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HomeMy WebLinkAboutAgenda Report - July 20, 2022 C-16CITY OF 41 0 � ei Za t r CALIFORNIA AGENDA ITEM Con* COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Professional Services Agreement with Solenis, LLC., of Wilmington, Delaware, for Dewatering Polymer at White Slough Water Pollution Control Facility ($200,000) MEETING DATE: July 20, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 3 to Professional Services Agreement with Solenis, LLC, of Wilmington, Delaware, for dewatering polymer at White Slough Water Pollution Control Facility, in the amount of $200,000. BACKGROUND INFORMATION: The basic process of wastewater treatment is to separate the solids from the liquid waste stream, and 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. On March 21, 2018, Council authorized the City Manager to execute a Professional Services Agreement with Solenis, LLC, of Wilmington, Delaware, for purchase of biosolids dewatering polymer at White Slough Water Pollution Control Facility, in the amount of $560,736, for the three-year term. Amendment No. 1 extended the term and added funds in the amount of $168,000. Amendment No. 2 extended the Term to March 30, 2023. Amendment No. 3, if approved, will add $200,000, for a total agreement amount of $928,736. The additional funding request is needed to cover projected polymer usage through the end of the current contract term. Staff recommends authorizing City Manager to execute Amendment No. 3 to Professional Services Agreement with Solenis, LLC, of Wilmington, Delaware, for dewatering polymer at White Slough Water Pollution Control Facility, in the amount of $200,000, for a total agreement amount of $928,736. FISCAL IMPACT: Utilizing a polymer that maximizes system performance will minimize dewatering operating costs. This project will not impact the General Fund. FUNDING AVAILABLE: Fiscal Year 2022/23 Budget: Wastewater Operations (53053003.72352) - $200,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director C" Charles E. Swimley, Jr. Public Works Director Prepared by Ken Capitanich, Wastewater Plant Superintendent CES/KC/tw Attachment APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\pwadc02\msc$\GROUP\ADMIN\Council\2022\07202022\Solenls\CC Solenis.doc 7/6/2022 AMENDMENT NO. 3 SOLENIS, LLC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this day of July, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and SOLENIS, LLC., a Delaware limited liability corporation qualified to do business in California (hereinafter called "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on April 17, 2018, Amendment No. 1 on May 24, 2021, and Amendment No. 2 on May 9, 2022, (collectively the "Agreement"), attached hereto as Exhibits 1, 1A, and 1B, respectively, and made a part hereof; and 2. WHEREAS, CITY requested to increase the fees, within the existing fee schedule, by $200,000, for a total not to exceed amount of $928,736; and 3. WHEREAS, CONTRACTOR agrees to said amendment; and NOW, THEREFORE, the parties agree to amend the not to exceed amount under the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 3 on the date and year first above written. CITY OF LODI, a municipal corporation SOLENIS, LLC., a Delaware limited liability company Herein above called "CITY" Hereinabove called "CONTRACTOR" By: STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney JASON BURHANS Regional Pricing Director Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into onC1 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 Ccrnpletion 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 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 Teras 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 Opdoo to Extend i e:em --f A1,,roernerat 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 