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R15-022
I 1 I RESOLUTION NO. R15 -022 41 A RESOLUTION OF THE CITY OF BOYNTON BEACH, Pi FLORIDA, APPROVING THE PIGGY - BACKING OF THE CITY OF PUNTA GORDA AGREEMENT NO. 201010 /CHEM- SULFCONT WITH EVOQUA WATER TECHNOLOGIES FOR THE PURCHASE OF HYDROGEN PEROXIDE; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; 1 PROVIDING AN EFFECTIVE DATE. 1 1 WHEREAS, on December 15, 2014, the City Commission approved a one year I 1 piggy -back of the Manatee County Agreement with Evoqua Water Technologies for the 1 purchase of Hydrogen Peroxide at $3.90 per gallon; and 1 1 WHEREAS, the Procurement Department was contacted by the Account Executive 1 , from Evoqua Water Technologies who presented the opportunity to piggy -back the City of 1P� Punta Gorda's agreement with Evoqua Water Technologies for the purchase of hydrogen j' 1: peroxide at the rate of $3.56 per gallon: 1: WHEREAS, upon recommendation of staff, the City Commission has determined 21 that it is in the best interests of the residents of the City to approve an Agreement piggy- 2 backing the City of Punta Gorda Agreement No. 201010 /Chem - Sulfcont with Evoqua 2 Water Technologies for the purchase of Hydrogen Peroxide. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, 2 THE FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and 2. incorporated herein by this reference. 27 Section 2. The City Commission hereby approves an Agreement piggy- backing 23 the City of Punta Gorda Agreement No. 201010 /Chem - Sulfcont with Evoqua Water 1 ! 1 ! C \ Users \Pramitoj\Appdata\ Local \Microsoft \Wmdows\Temporary Internet Files \Content IE5 \TJSA2KNN \Piggy- ' i Backing Punta _Gorda_(Hydrogen_Peroxidel_ -_Reno Doc I 1 Technologies for the purchase of Hydrogen Peroxide and authorizes the Mayor and City 2 Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A ". 3 Section 3. That this Resolution shall become effective immediately. 4 PASSED AND ADOPTED this 2 day of March, 2015. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 YES NO Bi Mayor — Jerry Taylor 101 1h! Vice Mayor — Joe Casello 1 1 � Commissioner — David T. Merker 1 1 • Commissioner — Mack McCray 1. 1 ' Commissioner — Michael M. Fitzpatrick 1: 1: 2 VOTE 5-0 2 2 ► ATTEST: 2c 21 A rie:Au t 2 4. � 2 ,, Jan- M. Prainito, MMC 2% y Clerk 2 Y 2! 31 3 er �. e Seal) 3, \ 2° ,0 • 3 : A `TO g P N C \Users \Pramrtoj\Appdata\ Local \Microsoft \Windows \Temporary Internet Files \Content IE5 \TJSA2KNN \Piggy- E Backing _ Punta_ Gorda (Hydrogen Peroxide)_ -_Reso Doc CONTRACT FOR HYDROGEN PEROXIDE This Contract is made as of this 1st day of , 2015 by and between EVOQUA WATER TECHNOLOGIES, LLC, a Florida limite liability corporation, with offices at 2650 Tallevast Road, Sarasota, FL 34243 ( "EVOQUA "), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City "). RECITALS WHEREAS, the City utilizes hydrogen peroxide to control hydrogen sulfide within the wastewater collection system to control odor and inhibit corrosion in the sanitary sewer collection system; and WHEREAS, EVOQUA, submitted a proposal dated January 12, 2015 to the City to provide hydrogen peroxide at a price of $3.56 per gallon based on City of Punta Gorda, Florida Bid #R2010107 /CHEM - SULFCONT /1011 with an estimated annual expenditure of $200,000.00; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and EVOQUA agree that EVOQUA shall provide Hydrogen Peroxide at a price of $3.56 per gallon delivered based on City of Punta Gorda, Florida Bid #R2010107 /CHEM - SULFCONT /1011 with an estimated annual expenditure of $200,000.00, a copy of which is attached hereto as Exhibit "A ", except as hereinafter provided: A. All references to City of Punta Gorda, Florida shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742 -6010 / Facsimile: (561) 742 - 6090 (00061389 1 306 - 9001821 Page 1 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771 -4500 Facsimile: (954) 771 -4923 C. The proposal from EVOQUA dated January 12, 2015, is attached hereto as Exhibit "B ". D. The letter from the City of Punta Gorda, Florida dated February 6, 2015, authorizing the City to piggyback on the City of Punta Gorda, Florida Contract is attached hereto as Exhibit "C ". Section 3. In the event that the City of Punta Gorda, Florida Contract is amended, or terminated, EVOQUA shall notify the City within ten (10) days. In the event the City of Punta Gorda, Florida Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. EVOQUA agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. The provision entitled Jurisdiction and Venue shall be amended to provide that venue shall be in Palm Beach County, Florida. Section 7. In all other aspects, the terms and conditions of the City of Punta Gorda, Florida Contract, as amended, are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: 1, .�rLl A 1` �� / • aa4.41:4,61 / Jerry ' aylor, o f 'ayor k ' to, MMC, City Clerk = 0 41 A. P ' O N Page 2 APPROVED AS TO FORM: •��' =s A. Cherof,g 41 ' {00061389.1 306 - 9001821 } Page 3 W SES: EVOQUA WATER CHNOLOGIES, LLC ITI1ES t BY: Print Name: \e rei t2 tY1 t i 1-er v p 4,1 ATTEST: oiary Puiii 6 SHERI WHALEN r gi% MY COMMISSION # EE 630482 15- 4. EXPIRES December 26, 2016 Bonded Thru Notary Public Underwriters • (00061389 1 306 ) Page 4 EXHIBIT A AGREEMENT BETWEEN PUNTA GORDA, FL AND EVOQUA WATER TECHNOLOGIES, LLC., II (00061389 1 106-9001821 Page 5 CITY OF PUNTA GORDA FLORIDA L * OR1DY' PHONE: (94 575 -3351 PROCUREMENT DIVISION FAX: (94 575-3340 326 West Marion Avenue Punta Gorda, Florida, 3395 February 6, 2015 City of Boynton Beach Attn: Julianne Alibrandi, Senior Buyer 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: AUTHORIZATION TO PIGGYBACK FORMAL BID #R2010107 /CHEM - SULFCONT /1011 Dear Ms. Alibrandi, Please accept this letter as authorization for the City of Boynton Beach to piggyback the City's current contract for Sulfide Odor Control awarded to Evoqua Water Technoligies, LLC (fka Siemens Water Technologies, LLC) of Sarasota, Florida. Boynton Beach shall establish its own contract, place its own orders to purchase the materials and /or services specified in the contract at the established rates, be invoiced by and make payment to the awarded vendor. The initial contract period is August 22, 2011 through August 21, 2016. The vendor stated a maximum of 6% increase per year for the second, third, fourth and fifth years of the initial contract period, which the vendor must request and justify in writing. There has been no increase for this contract to date. If you require additional information, please do not hesitate to contact me at the above telephone number. Sincerely, CITY OF PUNTA GORDA 1/51/ Deborah J Adams, CPPB Senior Purchasing Agent & Contract Administrator Pun G�ORd3 asr AGREEMENT BETWEEN CITY AND CONTRACTOR SOLICITATION #R2010107 / - SULFCONT /1011 � THIS AGREEMENT is dated as of the day of .,(U'I in the year 2011 by and between: The City of`P`unta Gorda ti 326 West Marion Avenue Punta Gorda, FL 33950 (941) 575 -3302 (Hereinafter called CITY) and Siemens Industry, Inc. 2650 Tallevast Road Sarasota, FL 34243 (941) 759-7930 (Hereinafter called CONTRACTOR) The Agreement Documents consist of this executed Agreement, the complete Solicitation Package, and CONTRACTOR'S Submittal Package, and all documents that may be executed as a result of this executed agreement. City and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: CONDITIONS OF WORK /PURCHASE: All work performed or purchases made shall be in accordance with the terms and conditions of this Agreement and any attachments hereto. No other conditions or modifications of these terms and conditions will be effective unless specifically agreed to in writing by the CITY's appropriate level of authority. Failure of CITY to object to provisions contained in any acknowledgment, document or other communications from CONTRACTOR shall not be construed as a waiver of the Agreement's terms and conditions or an acceptance of any such provision. This Agreement and any attachments hereto, constitute the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. This Agreement shall