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HomeMy Public PortalAbout028-2023 - Polydyne - to supply and deliver polymer AGREEMENT THIS AGREEMENT made and entered into this 2q day of fel o 6.4 OVA, 2023, by and between the City of Richmond, Indiana, a municipal corporation acting by and trough its Board of Sanitary Commissioners (referred to as the "City"), and Polydyne, Inc., One Chemical Plant Road,Riceboro, GA 31.323 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for supplying and delivery of Polymer for use by the Sanitary District for a period beginning as of the execution of this Agreement through December 31, 2023, with options to renew for 2024 and 2025. A Request for Quotes, as well as specifications, have been made available for inspection by Contractor, is on file in the office of the Department of Sanitation for the City of Richmond, to which Contractor responded, which is attached hereto and incorporated by reference herein as Exhibit"A". Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.E. § 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor at the rates indicated in Exhibit "A". Specifically, the compensation for the products and services described herein shall be as follows: 2023: $1.68 per pound of Polymer (Neat); $3,864.00 per 2,300 pound tote of Polymer 2024: $1..77 per pound of Polymer (Neat); $4,071.00 per 2,300 pound tote of Polymer 2025: $1.87 per pound of Polymer (Neat); $4,301.00 per 2,300 pound tote of Polymer Contract No. 28-2023 I • SECTION IV, TERM OF AGREEMENT This Agreement shall become effective on when signed by all of the parties hereto and shall. continue in effect until in effect to an including December 31, 2023. The City shall have the option to renew this Agreement according to the prices set forth in Section 111 for years 2024 and 2025. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in pail, for cause, at any time by giving at least thirty (30) days written notice specifying the effective date and the reasons for termination which shall include but not he limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of.funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated, This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, the City shall he required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein, SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall he construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage limits A. Worker's Compensation & Statutory 2 Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section I. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence F. Comprehensive Umbrella Liability $1„000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance S,I.,000,000 each occurrence $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION 'VIE COMPLIANCE WITH INDIANA [-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana F-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana L-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ art unauthorized alien in accordance with IC 22-5-1.7-H (a) (2). In the event Contractor violates 22-5-1..7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that (.,:ontractor is not engaged in, investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which. to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in [ran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. in the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION XI. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestiy. 13. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work, under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any. person acting on behalf of Contractor or any sub-contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; X 1. That there may be deducted from the amount payable to Contractor by the City. under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and XI. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. 4 C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILLEY Contractor hereby agrees to .release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement, SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the sante. instrument. The parties hereto submit to jurisdiction al the courts of Wayne County, Indiana, and any suit arising out of this Contract must be .filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said. Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 5 I a [Signatures to Follow on Page 6] IN WITNESS WI IEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR" The City of Richmond, Indiana, by and Polydyne, Inc. through its Board of Sanitary Commissi iers By: _ Sue iller, President (Printed): Boyd Stanley Dated: Title: Sr. Vice-President Vice President Dated: 02/28/2023 Dated: 19/ " G Y , Member Dated: APPROVED: ..„ Dated: ()7.• 6 ' E E T ..._ , CITY OF RICERVIOND _- DEPARTMENT OF SANITATION 238011911911(AVENUE•RICBMCND,INDIANA47374 THIS IS NOT AN ORDER PHONE(765)983-7450•FAX(765)962,2669 ' VENDOR INSTRUCTIONS - This Is a request for a price for the services of materials described below. Any additional specifications may be Polydyne Inc. attached hereto. This is NOT an order and the City reserves One Chemical Plant Road the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below Rice, GA 31323 with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to .ATTN: Boyd Stanley . specifications altered. Return In a sealed envelope,in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the z . specified date and time to be considered. ... . DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: November 21,2022 9:00AM on December 13,2022 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for purchasing polymer from 2023 through 2026. Please see attached specifications and bid sheets. Please include a Certificate of Insurance(Including Workman's Compensation)with quote. E-Verify requirements and Indiana Local Preference Claims will apply to this quote, information enclosed. Please return this sheet and the proposal sheet by the above due date,in a sealed envelope to : Richmond Sanitary District Denise Johnson,Customer Service Manager 2380 Liberty Avenue • Richmond,TN 47374 Re: Polymer Quoted Valid Until: 12/31/23 Questions? Call Todd Hobson at 765-983-7479. NAME OF FIRM QUOTING: STATE TAX EXEMPTION#003121909-001 Pol d ne Inc. . B : . • . . • ' oyc tanley AUTH D DV SIGNATURE 1 /41 IA__--. Sr. Vice-I resident TITLE 12/7/22 (800) 848-7659 Opt. 2 Richmond