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 A idii-LIn 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 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 Resl2onsibiliity 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. Section 4.4 leo Personal Liabilily 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 Res ❑nsibiii 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 Msurance 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: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Lance Roberts To CONTRACTOR: Solenis, LLC. 3 Beaver Valley Road, Suite 500 Wilmington, DE 19803 Attn: Suzanne B. Brown Section 4.9 Cod et_atics�� ci= — —- CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. 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 Cc fidentia_lity 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 ApCicable Law, Jurisdiction5ev Avabilits/. arc! A tc�rne is Fecs This Agreement shall be governed by the caws 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 paity in any litigation of the dispute shall be entitled to reasonable attorney's 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 Severabifity 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 01 nership of Dacu_rnents 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 CONTRAOxTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 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. CITY OF LODI, a municipal corporation ATTEST: �..j z4� J -KIFER M. tyRRAIOLO STEPHEN SCHWA AU1~ Ci Clerk City Manager APPROVED AS TO FORM: JANICE D_ MAGDICH, City Attorney SOLENIS, U. -C., a Delaware limited liability company, (luz0fied to do business in California 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: 53053003.72362 (Business Unit & Account No.) Doc ID:R:IGROUPIADMIN1Counci112018103212018Wward PolymerlPSA CA:Rev,012015 �xhihit R PUBLIC WORKS CITY OF LODI SPECIFICATIONS FOR DEWATERING POLYMER Amended March 2018 THROUGH February 2021 LOLDI, CALIFORNIA SPECIFICATIONS PAGE 1 DEWATERING POLYMER Calendar Years 2018-2021 Specifications for Dewatering Polymer Sealed proposals marked "Bid on Dewatering Polymer" will be received by the Purchasing Agent or his designee, Lodi City Mall Annex, Post Office Sox 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 ttm City of Lodi. 2-0 SPECIAL PROVISIONS 2-1 INSTRUCTIONS TO BIDDERS The City of Lodi hereby invites quatations for furnishing their requirements of Dewaterfng 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 Plaint, 12751 N. Thornton Road, Lotti, CA 95242. Bids are required for the entire work. A. Proposal Corm - 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 iasis item, the unit price shall prevail, except as provided in a) or b), as follows: 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 clarlficatlon may result in the proposal being rejected as not responsive. B. Bidder's Guarantee - All bids shall be presented cinder 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. Ail 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 resporlsiti[e bidder whose bid proposal complies with all the requirements desrribed. Award will be made to one bidder. The City reserves the right to accept or reject any bid offered. In corse of tie bids, the tie will be broken by a coin toss, conducted by the City Purchasing Officer. Tie bidders will he 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, acid capacity of the lovv monetary bidder to sax isfactorily perform the proposed work. If the Council determines to award a contract to other than the lowest monetary bidder, the City shall: Notify the lowest monetary bidder; SPECIFICATIONS DEWATERING POLYMER Calendar Years 2018-2021 PAGE 3 Give the lowest monetary bidder an opportunity to know the reason why he/she is not considered the lowest responsible bidder, 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 DEWATERfNG POLYMER BID TEST PROCEDURES AND SPECIFICATIONS 2-3.01 GENERAL There wilt be three segments to this trial: Segment #1: Jar testing,. 