not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade. Only the CITY's appropriate Change Order Authority can make changes or modifications by issuance of an official change notice. ARTICLE 1. - WORK All work to be performed in accordance with the Agreement Documents, Exhibit A (TBD) and shall be completed in a timely and professional manner. The Services /Commodities under the Agreement Documents may be the whole or only a E. part is generally described as follows: PEROXIDE — EQUIPMENT /PRODUCT EMERGENCY EVENT OPERATIONS CONTINGENCY - The CITY reserves the right to request and utilize the Contractor's services under this Agreement during Emergency Events as may be deemed necessary by the City. ARTICLE 2. - REPRESENTATIVE Mr. Ed McCampbell, Utilities Operations Manger, who is hereinafter referred to as REPRESENTATIVE will assume all duties and responsibilities and will have the rights and authority assigned to REPRESENTATIVE in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. — CONTRACT ADMINISTRATOR The Procurement Manager or their designee, who is hereinafter referred to as CONTRACT ADMINISTRATOR will assume all duties and responsibilities and will have the rights and authority assigned to ensure contract compliance and management /administration of the Agreement. Exhibit A to Agreement #R2010107 Page 1 of 17 ARTICLE 4. — TERM AGREEMENT A. AGREEMENT TERM: This Agreement shall be for a five (5) year period, which shall commence upon the signing of this Agreement by both parties. The CITY retains the right to renew this initial Agreement under the same terms and conditions upon mutual agreement with the Bidder. Agreement for commodities or contractual services may be renewed for a period that may not exceed 3 years, or the term of the original contract, whichever period is longer. Renewal of a contract for commodities or contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. A renewal contract may not include any compensation for costs associated with the renewal. Renewals shall be contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds. B. NON - EXCLUSIVE AGREEMENT: No Guarantee is expressed or implied as to the total quantity of commodities /services to be purchased under any open -end Agreement. Estimated quantities will be used for evaluation comparison purposes only. C. ORDERING: The CITY reserves the right to purchase commodities /services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract and if the CONTRACTOR is unable to comply therewith, the CITY reserves the right to purchase commodities /services from another source without penalty or prejudice to the CITY. D. FISCAL YEAR PURCHASE ORDER: CONTRACTOR will receive a purchase order for each fiscal year that the Agreement is in existence at prices quoted per the Agreement. E. APPROPRIATION OF FUNDS: If funds are not appropriated or otherwise made available to support continuation of this Agreement in any fiscal year, the CITY shall have the right to terminate the Agreement without any obligation or penalty. ARTICLE 5. — RESPONSE TIME — EQUIPMENT /SYSTEM MAINTENANCE /REPAIR A. Service contract hours are defined as: (1) Standard Contract Hours: Monday through Friday, excluding Holidays stated below, between the hours of 7:00 a.m. and 4:00 p.m. (2) After Hours /Holiday Hours: After hours for standard business days, Monday through Friday between 4:01 p.m. and 6:59 a.m., Weekends beginning Friday at 4:01 p.m. through Monday at 6:59 a.m., and holidays defined as New Year's Day, Memorial Day, July 4 Labor Day, Thanksgiving and the day after, and Christmas Day. B. The CITY and the CONTRACTOR mutually agree to ON -SITE response times of: (1) Non - Emergency Services during standard contract hours: 24 hours or next business day, whichever is sooner, to respond; (2) Emergency Services during standard contract hours: 4 hours to respond; and (3) Emergency Services after hours /holiday hours: 4 hours to respond. C. EMERGENCY EVENT OPERATIONS - EMERGENCY OPERATIONS SERVICES as may be required by the CITY. Onsite response time shall be calculated from the time the call is placed to the CONTRACTOR to the time the CONTRACTOR's technician arrives to City Facility as follows: (1) Critical Service — Within four (4) hours to respond. (2) NON- Critical Service — Within 24 hours or next business day, whichever is sooner, to respond D. Response timeframes shall begin at the time the CITY first notified the CONTRACTOR by telephone. ARTICLE 6. — LIQUIDATED DAMAGES A. The CITY and the CONTRACTOR mutually agree response time compliance and performance compliance are critical and failure to provide service in accordance with this Agreement and Exhibit A (Sections: Performance Requirements and Deficiency Reporting /Rectification Process) is a detriment to CITY services. Therefore, the CONTRACTOR agrees to credit the CITY for deficiencies not remedied or failure to complete work as assigned or Exhibit A to Agreement #R2010107 Page 2 of 17 designated in any Statement of Work. Deduction schedule for deficiencies will be made to the CITY, but not as a penalty, in accordance with the following: 1. Performance Deficiencies: Performance deficiencies are defined as failure to perform quality services for maintenance, repairs, or product delivery in accordance the Agreement's specifications, installation of inferior parts and materials, or labor performed by unknowledgeable or improperly trained staff. Deduction shall equal 10% of the service performed. Failure to correct the performance deficiency by the extended deadline shall result in an additional automatic deduction of twenty percent (20 %). The deduction(s) will reduce the CONTRACTOR's invoice and the CITY will pay according to the adjustment amount due. 2. Schedule Deficiencies: Deduction shall be automatic and in the amount of twenty percent (20 %) of the amount of work assigned for failure to maintain schedule, response times and /or completion timelines. Failure to complete the work assigned by the extended deadline shall result in an additional automatic deduction of ten percent (10 %). The deduction(s) will reduce the CONTRACTOR's invoice and the CITY will pay according to the adjustment amount due. B. The CITY reserves the right to cancel this AGREEMENT in its entirety should the CONTRACTOR fail to meet the response time or performance requirements five (5) times within any six (6) month period. C. DEFICIENCY REPORTING AND RECTIFICATION PROCESS 1. The City will fax a deficiency report to the designated supervisor the day the deficiency is reported. 2. Performance deficiencies reported by the City shall be rectified within one (1) calendar day or less from date and time the notice was sent via facsimile from the City Representative. 3. Schedule deficiencies reported by the City shall be rectified as directed by the City Representative. Failure by the Contractor to comply with the authorized rectification period shall result in additional deductions for non- performance. 4. Deficiency Rectification - Deficiencies shall be rectified within one (1) day or less from date and time the notice was sent via facsimile or emailed from the City Representative or as directed by the City Representative for schedule deficiencies. However, failure to rectify the deficiency within timeframe designated by the City shall result in an additional deduction from the invoice. 