HomeMy WebLinkAboutSNF Polydyne, Inc - Agreement for Services - 05.08.19DocuSign Envelope ID: 16E03EOB-372A-4712-B943-EE978B7B2428
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AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of Mccy
2019, by and between the City of Livermore ("City"), a municipal corporation, and SNF
Polydyne Inc. ("Contractor"), a Delaware corporation.
RECITALS
City requires services to supply and deliver dewatering polymer to the Livermore
Water Reclamation Plant.
Contractor warrants it possesses the distinct skills, qualifications, experience, and
resources necessary to timely perform the services described in this Agreement.
Contractor acknowledges City has relied upon these warranties to retain Contractor.
AGREEMENT
NOW, THEREFORE, City and Contractor hereby agree that the aforementioned
recitals are true and correct and further agree as follows:
1. Retention as Contractor. City hereby retains Contractor, and Contractor hereby
accepts such engagement, to perform the services described in Section 3 below subject
to the terms and conditions in this Agreement.
2. Relationship of Parties — Independent Contractors. The relationship of the
parties shall be that of independent contractors. Contractor and its employees are not
City officers or employees. Contractor is responsible for the supervision and
management of its employees, including any workers compensation insurance,
withholding taxes, unemployment insurance,_ and any other employer obligations
associated with the delivery of the services contemplated by this Agreement.
3. Description of Services. Contractor shall provide services to supply and deliver
dewatering polymer to the Livermore Water Reclamation Plant as more particularly set
forth in Exhibit "A" (collectively "the Services").
4. Contractor's Responsibilities. Contractor shall:
(a) Diligently perform the Services in a manner commensurate with industry,
professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely
manner;
(c) Obtain a business license from the City of Livermore, and keep it in effect
for the term of this Agreement;
(d) Obtain and keep in effect all necessary licenses, permits, qualifications,
insurance, and approvals legally and professionally required for Contractor to practice its
profession and to provide the Services;
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(e) Comply with all laws in effect that are related to Contractor and the Services;
(f) Coordinate the Services with Jimmie Truesdell, Water Resources
Operations Manager ("Project Manager"), or such other person designated as the Project
Manager by City;
(g) Be available to the Project Manager, and other parties referred to Contractor
by the Project Manager, to answer questions or inquiries related to the Services;
(h) Only invoice City for the Services rendered. Contractor's invoice shall be in
writing and describe the Services performed for the payment requested. Contractor shall
not submit an invoice to City more frequently than once a calendar month;
(i) Keep and maintain invoices and records related to the Services in an
organized manner. At a minimum, the records must be kept for at least 3 years from the
date of final payment to Contractor and must include time sheets, work progress reports,
and other documentation to adequately explain all the Services invoiced for payment.
Contractor shall make the invoices and records immediately available to City upon
delivery of a written request to examine, audit, or copy them at City's place of business
during normal business hours. Contractor shall give City 30 calendar -days' written notice
prior to destroying the invoices and records, and allow City an opportunity to take
possession. if City wants them, Contractor and City shall coordinate their delivery to City
in the most efficient manner possible;
0) Prepare and submit a written report to the Project Manager, within 3
business -days of the Project Manager's written request, that identifies the Services
completed and in progress, the charges incurred to date, and the anticipated cost to
complete the remaining Services; and,
(k) Contractor shall correct, at its own expense, all errors in the Services.
Should Contractor fail to make such correction in a timely manner, City may make the
correction and charge the cost thereof to Contractor.
(1) If applicable, Contractor shall ensure that 811 work for compensation is taken
in compliance with the requirements of the California Labor Code including but not limited
to hours of labor, nondiscrimination, payroll records, apprentices, worker's compensation
and prevailing wages. If applicable, Contractor shall comply with all prevailing wage laws,
such as sections 1773, 1773.8, 1775, 1776, 1777.5. 1777.6, and 1813 of the California
Labor Code and any other applicable wage and hour law. If any violation of prevailing
wage law associated with this Agreement is deemed to have occurred by any court or
administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty
dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less than the applicable prevailing rates for any work done to
accomplish the purposes of this Agreement.