3 hours Segment #2: rotary press trial, 8 -hr �agmss-t�i�+:��l�oale-r�t����e�►rt�ial;-a-weetE 2-3.02 MANDATORY PRE -80 MEETING Wednesday January 3, 2018, 9:00 am. All bidders must attend. Non-attendance disqualifies participation in the trial. 2.-3.03 PRE- iJC� ALIFICATIGN TESTING PTY ER BENCH TEST Segment#1: Jar Testing, week of Jana ury 9-11, 2018 Prior to pre -qualification testing, the Vendor must provide to the City the Safety Data Sheet and Product Bulietirl For each proposed eir!ulsion 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 maximuin of two (2) test sessions scheduled per day, Tuesday through Thursday. The morning session will begin 8;00 A.M. and encs 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) hoar block of time to 0106M011 8 SPECIFICATIONS DEWATERING POLYMER Calendar Years 2018-2021 complete all jar work and testing. PAGE 4 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 poEymer(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 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 c9in 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 t_Qal 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 i. 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 reschedule 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 SPECIFICATIONS PAGE 6 DEWATERING POLYMER Calendar Years 2018-2021 be recorded and will be made available at the trial sessions 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 #3 2: Full Scale rotary press trial, 1 week First test will begin week of January 2 & 3, 2018 Segment #3 -- Full Scale 'i ween 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 We- (.1.) -week 8 he Operational trial. Each finalist will submit enough of their product l-(�ne>rtate-¢�[�gallr�uy for the City to operate the Rotary Fan Press during a designated l---we4. --44ne 8 he frame. This as--le--w►eek 8 he 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; 5j 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 daring the polymer trials, will be applied to the estimated quantity of sludge to be dewatered during the contract periost. 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. SPECIFICATIONS DEWATERING POLYMER Calendar Years 2018-2021 successful bidder. PAGE 8 225 TERUPWATION 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 INSURANCI= CERTIFICATE A. Insurance RegLfirements 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 3uc h insurance shall be as follows: 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 (Imitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). Wi rze;an' 8 SPECIFICATIONS DEWATERING POLYMER Calendar Years 2010-2021 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 Insu{'ance 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. SPECIFICATIONS PAGE 10 DEWATERING POLYMER Calendar Years 2018-2021 BID PROPOSAL --DEWATERING POLYMER CITY OF LODI, CALIFORNIA 2012/2013 ITEM 1. DEWATERING POLYMER Polymer dosing cost factor: (1000 DT/yr)"(X)*(P) _ 1.24 Delivery - $ 0.16) lb DOSAGE HAS NOT BEEN TOTAL POLYMER COST = $ 1.4011b.pRC)V�f]FQ o� Where: X =Polymer Dosage, lbs. per dry ton ry.V P = Polymer Price per Bid $/LB = jggp L�Lo i�y 2 Lead time for Delivery of Polymer: 10 days ARO__ PLEASE NOTE: 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. SPECIFICATIONS DEWATERING POLYMER Calendar Years 2018-2021 PAGE 11 RATION OF BIDDER :it declares that the specifications in the attached Notice Inviting Bids and af have been examined and submits the above schedule of prices as ft"bld. All representations made herein are true and are made under penalty of .+s -�'L'OMMENTS 2018 .