City of Tolleson Wastewater Treatment Plant INVITATION FOR BIDS SOLICITATION INFORMATION AND SCHEDULE Solicitation Title: FY 17-18 – Polymer Release Date: May 11, 2017 Prospective Bidders’ Conference: Not applicable for this solicitation. Bid Deadline: June 9, 2017 11:00 a.m. (local-time, Phoenix, Arizona) City Clerk’s Office 9555 West Van Buren Street Tolleson, Arizona 85353 Final Date for Inquiries: May 30, 2017 Bid Opening: June 9, 2017 2:00 p.m. (local-time, Phoenix, Arizona) City Representative: David Tyler [email protected] 623-478-8722 Procurement Administrator: Inez Babchuk [email protected] 623-936-2711 Competitive sealed Bids for the Materials specified herein will be received by the City Clerk at the City Clerk’s Office, 9555 West Van Buren Street, Tolleson, Arizona 85353 until the date and time referenced above (the “Bid Deadline”). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids shall be in the actual possession of the City Clerk on, or prior to, the Bid Deadline date. Late Bids shall not be considered. Bids shall be submitted in a sealed envelope with the Solicitation Title and the Bidder’s name and address clearly indicated on the front of the envelope. * The City of Tolleson reserves the right to amend the solicitation schedule as necessary. DLT:dlt 2662343.3.1 5/5/2017 City of Tolleson Waste Water Treatment Plant ARTICLE I - DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: 1.1 “Bid” or “Offer” means a responsive bid submitted by a Bidder in response to this Invitation for Bids. 1.2 “Bid Deadline” means the date and time set forth on the cover of this IFB for the City Clerk to be in actual possession of the sealed Bids. 1.3 “Bid Opening” means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. 1.4 “Bidder” means any person or firm submitting a competitive Bid in response to this IFB. 1.5 “City” means the City of Tolleson, an Arizona municipal corporation. 1.6 “City Representative” means the City employee who has specifically been designated to act as a contact person to the City’s Procurement Administrator, and who is responsible for monitoring and overseeing the Vendor’s performance under the Contract and for providing information regarding details pertaining to the Contract. 1.7 “Contract” means, collectively, the (i) Bid, (ii) this IFB, including all exhibits, (iii) the Notice of Award, (iv) the Master Purchase Order(s) or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment. Alternate or optional bid items will become part of the Contract only if they are accepted by the City in writing. 1.8 “Invitation for Bids” or “IFB” means this request by the City for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Materials in compliance with the City’s Procurement Code. 1.9 “Procurement Administrator” means a City employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Vendors relating to their Invitation for Bids. 1.10 “Specifications” means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply, Materials or Services. The term may include a description of any requirements for inspecting, testing or preparing a supply or service item for delivery 1.11 “Total Price Delivered” means the total expenditure for a defined quantity of a commodity or service, including all applicable taxes, fees, surcharges, fuel charges, transportation, labor and equipment. 1.12 “Vendor” means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials by the City. DLT:dlt 2662343.3.1 5/5/2017 2 City of Tolleson Waste Water Treatment Plant ARTICLE II – PURPOSE; SPECIFICATIONS 2.1 Purpose; Scope of Work. The purpose of this Invitation for Bid (this “IFB”) is to secure a qualified Vendor to provide neat Polymer (the “Materials” or “Polymer) for use at the City’s Waste Water Treatment Plant (the “WWTP”) during fiscal year 2017-2018. Materials purchased under this IFB are primarily intended to be used to thicken primary and waste secondary sludge and to dewater anaerobically digested sludge at the WWTP. This City will only consider Bids for neat Polymer. The selected Vendor shall provide transportation, delivery of the Materials to the WWTP and removal of empty containers (the “Services”). The resulting Contract is intended to be an indefinite quantity and indefinite delivery contract for the Materials based on the City’s needs. The City does not guarantee any minimum or maximum amount of purchases will be requested by the City under this IFB. 2.2 Quality of Materials. Polymer shall be supplied in tote containers. Materials not meeting the Specifications as outlined in this IFB, if known at the time of delivery will rejected, at the sole expense of the Bidder and without any additional cost to the City. 2.3 Delivery of Materials. The quantity ordered per shipment will be determined by the City at the time the order is placed. Normal deliveries of Materials should be made within 72 hours from the placement of an order. In the event that product is required to satisfy an emergency need, the Vendor shall make every effort to deliver such quantities as may be necessary to satisfy an impending or immediate need. A. Time of Delivery. Vendor must have the ability and commit to delivering the Materials to the WWTP to sustain the City’s dewatering and thickening operations without interruption. Unless otherwise approved in advance, deliveries shall be made during the hours of 6:00 a.m. to 2:00 p.m., Monday through Friday. The City will not accept deliveries on Saturdays, Sunday or Holidays, or during off hours. If requested Vendor shall develop a delivery schedule to be followed during the term of the Contract. If the operational requirements of the WWTP dictate, the City may elect to change Vendor’s delivery schedule. Should Vendor be unable to comply with the delivery schedule, fail to keep the WWTP in a sufficient supply of the Materials, or not be able to supply the WWTP with an unexpected or emergency delivery within 24 hours (due to lapse in communication, manufacturing, transportation, or