HomeMy WebLinkAboutAgenda Report - March 21, 2018 C-10CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Solenis, LLC, of Wilmington, Delaware, for Purchase of Biosolids
Dewatering Polymer ($560,736)
MEETING DATE: March 21, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
Adopt resolution authorizing City Manager to execute Professional
Services Agreement with Solenis, LLC, of Wilmington, Delaware,
for purchase of biosolids dewatering polymer, in the amount of
$560,736.
BACKGROUND INFORMATION: The basic process of wastewater treatment is to separate the solids
from the liquid waste stream, then treat those components to State
standards. The solids component of the wastewater must be
dewatered using mechanical and chemical methods in order to be manageable for disposal.
Adding polymer to wastewater creates a reaction that assists in separating solids from water. Since
wastewater composition and the process equipment are unique to each treatment facility, it is common
for solids dewatering performance to vary with different polymers. Since each vendor manufactures
polymer using a proprietary chemical formula, it is common for agencies to use a performance-based bid
process, including full-scale product testing to verify polymer dosage performance and cost for each
product.
After evaluating product testing from two polymer suppliers, Staff recommends authorizing City Manager
to execute a three-year Professional Services Agreement with Solenis, LLC, of Wilmington, Delaware, for
purchase of biosolids dewatering polymer, in the amount of $560,736.
FISCAL IMPACT:
FUNDING AVAILABLE:
Utilizing a polymer that maximizes system performance will minimize
dewatering operating costs. This project will not impact the General Fund.
Funding for the purchase is budgeted in Fiscal Year 2018/19 Wastewater
Operations (53053003.72352).
CIAGA )69/2
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lance Roberts, Utilities Manager
CES/LR/trb
Attachment
APPROVED:
r Stephen Schwabauer, City Manager
R:\GROUPWDMIN\Council\2018\03212018\Solenis\CC Salenis.doc
3/8/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2018, by and
between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and SOLENIS,
LLC., a Delaware limited liability company, qualified to do business in California
(hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for dewatering
polymer at White Slough Water Pollution Control Facility (hereinafter "Project") as set
forth in the Scope of Services attached here as Exhibit A. CONTRACTOR
acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
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remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on April 1, 2018 and terminates upon
the completion of the Scope of Services or on March 31, 2021, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
(2) one (1)-year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
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exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed five (5) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
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inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
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Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY:
To CONTRACTOR:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Lance Roberts
Solenis, LLC.
3 Beaver Valley Road, Suite 500
Wilmington, DE 19803
Attn: Suzanne B. Brown
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
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Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
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fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
CITY OF LODI, a municipal corporation
JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER
City Clerk City Manager
APPROVED AS TO FORM: SOLENIS, LLC., a Delaware limited liability
company, qualified to do business in California
JANICE D. MAGDICH, City Attorney
By: / By:
Name:
Title:
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 53053003.72352
(Business Unit & Account No.)
Doc ID: R:\GROUP\ADMIN\Council\2018\03212018\Award Polymer\PSA
CA:Rev.01.2015
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Exhibit A
CITY OF LODI
SPECIFICATIONS FOR
DEWATERING POLYMER
Amended
March 2018 THROUGH February 2021
LODI, CALIFORNIA
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
Specifications for Dewatering Polymer
PAGE 1
Sealed proposals marked "Bid on Dewatering Polymer" will be received by the
Purchasing Agent or his designee, Lodi City Hall Annex, Post Office Box 3006,
310 West Elm Street, Lodi, CA, 95241-1910, until 11:00 a.m., Wednesday, June
?27, 2012, and publicly opened and read at the Public Works Department
Conference Room.
1-0 AWARD
Upon conclusion of the bid process, a contract may be awarded for the
Purchase of dewatering polymer for the period of March 2018-Februry 2021
with an option to extendfor the City of Lodi.
2-0 SPECIAL PROVISIONS
2-1 INSTRUCTIONS TO BIDDERS
The City of Lodi hereby invites quotations for furnishing their requirements of
Dewatering Polymer in the application for a Prime Solutions Rotary Fan Press
Skid System, Model RFP48D-SKEas needed for the period of March 1, 2018
through February 28, 2021. This will be a three (3) year contract with option
to execute up to two one-year extensions.