(m) Contractor's services provided pursuant to this Agreement shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as applicable regulations and guidelines issued pursuant to the ADA.
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5. Compensation and Pa meat.
(a) The total compensation payable by City to Contractor for the Services
SHALL NOT EXCEED the sum of $440.000.00 ("not -to -exceed amount"), City shall
compensate Contractor for the Services rendered at the hourly rates or task amounts set
forth in Exhibit "A" up to the not -to -exceed amount. Except as provided in the body of this
Agreement, the hourly rates or task amounts are intended to be Contractor's only
compensation for the Services and is inclusive of all costs of labor, licensing, permitting,
travel expenses, overhead and administrative costs, and any -and -all other costs,
expenses, and charges incurred by Contractor, its agents, and employees to provide the
Services.
(b) City shall pay Contractor no later than 30 days after City receives a written
invoice from Contractor and verifies the Services were performed for the payment
requested.
C. Term. The term of this Agreement commences on July 1, 2019 and terminates
upon the completion of Services or June 30, 2021, whichever occurs first. This Agreement
may be extended for two additional one-year terms by mutual written agreement of the
parties. In the event that Contractor requests an increase to the annual not -to -exceed
price or the unit price in Exhibit A, which is more than the percentage increase in the
Consumer Price Index (CPI) for all urban customers in the San Francisco -Oakland -
Hayward area, Contractor shall provide City with written documentation supporting the
price increase, including market conditions, polymer index and%or other similar factors. In
no event shall a price increase result in more than a 10% increase from the prior annual
not -to -exceed price and/or the prior annual unit price. In the event that Contractor offers
polymer to another governmental entity within a 100 mile radius of City at a lower price
than set forth in this Agreement, Contractor shall notify the City within 30 days of the lower
price and provide the polymer to City at the same lower price.
7. Termination b Cit . City may terminate any portion or all of the Services by
giving Contractor at least 30 calendar -days written notice. Upon receipt of a termination
notice, Contractor shall immediately stop all work in progress on the Services except
where necessary to preserve the benefit of the work, and assemble the work on the
Services for delivery to City on the termination date. All compensation for Services
performed prior to the termination date shall be payable to Contractor in accordance with
Section 5.
8. Ownership of Documents. All drawings, designs, data, photographs, reports and
other items prepared or obtained by Contractor in the performance of the Services are
City's property and Contractor shall deliver them to City upon demand.
9. Copyright and Right of Use. All items created by Contractor for City under this
Agreement are works made for hire, and Contractor shall give City the copyright and all
intellectual property rights to all items developed, prepared, and delivered as part of the
Services. Contractor agrees that all aspects of the Services and items created thereby
will be original works of creation and will not use, in whole or in part, any worst created by
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any other Marty, except when expressly disclosed by Contractor to City and Contractor
obtains a license to such items for the benefit of City. All licenses must be perpetual,
world-wide, non-exclusive, and royalty free sufficient in scope to permit City's full use and
enjoyment of its ownership rights in the items created by the Services.
10. Confidentiality. Contractor shall not disclose any confidential or proprietary
information received from City to anyone except Contractor's employees who require
access to the information to perform the Services. This ❑bligation shall survive
termination and remain in full force and effect until the information, and any copies thereof,
are destroyed or returned to City.
11. Indemnity and Defense.
(a) Definitions. When used in this "Indemnity and Defense" section, these
terms have the following meaning:
(1) "City," means the City, its elected officials, officers, directors,
employees, agents, or designated volunteers.
(2) "Design Professional," means licensed architects, licensed
landscape architects, registered professional engineers, professional land surveyors and
the business entities which offer such services in accordance with the provisions of the
California Business and Professions Code listed at California Civil Cade, section 2782.8,
upon which Contractor relies to meet the obligations of, or perform work pursuant to, this
Agreement. Although it is possible, this Agreement does not anticipate that Contractor
will be relying on the services of Design Professional or any professional to perform this
Agreement.
(3) "Nan -Design Professional," means any person or entity upon which
Contractor relies to meet the obligations of, or perform work pursuant to, this Agreement
who or which is not a Design Professional. This Agreement contemplates that Contractor
will be relying on the services of a Non -Design Professionals to perform this Agreement.