%wil clirr'� - Date: January 30. AuthortzQ Signature Pricing Director Title Limited Liability Company _ TYPE OF ORGANIZATION Individual, Partnership, or Corporadon 3 Beaver Valley Road, Suite 500 Address Wilmington, DE 13803 302 502-0830 - Telephone -- - CITE! OF LOD1, A Municipal Corporation D. Stephen Schwabauer� City Manager Attest: Jennifer M. Ferraiolo City Clerk Approved as to Form: Jancie D. Magditch City Attorney 0101312a 18 Suzanne S. Brown Business Support Analyst CUSTOMER: DESCRIPTION: DUE DATE: VENDOR INFORMATION City of Lodl Dewatering Polymer Calendar Years 2018 .2021 February 14, 2018 by 11:00 am Sol811is LLC Emergency Phone (24 hours/7 days a week) 1-844-SOLENIS Fed 0 10 46-s(i-17,095 DUNS# 07-943-6434 ADMINISTRATIVE ADDRESS SCIONS LLC 3 Seaver Malley Road, Suite, 500 UIfiimington, DE 19803 BID & CONTRACT CONTACT Suzanne B. Brown 3 Beaver Valley Road, Suite 500 INflmington, DE 19843 Phone: 302-502-0830 Biddels@salenis.mm sbbrown@solenls.cnrrt F'�r:HINICAL REPRE ENTATIVC MARK WELLS Authorized Agent Phone: 707-479-2894 wellspolypro@comcast.net PLANT AC7❑RCSS Solenis LLC 2401 Doyle Street Greensbora„ NC 274G6 O SOUMS. Strong bonds T usled solullons. solenis.com REMIT AQORESS Sotenis LLC PO Box 116232 Atlanta, GPS 30368 ORDERING & CUSTO41ER SERVICE RL--7PRESLIVry'A T I%rE TIFFINY SQUIRE Customer Service Representative Phone: 866-865-1766 Fax: 888-606-5668 IWTCustomerService@sulenis.com Soien!5 i -:-C , 3 Beaver Ya fpy Road r 5f4k'a 5t)t7, a'fllfllJnil��i�Yc�,, CE , irJ[iO3 , zo,j?r_ iv .!.-o ^ Exhibit S #Vk 1SOU21111s, SIMA9boad&Trusted30MI na 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. M-0 We would like to offer the following pricing on g ear to year basis: Year One._,_ /lb. Year Two C 1 lb_ �, 3 14 e r Year Three � I- I lb. 61) r ' SoOenis LLG • 3 Beaver'l-jlleV Road a Suite 500 9 Wilmington, DE a 19803 a solenis.com -JLoo, 54"ni 5 kshland FLX275 960 -w 4.1592 k notes; Slud e m 51 -d 1.6079 2/6/2018 1.3081 Press % sv % Inf I Filtrate I Cake " notes. Time 8451 ow -W 14.51 7271 11.021rem notes: Slude m . 55 -d 1.57 370.88 2.5037 divided by Poly h 1 2.21 t 1 1.321 369.06 1.3241 nearest Press % 1 75 % 1 1.8$ 0.5085 12.165 in' % H2O 1 27.05252 Time 920 w -w 1 14.21132.621 5lu�dc a,qprn 1 50 notes; Sludge gpm 1 51 -d 1 1.551 109A41 1.6889 1.3207 Poly h 1.75 t 1.31 109.25 1.3027 Press % 60 010 1.84 0.6399 10.476 45.E9662 "" H2O - Time 960 -w 4.1592 k notes; Slud e m 51 -d 1.6079 Foly gRh 1-751 t 1.3081 Press % sv % 10.515 H2O Cake Time 4531 w -w 14166.507 5.9348 Sludge mw -d 1 1.56 43.452 1.8623 Pof . t)h 1.85 t 1.32 43.332 1.3167 4.152 " notes. Time 1020 w -w MJ Sludge gorn 1 5Q w -d 64.158 1.5079 _Time 1400 qw_w -PWY9Ph 1 1,751 t 1 94.648 1.3081 Press % 60 - 1 0.2347 10.515 1 9�2f3 5.3704 notes., Tame1Q50 a w 69.31€ 5lu�dc a,qprn 1 50 -d I 40.923 17442 Po _ ph 1 1.85 t I j 40.857 1.3207 Press % 60 % 0253 FILED H2O Inf I Fiftrata Cake Time 4531 w -w 14166.507 5.9348 Sludge mw -d 1 1.56 43.452 1.8623 Pof . t)h 1.85 t 1.32 43.332 1.3167 Press % 60 % 0.5178 11.814 H2O -- Time 1150 -W69,874 4.3529 Stud, e qpm 51 _ inr d 41.81 1,6452 Poiy qEh 1.85 t �t1.615 1.3185 Press % 60 % 0.8897 10.767 H2O L 10.5316111.005 rotes; notes; R j �_ Time _ 1330 -w 5.8236 pates; -1.807 70.586 Sf_ udge_(jpm 50 w -d 41.322 Rol ph 1.851 t 1 141.16611.3103 Press % 60 % L 10.5316111.005 -- H2O 3.8'!8 notes: _Time 1400 qw_w 73.192 a�uie�pm 52L4 v -(J �_ .. 44.39 _ 1.66471 Poly ph 1.85 t 44.208 ?.3051 Press °!o 60 % 0.6283 14,31 H2O Time 1430 w -w 1 137all Slud e m w -d 111 Polyh t 111 Press % °!° 1.7231.53&47 H2O inP I Filtrate Cake Averages 1_1-8110.5273f 11.107IJ (1-0-D CIO notes; 0144-111046 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 small 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. 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 arlse from Contractors 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 subconaullanls. the terms of insurance herein shall be requirements for the subconsultanL The amount of such insurance shalt be as follows: GQMPRlwl•IEN$IVC GENT RAL_ I-i_IlMI-rry $1,000,000 Each Occurrence $2,000,000 General Aggregate 2.OMP -li - i AUT MOBI L BILI $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicls (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on (SO form CA 00 01 12 90, are later version, that provides Ilability coverage at least as broad as this form. PF[OFES§lONAL LIA8ILiTY 1 ERRORS ANO 0MIWONS $1,000,000 Each Claim/Aggregate When project specific insurance Is required, all limits are to bre designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles of self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the (Imits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductibia or SIR may be satisfied by either the Named Insured(s) or the Cily of Lcdi, It is required that any available insurance proceeds broader than or in excess of the spaclfred minimum insurance coverage requirements andlor limits set forth above, shall be available to Clty as an additional insured. Furthermore, the requirements for coverage and limits shall be () the minimum coverage and ilmils 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: U],SUral3ga Rauttiremo nts far Cnntracter (continued ) (a)idiffnnpl Named Insured [in[torsernw+ns Pursuant to a separate endorsement (ISD form CG 2010 0 t1$5) or a later version, that provides commercial general llabifily coverage at least as broad as this farm) Stich inSurarlee as is afforded by Itis policy shall also apply to Me City of Lodi, its elected and appointed boards, commNsions, officers, atlents, employees, and volunteers as addltinnai narnecl insureds. Art addltlonaI named insured endorsement )s also req uime for Auto Uaiaiilty (b) 1:1 OngY rod Nan-,Con(0buWJv 111suranre rrtrinrsc3mt?nj Adaiitional insurance coverage under Ilse Conlraclor's commercial genera( liability and automobile liability policy shall be "primary and non-eontributonj" and M11 not seek contribution from City's insurance or self-insurance and shall :)e at least as broad as iSO form 1G 20 0-104 13. NOTE. (1) The street address of the tc�_Q I.dMl.-must be 311m n along Uvith (a) and (b) above: 221 West Pine Street: Lodi, Galifarnia, �)67�it7; (2) The insurance certificate must state on its face or as an enduisement ra Page J i of 2 pages Risk: rev 1.20 2018 AMENDMENT NO. 1 Exhibit 1A SOLENIS, LLC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this .�1 day of May, 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and SOLENIS, LLC., a Delaware limited liability corporation (hereinafter called "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on April 17, 2018, (the "Agreement"), attached hereto as Exhibits 1; and 2. WHEREAS, CITY requested to extend the term of the Agreement to March 30, 2022; and 3. WHEREAS, CITY requested to increase the fees under the Agreement by $168,000, for a total not to exceed amount of $728,736, as set forth in Exhibit 2, attached hereto and made part of; and 4. WHEREAS, CONTRACTOR agrees to said amendments; and NOW, THEREFORE, the parties agree to amend the not to exceed amount under the Agreement as set forth above and extend the term of the Agreement to March 30, 2022. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Herein above called "CITY" Attest: J I IIFER USM R `(,ity Clerk Approved as to Form. J1[G MAGDICH City-Atto rney 4 SOLENIS, LLC., a Delaware limited liability company Hereinabove called "CONTRACTOR" // ��/ - By: -- JAS6N BURHANS Regional Pricing Director Exhibit 2 to Amendment No. 1 C/ sou2nis, Strong bonds. Trusted Wullons solenis.com March 15, 2021 City of Lodi Municipal Utilities Services ATTN: Tosha Wiman, Administrative Secretary 1331 South Ham Lane Lodi, CA 95242 Re: Professional Services Agreement Dear Ms. Wiman, We would like to request a price increase for our polymer