See the following bidding schedules.
The quotations are to be for material delivered to the City White Slough
Wastewater Treatment Plant, 12751 N. Thornton Road, Lodi, CA 95242.
Bids are required for the entire work.
A. Proposal Form - All proposals must be made on the forms provided with
this set of specifications. Bids not presented in this form shall be
disregarded. All proposals must be signed by the Bidder. If the bidder is
a corporation, the corporation's seal must be used.
The bidder shall set forth for each unit basis item of work a unit price and
a total for the item, and for each lump sum item a total for the item, all in
clearly legible figures in the respective spaces provided for that purpose.
In the case of unit basis items, the amount set forth under the "Total Price"
column shall be the product of the unit price bid and the estimated quantity
for the item.
In case of discrepancy between the unit price and the total set forth for a
unit basis item, the unit price shall prevail, except as provided in a) or b),
as follows:
01/2E112018
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
PAGE 2
a) If the amount set forth as a unit price is unreadable or otherwise
unclear, or is omitted, or is the same as the amount of the entry in the item
total column, then the amount set forth in the "Total Price" column for the
item shall prevail and shall be divided by the estimated quantity for the
item and the price thus obtained shall be the unit price;
b) (Decimal Errors) If the product of the entered unit price and the
estimated quantity is exactly off by a factor of ten, one hundred, etc., or
one-tenth, or one-hundredth, etc. from the entered total, the discrepancy
will be resolved by using the entered unit price or item total, whichever
most closely approximates percentagewise the unit price or total price in
the Engineer's Estimate prepared by the City.
Each proposal shall include all addenda or clarifications issued during the
bidding period acknowledged by the bidder's signature thereon. Failure to
so include or acknowledge an addendum or clarification may result in the
proposal being rejected as not responsive.
Bidder's Guarantee - All bids shall be presented under sealed cover and
shall be accompanied by cash, cashier's check, certified check, or bidder's
bond made payable to the City of Lodi for an amount equal to at least 10%
of the amount of said bid and no bid shall be considered unless such
cash, cashier's check, certified check, or bidder's bond is enclosed.
All bidder's guarantees will be returned to the respective bidders after the
contract has been awarded except for those bid guarantees of bidders
who may be given further consideration if the low bidder does not elect to
execute the contract. After the award, if the contractor awarded the bid
does not execute the contract, the bidder's guarantee will be forfeited. All
bidder guarantees of unsuccessful bidders will be returned upon receiving
the executed contract.
2-2 AWARD OF CONTRACT
The award of the contract, if it be awarded, will be to the lowest responsible
bidder whose bid proposal complies with all the requirements described. Award
will be made to one bidder. The City reserves the right to accept or reject any bid
offered.
In case of tie bids, the tie will be broken by a coin toss, conducted by the City
Purchasing Officer. Tie bidders will be notified and may be present.
"Lowest responsible bidder" refers to not only the attribute of trustworthiness,
service provided to City staff, but also to the quality, fitness, and capacity of the
low monetary bidder to satisfactorily perform the proposed work. If the Council
determines to award a contract to other than the lowest monetary bidder, the City
shall:
1. Notify the lowest monetary bidder;
01/26/2016
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
PAGE 3
2. Give the lowest monetary bidder an opportunity to know the reason
why he/she is not considered the lowest responsible bidder;
3. Give the lowest monetary bidder an opportunity to ask for a pre-
award hearing before the City Council.
Where alternate bids are received, the City Council reserves the right to select
the bid most advantageous to the City. The award, if made, will be made within
sixty (60) days after the opening of the bids
2-3 DEWATERING POLYMER BID TEST PROCEDURES AND
SPECIFICATIONS
2-3.01 GENERAL
There will be three segments to this trial:
Segment #1: Jar testing, 3 hours
Segment}#2: rotary press,, trial, 8 -hr
egr en -r te le -i -e4 y-iare,s t ial week
2-3.02 MANDATORY PRE-BID MEETING
Wednesday January 3, 2018, 9:00 am. All bidders must attend. Non-attendance
disqualifies participation in the trial.