(4) "Loss," or "Losses," mean all claim for or actual loss, liability,
damage, cost, and expense including but not limited to reasonable attorney, consultant
and expert fees, and court costs arising out of or in connection with Contractor's obligation
or work to perform this Agreement including the City's active or passive negligence,
except for such Loss arising from the sole negligence or willful misconduct of the City.
(b) Non -Design Professional Services. Contractor shall defend, indemnify,
and hold harmless the City from and against any alleged Loss arising out of, pertaining
to, or relating to, the services of any Non -Design Professional.
(c) Design Professional Services. For an alleged Loss that solely arises out
of, pertains to, or relates to, the services of a Design Professional, Contractor shall defend
and indemnify the City solely for such Losses due to the negligence, recklessness, or
willful misconduct of the ❑esign Professional(s) as allowed by application of California
law, including California Civil Code, section 2782.8, as written on the effective date of this
Agreement and according to applicable judicial interpretations.
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(d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to
both the services of a Design Professional and a Non -Design Professional, Contractor
shall defend City against the claimed Loss and shall indemnify and hold harmless City
from all Losses alleged against the Non -Design Professional combined with any Lasses
allegedly due to the negligence, recklessness, or willful misconduct of any Design
Professional.
12. Insurance. Contractor shall procure and maintain insurance during the term of
this Agreement in the amounts and under the terms set forth in Exhibit "B" against claims
that may arise from or in connection with this Agreement and performance of the Services.
Upon reasonable written notice, Contractor shall comply with any changes in the amounts
and terms of insurance as may be required from time -to -time by City's Risk Manager.
13. Acceptance of Finai Pa men#. Contractor's acceptance of final payment will
release City from any and all claims and liabilities for compensation under this Agreement.
14. Acceptance of Work. City's acceptance of, or payment to Contractor for, the
Services does not release Contractor from its responsibility for the accuracy,
completeness, or competency of the Services, nor do the actions constitute an
assumption of Contractor's responsibility or liability by City for any defect or error in the
Services.
15. Conflict of Interest. Contractor represents that no City employee or official has a
financial interest in Contractor. Contractor shall not offer, encourage, or accept any
financial interest in any part of Contractor's business by or from a City employee or official
during the term of this Agreement or as a result of being awarded this Agreement. If any
of the Services are paid by reimbursement from an agreement between City and a private
party, Contractor represents that it has not performed any work for that private party
during the 1 2-month period prior to the execution of this Agreement, and that it shall not
negotiate, offer or accept any contract for services from that party during the term of this
Agreement.
16. Economic Disclosure. Contractor shall comply with City's local conflict of interest
code and the Political Reform Act, and prepare and file an economic disclosure statement
if the Services involve making, or participation in making, decisions which may have a
material effect on the Contractors' financial interest. While it is Contractor's sole
responsibility to evaluate its conflicts of interest, the Contractor nevertheless agrees to
prepare and file an economic disclosure statement if requested by City.
17. Non -Exclusive Agreement. This is a non-exclusive agreement. City reserves
the right to provide, and to retain other Contractors to provide, services that are the same
or similar to the Services described in this Agreement.
18. No Assignment. Contractor shall not assign or subcontract any of the Services
without Gity's prior written consent. For the purposes of this section, a change of fifty -
percent or more in the ownership or control of Contractor constitutes an assignment.
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19. Remedies. All remedies permitted or available under this Agreement, or at law
or in equity, are cumulative and alternative, and the invocation of a right or remedy will
not be construed to waive or elect a remedy with respect to any other available right or
remedy. As a condition precedent to commencing legal action involving a claim or dispute
against City arising from this Agreement, the Contractor must present a written claim to
City in accordance with Chapter 3.42 of the Livermore Municipal Code.
20. Construction of Language. The terms and conditions in this Agreement have
been arrived at through negotiation and each party had a full and fair opportunity to review
and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not
be resolved against either party as the drafting party. In the event of an inconsistency or
conflict between the language in the body of the Agreement and an attachment hereto,
the language in the body of the Agreement controls.
21. Entire Agreement; Modification. This Agreement supersedes all other
agreements, whether oral or written, between the parties with respect to the Services.
