIDS SOLIDS SOLIDS DOSAGE
(lbs/dry ton)
ALLISON 70 2 200 16 15
BROADWAY 100 2 200 24 15
GREENWOOD 100 4 200 24 15
OSO 160 2 200 16 15
LAGUNA 70 2 200 16 15
MADRE
WHITECAP 70 2 200 16 15
RFB Template 10.10.16
C. PERFORMANCE REQUIREMENTS FOR POLYMER USED AT BROADWAY CENTRIFUGES
The Broadway Wastewater Treatment Plant is the only plant using centrifuges. The
polymer used for the centrifuges will comply with all other elements of the
Performance Specification, expect as amended here:
1. Solids concentration of waste activated sludge: Minimum 10,000 mg/I.
2. Volatile Content of Solids: Less than 74 percent.
3. Total Sludge Feed Rate:
a. Design: 450 gallons per minute.
b. Minimum: 280 gallons per minute.
4. Total Diluted Polymer and Sludge Feed Rate:
a. Design: 500 gallons per minute.
b. Minimum: 300 gallons per minute.
5. Cake Dryness:
a. At Design Sludge Feed Rate: Minimum 18 percent total solids
b. At Minimum Sludge Feed Rate: Minimum 22 percent total solids
6. Maximum centrate total suspended solids: 200 mg/I
7. Maximum polymer dose: 15 lbs. polymer per dry ton solids
1.3 Delivery
A. Polymers shall be delivered in 250 gallon totes provided by the Supplier, and
unloaded at the wastewater treatment plants. The Supplier shall provide any special
equipment necessary for unloading. Deliveries shall be made between 8:00 a.m.
and 4:00 p.m., Monday through Friday, excluding holidays, unless otherwise
instructed. The frequency of deliveries is dependent upon the requirement of
keeping a two-week minimum inventory of polymer for sludge de-watering. The City
reserves the right to inspect and reject any polymer shipment if the polymer is
defective, or does not meet the requirements of these specifications. Supplier shall
invoice each delivery separately. Pricing calculation shall be based on pounds of
product delivered. No minimum or maximum purchase of polymer is guaranteed by
the City within the duration of the contract.
B. Deliveries will be made to the following wastewater treatment plants:
Allison Treatment Plant-4104 Allison Drive, Corpus Christi, Texas
Broadway Treatment Plant- 1402 W. Broadway, Corpus Christi, Texas
Greenwood Treatment Plant-6541 Greenwood Drive, Corpus Christi, Texas
Laguna Madre Treatment Plant-201 Jester, Corpus Christi, Texas
Oso Treatment Plant- 601 Nile, Corpus Christi, Texas
Whitecap Treatment Plant- 13409 Whitecap Blvd., Corpus Christi Texas
RFB Template 10.10.16
•
1.4 Quality Control and Technical Support
The Supplier shall establish and maintain a complete Quality Control Program that is
acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Supplier shall provide technical assistance as
needed to ensure that the polymer is performing as per the specifications and that the
polymer is being used in the most cost effective manner.
1.5 Special Instructions
All materials supplied must comply with all requirements and standards of the
Occupational Safety and Health Act (OSHA). All appropriate marking shall be in place
before delivery. Items not meeting OSHA specifications will be refused. Safety Data
Sheets (SDS) essentially similar to the U.S. Department of Labor form LSB-00 S-5 shall be
furnished with the materials delivered.
RFB Template 10.10.16
Attachment B: Bid/Pricing Schedule
:
CITY OF CORPUS CHRISTI
ili
a
t7ileBID FORM
4 PURCHASING DIVISION
ire RFB No. 991
SLUDGE DEWATERING POLYMER FOR
WASTEWATER PLANTS
Date:
1/12/17 PAGE 1 OF 1
Authorized
Bidder: Polydyne Inc. Signature:
Ma Schlag,Vice-President
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices;
b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information
on file with City's purchasing office, pursuant to the Code of Ordinances, is current
and true.
c. Bidder is current with all taxes due and company is in good standing with all
required governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description UNIT QTY Unit Price Total Price
1 Sludge Dewatering Polymer- LBS 16,000 $0.702/Lb. $11,232.00
Allison Treatment Plant CE-1856
2 Sludge Dewatering Polymer- LBS 18,700 $0.702/Lb. $13,127.40
Broadway Treatment Plant CE-1856
3 Sludge Dewatering Polymer- LBS 39,000 $0.702/Lb. $27,378.00
Greenwood Treatment Plant CE-454
4 Sludge Dewatering Polymer€E-1323 LBS 6,900 $0.702/Lb. $4,843.80
Laguna Madre Treatment Plant
5 Sludge Dewatering Polymer- LBS 55,200 $0.702/Lb. $38,750.40
Oso Treatment Plant CE-1323
6 Sludge Dewatering Polymer- LBS 2,300 $0.702/Lb. $ 1,614.60
Whitecap Treatment Plant CE-1856
Total $96,946.20
Attachment C: Insurance Requirements
No insurance requirement needed for this supply agreement.
Attachment D: Warranty Requirements
No warranty requirement needed for this supply agreement.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-164687
Polydyne Inc.
Riceboro, GA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/09/2017
being filed. (�
City of Corpus Christi Date Ackn ledged: ,Y^,,.�Q/
4,01 !ion
3 Provide the identification number used by the governmental entity or state agency to track or identifytrac,and provide a
description of the services,goods,or other property to be provided under the contract.
199
Supply and Delivery of Polymer
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling 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.
Signa u o uthorized agent of contracting business entity
Mark SchAlg,Vice-President
AFFIX NOTARY STAMP/SEAL ABOVE V ( �Sworn to and subscribed before me,by the said Mair 1--S (A1(1)(_
,this the /I r day of �,
20 I ? to certify which,witness my hand and seal of office.
(N,
... Pamela J. McDermitt L �
I / My Commss on E public N 0 /
xalres July 28, f
Signature of officer administer g oath Printed name of officer administering oath Title of o icer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277