S.4 DATE PHONE NUMBER ary District Exhibit A ` � � ' � � � � Proposal Sheet for Polymer / � on � > � Eodmatnd20,0K)O pounds u[neat polymer(\bs dry weight) � Each vendor shall quote price per dry pound of neat polymer in liquid state delivered to the Wastewater � Treatment Plant and transferred to the District's storage room in accordance with the attached � Minimum Specification s. i In addition to the quoted priceper dry pound of neat polymer-,Vendor istostate, based upon jar nr i onsite testing,estimated amount of neat polyrner In pounds per dryton of solids of quoted product [ required to meet the below minimum Specifications.Also, include the percent of active polymer per ( pound nfpok/mor. [ ll00 � _ �� __Neat ' > 41.0Y6. -Percent active polymer/pound o[polymer / / [ � � � Each vendor shall attach the chemical analysis of their material to the proposal Sheet. , Each vendor shall attach aIVI3D3 Sheet upon delivery of the product, ` Each vendor shall state the time period for which the quoted price shall remain valid. Vendor may be reqUired to submit samples of technical evaluation prior to quote award,Testing iobe ' | performed by independent lab at no cost to RSD,Vendor to perform bench test at least once a year to � determine perforinance of product far RSD at no cost.Vendor may submit one (1)quart of chernical for � [ trs |nQpuqansex. � Any load of'bad' polymer that does not meet performance specifications will be reirnbUrsed to RSD at � no cost. Quote will be for the year of 2023 with two (2) Z024 and 2025, one (1)year options to renew. � If emergencies occur with the Vendor's manufacturer and/or manufacturing oftheproduct,the Vendor � will be field responsible for providing product to,the District atquoted price. Vendor Isto include all shipping cost In the price quote. Richmond Sanitary District will not pay any � shipping. � Richmond Sanitary District has authority to refuse delivery due to unsafe manner and not be held / responsible for any charges.Vendor is to supply experlenced/safe drivers arid equipment. � � � � | Pg. Inf4 � Vendor is to state deliv ry time af er receipt of order_3-7 Business days. 12/7/22 Auth rize Signature Date Boyd Stanley, Sr. Vice-Presjdent QQ) 848-7659 Opt. 2 Contact Person Phone Number Polydyne Inc. Company Name pg.2 of 4 ° ' � � � Minimum Specification for | Polymer � i [ | Cationic fNccukant capable of meeting the | below solids thickening and capture rates with 8b]d�rCunnp|\es ` fourteen (14) pounds or-less of neat � polymer/dry ton of solids within the specified Yes No � hyd[aoUc and solids loading rates. ~� Delivery shall bo made bvvoNnksproperly equipped to transfer polymer into the District's ! � storage room Without spillage. Delivery shall � riot bm made at the convenience of the Vendor, � They shall be made within u reasonable length ' nf time following either a written ortelephoned | [ order from the District.The District will admit | delivery from 7-3Oomtm1�3OAmuMonday through Friday with exceptions for holidays. � The District's orders will be for approximately S0O gallons each.The District shall have the � right to require a small sample from each load � for laboratory purposes, -- ----- ' � � � [ � ' | | � � ' m 3o[4 , Rotary Drum Thickener Performance Specifications Item Waste Activated Sludge Feed Solids Concentration(% Dry Weight Solids) Less than/equal to 1.0 Feed Solids Volatile Content(%) Less than/equal to 85 Feed Solids pH._.,.,.�.,.._,,. 5.0-9A Hydraulic Capacity(GPM) 100-200 Minimum Thickened Sludge Concentration (% Dry 1 5 Weight Solids Capture(%) Maximum Thickened Sludge Concentration (% Dry 7 Weight Solids Capture (%) Minimum Solids Capture(%) 95 Maximum Neat Polymer Usage(lbs Dry Weight :14 Polymer/Ton Dry Weight Sludge) %,percent; GPM=gallons per minute;Ihs=pounds pg,4 of 4 v' *t cow 'h PRICE REQUEST FOR ROTARY DRUM THICKENER POLYMER RICIIMOND SANITARY I:)ISTRICT Price Request Sheet Contractor Name; Polydyne Inc. Date: 12/7/22 Clarifloc Cfr2191 Polymer for Secondary Sludge Year 1. (2023). Cost per pound ofPolymer (Neat) $ 1.68/Lb. Cost per tote of Polymer $ 3,864,00 Per 2300 tb.Tote Polymer for Secondary Sludge Year 2(2024) Cost per pound of Polymer (Neat) $ 1.77/I,b. Cost per tote of Polymer $ 4,071.00 Per 2300 Lb,Tote Polymer for Secondary Sludge Year 3 (2025) Cost per pound of Polymer (Neat) $ 1.87/Lb. Cost per tote of Polymer $ 4,301.00 Per 2300 Lb,Tote .Verify Requirements: Definitions: E-Verify Program—A electronic verification of work authorization program of the Illegal . Immigration Reform and Immigration Responsibility Aet-of 1996 (P.L. 104-208),Division C,Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986(P.L. 99-603). No performance of services shall commence until the following has been met: 1,, The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a) (2);and 3. A purchase order has been issued by the Purchasing Department. unmegangmagnunnunAnnmanagamnummannumanaxmoompnammummapamanummThnupstmoranicummanctomaps14 COMPLIANCE WITII INDIANA&VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility. status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of the Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7(a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty(30) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty(30) day period provided above,the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section,then pursuant to IC 22-5-1.7-13 (e)the Contractor will remain liable to the City for actual damages. Affidavit of Employment Eligibility Verification The Contractor, Poly4yne Inc. affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized,alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the. subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has ein-oiled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor, I hereby verify under the penalty of perjury that the foregoing statement is true. :Dated this_7th _day of December __,20 22 (si nature _Boyd Stanley, Sr, Vice-President (printed name) • IRAN INVESTMENT ACTIVITIES_ Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran.In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety(90)days after the written notice is given to the Contractor,the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,the City reserves the right to consider the Contractor to be in breach.of this Agreement and terminate the agreement upon the expiration of the ninety(90) day period set forth above.