Any modification to this Agreement must be in writing and signed by both parties. In the
event the original of this Agreement is lost or destroyed, an archival copy maintained by
City can be used in place of the original for all purposes with the same effect as if it was
the original.
22. Notice. Notices under this Agreement must be delivered to the addresses below
by deposit in the United States mail or by overnight delivery service, with postage prepaid
and delivery confirmation:
TO CITY: Attention: Jimmie Truesdell
City of Livermore
101 W. Jack London Blvd.
Livermore, California 94551
TO CONTRACTOR: Attention: Boyd Stanley
Polydyne Inc.
One Chemical Plant Road
Riceboro, GA 31323
23. Waiver. Failure to insist upon the strict performance of any term or conditions in
this Agreement, no matter how long the failure continues, is not a waiver of the term or
condition and does not bar the right to subsequently demand strict performance. To be
effective, a waiver must be in writing and signed by the non -breaching party.
24. Severabiiit . If a court of competent jurisdiction determines a provision in this
Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force and effect without being impaired in any way.
25. Counterparts. This Agreement may be executed in counterpart by delivering a
facsimile or secure electronic copy of the signed agreement to the other party, followed
by delivery of the original documents bearing the original signatures. However, failure to
deliver the original documents does not affect the enforceability of this Agreement.
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In concurrence and witness whereof, and in recognition of the mutual consideration
provided therefore, the parties have executed this Agreement, effective on the date first
written above.
CONT CTOR: Dated:
4/17/19
Boy tanley -
Title: Vice -President
CITY OF LIVER OR Dated:
arc Robe
City Mana er
rPOV T ORM:
nt/City Atto ey
Attachments:
Exhibit A — Scope of Work
Exhibit B — Insurance Requirements
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EXHIBIT A
SCOPE OF WORK
SCOPE
CONTRACTOR shall provide all necessary labor, equipment, vehicles, supplies, and
materials to provide the following service:
1. Supply and deliver CLARIFLOC WE-1196 dewatering polymer to the Livermore
Water Reclamation Plant (WRP) located at 101 West Jack London Boulevard in
Livermore, California.
TERMS AND CONDITIONS
1. CONTRACTOR shall deliver polymer to the WRP within 14 days of order.
2. CONTRACTOR shall provide email confirmation to CITY whenever an order has
been received.
3. CONTRACTOR or representative must notify CITY staff upon reaching the WRP
so that CITY staff may verify the product being delivered.
4. CONTRACTOR or representative shall connect the delivery truck to the WRP
tank and safely discharge polymer in to the WRP tank.
5. CONTRACTOR or representative shall clean any spillage of polymer generated
during the filling process.
6. CONTRACTOR or representative shall provide a weight tag to CITY for each
delivery.
COMPENSATION
1. CITY shall compensate CONTRACTOR at the rate of $1.22 per wet pound.
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EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products, and
completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury,
personal injury, and property damage. If Commercial General Liability or
other form of insurance with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this projectilocation or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability:
Statutory limits as required by the State of California including $2,000,000
Employers' Liability per accident, per employee for bodily injury or
disease. A waiver of subrogation is required for Workers' Compensation
insurance. If Consultant/Contractor is a sole proprietor, then they must
sign "Contractor Release of Liability".
4. Pollution Liability:
$2,000,000 per occurrence.
Deductibles and Self -Insured Retention
All self -insured retentions (SIR) must be disclosed to Risk Management for approval
and shall not reduce the limits of liability. Policies containing any self -insured retention
(SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied
by either the named insured or the City of Livermore. The City of Livermore reserves the
right to obtain a full certified copy of any insurance policy and endorsements. Failure to
exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable
to the City of Livermore.
other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated
volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of the
Consultant/Contractor; or automobiles owned, leased, hired or borrowed
by the Consultant/Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City of Livermore, its
officers, officials, employees, or volunteers.