5. Contractor shall be required to fax the notice to the City Representative indicating the deficiency has been rectified. The City will inspect and if the deficiency was rectified to the City's satisfaction and in accordance with the contract requirements the following will govern the resolution of the deficiency: ARTICLE 7. — DELIVERY TIMEFRAME Delivery of materials shall be between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday to the locations specified in Exhibit A. In the event delivery is attempted outside of the above referenced delivery time frame, the CITY will not be responsible for any additional expenses incurred for re- delivery. Each delivery is to include a delivery slip clearly annotating the purchase order number, quantity, and description. CONTRACTOR shall be responsible for all items covered within this contract until they are delivered and accepted at the designated delivery point (F.O.B. Destination /Freight Prepaid and Allowed). CONTRACTOR shall bear all risk on rejected or damaged items after notice of rejection. Such items must be removed by and at the expense of the CONTRACTOR. ARTICLE 8. — CANCELLATION OF CONTRACT A. CANCELLATION CLAUSE: This Agreement may be terminated by CITY or the CONTRACTOR should CONTRACTOR or CITY fail to provide in any substantial manner the services and /or commodities required under this Agreement, or otherwise fails to comply with the terms of this Agreement or the Agreement Documents, or violates any ordinance, regulation or other law which applies to its performance under this Agreement. The CITY or the CONTRACTOR may terminate this Agreement under this subparagraph by giving five (5) calendar days written notice. The CITY, at its option, may give CONTRACTOR a reasonable period of time to cure the noncompliance. B. The CITY may terminate this Agreement for any reason and without cause by giving thirty (30) calendar days written notice to CONTRACTOR. Upon such termination, CONTRACTOR will be compensated for the value of the services performed and /or commodities delivered to the date of termination. Exhibit A to Agreement #R2010107 Page 3 of 17 C. DELAYS AND EXCUSED PERFORMANCE /FORCE MAJEURE. CONTRACTOR shall not be considered in default by reason of failure, which arises out of causes reasonably beyond the CONTRACTOR's control, and without its fault or negligence. Such causes may include, however, not limited to: Acts of God, the City's omissive and commissive failures, natural or public health emergencies, labor disputes, freight embargos. ARTICLE 9. — AGREEMENT PRICING A. DELIVERED PRICES: Agreement prices are FREIGHT PREPAID AND ALLOWED /DESTINATION: PUNTA GORDA, FL — VARIOUS SERVICE SITES. Agreement prices shall be inclusive of all freight, handling, delivery, surcharges, or any other incidental charges that may be required for the completion of the contract. Agreement price schedule is defined in Exhibit A. B. FIXED PRICE TERM: CONTRACTOR agrees to supply the CITY the items and /or services listed at firm delivered prices for the first year of the initial contract. C. PRICE ADJUSTMENTS: 1. MAXIMUM PERCENTAGE INCREASE: The CONTRACTOR and the CITY have agreed to establish a maximum percentage increase for the second through fifth years of the initial Agreement. The CONTRACTOR shall be responsible for providing written documentation supporting the requested increase to the CONTRACT ADMINISTRATOR in accordance with the Price Adjustment terms stated in this Article. a. Second year of the initial Agreement's maximum percentage increase is defined as 6 %. b. Third year of the initial Agreement's maximum percentage increase is defined as 6 %. c. Fourth year of the initial Agreement's maximum percentage increase is defined as 6 %. d. Fifth year of the initial Agreement's maximum percentage increase is defined as 6 %. 2. The CITY will allow one (1) price adjustment in each subsequent year of the Agreement. However, additional consideration by the CITY may be given for extreme and unforeseen volatility in the marketplace as specified in section relating to "Equitable Adjustments ". 3. Price adjustments during the second and fifth year of the initial Agreement will be allowed, but shall not exceed the maximum percentage increase proposed for that period. The requested adjustment must be submitted to the CONTRACT ADMINISTRATOR accompanied by substantiating proof of necessary increase (i.e. inflationary surge in fuel, wages, insurance or an unexpected cost increase from a supplying aggregate mine). In this event, written justification itemizing the adjustments and stating the percentage of increase must be forwarded to CONTRACT ADMINISTRATOR. CONTRACT ADMINISTRATOR will compare the requested price increase with the CPI index (Urban Consumers) South Region percent of change for the past twelve (12) months immediately preceding the date of written request. If justified and approved, this request will become effective thirty (30) days from the date the notice was received by CONTRACT ADMINISTRATOR from the CONTRACTOR for all purchases and services ordered after the effective date (thirty (30) days from City receipt of request). If the CONTRACTOR fails to justify the requested increase, CITY reserves the right to reject the price increase and cancel the balance of the contract. 4. Equitable Adjustments: The CITY may, in its sole discretion, make an equitable adjustment in the Agreement terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the CONTRACTOR'S control; (2) the volatility affects the marketplace or industry, not just the particular Agreement source of supply; (3) the effect on pricing or availability of supply is substantial; and (4) the volatility so affects the CONTRACTOR that continued performance of the Agreement would result in a substantial loss. Any and all equitable adjustments may be considered temporary due to the reason for adjustment. All equitable adjustments will be evaluated by the CONTRACT ADMINISTRATOR to determine if the reason for adjustment is still valid. If the reason for the adjustment is no longer valid, the CITY will terminate the adjustment and notify the CONTRACTOR. 5. The CITY reserves the right to negotiate the contract if the prices exceed the current marketplace. Exhibit A to Agreement #R2010107 Page 4 of 17 6. CONTRACT RENEWAL a. Price adjustment, during the optional renewal period, will be allowed. However, the CITY will allow only one (1) adjustment for each year of the renewal period. Requirements for requesting a price adjustment shall be in accordance with the Price Adjustments section above and subject to CITY approval. ARTICLE 10. — INVOICING /PAYMENT TERMS A. The CITY will pay approved invoices with a credit card. B. The payment terms agreed upon by the CITY and CONTRACTOR are Net 45 if payment is made by check in accordance with the Florida Prompt Payment Act, sections 218.70 through 218.79, Florida Statutes. C. INVOICES: Invoices shall bear upon their face the Purchase Order number. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show units and unit prices. Invoices will not be paid unless and until the requirements have been fully met. Unit prices shall include all transportation and delivery charges must be prepaid in full to destination. D. PRICE /SALES TAX: Unless otherwise specified herein, the unit prices herein do not include sales or use tax. ARTICLE 11. — WARRANTY /GUARANTEES A. COVENANT AGAINST GRATUITIES: CONTRACTOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by CONTRACTOR, or any agent or representative of CONTRACTOR, to any officer or employee of CITY with a view toward securing this Agreement or favorable treatment with respect to any determination concerning the performance of this Agreement. In the event of breach of this warranty, CITY shall be entitled to pursue the same remedies including, but not limited to, termination, against CONTRACTOR as it could pursue in the event of CONTRACTOR's default. B. MERCHANTABILITY WARRANTY. The goods or items furnished shall be of a merchantability quality. They also shall be suitable for the particular purpose as referenced in the solicitation document and in all supporting literature relating to the goods or items being purchased. C. SPECIFICATION WARRANTY. The awarded CONTRACTOR warrants that all services will be in full accordance with the specifications and requirements of this solicitation document and this Agreement. ARTICLE 12. - CHANGE ORDER TO CONTRACT A. All requests for changes to the resulting Agreement shall be made in writing and is subject to approval by the appropriate level of City authority. B. The following the Change Order Authority Levels for the CITY. 1. CITY REPRESENTATIVE OR CITY PROJECT MANAGER. If the CITY has named a CITY Representative or Project Manager in this solicitation this authority will be applicable. The CITY representative or project manager has the authority to approve change order request in an amount up to $750.00 and may approve requests for contract time extensions not to exceed five (5) days. Minor non - monetary changes, which do not result in a change in the contract amount, may also be approved by the CITY representative or project manager. 