which we supply to the City of Lodi under the agreement listed above. Our records show that our current agreement will expire on March 31, 2021. Solenis has experienced hyper -inflation with regard to our raw material costs and we have included multiple indices that support our request. We have not changed our price since 2019. Plastics Material & Resins: Mar 2019 244.0 Feb 2021 272.5 11 % inflation Petro Chemical Mfg: Mar 2019 130.6 Feb 2021 138.7 6% inflation General Freight Trucking Mar 2019 316.6 Feb 2021 331.4 4.5 % inflation Our current price is: $ 1.48 / Ib. We are requesting a price increase of 3% to: $1.52 effective April 1, 2021. Thank you for your consideration in this matter. Sincerely, Christopher Kollman Municipal Business Manager Sclenis !_LC # 2473 Pinnacle Drive + Wiimington, DE b 19803 - svlenis.corn Cdr appp r M1 N O CO M1 W 'V' sY V tM1O PN7 t) a�l A g QN N N N N N N N N N WOOp O N OR q ttq N ON N� N N N N N N N z DO O O O OOjj ('7 �Myy O N S 0 C'4 N N N N N N O QI (O fO �fOO f0 �pM1 O RD 1� poiJCM�N N N� N N N N (D cad� 'd' lO M CO dN N QN N N N N N N N N N Q GQ LQ O M1 r M1 cM CO a V O N 16 ml O cI 3 N O N N N N N N N N tq g O q O O O q CO o r r o ►: t i - 0 N 06 3 N N N N N N N N N �1 8� Ln to La ti co r Q N N N N NNC6 N N N N N N N C Cn O w LO CL N N N N N R N N N N � P? 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N f0 O 4 C1 ch N IT r 't 7 ml m g o r Ol f- pp o o N N N N N N N M <rS M d V- r V N f- M O M r M 711N N N N N N N M (rM N `3 111111 ti LL7 CO 2NM(� V: IMMS ao ONS 00 N N N N N N N 2 2 V') C ) '� fC1 C1 00 Cr7 r 0 V O M r r In m O 006 v; 16 6 (D N N N M i m N N N N cI crh � C O C (0 ch (3) r M ti C� M N Co M U; r r 0 " ❑- N N N N N N M ci m w 10 � C N (MD wI- Nrpr cr3 P7 c = 0 O Ol ai vi ra r P U')r (q r w '4: r It y NcM N N N N N N M M N M N a - r LL N •� c N N 'k O N O 4? O r 4q ti r M f-- 10 0 ti OJ g CS s = N M D0 l[l M LL7 47 tD r a) r 00 of r N 1q �Y ' i N N N N N N N N M M M C� CD LL Ga C7 C7 , N C1 m d r• 6�d ¢�7 'tl' af•9 8t9 � BA Oil O r N V) L. 0 0 Z m 0 t>0 U Q AMENDMENT NO. 2 SOLENIS, LLC, PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this W') day of .VYP.__ . 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and SOLENIS, LLC., a Delaware limited liability corporation (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on April 17, 2018 and Amendment No. 1 on May 24, 2021 collectively (the "Agreement"), attached hereto as Exhibits 1 and 1A, respectively, and made part of; and 2, WHEREAS, CITY requested to extend the term of the Agreement to March 30, 2023; and 3, WHEREAS, CONTRACTOR requested to amend the existing Fee Schedule as set for in Exhibit 2; and 4, WHEREAS, CITY and CONTRACTOR agree to said amendments. NOW, THEREFORE, the parties agree to amend the Term and Fee Schedule as set forth in Exhibit 2. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation Herein above called "CITY" rNA�IM����� ..-v 0 Attest: PAMELA FARRIS Assistant City Clerk Approved as to Form - r -- `► �1�■ INS / 1 -an. �1 W -M r SOLENIS, LLC., a Delaware limited liability company Hereinabove called "CONTRACTOR" r JASO BURHANS Regi nal Pricing Director Exhibit 1 B Exhibit 2 to Amendment No. 2 t;, rsoLenis. Slrm�p borldn. Trusted ¢olulk ns. solenis.com January 25, 2022 Mr. Tosha Wiman City of Lodi 1331 S Ham Lane Lodi, CA 95242 twiman(Z'i),Iodi.gov Re: Professional Services Agreement Dear Ms. Wiman, Solenis would like to request a price increase for our polymer which we supply to you under the agreement listed above. We have been hit with unprecedented cost increases on raw materials in the past year which are outpacing our substantial efforts to avoid them, to secure raw material supply and deliver to our valued customers. Effective April 1, 2022 we are requesting a price increase as follows: Material I Current Pricing Requested New Price Praestol K275 