any other cause), then the City reserves the right, in its sole discretion to obtain materials from any source without waiving or voiding any of the terms and conditions of the Contract. B. Fuel Surcharges. Bidders should carefully consider any and all fuel costs to manufacture, transport and deliver the Materials and return totes or storage containers after use. These costs are considered an integral part of the Bid price. This City will not accept additional fuel surcharges during the term of the Contract. Vendor will be required to honor its Bid price for the term of the Contract, without price modification or additional fuel surcharges. C. Shipping, Receiving and Unloading. The Vendor shall supply all equipment necessary to ensure the safe delivery of the Materials. DLT:dlt 2662343.3.1 5/5/2017 3 City of Tolleson Waste Water Treatment Plant D. Rejection. The City reserves the right to refuse delay delivery or to limit the amount to be unloaded at the time of delivery. The City will not be liable to pay demurrage for any reason. Vendor shall deliver the Materials within a lead time of 72 hours of when the order is placed. The City shall have the right to reject, and not be charged for any quantity of product delivered to the site which is in excess of the quantity ordered. ARTICLE III – BID PROCESS; BID AWARD 3.1 Preparation of Bid. Bidders shall submit a Bid using their own forms and format. The only stipulation to format is that the Bid price and tax breakdown be provided on page one of the Bid and the exceptions taken, if any, be provided on page two of the Bid. A. Bidder Responsibilities. Bidders shall carefully examine the information, instructions and Specifications contained in this IFB and should be familiar with the WWTP and its chemical storage facilities. B. The Bidder shall include in the Bid, the product label information, the hazard classification and the Global Harmonized System Fact Sheet (GHSFS), [formerly known as the Material Data Safety Sheets – (MSDS)] for the Materials. C. The Bid shall include an exhibit, delineating the weight of the Materials in pounds per gallon and the formulas used by Bidder in converting the weight to gallons. D. The Bid shall include a statement indicating whether the return freight on tote containers is required to be paid by Bidder of the City. E. The Bid shall include a copy of the standard operating procedures for returning polymer tote bins, including restrictions, if any. F. The Bid shall include a statement describing the polymer containers required to fulfill orders, including construction and capacity (in gallons). G. The Bid shall include the minimum order requirements or other restrictions. H. Price Sheet. The price sheet shall be provided on the first page of the Bid and shall clearly show the total offering price in terms of - Price Per “Neat” Pound, not price per active pound. This shall be the Total Delivered Price, as defined above in Article I, Section 1.3. The price sheet shall include the following statement “This is the Total Delivered Price.” The price sheet shall also clearly show the breakout for all applicable tax and the tax rate for each. Any and all applicable taxes are included in the Total Delivered Price and said taxes will be paid by (Insert Company Name). I. Polymer Performance Testing and Evaluation. Each Bidder must schedule and complete the required Polymer Performance Testing, prior to submitting a Bid, and as specified per Part B, of Exhibit A, attached hereto. Bidder must complete the Testing no later than Friday, May, 26, 2017. Bidders must contact City staff member Beto Lucero at [email protected] or (623) 936-3381 to schedule a testing date. Dates will be assigned on a first come first serve basis. Testing will take place at the TWWTP located at 9501 West Pima Street, Tolleson, Arizona 85353. Failure to complete the Polymer Performance Testing by the deadline will result in the Bidder’s, Bid, being deemed non-responsive. Bidders must provide the following information to the City at the time of the Polymer Performance Testing, and in their Bid: (1) weight of each polymer product to be tested (in pounds per gallon), (2) percent activity of each polymer submitted and (3) a copy of the Global Harmonized System Fact Sheet (GHSFS), formerly known as the Material Data Safety Sheets – (MSDS)] for each polymer to be tested. By consenting to the Test, the DLT:dlt 2662343.3.1 5/5/2017 4 City of Tolleson Waste Water Treatment Plant Bidder agrees to all testing conditions, methods and procedures specified in this IFB, and attached hereto as Exhibit A. Any discrepancies, concerns, questions concerning Testing required herein must be presented to the City prior to the start of the Testing. Bidders are invited and encouraged to attend the testing of their polymer, but attendance is not required. 3.2 Bid Submittal. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed offer page by a person authorized to bind the Bidder shall be considered non-responsive. A. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. B. Address. All Bids shall be directed to the following address: City Clerk, City of Tolleson, 9555 West Van Buren Street, Tolleson, Arizona 85353. 3.3 Inquiries; Interpretation of Specifications; Scope of Work. A. Inquiries. Any question related to the IFB, including any part of the Specification, Scope of Work or other Contract documents, shall be directed to the Procurement Administrator whose name appears on the cover page of this IFB. Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the City will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the City. Any correspondence related to the IFB shall refer to the title, page and paragraph. However, the Bidder shall not place the IFB title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening. Any interpretations or corrections of the proposed Contract will be made only by addenda duly approved and issued by the City. The City will not be responsible for any other explanations or interpretations of the Contract Documents. B. Addenda. It shall be the Bidder’s responsibility to check for addenda issued to this IFB. Any addendum issued by the City with respect to this IFB will be available at: City of Tolleson City Hall, 9555 West Van Buren Street, Tolleson, Arizona 85353 City of Tolleson website at www.tollesonaz.org 3.4 Price. The price for the Materials shall be valid for any and all quantities ordered during the term of the Contract and shall not be subject to increase. Price shall be F.O.B at the WWTP and shall reflect the Total Delivered Price, including all applicable taxes, fees, surcharges, fuel charges, transportation, labor and equipment costs for the Materials, delivered and unloaded as describe herein. Bidder shall provide the Bid price in terms of Price Per “Neat” Pound. Bids submitted with terms of price per active pound or in other units will be considered non-responsive. 3.5 Exceptions. The City expects the awarded Vendor to conform to all of the conditions as specified in this IFB. The City, may, at its sole discretion, consider any Bid in which the Bidder has taken an exception, as non-responsive when such exception serves to alter or change a stipulation or condition of this IFB. The City reserves the right, in its sole judgment, to determine whether any exception taken by a Bidder, conforms to the Specifications and reserves the right to determine whether any exception taken is significant or insignificant and to proceed to make a decision that best serves the interests of the City. Any and all exceptions taken shall be clearly written, collectively, in a separate section of the Bid and shall be titled “EXCEPTION(S) TAKEN.” The Bid need only contain this section if an exception is taken. The absence of an “Exception Taken” section of the Bid will be interpreted to mean that no exceptions have been taken by the Bidder. DLT:dlt 2662343.3.1 5/5/2017 5 City of Tolleson Waste Water Treatment Plant 3.6 Method of Award. The successful Bidder will be determined on the basis of the lowest responsive and responsible Bid and other pertinent considerations as outline in this IFB, and attached hereto as Exhibit A. The City reserves the right to reject any or all Bids, to waive any informalities or irregularities, and award the Bid. After the Bid Opening, the results will be evaluated by City staff. City staff will make recommendation to the City Council concerning a vendor to supply the Materials. 3.7 Notice of Award. The City Council, upon considering the City staff’s recommendation to award a bid, will approve, deny or act as they deem in the best interest of the City. If the City Council concurs with and approves a recommendation to award the Bid, the successful Bidder will receive a notification letter from the Procurement Administrator. The letter will contain a blanket purchase order for fiscal year 2017-2018. Orders may be placed immediately by the Utilities Department upon issuance of an approved purchase order to the Vendor. ARTICLE IV – GENERAL TERMS AND CONDITIONS 4.1 Contract Period. The contract will be for a period of one year, beginning on July 1, 2017 and will automatically terminate on June 30, 2018. 4.2 Assignment; Delegation. No right or interest in this Contract shall be assigned or delegated by Vendor without prior, written permission of the City, signed by the City Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Contract by Vendor. 4.3 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the Materials or Services specified herein without the prior written approval of the City. The Vendor is responsible for performance under this Contract whether or not subcontractors are used. 4.4 Compensation. The City shall pay the Vendor for Materials delivered and accepted by the City at the rates set forth in the Price Sheet. The Vendor shall not commence any billable work or provide any Materials under this Contract until the Vendor receives an executed purchase order from the City. 4.5 Conflict of Interest. This Contract is subject to the provisions of ARIZ. REV. STAT. § 38-511. The City may cancel this Contract without penalty or further obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the City or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a Vendor to any other party of the Contract with respect to the subject matter of the Contract. 4.6 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Contract, the IFB, the Specifications/Price sheet, any City-approved Purchase Orders, invoices and the Vendor’s response to the IFB, the documents shall govern in the order listed herein. Notwithstanding the foregoing, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Contract (collectively, the “Unauthorized Conditions”), other than the City’s project-specific quantities, configurations or delivery dates, are expressly declared void and shall be of no force and effect. Acceptance by the City of any Purchase Order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Contract shall not alter or relieve Vendor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Contract. 