2. PROCUREMENT MANAGER. The Procurement Manager may approve change orders in a singular or cumulative amount that does not exceed 10% of the total contract price with a maximum cap of Fifty Thousand Dollars ($50,000), with the exception of contracts requiring CITY Council's sole approval for an award. The Procurement Manager may authorize contract time extension in excess of five (5) days and non - monetary change, which are not considered minor, which do not result in a change in the contract amount. 3. CITY MANAGER. The CITY Manager may approve all change orders with the exception of contracts that require solely the CITY Council's approval. 4. CITY COUNCIL The CITY Council shall approve change orders for Exempt contracts that are reserved for CITY Council approval (i.e. Franchises, Inter -local Agreements, Land, Legal, Auditing, Actuarial Services and Medical Director. C. The CONTRACTOR fully understands the CITY's Change Order Policy. In the event the CONTRACTOR begins work on unauthorized changes to scope prior to receiving a signed Change Order by the CITY's appropriate level of authority, they do so at their own expense and risk not being compensated by the CITY for performing unauthorized work. Exhibit A to Agreement #R2010107 Page 5 of 17 ARTICLE 13. - INSURANCE REQUIREMENTS The CONTRACTOR, before commencing any work, shall provide insurance and furnish the City with a Certificate of Insurance for themselves and all subcontractors as follows: • THE CITY IS TO BE SPECIFICALLY INCLUDED AS AN ADDITIONAL INSURED (WITH REGARDS TO GENERAL LIABILITY). • THE CITY SHALL BE NAMED AS CERTIFICATE HOLDER. PLEASE NOTE THAT THE CERTIFICATE HOLDER SHOULD READ AS FOLLOWS: City of Punta Gorda 326 W. Marion Avenue Punta Gorda, Florida 33950 No CITY Division, Department, Project name or individual name should appear on the Certificate. NO OTHER FORMAT WILL BE ACCEPTABLE. • GENERALLY REQUIRED COVERAGE INCLUDES: c COMMERCIAL GENERAL LIABILITY - Not less than $500,000 per occurrence; combined single limit for bodily injury liability and property damage liability. This shall include the following endorsements: premises and /or operations, independent contractors and products and /or completed operations, broad form property damage. o Business Auto Policy - Not less than $500,000 Per Occurrence; Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles, and Employees Non - Ownership. o Workers Compensation — Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum of $100,000.00 for each accident. In the event the insurance coverage expires prior to the completion of the contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The policy shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. ARTICLE 14. - CONTRACTOR'S REPRESENTATIONS A. In order to induce City to enter into this Agreement, CONTRACTOR makes the following representations and assurances: 1. CONTRACTOR shall hold and maintain current Business Tax Receipt for CONTRACTOR's locality for the term of this Agreement. CONTRACTOR shall hold and maintain current City of Punta Gorda Business Tax Receipt for the term of this contract IF their business if physically located within the city limits. 2. CONTRACTOR has made or caused to be made investigations, tests, examinations and studies of such reports and related data as he /she deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Agreement Documents; and additional examinations, investigations, tests, reports or similar data are or will not be required by CONTRACTOR for such purposes. 3. CONTRACTOR has given CONTRACT ADMINISTRATOR written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CONTRACT ADMINISTRATOR is acceptable to CONTRACTOR. 4. SUBCONTRACTORS: Exhibit A to Agreement #R2010107 Page 6 of 17 a. CONTRACTOR shall be fully responsible for the actions of their Subcontractors. Therefore, should a Subcontractor perform work outside of the awarded scope of work they do so at the CONTRACTOR's expense and risk not being compensated by the City for performing unauthorized work. b. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractor in addition to checking of prior performance of like or similar work as delineated in part or whole as pertinent to this contract. 5. Equal Employment Opportunity Clause. CONTRACTOR shall be in compliance with Executive Order 11426 Equal Opportunity as amended by Executive Order 11375, and as supplemented by the Department of Labor Regulations as applicable. 6. Contract Work Hours /Safety Standards Act. CONTRACTOR shall be in compliance with provisions of Section 103 and Section 107 of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) and as supplemented by the Department of Labor Regulations (Part V, 28CFR). 7. SAFETY COMPLIANCE. It shall be the CONTRACTOR'S sole responsibility to comply with all Local, State and Federal rules and regulations while performing work for the City. These regulations include, but are not limited to: Confined Space, Lock - out/Tag -out, Hazard Communications, Personal Protective Equipment, Excavation Safety, Respiratory Protection, and Hot Work Permits. 8. Competent Personnel. CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in this scope of work. ARTICLE 15. — INDEMNIFICATION / LIMITS OF LIABILITY A. INDEMNIFICATION The CONTRACTOR shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the CITY and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by CONTRACTOR, its agents, employees, partners, or subcontractors, provided, however, that the CONTRACTOR shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the CITY or a Customer. Further, the CONTRACTOR shall fully indemnify, defend, and hold harmless the CITY and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification or CONTRACTOR's products or a Customer's operation or use of CONTRACTOR's products in a manner not contemplated by the Agreement or the purchase order. If any product is the subject of an infringement suit or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non - infringing. If the CONTRACTOR is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the CONTRACTOR shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The CONTRACTOR's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the CITY or Customer giving the CONTRACTOR (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at CONTRACTOR's sole expense. The CONTRACTOR shall not be liable for any cost, expense, or compromise incurred or made by the City or Customer in any legal action without the CONTRACTOR's prior written consent, which shall not be unreasonably withheld. B. Limitation of Liability. For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under this Agreement for direct damages shall be limited to the greater of $25,000, or the dollar amount of the purchase order, or two times the charges rendered by the Contractor under this Agreement. This limitation shall not apply to claims arising under the Indemnity paragraph contained in this agreement. Unless otherwise specifically enumerated in the Agreement or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the CONTRACTOR to back -up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The CITY and Customer may, in addition to other remedies available to them at law or equity and upon notice Exhibit A to Agreement #R2010107 Page 7 of 17 to the CONTRACTOR, retain such monies from amounts due the CONTRACTOR as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The CITY may set off any liability or other obligation of the CONTRACTOR or its affiliates to the CITY against any payments due the CONTRACTOR under any contract with the CITY. ARTICLE 16. - MISCELLANEOUS A. RECORDS RETENTION /AUDIT. All governmental contracts and agreements are required to be maintained for a period of five (5) years after the expiration of the contract or agreement. Therefore the CONTRACTOR shall be required to retain all records relating