2-3.03 PRE -QUALIFICATION TESTING. POLYMER BENCH TEST
Segment #1: Jar Testing, week of Janaury 9-11, 2018
Prior to pre -qualification testing, the Vendor must provide to the City the Safety
Data Sheet and Product Bulletin for each proposed emulsion polymer. The
Product Bulletin shall include the total solids and viscosity of the material. The
vendor will be required to provide one (1) sample of the selected product for the
City.
Polymers supplied shall be clean and free of foreign substances. Vendors must
provide a certificate of analysis for each delivery of product.
The polymer bench test will be conducted the week of Janaury 9, 2018. Bidders
are to contact Ken Capitanich , 209-333-6749, to schedule a test session. There
will be a maximum of two (2) test sessions scheduled per day, Tuesday through
Thursday. The morning session will begin 8:00 A.M. and end at 11:00 A.M. The
second session will begin at 1:00 P.M, and end at 4:00 P.M.
No jar test samples will be allowed to be drawn prior to Bidder's scheduled day of
polymer bench test. Bidders will be allotted a three (3) hour block of time to
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SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
PAGE 4
complete all jar work and testing.
Bidders are expected to attend their scheduled session, and be completely
prepared to begin and end at their scheduled time. Test session(s) may be
suspended, at City discretion, if Bidders are not prepared to start on time, or are
exceeding their time allowed.
A test session will only be rescheduled if either the bidder or the City is prevented
by "force majeure". As used in this context "force majeure" means fire, explosion,
action of the elements, interruption of public transportation, unusually severe
weather conditions, or any cause, which is beyond the control of the party
affected, and which, by exercise of reasonable diligence, could not have been
prevented.
Vendor to supply all necessary equipment to make down their polymer solutions
and perform mixing of polymer/sludge mixture.
Procedure:
The City shall provide the Vendor with feed solids. The City makes no guarantee
as to feed solids, "sludge", content or consistency during any phase of sampling
or testing.
Based on the bidder's bench test results, the City will either reject the product or
pre -qualify the Bidders selected emulsion polymer(s) for the full-scale rotary
press trial phase. The City's decision shall be final.
2-3.03 8 -hr TRIAL ON ROTARY FAN PRESS
Segment #2 rotary press trial, 8 -hr
To be conducted the week of January 15, 2018
Each successful bidder will be allowed to full-scale trial one (1) pre -qualified
product. If Bidders have more than one product pre -qualified, they must make the
decision as to which product they will submit for the full scale test. Bidders will be
allowed a maximum of eight (8) hours to complete testing. The bidder shall
provide emulsion polymer identical to the product pre -qualified from the bench
test.
The neat emulsion polymer delivered by the bidder must not contain solidified
masses of polymer and must be made into solution when mixed by means of the
rotary press polymer solution mixing pump. Polymer not meeting this
specification can cause clogging in the City's polymer feed system and will
automatically be rejected by the City. The trial polymer will be batched to a
concentration selected by the bidder. Mixed polymer will be fed to one rotary
press dewatering machine.
The bidder shall provide an optimum polymer dose rate. Sludge flow rate must
be a minimum of 50 (± 5) gpm and other variables will be kept constant while the
01/26/2018
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
PAGE 5
polymer dose rate is varied. Steady conditions will be achieved and samples will
be collected to analyze feed solids, cake solids, and filtrate.
The City shall provide a dedicated experienced operator to monitor, record,
sample and control the operation of the rotary Fan Press for the entire eight (8)
trial.
Procedure:
1. The Vendor shall submit the product for trial. The Vendor must deliver
enough polymer for the maximum of eight (8) hours testing. Polymer will
can be fed from five (5) gallon. containers that are weighed on a digital
scale and the weight recorded to calculate the actual polymer dosage.
2. Immediately before the trial begins, the totalizer readings and the tank
level for the sludge to be dewatered will be recorded.