4.7 Non-Exclusive Contract. This Contract is entered into with the understanding and agreement that it is for the sole convenience of the City of Tolleson. The City reserves the right to obtain like goods and Materials or Services from another source when necessary. DLT:dlt 2662343.3.1 5/5/2017 6 City of Tolleson Waste Water Treatment Plant 4.8 Cooperation; Dispute Resolution. The Vendor and City will cooperate closely in scheduling and resolving any service or product related issues. Should an unacceptable situation develop with respect to the Materials in the opinion of the Plant Superintendent, or there be a decline in the effectiveness of the Materials; the following steps will be followed by the City: the Plant Superintendent or his authorized representative shall notify the Vendor of the problem, giving the Vendor a reasonable period of time to correct the deficiency(s). For issues that do not critically impact the operations of the WWTP or hinder the compliance with a permit or regulation, then the Bidder shall have up to 10 calendar days (the “Cure Period”) to resolve the issue to the satisfaction of the WWTP Superintendent. For issues that critically impact the operations of the WWTP or hinder compliance with a permit or regulation, Vendor shall have 24 hours to resolve the issue. If the Bidder is unable or unwilling to correct the issue to the satisfaction of the WWTP Superintendent within the allotted time frame; then the City may obtain the Materials or Services from another vendor until such time as the noted issue is resolved. If the issue remains uncorrected at the end of the Cure Period, the City may terminate this Contract. 4.9 E-verify Requirements. To the extent applicable under A.R.S. § 41-4401, the Vendor, by submitting a Bid, warrants compliance, with all federal immigration laws and regulations that relate to its employees and compliance with the E-Verify requirements under A.R.S. § 23-214(A). Breach of the abovementioned warranty shall be deemed a material breach of this Contract between the City and the Vendor and the City may terminate the contract. The City retains the legal right to inspect the papers of the Vendor to ensure that the Vendor is complying with the above-mentioned warranty. 4.10 Agreement Subject to Appropriation. The City is obligated only to pay its obligations set forth in the Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the City’s then current fiscal year. The City’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the City concerning budgeted purposes and appropriation of funds. Should the City elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the City shall be relieved of any subsequent obligation under this Agreement. The parties agree that the City has no obligation or duty of good faith to budget or appropriate the payment of the City’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which the Agreement is executed and delivered. The City shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The City shall keep Vendor informed as to the availability of funds for this Agreement. The obligation of the City to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the City. Vendor hereby waives any and all rights to bring any claim against the City from or relating in any way to the City's termination of this Agreement pursuant to this section. 4.11 Payment and Method of Purchasing. Once the Bid is awarded, a purchase order may be issued at the time of the first order, and with each subsequent order, or there may be a blanket purchase order issued for the fiscal year at the beginning of the contract period. The total amount stated on each purchase order provided by the City shall be considered as a “Not to Exceed Amount.” Any dollar amount remaining on the purchase order after fulfilling previous orders may be used to place new orders unless the purchase order is closed by the City. Any dollar place on a new purchase order or dollar amount remaining on an existing purchase order shall not be misconstrued to as an obligation on the part of the City to place orders or make purchases up to the total amount stated on the purchase order. The City guarantees no minimum quantity will be purchased over the term of the contract. Payment will be made for individual shipments after receipt of a certified invoice from the Bidder. The invoice must show the amount charged for the product and the applicable tax amount as a separate item. 4.12 Taxes. The City is exempt from Federal Excise Tax, including Federal Transportation Tax. The Vendor agrees to comply with all provisions of the Arizona State Sales Tax Law and Compensation Use DLT:dlt 2662343.3.1 5/5/2017 7 City of Tolleson Waste Water Treatment Plant Tax Law and all amendments to the same. Vendor is required to charge any and all taxes as may be applicable, and include these taxes in their Bid Price. These taxes may include, but not limited to Federal, State, County, Local, Use and environmental taxes as may be applicable with respect to providing the goods, materials and/or services requested. Typically, in the State of Arizona, taxes for chemicals and related services include Transaction Privilege Tax (a.k.a. the local tax or city tax charged according to the location (city) at which the seller receives the order), county tax (Maricopa County) and state tax. Vendors should refer to the Arizona tax code for more information and current tax rates. Additionally, the Bidder must itemize and show these taxes on each invoice sent to the City for payment. 4.13 Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the performance of the Vendor, its officers, employees, agents, or any tier of Subcontractor in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 4.14 Applicable Law; Venue. This Contract shall be governed by the laws of the State of Arizona and any suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 4.15 Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the City and the Vendor. 4.16 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 4.17 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. 4.18 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 4.19 Entire Agreement; Interpretation; Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract. DLT:dlt 2662343.3.1 5/5/2017 8 City of Tolleson Waste Water Treatment Plant 4.20 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the City may offset from any money due to the Vendor any amounts Vendor owes to the City for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. B. Offset for Delinquent Fees or Taxes. The City may offset from any money due to the Vendor any amounts Vendor owes to the City for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 4.25 Insurance. A. General. 1. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to A RIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may result in termination of this Contract at the City’s option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect Vendor. The City reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but have no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. Additional Insured. [INTENTIONALLY OMITTED] 4. Coverage Term. All insurance required herein shall be maintained in full force and effect until the terms of this Contract are satisfactorily performed, completed and formally accepted by the City, unless specified otherwise in this Contract. 5. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Contract and in the protection of the City as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the City, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits DLT:dlt 2662343.3.1 5/5/2017 9 City of Tolleson Waste Water Treatment Plant provided to the City. Vendor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors. If any portion of this Contract is subcontracted in any way, Vendor shall execute written agreement(s) with its Subcontractors containing the indemnification provisions set forth in this subsection and insurance requirements set forth herein protecting the City and Vendor. Vendor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the City with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The City shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor’s responsibility to forward renewal certificates and declaration page(s) to the City 30 days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The City, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (i) Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Vendor’s insurance shall be primary insurance with respect to performance of the Contract. c. All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against City, its agents, representatives, officers, officials and employees for any claims arising out of Vendor’s performance under this Contract. d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. DLT:dlt 2662343.3.1 5/5/2017 10 City of Tolleson Waste Water Treatment Plant B. Required Insurance Coverage. 1. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the City, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. 2. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the Vendor’s performance under this Contract. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work adjunct or residual to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in performance under this Contract and shall also maintain Employers’ Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the City. DLT:dlt 2662343.3.1 5/5/2017 11 EXHIBIT A TO INVITATION FOR BIDS FY 17-18 - Polymer See following pages. DLT:dlt 2662343.3.1 5/5/2017 Polymer Performance Testing and Evaluation Per Article III, Section 3.1, (I) of the IFB, Polymer Performance Testing (“Performance Testing”) is required prior to submitting a bid, and must be completed by no later than Friday, May 26, 2017 for the Bidder’s polymer bid to be considered. Prospective polymer bidders should contact [email protected] , or call (623) 4788742 no later than Monday, May 22, 2017 to schedule a Performance Testing date. Jar testing is not required, but is an opportunity made available to prospective Bidders prior to the performance testing, and is on a first come first serve basis. I. JAR TESTING Jar testing is not Performance Testing. Performance Testing is discussed in Section B, below. Jar testing allows each prospective Bidder the opportunity to determine which of their polymer product(s) (Materials) to use in the Performance Testing. Prior to the date of the actual Performance Testing, each prospective Bidder will be afforded the opportunity to jar tests at the City of Tolleson Wastewater Treatment Plant (TWWTP). The City will provide the Bidder with samples of feed sludge from the various thickening and dewatering units, and a space in the laboratory to perform the jar tests. Any equipment, materials and apparatus necessary to perform jar testing shall be furnished by the Bidder, and brought to the TWWTP site on the day of jar testing. Jar tests are not required and is up to the discretion of each Bidder as to whether or not to perform such testing. To take advantage of this opportunity, bidders should contact [email protected] , or call (623) 478-8742 no later than Monday, May 22, 2017 to schedule a Jar Testing date. If scheduling Jar Testing, it is also incumbent upon the prospective Bidder to schedule a Performance Testing date, and to do so on or before the stated deadline for Polymer Performance Testing. As the operation of each thickening and dewatering unit is based on the needs of the treatment process, and may vary from day to day; no guarantee is made or implied that the conditions encountered on the day of jar testing, including but not limited to sludge quality, quantity or concentration will be duplicated on the date of the actual performance testing. II. POLYMER PERFORMANCE TESTING A. General Information Bidders shall furnish at their sole cost and expense, a sufficient supply of product [e.g. either, in buckets having a nominal size of five gallons or in tote bin(s)] to conduct the Polymer Performance Testing. A minimum of fifteen (15) gallons of polymer is suggested to conduct the testing at the three (3) unit locations onsite at the TWWTP. Each Bidder is required and responsible for disposing of any leftover polymer after the Testing is completed. The City will not be responsible for lost, stolen, returned, misdirected or missing shipments of the Bidder’s product to the WWTP. Each Bidder is solely responsible for the preservation of their product integrity and the security for any and all of their products brought to or delivered to the TWWTP. All aspects of the Polymer Performance Testing, except as may be noted in the Polymer Performance Testing Procedures section of Exhibit A will be conducted by TWWTP personnel. During the performance testing of the Bidder’s Polymer, TWWTP personnel will operate and control all solids handling equipment at each thickening and dewatering location, and will make any and all adjustments such setting belt tension, as applicable. These adjustments include but are not limited to belt speed/drum speed, water dilution, sludge feed rates, polymer feed rates, recording performance data, and collecting and controlling all samples. Bidders are welcome and encouraged, but not required. to be present and observe the Performance DLT:dlt 2662343.3.1 5/5/2017 A-5 Testing of their polymer(s). During the performance testing, Bidders will be allowed to suggest adjustments of dilution water and polymer feed settings. However, the plant operator, prior to making any adjustments requested or suggested by the Bidder, will first make a visual observation to ascertain whether such adjustment is conducive to maintaining the TWWTP’s customary and characteristic operation for each unit. Achieving any adjustment(s) suggested by the Bidder, and the ability to achieve any adjustment is up to the sole discretion of TWWTP personnel at the time of testing, and whose decision is final. The City is not obligated to provide dilution water beyond the capabilities that presently exists at any of thickening/dewatering units (Gravity Belt Thickener, Belt Filter Press or Rotating Drum Thickeners) or is otherwise deemed unsustainable, impractical or undesirable as judged solely by TWWTP personnel at the time Performance Testing is conducted. Technical adjustments at each thickening/dewatering unit, and the accuracy thereof, such as obtaining and operating any of the units at a sustained, and specific percent solution of polymer are not part of the TWWTP’s customary operation, and therefore, is not guaranteed. Adjustments may be limited to unquantified or non-empirical adjustments, such as “a little more” or “a little less” water or polymer, as applicable. For units having a numeric display of the dilution rate, the accuracy of the reading is not guaranteed, nor is achieving or sustaining the operation of the unit at a specific percent dilution. Performance Testing will be limited to a maximum of 60 minutes, at each thickening/dewatering location, barring any malfunctions or failures of TWWTP equipment or devices deemed essential by TWWTP personnel to conducting the Performance Testing. Bidders will be allowed to bring field testing device(s) for their personal use in analyzing percent moisture and/or Total Suspended Solids (TSS) during the Performance Testing. The use of any data obtained by the Bidder from their device(s) is strictly limited to serve as an aid to the Bidder in making recommendations or suggestions for optimizing feed polymer and water dilutions during the performance testing. The Bidder’s use of said data for any other purpose is strictly prohibited, and such data is summarily considered null and void by the City. Only the percent solids and TSS results from samples collected by TWWTP personnel, under a chain of custody authorized and completed by TWWTP personnel, and which is analyzed by the TWWTP laboratory (#AZ0418), or by another laboratory certified by the Arizona Department of Health Services (ADHS) as may appointed by the City, shall be utilized by the City in determining the official result of each Performance Test. Based on sludge production data for calendar year 2016 (January 1, 2016 through December 31, 2016) an overall, estimated, total daily average of 11.0 dry tons of sludge was processed through the thickening and dewatering equipment at TWWTP. This amount was computed by adding the estimated, daily average sludge production from each thickening and dewatering location. During that period an estimated, average 1.8 dry tons of sludge per day was processed through the Gravity Belt Thickener (BT), and an estimated, average 5.4 dry tons of sludge per day was processed through the Rotary Drum Thickeners (RDTs), and an estimated, average 3.8 dry tons of sludge per day was processed through the Belt Filter Presses (BFPs). These sludge production estimates, including the total estimated, average daily sludge production of 11.0 dry tons were computed from daily operating averages of the thickening and dewatering equipment, and are shown in Tables A1.1, A1.2, and A1.3 (below, in this section). The Polymer Performance Testing seeks to determine individual polymer performance at each unit location by quantifying the amount of sludge feed (in dry tons), and the amount of polymer required (in lbs) to thicken/dewater the sludge. The capture rate is also measured and used in the calculation that determines cost of polymer per ton of dry solids for each unit location. The cake, percent solids is also measured, and is an important aspect to the operation at each unit location. Cake solids are not factored into the formula for determining the overall polymer cost per ton of dry solids. During the Polymer Performance Testing the WWTP operator will seek to stabilize the operation of the thickening/dewatering equipment using the Bidder’s polymer. Stabilization of the unit’s operation is considered as having been achieved when the unit operates for several minutes (a minimum of five (5) minutes, but longer DLT:dlt 2662343.3.1 5/5/2017 A-6 if deemed appropriate by the TWWTP Operator) at the normalized operation, without need for further adjustments. The normalized operation is one that achieves the customary, characteristic and sustainable operation of a thickening/dewatering unit (i.e. the Gravity Belt Thickener, the Belt Filter Press, or the Rotating Drum Thickener), and is the sole judgment of the City (TWWTP Operator) at the time Polymer Performance Testing is conducted. The term “customary” refers to the manner, in which the City (TWWTP personnel) normally operate, or is accustomed to operating each thickening/dewatering unit, and is irrespective of the operation and objectives of thickening/dewatering units at other facilities. The term “characteristic” refers to the normal operating performance of a thickening/dewatering unit at the TWWTP, and is based on the visual observations of the TWWTP operator, alone. The term “sustainable” refers to the TWWTP operator’s judgement that the stabilized operation of a thickening/dewatering unit has been achieved, and is reasonably expected to continue to operate in the normal and acceptable manner, at the given settings, without further adjustment being needed. Once the operation is stabilized, the WWTP operator will collect the samples (sludge feed, filtrate, and cake) from the unit, and perform the timed polymer drawdown (recorded in ml/min), record sludge feed (in gpm), and any other pertinent data. Based on sludge production data from January 1, 2016 through December 31, 2016, an overall average 11.0 dry tons per day of sludge was processed through all thickening and dewatering equipment at WWTP. This amount is derived as a proportion of the amount of sludge processed through the thickening and dewatering processes, combined. That figure is based on an average of 1.8 tons of sludge per day was processed through the Gravity Belt Thickener (BT), and an average of 5.4 tons of sludge per day was processed through the Rotary Drum Thickeners (RDT), and an average 3.8 tons of sludge per day was processed through the Belt Filter Press (BP). These are the figures used by the City in the calculation (the formula) for determining the estimated, overall polymer cost. The formula is further explained in Section C, below. Table A 1.1 Belt Thickener Sludge Production (Estimated) Sludge Feed 300 gpm Average Run Time 2.9 hrs. per day Percent Solids. .8120 % or 8,120 mg/l Lbs. Dry Solids 3,522 lbs. = (MGD) x (8.34) x (mg/l) (.052) x (8.34) x (8,120) Tons Dry Solids 1.8 tons = (Lbs. Dry Solids divided by 2,000) (3,522 / 2,000) Table A 1.2 Belt Filter Press Sludge Production (Estimated) Sludge Feed 100 gpm Average Run Time 4.5 hrs. per day Percent Solids 3.4 % or 34,000 mg/l Lbs. Dry Solids 7,656 lbs. = (MGD) x (8.34) x (mg/l) (.027) x (8.34) x (34,000) Tons Dry Solids 3.8 tons = (Lbs. Dry Solids divided by 2,000) (7,656 / 2,000) DLT:dlt 2662343.3.1 5/5/2017 A-7 Table A 1.3 Rotary Drum Thickener Sludge Production (estimated) Sludge Feed 100 gpm Average Run Time 12 hrs. per day Percent Solids 1.8 % or 18,000 mg/l Lbs. Dry Solids 10,809 lbs. = (MGD) x (8.34) x (mg/l) (.072) x (8.34) x (19,000) Tons Dry Solids 5.4 tons = (Lbs. Dry Solids divided by 2,000) (10,809 / 2,000) B. Performance Testing Procedures 1. Belt Filter Press (BP) a) Stabilize Belt Filter Press Operation i. Put prospective Bidder’s polymer on line ii. Adjust belt tension for best operation iii. Adjust belt speed for best operation (about 35 rpm) iv. Adjust sludge feed to maintain a full load onto the belt press (typically, about 100 gpm) v. Adjust dilution water and polymer dosage to achieve a dilution factor that is satisfactory to the Bidder to the extent possible for the conditions at the time and location. Stabilized operation of the BP typically has a dewatered cake discharge of about 16% (+/- 2% cake solids), with cake furrows forming at about half to two-thirds of the way down the belt, with said cake furrows discharging by dropping off in sheets, as opposed to sticking to the belt or washing out. After the adjustments in items i-v, above, have been completed, and the best operation has been achieved, as agreed by the Bidder (if present), and the discharge cake is observed to be in the normal operating range, (or as close thereto as possible) as determined by the City (WWTP Operator), the WWTP Operator will then proceed to collect the samples from the unit, and perform a timed polymer drawdown. Note: Stabilized operation should be sustained for 5 minutes, minimum; or longer if the WWTP Operator suspects current settings may not sustain a stabilized operation. b) Collect Samples and Perform a Drawdown i. Collect filtrate sample ii. Collect sludge feed sample iii. Collect discharge cake sample iv. Perform a Timed Polymer Drawdown at the calibration column and record the polymer usage rate in (mls/min) DLT:dlt 2662343.3.1 5/5/2017 A-8 v. Record sludge flow using the magnetic flow meter installed on the sludge feed line at the pump. 2. Gravity Belt Thickener (BT) a) Stabilize Gravity Belt Thickener Operation i. Put prospective Bidder’s polymer on line ii. Adjust belt tension for best operation iii. Adjust belt speed for best operation (N/A, adjustment wheel in fixed position) iv. Sludge feed will be adjusted to maintain a full load onto the belt thickener. (typically, about 300 GPM) v. Adjust dilution water and polymer dosage to achieve a dilution factor that is satisfactory to the Bidder to the extent possible for the conditions at the time and location Stabilized operation of the BT typically has a thickened discharge cake of about 6% (+/- 2% cake solids), with cake furrows formed at about half to two-thirds of the way down the belt, with said cake furrows discharging by dropping off as opposed to sticking to the belt or washing out. After the adjustments in items i-v, above, have been completed, and the best operation has been achieved, as agreed by the Bidder (if present), and the discharge cake is observed to be in the normal operating range, (or as close thereto as possible) as determined by the City (WWTP Operator), the WWTP Operator will then proceed to collect the samples from the unit, and perform a timed polymer drawdown. Note: Stabilized operation should be sustained for 5 minutes, minimum; or longer if the WWTP Operator suspects current settings may not sustain a stabilized operation. b) Collect Samples and Perform a Drawdown i. Collect filtrate sample ii. Collect sludge feed sample iii. Collect discharge cake sample iv. Perform a Timed Polymer Drawdown at the calibration column and record the polymer