to the resulting contracts for the same period of time after expiration this Agreement. The CITY reserves the right to audit the CONTRACTOR's records throughout the term of the Agreement and records retention period. B. AUDIT DISALLOWANCES. If at any time the CITY determines that a cost for which payment has been made is a disallowed cost, such as overpayment, CITY shall notify the CONTRACTOR in writing of the disallowance. CITY shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the CONTRACTOR by the amount of the disallowance, or to require repayment of the disallowed amount by the CONTRACTOR. C. SUB$ 111 UTIONS. In the event the CONTRACTOR, due to manufacturer or supplier discontinuing specified parts, is unable to secure sufficient supplies to fulfill all orders, the CONTRACTOR will be allowed to substitute an item of equal or better quality provided: 1. The product is sold at the contract price; 2. The CITY is contacted in writing in advance of the substitution; 3. The City retains the right to determine "equal or better quality"; and 4. The CITY gives written approval of substitution. If the Bidder is unable to fulfill all obligations in accordance with these terms and conditions, the City may acquire the product in the open marketplace with any cost increase being the responsibility of the Bidder. D. Material Safety Data Sheet, MSDS. In compliance with Chapter 442, Florida State Statutes, manufacturers and distributors shall supply the City with a MATERIAL SAFETY DATA SHEET (MSDS), for any and all commodities contained in this solicitation that include a toxic substance as listed on the Florida Substance List. Bidder shall include MSDS's with shipments. E. No assignment by a party hereto of any rights under or interests in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. F. JURISDICTION AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and the parties hereto agree that venue shall be in Charlotte County, Florida. G. ATTORNEYS FEES. In the event of any dispute arising under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses. H. CITY and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns and legal representatives to the other party hereto, his /her partners successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement Documents. No assignment by a party hereto of any rights under or interests in the Agreement Documents will be binding on another patty hereto without the written consent of the party sought to be bound; and specifically but without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. I. The CITY and the CONTRACTOR agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the previous terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed in full concurrence by the parties thereto. Exhibit A to Agreement #R2010107 Page 8 of 17 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to CITY, and CONTRACTOR. All portions of the Agreement Documents have been signed or identified by CONTRACTOR and CITY or by REPRESENTATIVE on their behalf. CITY OF PUNTA GORDA CONTRACTOR: SIEMENS INDUSTRY, INC. SIGNATURE: SIGNATURE: ' ? T 1 1 __4(.1 4 Ik,c1 MT- Print Name .. _ ATTEST: ATTEST Address for giving notices: Address for giving notices: 326 W. Marion Avenue 2650 Tallavast Road Punta Gorda, FL 33950 Sarasota, FL 34243 �pp p t S 1 5 E ( Exhibit A to Agreement #R2010107 Page 9 of 17 CONTRACT - SULFIDE ODOR CONTROL AGREEMENT #R2010107 /CHEM - SULFCONT /1011 INITIAL PERIOD X RENEWAL PERIOD EXTENSION 1 CONTRACT PERIOD: TBD THRU TBD PRICES EFFECTIVE THROUGH: TBD AWARDED VENDOR: SIEMENS INDUSTRY INC PRIMARY ORDERING CONTACT INFORMATION: Charles Maltby EMAIL: charles.maltby @siemens.com TELEPHONE: 941 - 359 -7942 FAX: 941 - 359 -7985 CELL: 941 - 586 -8813 MAILING ADDRESS: 2650 Tallevast Road, Sarasota, FL 34243 ALTERNATE ORDERING CONTACT INFORMATION: Craig Bliss EMAIL: craig.bliss @siemens.com TELEPHONE: 941- 359 -7922 FAX: 941 - 359 -7985 CELL: 941 - 915 -2171 PRIMARY CONTRACT CONTACT INFORMATION: Vaughan Harshman EMAIL: james.v.harshman @ siemens.com TELEPHONE: 941 - 928 -0453 FAX: same CELL: 941 - 928 -0453 MAILING ADDRESS: same ALTERNATE CONTRACT CONTACT INFORMATION: Rich Lalama EMAIL: richard.lalama @siemens.com TELEPHONE: 941 - 359 -7940 FAX: same PAYMENT TERMS: PAY BY CREDIT CARD - IF BY CHECK NET 45 ACCEPT CREDIT CARDS: ® Yes ❑ No CREDIT CARD PROCESS: Call to pay with approved invoice MAXIMUM PERCENTAGE INCREASE: 2 ND YEAR - 6% 3 RD YEAR - 6% 4 th YEAR - 6% 5 th YEAR - 6% RESPONSE TIME: Normal - 24 hrs or NBD whichever sooner Emergency during std hours - 4 hours Emergency after hours /holidays - 4 hours Emergency Operation Events: Critical Service - within 4 hours Non - Critical Service - 24 hrs or NBD whichever sooner * *Response timeframes shall begin at the time the CITY first notified the CONTRACTOR by telephone. ** CONTRACTOR TO FURNISH ALL NEW EQUIPMENT WITH THE ESTABLISHMENT OF THIS AGREEMENT PURCHASING REQUIREMENTS 1) If the Department chooses to encumber funds the department shall enter a requisition with estimated dollars for issuance of a Blanket PO. 2) Supervisors shall verify contract rates on all invoices prior to authorizing payment of invoices. Item Description UOM Unit Price 1 Liquid Hydrogen Peroxide Gal $3.56 2 Liquid Ferrous Sulfate Gal $0.80 Exhibit A to Agreement #R2010107 Page 10 of 17 LIQUIDATED DAMAGES D. The CITY and the CONTRACTOR mutually agree response time compliance and performance compliance are critical and failure to provide service in accordance with this Agreement and Exhibit A (Sections: Performance Requirements and Deficiency Reporting /Rectification Process) is a detriment to CITY services. Therefore, the CONTRACTOR agrees to credit the CITY for deficiencies not remedied or failure to complete work as assigned or designated in any Statement of Work. Deduction schedule for deficiencies will be made to the CITY, but not as a penalty, in accordance with the following: 3. Performance Deficiencies: Performance deficiencies are defined as failure to perform quality services for maintenance, repairs, or product delivery in accordance the Agreement's specifications, installation of inferior parts and materials, or labor performed by unknowledgeable or improperly trained staff. Deduction shall equal 10% of the service performed. Failure to correct the performance deficiency by the extended deadline shall result in an additional automatic deduction of twenty percent (20 %). The deduction(s) will reduce the CONTRACTOR's invoice and the CITY will pay according to the adjustment amount due. 4. Schedule Deficiencies: Deduction shall be automatic and in the amount of twenty percent (20 %) of the amount of work assigned for failure to maintain schedule, response times and /or completion timelines. Failure to complete the work assigned by the extended deadline shall result in an additional automatic deduction of ten percent (10 %). The deduction(s) will reduce the CONTRACTOR's invoice and the CITY will pay according to the adjustment amount due. E. The CITY reserves the right to cancel this AGREEMENT in its entirety should the CONTRACTOR fail to meet the response time or performance requirements five (5) times within any six (6) month period. F. DEFICIENCY REPORTING AND RECTIFICATION PROCESS 6. The City will fax a deficiency report to the designated supervisor the day the deficiency is reported. 7. Performance deficiencies reported by the City shall be rectified within one (1) calendar day or less from date and time the notice was sent via facsimile from the City Representative. 8. Schedule deficiencies reported by the City shall be rectified as directed by the City Representative. Failure by the Contractor to comply with the authorized rectification period shall result in additional deductions for non - performance. 