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2. The limits of insurance required in this agreement may be satisfied by a
combination of primary and umbrella or excess insurance. The additional
insured coverage under the Consultant's/Contractor's policy shall be
primary and non-contributory and will not seek contribution from the City's
insurance or self-insurance and shall be at least as broad as ISO Form
CG 20 10 04 13. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of the City of Livermore
before the City's own insurance or self-insurance shall be called upon to
protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy,
including breaches of warranties, shall not affect coverage provided to the
City of Livermore, its officers, officials, employees, or volunteers.
4. The Consultant's/Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled by either party before expiration of the
policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available
insurance proceeds broader than, or in excess of, the specified minimum
insurance coverage requirements andlor limits shall be available to the
additional insured. Furthermore, the requirements for coverage and limits
shall be (1) the minimum coverage and limits specified in this agreement;
or (2) the broader coverage and maximum limits of coverage of any
insurance policy or proceeds available to the named Insured; whichever is
greater.
7. Certificate Holder section of the insurance certificate should read: City of
Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550
Verification of Covera e
Con sultant/Contractor shall furnish certificates of insurance and endorsement(s)
effecting coverage to the City of Livermore for approval. The endorsements shall be on
forms acceptable to the City of Livermore. All certificates and endorsements are to be
received and approved by the City of Livermore before work commences. The City of
Livermore reserves the right to require complete and certified copies of all insurance
policies required by this Agreement.
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CITY OF LIVERMORE
REQUEST FOR BID #4214
FOR: LIQUID CATIONIC POLYMER
NOTICE TO BIDDERS
Notice is hereby given that the City of Livermore invites sealed bids for LIQUID CATIONIC
POLYMER. Each bid shall be in accordance with the conditions and specifications on file in
the office of the Purchasing Specialist, 1052 South Livermore Avenue, Livermore,
California 94550, copies of said conditions and specifications may be obtained at:
www..publicpurGhase.com website ❑r
https://www.publicpurchase.com/gems/livermore,ca/buyer/public/home at no charge.
Vendors must register to be a vendor under the City of Livermore.
Each bid shall be in accordance with the conditions and specifications on file in the office of the
Purchasing Assistant, 1052 South Livermore Avenue, Livermore, California 94550, where
copies of said conditions and specifications may be inspected or obtained at no charge. All bids
must be on the form provided, enclosed in a sealed envelope and clearly identified with bid title,
name of bidder and date of bid opening to preclude premature opening of bid.
Sealed bids shall be delivered to: Leslie Young, Purchasing Specialist at the above indicated
address on or before 2:00 P.M. FRIDAY APRIL 12 2019. NO LATE BIDS WILL BE
ACCEPTED.
The City of Livermore reserves the right to award or reject bids in part or in whole and on any basis
it deems in the best interest of the City. The City's bidding preference is based on "Best Value" not
"Lowest Bidder" for the best interest of the City.
Reference is hereby made to said specifications for further details which specifications, general
conditions, and this "Notice to Bidders" shall be considered part of any contract made pursuant
thereto.
PUBLISHED: MARCH 29, 2019
CLOSING: APRIL 12, 2019
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CITY OF LIVERMORE
BID NO.42'14
FOR: LIQUID CATIONIC POLYMER
LATIW! A L I F p R N I A
City of Livermore
1052 S. Livermore Ave.
Livermore, CA 94550
REQUEST FOR BID #4214
FOR: LIQUID CATIONIC POLYMER
PUBLISHED: MARCH 29, 2019
CLOSES: APRIL 12, 2019
SUBMIT TO:
CITY OF LIVERMORE
LESLIE YOUNG, PURCHASING SPECIALIST
1052 S. LIVERMORE AVE.
LIVERMORE, CA 94550
ON OR BEFORE: APRIL 12T", 2019 AT 2PM
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CITY OF LIVERMORE
BID NO.4214
FOR: LIQUID CATIONIC POLYMER
GENERAL TERMS & CONDITIONS
1. Notice is hereby given that the City of Livermore, Alameda County, California, will receive
sealed bids for LIQUID CATIONIC POLYMER.
2. Each bid shall be in accordance with specifications and sample agreement on file in
the office of the Purchasing Specialist, City of Livermore, 1052 S. Livermore Avenue,
Livermore, California 94550, copies of said conditions and specifications may be
obtained at: vwvw. Publicpurchase.com website or
hft s://www ublic blic
urchase.coml ems/livermore calbu erl ulhom at no charge.
Vendors must register to be a vendor under the City of Livermore and to receive all
addendums.
3. Each Bid shall be sealed and filed with the said Purchasing Specialist at 1052 S.
Livermore Avenue, Livermore, CA 94550 prior to 2:00 PM, FRIDAY, April 12, 2019. It
is the bidder's responsibility to ensure that bids are received prior to the 2:00 PM bid
closing time. LATE SIDS WILL NOT BE ACCEPTEDI
4. Each bid must be accompanied by a complete copy of these specifications, the proposed
agreement, and the DIR Acknowledgement Form. All blanks in specifications must be filled in
or bid will be considered unresponsive. Please submit a total TWO 2 sets — one 1 siyned
on 'pal and one 1 copy, marls on upper right Land corner of coversheet.
5. All prices must be typed or written in ink. Bids written in pencil will not be accepted.
Mistakes may be crossed out and corrections inserted adjacent, but the correction must be
initialed in ink by the person signing the proposal.
6. Any claim of error by a bidder must be made before the time of the bid opening, otherwise it
shall be deemed waived.
7. Any deviation from the attached specifications or substitution of services or materials. must be
clearly indicated. Complete detailed specifications must accompany any substitutions so
specified.
8. The City reserves the right to reject any and all bids on any basis deemed to be in the best
interest of the City. Any changes, omissions, or variations in specifications or conditions of
bidding may be considered cause of rejection.
9. No bidder may withdraw his or her bid for a period of sixty (60) days after the date set for the
opening thereof.
10. The bidder, by submitting his bid, agrees to save, defend, keep, bear harmless, and fully
indemnify the said City and any of its officers, officials, agents, employees, or volunteers from
all damages, claims for damages, costs, or expenses, whether in taw or in equity, that may at
any time arise or be set up for an infringement of the patent rights, copyrights, or trade -marks
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CITY OF LIVERMORE
BID NO.4214
FOR: LIQUID CATIONIC POLYMER
of any person or persons in consequence of the use by said City, or by any of its officers,
officials, agents, employees, or volunteers or articles to be supplied under this bid.
11. This Bid will be awarded to the contractor whose Bid represents the Best Value
to the City of Livermore. Pursuant to Municipal Code Section 2.68.040 B. The
determination of which proposal represents the Best Value shall be based upon
but not limited to, the following considerations:
1. Cost;
2. The ability, capacity, and skill of the contractor to perform the contract or
provide the services or equipment required;
3. The ability of the contractor to provide the services or equipment promptly or
within the time specified without delay or interference;
4. The character, integrity, reputation, judgment experience, and efficiency of
the contractor;
5. The quality of the contractor's performance on previous contracts with the
City.
6. The ability of the contractor to provide future maintenance, repair, parts and
services for the use of the supplies purchased.
12. All items bid must comply with the SAE standards and meet all OSHA, State of California and
Federal Industrial Safety Orders, and regulations in effect on the date of this invitation for bid.
13. The City of Livermore will furnish exemption certificates for all federal taxes, if required.
California State, Alameda County, and City of Livermore taxes are applicable and shall be
shown separately.
14. Any questions regarding bidding procedures may be directed to the Purchasing Specialist,
Leslie Young, and 925-960-4343. Any questions regarding the scope of the bid must be
directed to the City through the online question and answer section of
www. ublic urcha ee.com.
15. Bidder's attention is directed to the following Insurance Requirements. It is highly
recommended that bidders confer with their respective insurance carriers or brokers to
determine in advance of bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent awarded bidder fails
to comply strictly with the insurance requirements, that bidder may be disqualified from
award of the Bid and Contract.
DocuSign Envelope ID: 16EO3EOB-372A-4712-B943-EE978B7B2428
CITY OF LIVERMORE
BID NO.4013
FOR: LIQUID CATIONIC POLYMER
SPECIFICATIONS
Bids are requested for furnishing the annual requirements of the City of Livermore, Water Resources ❑ivision.
Beginning upon the date of the award of contract and ending twenty-four months after the contract award
date, for Cationic Polymer.
DELIVERY ADDRESS
City of Livermore
Water Resources Division
101 W. Jack London Blvd.
Livermore, CA 94550
DELIVERY COST
Price quoted shall include all delivery and unloading charges.
PRODUCT TESTING
Contact Kevin Kepler or Jimmie Truesdell at (925) 960-8100 to arrange for Lab and Field testing at the Water
Resources Division in accordance to the following specifications. The opportunity for vendors to conduct Lab
and Field testing will commence on April 16t 2019. with the last day to conduct Lab and Field testing to be
April 91h 2019; No request will be considered after this date. Bidders will be notified of their test results.
ONLY BIDDERS WHO SUCCESSFULLY COMPLETE THE BOTH LAB AND FIELD TESTING WILL BE
PERMITTED TO BID. SAMPLES TO BE PROVIDED AT NO COST TO THE CITY.
SPECIFICATIONSITECHNICAL INFORMATION:
PURPOSES OF POLYMER: For waste activated sludge thickening and the de -watering of anaerobically
digested domestic sludge using belt filter presses.
AVERAGE MONTHLY AMOUNT OF SOLIDS TO BE PROCESSED: 1.6 to 1.9 million gallons.
MATERIAL CODE: Liquid, Cationic Polymer, or equivalent.
ESTIMATE ANNUAL USAGE: 198,000 LBS (Wet Wt.)
Bidders shall provide the following information on the BIDDERS PROPOSAL form:
Brand name quoted
Clarifloc WE-1196
Price per pound (Wet Wt): $1.221Lb. $/LB
FOB Destination
Price to include De -scaling Agent, if required
Dosage: 62 Lbs/DT
DocuSign Envelope ID: 16E03EOB-372A-4712-B943-EE978B7B2428
CITY OF LIVERMORE
BID NO.4214
FOR: LIQUID CATIONIC POLYMER
SPECIFICATIONS
DELIVERY
The City requires delivery within fourteen (14) calendar days after receipt of order. In no case will bids be
considered that take exception to the delivery requirements.
ILLUSTRATIVE AND TECHNICAL DATA
Bidder is to submit with proposal, complete Illustrative and Technical Data on materials or equipment proposed
to be furnished. Failure to furnish such data may void bid.
ESTIMATED QUANTITIES
The quantities stated herein are estimates only of the City's requirements. Contractor agrees to furnish more or
less than the estimates in accordance with actual needs as they occur throughout the contract period at the
unit price quoted.
HAZARDOUS SUBSTANCE
This specification includes products that may contain hazardous substances shown on the list prepared by the
Director of Industrial Relations of the State of California pursuant to California Labor Code Sections 6380-
6386. Material Safety Data Sheet(s) (MSDS) prepared in compliance with Titie 8, California Code of
Regulations, Section 5194, shall accompany this bid.
If any of the ingredients of the product bid is a Carcinogen as shown on the most current list prepared by the
International Agency for Research on Cancer (IARC), bidder shall separately identify such ingredients as a
Carcinogen. Bidder is advised that the product will not be accepted unless (1) the product may be used safely
and (2) No acceptable Non -Carcinogenic Substitute is available.
The Polymer shall not create any problem with reuse options for the Bio-Solids Wet Cake nor pose any health
threats to operations personnel. Use of Polymer shall not cause excessive concentrate foaming or result in
scale formation in Polymer Distribution Lines: Addition by the vendor, of the appropriate scale inhibitor may be
required at no cost to the city.
A copy of the MSDS shall accompany each shipment of the product to a city facility.
The following information must be provided on the invoice for each delivered shipment of Neat Polymer.
1. Order date, time, and person placing order.
2. Delivery date and time.
3. Liquid pounds of Polymer delivered.
4. Total solids concentration of Polymer delivered.
5. Dry pounds of Polymer delivered.
6. Price of Polymer, based on dry pounds.
7. Total charge for Polymer delivery.
Each Polymer delivery shall be accompanied by one representative sample of the delivered batch (500ml)
which is to be given to the Duty Operator accepting the shipment. The sample shall include the name of the
vendor, polymer brand, date, batch number, and purchase order number.
DocuSign Envelope ID: 16E03EOB-372A-4712-B943-EE978B7B2428
CITY OF LIVERMORE
BID NO. 4214
FOR: LIQUID CATIONIC POLYMER
BIDDER'S PROPOSAL
The undersigned bidder declares that helshe has carefully examined the General Conditions and
Specifications and agrees to furnish the services so covered to the City of Livermore. The
undersigned further declares that this proposal is made according to the provisions and under the
terms of the "Notice to Bidders" which document is made a part of this proposal.
PURCHASING SPECIALIST
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
COOPERATIVE PURCHASING
Would you be willing to offer the Liquid Cationic Polymer to other Government Agencies at the same
bid price? (Your response to this question will in no way affect the award of this Bid and all contracts
must be issued directly from other Agencies with awarded vendor).
YES X NO
LIQUID CATIONIC POLYMER
Brand name quoted:
Price per pound (Wet wt.):
FOB Destination
Clarifloc WE-1196
$1.22/Lb. $/LB
Price to include De -scaling Agent, if required
Dosage: 62 Lbs/DT
DATE: 4/9/19
BY: Boyd Stanley, Vice -President
(PLEASE SIGN) (PRINT NAME & TITLE)
COMPANY: Polydyne Inc.
ADDRESS: 1 Chemical Plant Road, Riceboro, GA 31323
PHONE: 912-880-2035 E-MAIL:
PolyBidt)pt@snfhc.com
ALL BLANKS IN SPECIFICATIONS MUST BE FILLED IN OR BID WILL BE CONSIDERED
UNRESPONSIVE. EACH BID MUST BE ACCOMPANIED BY A COMPLETE COPY OF THESE
SPECIFICATIONS, INCLUDING ANY ADDENDA ISSUED (IF ANY).
DocuSign Envelope ID:16E03EOB-372A-4712-B943-EE978B7B2428
CITY OF LIVERMORE
BID NO. 4214
FOR: LIQUID CATIONIC POLYMER
DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE CERTIFICATION
Senate Bill 854
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or
after March 1, 2015) unless registered with the Department of industrial Relations pursuant to Labor Code
section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)].
• No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded
on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
In accordance with California Labor Code as amended through Senate Bill SB 854, prior to commencement of
the Contract, all Contractors are required to register, and maintain active registration throughout the duration of
the contract with the California Department of Industrial Relations (DIR). For information regarding registration,
please go to: http://www.dir.ca.gov/
I, the Bidder, certify that:
"I am aware of the provisions of Senate Bill SB 854 and subsequent DIR regulations, which
require ContractorsfVendors to comply with all labor compliance requirements including but not
limited to prevailing wage requirements, Labor Code sections 1725.5, 1771.1(a), 1774-1776,
1777.5, 1813, 1815, Public Works Contractor Registration Program, Electronic Certified Payroll
Records to Labor Commissioner, and other requirements described in the DIR website. I will
comply with, such provisions before commencing the performance of the work of this contract,
in of said contract."
Boyd Stanley
Print Name
Vice -President
Title
4/9/19
ate
Polydyne Inc.
Business Name
N/A, Polydyne is an out of state vendor
CSLB License Number
N/A, Polydyne is an out of state vendor
DIR Registration Number
DocuSign Envelope ID: 16E03EOB-372A-4712-B943-EE978B7B2428
CITY OF LIVERMORE
BID NO.4214
FOR: LIQUID CATIONIC POLYMER
ACKNOWLEDGEMENT FORM
Bidder's acknowledgement and submittal of acceptance of the City of Livermore's terms and conditions of Bid
#4214:
Date 4/9119
Company Name:
Address:
Phone Number:
UII:ALT:
E-mail Address:
Authorized
Polydyne Inc.
One Chemical Plant Road
Riceboro, GA 31323
912-880-2035 Fax:
800-848-7659
PolyBidDpt@snfhc.com
Print Name of Bidder:
Boyd Stanley, Vice -President
912-880-2078
*** Bid responses must be received either by mail or hand delivered to-,
City of Livermore Attn: Leslie Young, 1052 S. Livermore Ave. Livermore CA 94550
By 2PM, Friday, April 12'n. 2019. **`*
8