usage rate in (mls/min) v. Record sludge flow using the magnetic flow meter installed on the sludge feed line at the pump. 3. Rotary Drum Thickener (RDT) a) Stabilize Rotary Drum Thickener Operation i. Put prospective Bidder’s polymer on line ii. Adjust drum speed for best operation (about 4 on the adjustment dial) iii. Sludge feed will be adjusted to maintain the normal loading to the RDT, and primary thickened sludge pump (typically, a feed rate to the RDT of about 100 GPM, and a discharge pressure at the primary thickened sludge pump of about 40~60 psi). DLT:dlt 2662343.3.1 5/5/2017 A-9 iv. Adjust dilution water and polymer dosage to achieve a dilution factor that is satisfactory to the Bidder to the extent possible for the conditions at the time and location Stabilized operation of the RDT typically has a thickened discharge cake of about 6% (+/- 2% cake solids), which is typically characterized by a primary thickened sludge pump discharge pressure between 40 to 60 psi. After the adjustments in items i-iv, above, have been completed, and the best operation has been achieved, as agreed by the Bidder (if present), and the discharge cake is observed to be in the normal operating range, (or as close thereto as possible) as determined by the City (WWTP Operator), the WWTP Operator will then proceed to collect the samples from the unit, and perform a timed polymer drawdown. Note: Stabilized operation should be sustained for 5 minutes, minimum; or longer if the WWTP Operator suspects current settings may not sustain a stabilized operation. b) III. Collect Samples and Perform a Drawdown i. Collect filtrate sample ii. Collect sludge feed sample iii. Collect discharge cake sample iv. Perform a Timed Polymer Drawdown at the calibration column and record the polymer usage rate in (mls/min) v. Record sludge flow using the magnetic flow meter installed on the sludge feed line at the pump. OVERALL POLYMER COST DETERMINATION AND EVALUATION OF BIDS At the TWWTP, sludge is conditioned with polymer for thickening at the Rotary Drum Thickener (RDTs), the Gravity Belt Thickener (BT), followed by anaerobic digestion, then conditioned again with polymer and finally dewatered at the Belt Filter Presses (BFPs). The estimated amount of sludge produced at each of these unit locations is shown in Tables A1.1, A1.2 and A1.3, of this Exhibit A. These amounts are based on the average daily runtime (in hours), the average percent solids of the sludge feed, and average daily feed rate (in gpm) for each thickening/dewatering unit location over the previous calendar year (January 1, 2016 through December 31, 2016). During that time period the TWWTP processed with polymer an 11.0 dry tons of sludge per day, estimated, annualized, total daily average. The City deems it expedient to compare the Polymer Bids based on the overall cost of each Bidder’s Polymer to process one ton of the 11.0 dry tons of solids processed on a daily basis. This method requires the actual cost of each Bidder’s polymer (per dry ton solids) be determined at each thickening/dewatering location, and for those costs to be proportioned to the amount of sludge processed overall. The following formula provides this proportioning of the cost to the overall amount of sludge processed, and yields the overall aggregate cost of a Bidder’s polymer to process one ton of dry solids (Overall Polymer Cost): Overall Polymer Cost (per dry ton) = (RDT$ x 5.4 tons) + (BT$ x 1.8 tons) + (BP$ x 3.8 tons) 11.0 tons Where: DLT:dlt 2662343.3.1 5/5/2017 A10 RDT$ - The actual cost of the Bidder’s polymer (in dollars), per ton of dry solids, as obtained from the 2017 performance testing at the Rotary Drum Thickener (RDT) BT$ - The actual cost of the Bidder’s polymer (in dollars), per ton of dry solids, as obtained from the 2017 performance testing at the Gravity Belt Thickener (B.T.) BP$ - The actual cost of the Bidder’s polymer (in dollars), per ton of dry solids, as obtained from the 2017 performance testing at the Belt Filter Press (BFP) The average sludge production for the 2016 calendar year (January 1, 2016 through December 31, 2016) was: 5.4 (Average dry tons of sludge per day produced at the Rotary Drum Thickener) 1.8 (Average dry tons of sludge per day produced at the Belt Thickener) 3.8 (Average dry tons of sludge per day produced at the Belt Filter Press) 11.0 (Average, total dry tons of sludge per day treated with polymer) The Overall Polymer Cost formula provides a single figure (in dollars/dry ton) for each responsive Bidder. The actual polymer cost (in dollars/dry ton) of a Bidder’s polymer as determined from the performance testing at each thickening/dewatering location, is entered into the numerator of the formula, as applicable. The function is then carried out to provide the Overall Polymer Cost (in dollars/dry ton), for each responsive Bidder. These costs (the actual polymer cost, and the overall polymer cost) are not determinable until after the bid opening and the Total Delivered Price (TDP) for each polymer is known. Therefore, after the bid opening the City will determine the actual, and overall polymer costs (in dollars/dry ton) of each responsive Bidder’s polymer, whose determination are final. The successful Bidder will be determined on the basis of the overall, lowest responsive and responsible bid and other pertinent considerations. The City of Tolleson reserves the right to reject any or all Bids, to waive any informalities or irregularities in the Bids received, and to award the Bid which in the City’s sole judgment best serves the interests of the City. Only one Vendor (Bidder) will be selected to supply polymer for the thickening and dewatering operations at the City of Tolleson WWTP for FY 2017~18. This includes all polymers necessary to operate the rotary drum thickeners (RDTs), the Gravity Belt Thickener (BT), and the Belt Filter Presses (BFPs). DLT:dlt 2662343.3.1 5/5/2017 A11
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