9. Deficiency Rectification - Deficiencies shall be rectified within one (1) day or less from date and time the notice was sent via facsimile or emailed from the City Representative or as directed by the City Representative for schedule deficiencies. However, failure to rectify the deficiency within timeframe designated by the City shall result in an additional deduction from the invoice. Contractor shall be required to fax the notice to the City Representative indicating the deficiency has been rectified. The City will inspect and if the deficiency was rectified to the City's satisfaction and in accordance with the contract requirements the following will govern the resolution of the deficiency. SPECIFICATIONS /SCOPE OF WORK SULFIDE CONTROL SOLICITATION #R2010107 /CHEM - SULFCONT /1011 1) GENERAL SCOPE OF SERVICES a) Contractor shall be responsible for all labor, materials, equipment, transportation, tools, appliances, construction equipment, maintenance /repairs of all equipment, and all other facilities and incidentals necessary for the execution, testing, installation, initial operation, and continued performance of the dosing equipment and the accessories at the pump station and forcemain sites for the duration of the Agreement. Exhibit A to Agreement #R2010107 Page 11 of 17 b) The Contractor will be responsible for supplying complete odor and corrosion control services and shall include the following: i) Chemical storage and feed equipment, which shall include remote monitoring and control of all feed sites ii) Hydrogen sulfide monitoring services iii) Wastewater analysis (dissolved sulfides, residual peroxide, pH, temp., etc.) iv) Chemical inventory management v) Chemical feed rate optimization. The Contractor shall provide on -going optimization of chemical dosage rates. vi) Maintenance and repair of chemical dosing equipment. The Contractor will provide bi- weekly inspections of equipment and ensure equipment is working properly at all times. Monthy reports shall be provided to the City Representative by the 15th of the following month. The report shall be emailed to the City Representative. vii) Safety training. The Contractor shall provide annual safety training for specified Utility Department employees. viii) Assistance in managing and responding to citizen complaints. ix) Monthly chemical usage reports. The reports shall be provided to the City Representative, inclusive of the maintenance report, by the 15 of the following month. The report shall be emailed to the City Representative. c) Ownership of all equipment and appurtenances shall reside with the Contractor. d) TO BE FURNISHED BY CITY - The City shall be responsible for providing potable water, electricity, six foot (6') security fence, and a twelve foot by twelve foot (12'X12') gravel soak pad, twelve inches (12 ") below grade at each site. 2) CHEMICAL SPECIFICATIONS A) LIQUID HYDROGEN PEROXIDE i) Product shall be stabilized 50% solution, miscible with water or sewage, with the following chemical and physical properties: (1) Active Oxygen 23.5% (2) Specific Gravity 1.196 @ 20 degrees Celsius (3) Density 9.98 pounds per gallon @ 20 degrees Celsius (4) Freezing Point -52 degrees Celsius (5) Solubility Infinite b) LIQUID FERROUS SULFATE (1) Density (lbs. /gal) 9.6 -10 (2) Iron, Ferrous (Fe +2) 5 — 8% (3) pH 1.4 — 3.0 (4) Specific Gravity 1.16 — 1.26 (5) Heavy Metals (mg /L) (a) Arsenic <1.5 (b) Cadmium <1.5 (c) Chromium <45 Exhibit A to Agreement #R2010107 Page 12 of 17 (d) Copper <35 (e) Lead <15 (f) Mercury <.1 (g) Nickel <50 (h) Selenium <1.5 (i) Zinc <70 b) Liquid Ferrous Sulfate is a solution of ferrous sulfate heptahydrate dissolved in water. It is a blue -green solution when mixed with water. N FOR INSTALLATION b) LOCATIONS DELIVERIES / i) Deliveries shall be made by tanker truck to each designated storage tank location. All chemical deliveries are to be executed by the Contractor between the hours of 8 A.M and 5 P.M. ii) The City reserves the right to add locations to the awarded Agreement as deemed necessary by the City. Locations of current sites: Site # Site Name Location Tank Capacity 1 Master Pumping Facility 900 W Henry Street, Punta 3,000 Gallons Gorda, FL 33950 2 List Station 65 Education Avenue & Carmalita ' 3 000 Gallons Street, Punta Gorda, FL 33950 3 Wastewater Treatment Plant 30999 Bermont Road, Punta 3,000 Gallons Gorda, FL 33982 iii) Based on the results of the initial sulfide monitoring, the City and Contractor will mutually agree on feed locations, chemical, and dosage rates, in writing for each site selected. The Contractor will be responsible for: (1) Scheduling all deliveries; and (2) Ensuring tanks do not run out of product; and (3) To make certain the tanks are not overfilled. iv) Installation of dosing equipment will commence within thirty (30) calendar days of the initial sulfide monitoring program. The City will follow with a purchase order which details the required services. v) Installation of dosing equipment shall be completed within thirty (30) calendar days after the purchase order is issued. Chemical feeding will start immediately upon completion of the installations. vi) Where necessary the Contractor will coordinate and cooperate with the existing chemical and equipment provider to ensure a minimum ( <24 hours) of downtime in feeding chemicals. 2) EQUIPMENT a) CHEMICAL FEED SYSTEM i) All equipment supplied for this contract must be "new" at all treatment locations. The City's Representative will inspect all equipment provided and determine its condition for acceptability. However, the Contractor will be responsible for the equipment in terms of safety, Environmental and Regulatory compliance, expected reliability and effectiveness, appearance, and physical fit for the application. ii) All chemical feed systems as outlined below shall be in place and capable of a safe and effective operation within 30 days of award notification date. Exhibit A to Agreement #R2010107 Page 13 of 17 iii) CHEMICAL STORAGE TANKS: (1) For hydrogen peroxide and Iron solutions; tanks shall be of double wall construction, Tanks shall be constructed of polyethylene with special UV light stabilizers and no titanium or carbon based pigments (Phillips resin or eg.). The hydrogen peroxide tanks will be equipped with a 2" stainless steel fill line, aluminum quick connects, and a minimum 24" combined man way and vent. To avoid any leaks outside the secondary containment tank all tank penetrations will be through the top of the tank and properly sealed to prevent any substance from entering the tank. (2) Iron solution fill lines shall be made from schedule 80 PVC and include an Iron containment fill station to prevent and collect any potential leak or spill from contaminating the surrounding property. (3) Tank Level — Ultrasonic transducer with LED display and 4 -20 ma output for SCADA system monitoring. (4) All chemicals must be stored in tanks certified for the particular chemical used at the site and must meet all Local, State, and Federal regulations for the storage of chemicals; and shall display the proper signage. iv) PUMPS - Dual electronic metering pumps with an output range suitable to the application and a discharge pressure of 100 psi. All wetted parts are chemically compatible stainless steel, Teflon, or ceramic. The pumps shall be skid mounted inside a containment enclosure; a minimum of two metering pumps, both pumps shall have profiling capabilities to adjust to diurnal dosing patterns. Successful bidder will include a control panel capable of controlling the pump rate and containing the necessary remote telemetry equipment for operation and inventory management. Provide Internet customer access to inventory control and daily usage. v) PUMP ENCLOSURE - All pump and piping assemblies must be completely enclosed to prevent vandalism and tampering. The enclosure must include a drain (to wet well or soak pit) in case of a leak, and have a remote leak detection alarm. vi) PIPING, VALVES & FITTINGS - All materials for hydrogen peroxide shall be stainless steel (Sch. 80 PVC for iron systems) with Teflon or viton seals and 0- rings. Vented ball valves are required to prevent internal pressure buildup, and pressure relief valves shall be anywhere chemical could be trapped. Each system is designed with antisiphon, check valves, calibration cylinders and a pressure gauge. Iron systems also include filtering of product with in line basket straining for easy dismantle and cleaning. vii) WIRING — All wiring and electrical work related to the chemical feed system shall be performed in accordance with the National Electrical Code. All motors and controls shall be rated for outdoor use and totally enclosed in adequately rated NEMA enclosures. Each pump shall be wired for 110v AC /5 AMP and provided with a separate operational control system. The pump operation shall include both automatic and manual control. Each pump shall include a 4 -20 ma input for remote control and monitoring from the SCADA System. Both the contractor and the City shall be able to remotely monitor and control the feed systems. viii) ELECTRICAL SUPPLY - The City shall be responsible for installation of all electrical supply lines to the dosing equipment, including conduit and connection to the Contractor's electrical source. All work performed must be completed by a qualified electrician. ix) CALIBRATION CYLINDER — Chemical feed system shall include a calibration tube used for measuring pump output. x) DOSE LINE — The chemical line to the injection point shall be constructed of 316 - Stainless Steel for hydrogen peroxide and schedule 80 PVC for iron systems.. The corporation stop, check valve, and quill necessary for injection into pressurized mains will be provided by the Contractor. Any feed points that require force main injections shall be tapped by the City. Exhibit A to Agreement #R2010107 Page 14 of 17 (1) Some chemical injection sites may require lengthy (over 20 linear feet) dose lines and force main injection. In these instances, the City will provide the dose line and the necessary fittings. (2) The City shall provide; utility line locations; dose line trenching, force main excavation, tapping saddle, and a 2 -inch isolation valve reduced to 1 -inch NPT. xi) EYEWASH /SHOWER — The Contractor shall provide safety eyewash /shower capable of providing sufficient emergency water with a hose bib attachment. 3) MAINTENANCE OF EQUIPMENT The Contractor is responsible for maintenance of all equipment and shall maintain all the chemical storage and dosing equipment. Major and preventative maintenance shall be carried out on an on -going basis. Repairs or equipment modifications shall be noted in the monthly report. 4) ELECTRONIC MONITORING The Contractor shall have the capability to remotely monitor tank level, loss of power, leak detection, loss of pressure and low chemical levels at each site. Additionally, the Contractor shall provide equipment that is either compatible with the City's SCADA system or provide an Internet based remote monitoring system for the City for each application site. The City currently has SCADA monitoring at some of the sites. Where SCADA monitoring does not exist (Lift Station #65 and any new sites) electronic equipment, including remote telemetry units shall be provided by the Contractor. Thereby, at a minimum, allowing the City to have the same capability as the Contractor in monitoring the feed systems. 5) INITIAL SULFIDE MONITORING a) Upon authorization by the City, the Contractor shall conduct an initial sulfide survey throughout the City's Wastewater Collection System. b) System monitoring shall consist of measurement of hydrogen sulfide (H2S) gas in the air, and the total sulfide concentration in the wastewater. c) Monitoring shall be performed for a minimum three (3) day period with total sulfide measurements taken every four (4) hours between 8:00 a.m. and 6:00 P.M. d) Total Sulfide measurement shall be performed at a minimum of six (6) and a maximum of twelve (12) selected locations in the collection system. e) At each location, a minimum of three (3) total measurements will be made on a daily basis for three (3) consecutive days. f) Warm Weather — Every effort should be made to conduct the monitoring during warm, dry weather periods to provide representative samples. The Contractor shall be responsible for providing initial sulfide monitoring at sites determined by the City. g) Results of the Initial Sulfide Monitoring Program shall be submitted to the City. i) The report shall summarize the results of the monitoring program and discuss the significance of the monitored parameters. ii) Should sulfide control be necessary, the report shall recommend the dosing level for H202 addition, predict the % reduction in the sulfide level, and make recommendation for optimum control and cost saving. h) During the course of this Agreement it will be necessary to perform periodic sulfide surveys to optimize chemical dose rates or application points. This service is recognized and is included with the Contractor's price. Exhibit A to Agreement #R2010107 Page 15 of 17 6) SAMPLES a) All samples collected for analysis will be grab samples. Acceptable methods of analysis are listed below: PARAMETER Hydrogen sulfide, mg /L Method 4500 -8'D as described in Standard Methods for the Analysis of Water & Wastewater, 17th Edition (Lamotte Kit) Residual H202 H202 Residual as mg /L, Merck Quantofix Strips Hydrogen Sulfide in air, ppm Odalogger H2S measurement & recorder Wastewater Temperature NBS calibrated thermometer pH HACH portable meter, or equal 7) EQUIPMENT INSTALLATION, START - UP & OPTIMIZATION a) The existing equipment and appurtenances will be required to be removed by the City's existing contractor. The installation and start up schedule shall be strictly adhered to and coordinated with the City. b) Equipment installation and start-up is the responsibility of the Contractor. Dosing levels are to be established and mutually agreed upon, that will provide the required level of sulfide control as discussed in the Initial Sulfide Monitoring Report. i) All materials shall be new except as otherwise provided in the Contract documents. ii) Dosing levels are to be established that will provide the required level of sulfide control, and are supported by profiling of the waste stream(s) at issue. iii) The addition of PRI -SC Ferric Chloride, PRI -SC Hydrogen Peroxide, or Liquid Hydrogen Peroxide shall be done on an "as needed" basis and mutually agreed upon by the Contractor and the City's Representative. Every effort will be made to provide the most cost effective chemical application for each site. iv) The contractor shall monitor the tank levels on a daily basis and ensure that the tanks never run low enough to risk running out of product. v) The Contractor shall maintain all the chemical storage and dosing equipment. Major and preventative maintenance shall be carried out on an on -going basis. Repairs or equipment modifications shall be noted in the monthly report. 8) MONITORING, OPTIMIZATION & DATA ANALYSIS a) The initial sulfide survey cannot represent the changing conditions due to the seasonal variations or process changes within the system. Bi- weekly monitoring and sulfide profiling provide the data necessary to adjust dosing levels to assure optimum H2S control at minimum chemical costs. i) The Contractor shall monitor the City's system bi- weekly (twice per month) by collecting data to determine H2S levels, wastewater temperature, flow, pH, and residual peroxide (if no hydrogen sulfide is present). ii) This data shall be evaluated and monthly reports charting trends and showing control levels shall be prepared and submitted to the City. iii) Recommended changes in dosing rates to control changing conditions shall require the City Representative's written approva prior to any adjustments being made. Exhibit A to Agreement #R2010107 Page 16 of 17 b) After jointly reviewing the monthly monitoring data with the City Representative, the Contractor shall make the required chemical feed dosing changes, as approved by the City Represenative, to insure that system optimization is being achieved. 9) EMERGENCY RESPONSE a) Should an emergency exist at the pump station where the Contractor's equipment is in operation, the Contractor shall be notified by the City's Utility Department personnel. b) Upon notification, the Contractor shall immediately take all necessary actions to help resolve the situation. If required the Contractor will send a qualified technician to assist with the problem and the technician shall have a maximum of four (4) hours to arrive at the site. c) Contractor shall notify the City immediately following the incident to provide a summary of what work was accomplished to resolve the problem. 