FLX Tote 1 $1.52 / Ib delivered $1.70 / Ib delivered Supporting BLS indices are included on the subsequent pages and are outlined below. Points are calculated from April 2021 to the most recent available table on Bureau of Labor and Statistics. https:/Idata.bls.gov Freight 18% increase Water Treating Compounds 07% increase Plastics Material and Resins 08% increase Petro Products 15% increase Thank you for your consideration in this matter. Sincerely, Christopher Kollman Municipal Business Manager Solenis LLC • 2475 Pinnacle Drive • Wilmington, DE o 19803 a solenis.com Data extracted an: January 18, 2022 (2:21:28 Ph1) PPI Industry Data Series Id: PCU4841214041212 Series Title: PPI industry data for General freight trucking, long-distance TL-Guneral freight trucking, long•dlslance, truckload, not seasonally adjusted Industry: General freight trucking, long distance TL Product: General Irelghl trucking, long dislance, truckload Base Date: 199206 Download: QI ■te. Year! Jen Feb Mar j Apr May Jun Jul Aug Sep Oct Nov Dec 2011 ! 132.0 133.0 135.1 13T.1 137.9 137.6 137.4 137.3 138.2 138.21 139.7 139.71 2012' 140.7 141.5 143,4 143.9 144,4 142.9 142.1 143.8 144.3 143,91 143.41 143.6 2013!143.3 143,5 144.5 144.0 144.4'144.1 144.1 144,1 143.4 143.41 144,01 L43.8 20141144A 145.2 145.7 146.8 148.1!148.4, 148,2 148.3 148.3 147,4 147,7. 146.4 20181144.0 143,1 1 143.3 143.6 143.6 '144.7 144.5 143.7 143.31 143.11 143,31 142,0 i 10161140.5 138.9 1 138.7 139,2 138.3'z 1301 130.5 138.5 139.0 139.9 140.0 140.1 2017 140.3 140.6 139,9 140,1 139.7 1139,9 139.9 142.1 142.7 i 143.0 145,21 147,4 1016 148.3 149.4 149.5 149.8 151.2 1152,6 154.0 154,9 156.6 158.1 150.51 158.6 2615 156-5 154.8 154.2 153.7 152,6 154.0 153.3 152,6 153.51 154.0 154.31 155, 2 2020 152.9 152.6 148.7 146.8 145.0 146.3 149.0 153.0 154.0; 157.1 162.0 164.8 20211162.5 168.41170,4 176.3 178.7:178.7 184,218 186.702 191.074(P)IL93.391(P) 207.11I(P)1208.212(P) P : IN srlirula.0 y. All indexes are wbim to monthly revlslons up to four months a8er or Iglnel Public al ion. Data eali titled on: January 18, 2022 (2:20:07 PAI) PPI Industry Data Series id: PCU325998325998A SerlesTltlel PPI Industry data for other miscellaneous chemical product manufacturing -Water treating compounds. riot seasonally adjusted Industry: Other miscellaneous chemicai product manufacturing Product: Water treatingc0nlPounds Base Date: 199506 Download: 2) etas Year Jan Fab Mar Apr May Jun Jul Aug Sep Oct Nov Doc 20111190.7 196.6 196.7 196.5 196.8 L97.0 196.4 196.4 196.4 196.81 196.5 190.7 20121 189.2 189.7 189.7 183.0 181.7 381.1 180.5 180.5 180.5 `` 180.6 180.6 181.6 2013 `187.0 183.9 1 165.9 186.8 183,6 182,3 180.01 180.8 180,5 160.6 180.6 180.0 28141 190.0 180.0 1180.4 180.4 180.4 180,4 180.41 180.4 180.4 Illi 180.4 180.4 180.4 2015 180.41 181.4 181.4 181.3 181.3 169.6 169.6 163.2 163.7 I 160.1 159.8 159.8 2016 159.8 157.3 157.3 156.1 157.! 156.8 156.5 154.2 155.61) 156.1 158.6 150.4 2017 158,8 155,8 154.0 160.8 162.8 166.0 161.3 159.8 157.7 157.1 161,0 163.0 2016 163.0 164.3 168.2 169.1 170.5 170.8 170.4 172.7 170.8 178.9 177.7 177.6 2029 177.2 174.7 171.3 170.T 171.31171.6 171.4 172.8 171.8 171.1 172.4 I 171.9 2020 171.7 164.9 166.7 165.6 166 6 163 2 160.6 159.4 159.8 160.2 162.4 1691 20211168,7,171.91197.51198.71198.8 195.91 196.0011197.1101205.987(P)1210.9G21P)I206.643(P)I212.3o6(P) P: Preliminary. All indexes are subject to monthly revisions up to four months afterol iginal publicallon. DaLa extracted on; January 18, 2022 (2;16;58 PP)I) PPI Industry Data Series Id: PCU325211325211P Series Title: PPI induSLry data foi Plastics material and resins mfg -Primal y products, not seasonally adjusted Industry: Plastics rnalerial arid reslas mfg Product: Primary products Base Date: 198012 Download: 13;1,xlall Year Jan 2011 227.4 2012 248.0 2013 255.7 2014 267.4 2015 257,4 2016 i 228,8 2017 233,6 2018 249,11 2019 246.8 2020 234.3 2021. 257,9 f' : PYcllill iIul, Feb Mar Apr May Jun Jul AugSep t Oct Nov Dec 234,0 239.1 245.6 258,1 256.6 254.8 251.2 253.0 245.8 248.5 243.4 251,7 255.3 255,6 254.5 251.5 248.5 249.7 245.9+ 249.0 249.0 248,41 260.4 263.7 262,2 259,9 261.0 260.0 261.0 261.61 262.0 264.2 2G.4,11 270.4 272.6 273.7 272,9 270,6 272,7 275.4 277,6 279.8 275.8 267,7 252,1 245.3 244.2 245.3 247.0 245.11 241.9 235.6 233.0 231,6 232.21 227.7 226.8 226,6 229.9 232.9 232.7 233.4 234,6 237.3 236.0 231.81 239.0 243.3 248.1 248.2 247,0 244.3 243.6 246.7 251.3 253.2 254.G 1 250,7 254.9 252.5 257,2 259.9 260.31 264.0 262.0 263.0 257.6 252,7; 246,0 244.0 243,9 245.9 242,5 242.0 j 242.4 242.6 243.2 240.3 234.8 238,5 1237.4 223.5 216.1 218.6 222.41 229,6 230.7 241.4 242.8 248.8 271.81 300.1 1317.31325.1 1338.6' 347.5871 353.4921 353.283(P) 1355.G01(P)1 350,099(P) 1342.065(P y. All isit ex(:s.1m- sutljeCI to n101)1fl1y 4eviWrit UI) t0 four moiiIIv. .1 [lei 01igilml pub lkation. Data extI ailed on: Januar y 10, 2022 (2:14:15 PNI) PPI Industry Data Slrlesld: PCU324199324199P 5erres Title: PPI industi y data for All other petroleum and coal Pi oducts ntfg. Prlmai y products, not seasonally adiusied Industry: All other petroleum and coal products mfg. Product: Printary products Baso Date: 200312 Download: ©Il RI.R Year Jan Feb Mar Apr May Jun Jul Aug Sep I Oct Nov Doc 20111246.8 244.11 2505 273.7 2755 270.5 270.6 273.9 271.5 269A 274.5 275.1 2012 281.2 285.8 291.3 288.5 286.2 285.8 277,9 279.0 281.5 282.3 283.8 285.3 2013 278.4 276.0 273,0 274,4 273.0 270.1 271,5 272.4 2G9.4 268.7 259.2 255,8 2014 257.3 260.0 259.8 257.0 259.3 257.1 259.8 258.4 253.9 285-1 254.8 252.4 2015 252.3 249.8 249.4 249.6 245.9 248.1 2,14.9 244..5 242.2 241.'2 242.2 2405 2016 237.3 237.2 225.0 221.6 220.9 217,3 214.6 215.6 212.8 215.4 208.3 213.8 2017 208.3 217.1 217.9 221.9 22G.G 226A 223.0222.8 223.6 22319 229.1 230,3 2019 234.8 237.8 263.7 267.0 270.6 268,6 286.3 284.1 282.0 286.3 286.7 288,9 2019 288.3 303.6 3 10.7 317.1 316.0 319,1 318_7 311.4 713.7 300.1 303.2 7.98.9 2020 299.6 294.8 2a9.5 1297,2 297,1 282.2; 284.3 278.0 278.7 278.6 27G.9 273.G 20211 276.41 260.91 257.8 j 263.1 1 267.1 1275.9 ( 279AG41 283.5651 289.958(P) 1240.626(P) 1291.G10(P) 1 301.490(P) P: Preliminary. All indexes ara 5Ubiect t0 1110nthly fQVi5i0115 UP 10 four mBnUtis after Original publication, RESOLUTION NO. 2022-178 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SOLENIS, LLC, OF WILMINGTON, DELAWARE, FOR DEWATERING POLYMER AT WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WHEREAS, the basic process of wastewater treatment is to separate 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, on March 21, 2018, Council authorized a three-year Professional Services Agreement for dewatering polymer at White Slough Water Pollution Control Facility with Solenis, LLC, of Wilmington, Delaware, in the amount of $560,736; Amendment No. 1 extended the term and added $168,000 to the agreement; Amendment No. 2 extended the term to March 30, 2023; and Amendment No. 3 provides funds in the amount of $200,000 to cover polymer usage through the end of the term of the agreement; and WHEREAS, staff recommends the City Council authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Solenis, LLC, for dewatering polymer at White Slough Water Pollution Control Facility, in the amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Solenis, LLC, of Wilmington, Delaware, for dewatering polymer at White Slough Water Pollution Control Facility, providing funds in the amount of $200,000, for a total agreement amount of $928,736; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: July 20, 2022 I hereby certify that Resolution No. 2022-178 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 20, 2022, by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-178