3. Vendor is allowed one (1) hour to stabilize performance before the trial
begins. The eight hr trial will include the one hour set-up time. The trial
sludge feed rate will be a minimum of 60 or more per minute of digested
sludge from the sludge lagoon. The polymer will be adjusted accordingly
to produce the best overall performance at the above sludge feed rate.
CITY of LODI personnel will witness and document all necessary
adjustments.
4. Thirty minutes after the trial starts, three (3) samples will be taken by
City Operators.
1. Feed for solids content
2. Cake for solids content
3. Filtrate for solids content
5. Thereafter, the City will collect three (3) sets of samples every thirty (30)
minutes, on feed, cake, and filtrate, for the remainder of the trial.
Vendors must make every effort to ensure that testing stays within their
scheduled session. If the Vendor is unable to complete the testing within
their scheduled session, the City may, at their discretion, either schedule
another test session or disallow any further testing of the Bidder's product.
Should some unforeseen situation occur that is the responsibility of the
City, i.e., City owned equipment failure, the City will allow the Vendor to
re -schedule a session.
6. After the trial, readings for sludge and tank level for polymer will be
annotated by the City.
7 Polymer trial information, and any discrepancies noted by either party, will
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SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
be recorded and will be made available at the trial sessions.
PAGE 6
The City Laboratory will conduct the analysis on all feed, cake, and filtrate
samples. Testing will be conducted in accordance with Standard Methods for
Examination of Water and Wastewater, 21st Edition, Method 2540G (total, fixed,
and volatile solids in solid and semi-solid samples).
Based on the test results, only the top two performing polymers will continue onto
the Full Scale rotary Press Test (see 2-3.04). The City has full discretion on this
determination.
2-3.04 FULL SCALE ROTARY PRESS TEST:
Segment #, 2: Full Scale rotary press trial, 1 week
First test will begin week of January 2 3, 2018
Segment #3 — Full Scale 1 week Operational trial
Using the information gathered from the 2-3.03 Polymer Evaluation Formula; the
two (2) bidders with the lowest average filtrate solids, highest average cake
solids, and highest average % solids capture will be selected to validate their
product in a one -f -l} week 8 hr Operational trial. Each finalist will submit enough
of their product 4--(ane)--tate-(2-7,0-ga-lkaa) for the City to operate the Rotary Fan
Press during a designated 1.-•weEk---tinge 8 hr frame. This one—week 8 hr
evaluation will compare with the jar test trial demonstration consisting of
1) polymer dosage;
2) sludge feed (minimum 50 ( 5)gpm);
3) solids capture;
4) filtrate solids;
5) cake solids; and
6) operator time spent adjusting dosage, operator time spent cleaning
rotary fan press as a result of solids washout.
The polymer dosage rate, as determined during the polymer trials, will be applied
to the estimated quantity of sludge to be dewatered during the contract period.
An annual emulsion polymer consumption amount required to de -water the City's
sludge shall be calculated for each product.
Bidders shall utilize the data provided to them by the City, to assist them in
completing their bid proposal.
The trial polymer must achieve the minimum performance as previously specified
to qualify for bidding.
01/26/2018
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
successful bidder.
PAGE 8
2-5 TERMINATION OF CONTRACT
The City reserves the right to terminate the contract for any reason at the City's
sole descretion.
2-6 CONTRACT EXTENSION
By mutual agreement, the City and Contractor may enter into an agreement for
an extension of this contract.
2-7 SUCCESSORS AND ASSIGNS
City of Lodi and supplier each bond themselves, their partners, successors,
assigns, and legal representatives to this agreement without the written consent
of the others. Suppliers shall not assign or transfer any interest in this agreement
without the prior written consent of the City. Consent to any such transfer shall
be at the sole discretion of the City of Lodi.
2-8 INSURANCE CERTIFICATE
A. Insurance Requirements for Contractor The Contractor shall take out and
maintain during the life of this contract, insurance coverage as listed
below. These insurance policies shall protect the Contractor and any
subcontractor performing work covered by this contract from claims for
damages for personal injury, including accidental death, as well as from
claims for property damages, which may arise from Contractor's
operations under this contract, whether such operations be by Contractor
or by any subcontractor or by anyone directly or indirectly employed by
either of them, and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Each Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
NOTE: Contractor agrees and stipulates that any insurance coverage
provided to the City of Lodi shall provide for a claims period following
termination of coverage which is at least consistent with the claims period
or statutes of limitations found in the California Tort Claims Act (California
Government Code Section 810 et seq.).
01/26/2018
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
PAGE 9
A copy of the certificate of insurance with the following endorsements shall
be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of
Lodi, its elected and appointed Boards, Commissions, Officers, Agents,
Employees, and Volunteers as additional named insureds.
(This endorsement shall be on a form furnished to the City and shall be
included with Contractor's policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional
Insureds shall apply as primary insurance. Any other insurance
maintained by the City of Lodi or its officers and employees shall be
excess only and not contributing with the insurance afforded by this
endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion
herein of more than one insured shall not operate to increase the limit of
the company's liability
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the
company without 30 days' prior written notice of such cancellation or
reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St.,
Lodi, CA 95240.
Compensation Insurance The Contractor shall take out and maintain
during the life of this contract, Worker's Compensation Insurance for all of
Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to
provide Worker's Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the
Contractor. In case any class of employees engaged in hazardous work
under this contract at the site of the project is not protected under the
Worker's Compensation Statute, the Contractor shall provide and shall
cause each subcontractor to provide insurance for the protection of said
employees. This policy may not be canceled nor the coverage reduced by
the company without 30 days' prior written notice of such cancellation or
reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St.,
Lodi, CA 95240. A Waiver of Subrogation against the City is required.
NOTE: No Contract agreement will be signed nor will any work begin on a
project until proper insurance certificate is received by the City.
01/26/2018
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
PAGE 10
40(evv 'I s
BID PROPOSAL -DEWATERING POLYMER
CITY OF LODI, CALIFORNIA
2012/2013
ITEM 1. DEWATERING POLYMER
Polymer dosing cost factor:
(1000 DT/yr)*(X)*(P)
Delivery
TOTAL POLYMER COST
_ $ 1.24
$ 0.16 / Ib
DOSAGE HAS NOT BEEN
$ 1.40 / Ib. pROV1DED
Where: X = Polymer Dosage, lbs. per dry ton
P = Polymer Price per Bid $/LB
Lead time for Delivery of Polymer:
PLEASE NOTE:
10 days ARO
Liohixteti.1 )00°,34-0.
The polymer dosage has not been provided by the plant as of 4:30 p.m. EST so we are submitting
our price per pound.
01/26/2018
SPECIFICATIONS
DEWATERING POLYMER
Calendar Years 2018-2021
PAGE 11
i)E=r'l n. RATION OF BIDDER
SIG N declares that the specifications in the attached Notice Inviting Bids and
HERE )r,;iI have been examined and submits the above schedule of prices as
, bid. All representations made herein are true and are made under penalty of
•
... i3 -S :7MMENTS:
•
•LUi' IaCtor'
Abaku
Authorizda Signature
Pricing Director
Title
Limited Liability Company
TYPE OF ORGANIZATION
Individual, Partnership, or Corporation
3 Beaver Valley Road, Suite 500
Address
2018
Date: January 30, , 294; •
Wilmington, DE 19803 ( 302 502-0830
CITY OF LODI,
A Municipal Corporation
D. Stephen Schwabauer
City Manager
Attest:
Jennifer M. Ferraiolo
City Clerk
Approved as to Form:
Jancie D. Magditch
City Attorney
01/28/2018
Telephone
Suzanne B. Brown
Business Support Analyst
CUSTOMER:
DESCRIPTION:
DUE DATE:
VENDOR INFORMATION
City of Lodi
Dewatering Polymer Calendar Years 2018 - 2021
February 14, 2018 by 11:00 am
Solenis LLC
Emergency Phone (24 hours/7 days a week) 1-844-SOLENIS
Fed ID # 46-56-12095
DUNS# 07-943-6434
ADMINISTRATIVE ADDRESS PLANT ADDRESS
Solenis LLC
3 Beaver Valley Road, Suite 500
Wilmington, DE 19803
BID & CONTRACT CONTACT
Suzanne B. Brown
3 Beaver Valley Road, Suite 500
Wilmington, DE 19803
Phone: 302-502-0830
Bidders@solenis.com
sbbrown@solenis.com
TECHNICAL REPRESENTATIVE
MARK WELLS
Authorized Agent
Phone: 707-479-2894
weI Ispolypro@comcast. net
Solenis LLC
2401 Doyle Street
Greensboro, NC 27406
0 sOLGnIs_
Strong bonds. Trusted solutions.
solenis.com
REMIT ADDRESS
Solenis LLC
PO Box 116232
Atlanta, GA 30368
ORDERING & CUSTOMER SERVICE REPRESENTATIVE
TIFFINY SQUIRE
Customer Service Representative
Phone: 866-869-1766
Fax: 888-606-6668
IWTCustomerService@solenis.com
Solenis LLC • 3 Beaver Valley Road ■ Suite 500 • Wilmington, DE • 19803 • solenis.com
Exhibit B
. SOLCf1IS.
Strong bonds.Trusted solutions.
solenis.com
STATEMENT OF EXCEPTION
The bid proposal offered by Solenis LLC ("Solenis") for the City of Lodi- Dewatering
Polymer is subject to the exception set forth below. Due to the hyperinflationary market
we have seen recently, Solenis cannot agree to a three year fixed price. We
respectfully request that the below exception qualify the "Instructions to Bidders,
paragraph 1" and request that the preferred option selected by the City of Lodi be
incorporated into the parties' contract should Solenis be awarded the business.
We offer a one-year price with an adjustment based on United States Bureau of Labor
Statistics (BLS), Producer Price Index (PPI) — Plastic Resins and Materials. The "initial"
data from the last month of the first contract year and each subsequent contract year
will be used to calculate the price for the following contract year.
OR
We would like to offer the following pricing on a year to year basis:
Year One 100
/ Ib. A
Out) ?,1e) ti`
I I{ la � ) (011 • q— 1000
Year Two_ 1 / Ib. T
Year Three I / Ib. (I, g) aq. 9 6 toot, ,
y
01 01 614) 0
cuel
4 2_60, s/3y+2s.
Solenis LLC • 3 Beaver Valley Road • Suite 500 • Wilmington, DE • 19803 • solenis.com
kshland FLX275
2/6/2018
Inf
Filtrate
Cake
Time
845
gw-w
14.5
727
11.021
Sludge gpm
55
g -d
1.57
370.88
2.5037
Poly gph
2.2
t
1.32
369.06
1.3241
Press %
75
%
1.88
0.5085
12.165
H2O
Time
920
gw-w
14.2
132.62
4.9891
Sludge gpm
51
g -d
1.55
109.44
1.6889
Poly gph
1.75
t
1.31
109.25
1.3027
Press %
60
%
1.84
0.8399
10.476
H20
Time
950
gw-w
4.1592
Sludge gpm
51
g -d
1.6079
Poly gph
1.75
1.3081
Press
60
10.515
H2O
Time
1020
gw-w
111
4.1592
Sludge gpm
50
gw-d
64.158
1.6079
Poly gph
1.75
64.048
1.3081
Press %
60
0.2347
10.515
H2O
Time
1050
gw-w
69.314
5.3704
Sludge gpm
50
gw-d
,
40.929
1.7442
Poly gph
1.85
t
40.857
1.3207
Press %
60
%
_
0.253
10.458
H2O
Inf Filtrate Cake
Time
1125
gw-w
14
66.507
5.9348
Sludge gpm
53
Poly gph
1.85
9w -d
t
1.56
43.452
1.8623
1.32
43.332
1.3167
Press %
60
%
0.5178
11.814
H2O
Time
1150
gw-w
69.874
4.3529
Sludge gpm
51
gw-d
,
41.81
1.6452
Poly gph
1.85
t
41.615
1.3185
Press %
60
%
0.6897
10.767
H2O
Time
1330
gw-w
70.586
Sludge gpm
50
gw-d
41.322
Poly gph
1.85
41.166
Press %
60
0.5316
H2O
5.8236
1.807
1.3103
11.005 I
Time
1400T
gw-w
' 73.192
3.818
Sludge gpm
52
9w -d
,
44.39
1.6647
*
% rem
divided by
nearest
in' %
27.05252
45.69862
notes:
La,
5,Ae-r16 5
notes;
notes;
notes;
notes;
notes;
notes;
1
notes;
notes;
Poly gph
1.85
t
137
44.208
1.3051
Press %
60
%
,
0.6283
14.31
H2O
t
Time
1430
gw-w
137
33.763
9.2732
Sludge gpm
gw-d
111
1.4966
2.0402
Poly gph
t
111
1.3206
1.321
Press %
%
1.72
0.5425
9.044
H2O
Averages
Inf
Filtrate
Cake
31.53647
1.81
0.5273
11.107
notes:
0-00 U-1, gra pt1 rola dose) &D win')
C5:773 5,04)6, % lr-SF 5t.1,05).60.5
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been
awarded a contract you will receive an email from the City's online insurance program requesting you to
forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.
jnsurance Reauirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractor's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them. In the event Contractor's insurance cannot fully cover any hired subconsultants,
the terms of insurance herein shall be requirements for the subconsultant. The amount of such insurance shall be as
follows:
1 COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
2 COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form.
3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS
$1,000,000 Each Claim/Aggregate
When project specific insurance is required, all limits are to be designated strictly for the City of Lodi, its elected
and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured
retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set
forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to
provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth• above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
Insurance Requirements for Contractor (continued)
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides commercial
general liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also
apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and
volunteers as additional named insureds. An additional named insured endorsement is also required for Auto
Liability.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's commercial general liability and automobile liability policy
shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and
shall be at least as broad as ISO form CG 20 01 04 13.
NOTE: (1) The street address of the CITY Of LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95240; (2) The insurance certificate must state. on its face or as an endorsement, a
Risk: rev.1.26.2018
Page 1 1 of 2 pages
(c)
description of the project that it is insuring.
Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability.
(d) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess
insurance. Any umbrella or excess insurance of Contractor 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 before the
City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(e) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operate to increase the limit of the company's liability under the Contractors commercial general liability and
automobile liability policies.
(f) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
(g) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall
provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance
lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain
replacement insurance.
(h) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional insured on insurance required from
subcontractors
(i)
Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage,
the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the
premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify
Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s)
of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day
of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor
fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of
insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall
immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of
its personal property from the site or facilities.
(j) Qualified Insurers
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable
to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent
list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Comoensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees A waiver of subrogation is required for workers
compensation insurance.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 21 of 2 pages Risk: rev.1 26.2018
RESOLUTION NO. 2018-41
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH SOLENIS, LLC, OF
WILMINGTON, DELAWARE, FOR PURCHASE OF BIOSOLIDS
DEWATERING POLYMER
WHEREAS, the basic process of wastewater treatment is to separate the solids from the
liquid waste stream, then treat those components to State standards by dewatering the solids
component of the wastewater using mechanical and chemical methods in order to be
manageable for disposal; and
WHEREAS, since wastewater composition and the process equipment are unique to
each treatment facility, solids dewatering performance varies with different polymers and each
vendor manufactures polymer using a proprietary chemical formula, making it common practice
for agencies to use a performance-based bid process, including full-scale product testing to
verify polymer dosage performance and cost for each product; and
WHEREAS, staff recommends authorizing the City Manager to execute a three-year
Professional Services Agreement with Solenis, LLC, of Wilmington, Delaware, for purchase of
biosolids dewatering polymer, in the amount of $560,736.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a three-year Professional Services Agreement with
Solenis, LLC, of Wilmington, Delaware, for purchase of biosolids dewatering polymer, in the
amount of $560,736.
Dated: March 21, 2018
I hereby certify that Resolution No. 2018-41 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 21, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
C_\
2018-41
NIFER
ity Clerk
4- -,Thrir\--AAD.--L4
FERRAIOLO