10) TRAINING Bidders shall include, in their price, the cost for travel to and from and one (1) day of safety training for City employees that are exposed to these chemicals on an annual basis. This training shall comply with "Hazard Communication -Right to Know" regulations and thoroughly cover the Material Safety Data Sheets for every chemical provided under this agreement. Exhibit A to Agreement #R2010107 Page 17 of 17 EXHIBIT B PROPOSAL FROM EVOQUA WATER TECHNOLOGIES LLC. DATED JANUARY 12, 2015 {00061389,1 306 - 9001821 { Page 6 Alibrandi, Julianne From: McCalla, David L <david.mccalla @evoqua.com> Sent: Monday, January 12, 2015 4:20 PM To: Alibrandi, Julianne Subject: Punta Gorda Peroxide contract Attachments: R2010107Agree.pdf Hi Julie, It was good talking to you on the phone today!! Per our discussion, attached is the Punta Gorda peroxide contract we discussed. Under the Manatee County contract that you are currently piggybacking, we visit the sites twice per month and the price for 50% hydrogen peroxide is $3.90 per gallon. Under the Punta Gorda contract the price is $3.56 per gallon and sites visits are once per month. However, we will install Link2site tank monitors on the tanks that will send us alarms that will let us know if the sites are under pumping or over pumping. This lets us know sooner if there is a problem and we'll have a quicker response time to correct the issue.. Please let me know if you have any questions or if I can be of any further assistance? Thank you again for your business, David McCalla Sales Representative Evoqua Water Technologies LLC 2650 Tallevast Road Sarasota, FL 34243 Office: 800 -345 -3982 Mobile: 352 - 804 -5706 Fax: 941 - 359 -7985 Email: david.mccalla @evoqua.com PLEASE NOTE THAT MY EMAIL ADDRESS HAS CHANGED. Home Page: www.evoqua.com Confidentiality Note: This e -mail message and any attachments to it are intended only for the named recipients and may contain confidential information. If you are not one of the intended recipients, please do not duplicate or forward this e- mail message and immediately delete it from your computer. 1 1 1 RESOLUTION NO. R15 -022 ltl A RESOLUTION OF THE CITY OF BOYNTON BEACH, P FLORIDA, APPROVING THE PIGGY - BACKING OF THE CITY OF PUNTA GORDA AGREEMENT NO. 201010 /CHEM- SULFCONT WITH EVOQUA WATER TECHNOLOGIES FOR THE PURCHASE OF HYDROGEN PEROXIDE; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; 1 PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, on December 15, 2014, the City Commission approved a one year I 1c piggy -back of the Manatee County Agreement with Evoqua Water Technologies for the 1 purchase of Hydrogen Peroxide at $3.90 per gallon: and 1. WHEREAS, the Procurement Department was contacted by the Account Executive 1. from Evoqua Water Technologies who presented the opportunity to piggy -back the City of 11 Punta Gorda's agreement with Evoqua Water Technologies for the purchase of hydrogen I' 1: peroxide at the rate of $3.56 per gallon: 1 WHEREAS upon recommendation p t>on of staff, the City Commission has determined , i 21 that it is in the best interests of the residents of the City to approve an Agreement piggy- 2 ++i backing the City of Punta Gorda Agreement No. 201010 /Chem - Sulfcont with Evoqua 2 ' Water Technologies for the purchase of Hydrogen Peroxide. 2i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2: THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2: Section 1. Each Whereas clause set forth above is true and correct and 2 incorporated herein by this reference. i 2� Section 2. The City Commission hereby approves an Agreement piggy- backing 2 the City of Punta Gorda Agreement No. 201010 /Chem - Sulfcont with Evoqua Water C \ Users \Pramrtoj\Appdata\ Local \Microsoft\Windows \Temporary Internet Files \Content IE Backing_ Punta_Gorda(Hydrogen_Peroxidel Re+o Doc 1 Technologies for the purchase of Hydrogen Peroxide and authorizes the Mayor and City 2 Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A ". 3 Section 3. That this Resolution shall become effective immediately. 4 PASSED AND ADOPTED this 2" day of March, 2015. 5 CITY OF BOYNTON BEACH, FLORIDA 6: 7 YES NO 3f Mayor — Jerry Taylor 1 1 ! Vice Mayor — Joe Casello 1 1: Commissioner — David T. Merker ✓ 1 1 • Commissioner — Mack McCray 11 1/ Commissioner — Michael M. Fitzpatrick t� 26 VOTE 5 2 2' ATTEST: 2c e n uit4:442) Al 2 M. Prainito, MMC 2 y Clerk 2: 2 s 3 • 3 on , e Seal) 3' ' -va X V : P 3,r0N 1 C \ Users \PratmtoJ\Appdata \Local \Microsoft \Windows \Temporary Internet Files \Content 1E5 \TJSA2KNN \Pegg}- Backtng_Panta_ Gorda _(Hydrogen_Peroxide)_ -_Reso Doc '4� ® CERTIFICATE OF LIABILITY INSURANCE D ATE(MM /DD /YYYY) 021012015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: PHONE Six PPG Place, Suite 300 INC. No. Ext): FAX No): Pittsburgh, PA 15222 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # . -- GAWU -15 -16 4760 WHALE INSURER A : Lexington Insurance Company 19437 National Uni on Fire Ins Co Pittsburgh 9 INSURER B h PA 19445 EWT HOLDINGS III CORP. INCLUDING EVOQUA WATER TECHNOLOGIES LLC INSURER C : New Hampshire Insurance Co. 23841 1451 E. NINE MILE ROAD INSURER D : HAZEL PARK, MI 48030 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CLE- 004029776 -49 REVISION NUMBER:4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM /DD/YYYY) (MM /DD /YYYY) A GENERAL LIABILITY 014180804 01/15/2015 01/15/2016 EACH OCCURRENCE $ 2,000,000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS - MADE X OCCUR MED E ( one person) $ N/A X SIR: $750,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY PRO LOC $ X PRo- B AUTOMOBILE LIABILITY CA3632394 (AOS) 01/15/2015 01/15/2016 COMBINED SINGLE LIMIT 5,000,000 (Ea accident) $ B X ANY AUTO CA3632395 (MA) 01/15/2015 01/15/2016 BODILY INJURY (Per person) $ B ALL OWNED SCHEDULED CA3632396 (VA) 01/15/2015 01/15/2016 BODILY INJURY (Per accident) $ AUTOS AUTOS X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB ^ CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ 1 Q WORKERS COMPENSATION WCO35808874 (AOS) 01/15/2015 01/15/2016 X WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY I IMITS ER ANY PROPRIETOR/PARTNER /EXECUTIVE SEE ATTACHED E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CITY OF BOYNTON BEACH IS HEREBY ADDITIONAL INSURED UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION CITY OF BOYNTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: RISK MANAGEMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. BOX 310 ACCORDANCE WITH THE POLICY PROVISIONS. BOYNTON BEACH, FL 33425 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee A . Q I.2 JKA.4 .1. © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: . LOC #: Pittsburgh -, AR o ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. EWT HOLDINGS III CORP. INCLUDING EVOOUA WATER TECHNOLOGIES LLC POLICY NUMBER 1451 E. NINE MILE ROAD HAZEL PARK, MI 48030 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance FORMERLY SIEMENS WATER TECHNOLOGIES ADDITIONAL WORKERS COMPENSATION POLICIES: POLICY NUMBER: WCO35808875 STATE(S) COVERED: IL, KY, NC, NH, UT, VT INSURER: NEW HAMPSHIRE INSURANCE CO. EFFECTIVE AND EXPIRATION DATES: 1/15/2015 - 1/15/2016 POLICY NUMBER: WCO35808876 STATE(S) COVERED: NJ, PA INSURER: NEW HAMPSHIRE INSURANCE CO. EFFECTIVE AND EXPIRATION DATES: 1/15/2015 - 1/15/2016 POLICY NUMBER: WCO35808877 STATE(S) COVERED: AZ, VA INSURER: NEW HAMPSHIRE INSURANCE CO. EFFECTIVE AND EXPIRATION DATES: 1/15/2015 - 1/15/2016 POLICY NUMBER: WCO35808878 STATE(S) COVERED: CA INSURER: NEW HAMPSHIRE INSURANCE CO. EFFECTIVE AND EXPIRATION DATES: 1/15/2015 - 1/15/2016 POLICY NUMBER: WCO35808879 STATE(S) COVERED: MA, ND, OH, WA, WI INSURER: NEW HAMPSHIRE INSURANCE CO. EFFECTIVE AND EXPIRATION DATES: 1/15/2015 - 1/15/2016 POLICY NUMBER: WCO35808880 STATE(S) COVERED: FL INSURER: ILLINOIS NATIONAL INSURANCE COMPANY EFFECTIVE AND EXPIRATION DATES: 1/15/2015 - 1/15/2016 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD