HomeMy WebLinkAboutDocumentation_Regular_Tab 05_02/11/2016 �,,.:
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Memorandum Utilities Department
To: Michael Couzzo, Village Manager
From: Sam Heady, Deputy Director of Utilities
Date: 1l21/2016
Subject: Chemical Purchase and Tank Lease for (Hydrogen Pero$ide)
I respectfully present the following Comprehensive Analysis to the Village Manager.
The Village has chosen to piggyback from the City of Raleigh, North Carolina contract for the
purchase of Hydrogen Peroxide and the rental of contractor provided equipment, a chemical
tank and pumps from Evoqua Water Technologies, LLC for these reasons:
1) This allows the Utility to utilize an existing contract that covers two needs at the plant.
The first vne is the purchasing of high quality chemical at a lower price.
2) The second item is the annual leasing cost for the current tank and associated pumps
and equipment which gets rolled into this contract.
3) Evoqua has decades of experience providing these services to dozens of customers.
Chemical cost: $21,660.00
Tank and equipment rental: $450 per month for 6 months $2,700.00.
Total Annual Cost: $24,360.00
Staff recommends approval of contract.
RESOLUTION NO. 4-16
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THE
CONTRACT BETWEEN EVOQUA WATER TECHNOLOGIES, INC. AND
THE CITY OF RALEIGH, NORTH CAROLINA FOR THE PURCHASE OF
HYDROGEN PEROXIDE AND LEASE OF A CHEMICAL TANK AND
EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the resolution is awarding a contract to Evoqua Water Technologies
for the purchase of Hydrogen Peroxide for $3.61 per gallon; and
WHEREAS, the resolution is also awarding a contract to Evoqua Water
Technologies for the rental of contractor provided equipment, a chemical tank and
equipment for $450 per month; and
WHEREAS, the purchase of the chemical and the tank rental have been
budgeted in this year's budget and sufficient funds are available in 401-242 552.342 for
the chemical and 401-242 544.301 for the tank rental; and
WHEREAS, pricing is piggybacked on the City of Raleigh, North Carolina, RFP
#5230-608-FY15-ODORCNTRLv2; and
WHEREAS, this good/service was procured with the same level of formality as
the Village would have otherwise required in its Purchasing Policies and Procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Resolution No, 4-16 is hereby approved, awarding a contra�t to
Evoqua Water Technologies, Inc for the purchase of Hydrogen Peroxide at the price of
$3.61 per gallon and the rental of a chemical tank and equipment for $450 per month,
pursuant to pricing based on City of Raleigh, North Carolina, RFP #5230-608-FY15-
ODORCNTRLv2.
Section 2 This Resolution shall become effective immediately upon passage.
Viliage of Tequesta Date: 1/21l2016
Purchase Order Requisition Date Purchase Order is Req'd: 2/12/2016
(Not a Purchase Order) Department: Water Treatment Plant
'Revised November 14, 20i? Req. #:
Quotes Received: Piggy Back (See Rttached} Recommended Vendor: Vendor #:
Vendors Blds Evoqua Water 1"echnala ies, I.LC 2932
Evo ua Water Technolo ies, LlC Address: 2650 Tallevast Rd.
City: Sarasota
State & Zip: Florida 34243
Comments: This PO Re uest is for the purchase of Hydro en Peroxide and for the leasin of the H dro en
Peroxide chemical tanks and equipment fram EvoQua Water Technolo ies.
This is a Pi y Back Cantract from the City of Ralet h, Narth Carolina.
7his contract is for 6 months, 2l12t2016-8/12/2018.
Manuf./ Available Balance
Item Description Part# Qty. Unit Price Tatal Cost Account # Finance Use Only)
Hydrogen Peroxide 5�% Gallons 6,000 $ 3.61 $ 21,660.00 401-242 552.342
Rentai af Tank Months 6$ a50.00 $ 2,700.00 401-242 544.301
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total: $ 24,360.00
Finance/Administrative Use Onlv:
The Departmertt Otrector's f Des� nee's signature below ceRifies that (t) this purchase orderrequisition rs comp/ete and in compliance with the Viqage's
Purchasing Policies and Proce res nd 2 ali procure�nt requirements have been satisfied.
De artment Directo / esi nee Si nature: Date: ( ZZ- j
The Finance DepartmeM igaature below ceRifies that (1} this requisition has been approved by an authortzed Department Director! Designee, (2) that the
conect account numbers have been used and (3J the�e is adequate funding in the accounts listed.
Finance Si nature: Date:
Villa e Mana er A proval: Date:
Village Gouncil Approval: Reso{ution #: Date:
VILLAGE OF TEQUESTA
CONTRACT FOR HYDR(}GEN PEROXIDE 50% & RELATED SERVICES
THIS CONTRACT FOR HYDROGEI�i PEROXIDE 50°fo AND RELATED SER-
FCbn��'J �
V I C E S, hereinafter "Contract", is entered infio and effective this �� day of�a�ty 20 , by and
between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located
at 34S Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in accordance with
the laws ofthe State ofFlorida, hereinafter "the Viilage"; and EVOQUA WATER TECHNQL-
OGIES, LLC, a fareign limited liability company with offces (ocated at 181 Thorn Hill Road,
Warrendale, Pennsylvania 150$6 and 2650 Tallevast Road, Sarasota, Florida 34243, hereinafter
"the Contractor" and collectively with the Village, "the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein and
for other good and valuable consideratian, the receipt and sufficiency of which is hereby acknowl-
edged by both Parties, hereby agree as follows:
1. SCOPE �F SERVICES: The Village and the Contractor both hereby agree to enter into this
Contract whereby the Contractor shall provide 50% Hydrogen Peroxide, 23.5% active oxygen
content at a cost of $3.61 per gallon and provide inclusive services (excluding chemicals) and
equipment to set-up, configure, operate, service, maintain, control and monitor the application
of chemicals at the Village's Water Treatment Facility. Service pricing shall include respanse
to odor complaints, testing, monthiy reports, chemical off-loading and emergency or after
haurs responses. Prices wi(1 be provided at $450.00 per month per station for Contractor to
provide O&M of Contractor provided equipment without PLC control. Pursuant to the Decem-
ber 11, ZO15 correspondence from the Contractor to the Village, attached hereto as ExhiBitA,
the Village is autharized to piggyback for the goods described above from the August I2, 2015
Contract For Services between Contractor and the City of Raleigh, a North Cara[ina municipal
corparation and the Apri( 9, 2015 Proposal In Response To Request For Proposals Odor And
Corrosian Control Services {RFP #5230-608-FY15-ODORCONTRLv2} between the City of
Raleigh and the Contractor, attached hereto as Exhibit B and Exhibit C, respectively. All ex-
hibits are hereby incorporated into this Contract as if fully set forth herein.
2. CUMPENSATION: In consideration for the above Scope af Services, pricing for Hydrogen
Peroxide 50%, and for Services and Equipment of Contractor Provided Equipment shall be
CONTRACT FOR HYDROGEN PEROXIDE SO & SERVICES AND EQUIPMENT OF
CONTRACTOR PROV[DED EQUIPMENT
pursuant to the price set-out at page 27, Appendix A— Contractar's Price Proposal of Exhibit
C i
3. INSURANCE AND INDENINIFICATION: The Contractar shali provide proof of work-
man's compensation insurance and liability insurance in such amounts as are specified in sec-
tion 10, "Insurance," at pages 3 until 4, of Exhibzt B and shall name the Vil lage as an "additional
insured" on the liability portian of the insurance policy. The Contractor shall at a(1 times in-
demnify, defend and ho(d harrnless the Village, its agents, servants, and employees, from and
against any claim, demand or cause of action of whatsoever kind or nature, arising out of any
error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants,
or employees in the performance of services under this Contract.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 2$7.132 and 287.133, Flor-
ida Stataees, by entering into this Contract or performing any work in furtherance hereof, the
Contractor certifies that it, its affiliates, suppliers, subcontractars and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State
of Florida Department of Management Services within thirty-six (36) months immediately
preceding the date hereof. This notice is required by section 287.133(3)(a), Flartda Stalutes.
5. TERMINATION; NOTICE: This Contract may be terminated by the Village or the Con-
tractor upon thirty (3Q) days written notice to the either the Village or Contractor, in accordance
with section I 5, "Cancellation," at page 5, of Exhibit B. Notice shall be considered sufficient
when sent by certified mail or hand delivered to the Parties during regular business hours at
the foliowing addresses:
As to THE VILLAGE As ta THE CONTRACT4R
Village of Tequesta Evoqua Water Technologies
345 Tequesta Drive 2650 Tallevast Road
Tequesta, F(orida 33469 Sarasata, Florida 34243
Attn: Directar of Utilities Attn: Charles Maltby, Sales Rep.
6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an
independent contractor and not an employee of the Village. Both the Vil[age and the Contractor
agrees that this Contract is nat a contract for employment and that no re(ationship of employee—
' The price of Hydrogen Peroxide 54% set out at page 27, Appendix A Contractor's Price Proposal, of Exhi6it C is
described in a cost per gallon unit. The Village agrees to pricing in cost ($3.61) per gallon unit, as described in Ezhibit
�.
Page 2 of 4
CONTRACT FOR HYDROGEN PEROXIDE SQ% & SERVICES AND EQUIPMENT OF
CONTRACTOR PROV[DED EQUEFMENT
employer or principal—agent is or shall 6e created hereby, nor shaEl hereafter exist by reason of
the performance af the services herein provided.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing
party shall be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW; VENUE: This Contract shatl be governed and construed in accordance
with the (aws of the State of Florida, and venue shall be in Palm Beach County should any
dispute arise with regard to this Cantract.
9. AMENDMENTS & ASSIGNMENTS: This Cantract, a(1 Exhibits attached hereto, and re-
quired insurance certificates constitute the entire Contract between both Parties; no madifica-
tions shalf be made to this Cantract unless in writing, agreed to by both Parties, and attached
hereto as an addendum to this Contract. The Contractor shalE not transfer or assign the services
and provision of goods called for in this Contract without prior written consent of the ViI[age.
1 �. INSPECTOR GENERAL: Pursuant to Article XII of the Patm Beach eounty Charter, the
Office of the Inspector Generai has jurisdiction to investigate municipal rnatters, review and
audit municipa] contracts and ather transactions, and make reparts and recommendations to
municipaI governing bodies based on such audits, reviews, or investigations. Al[ parties doing
business with the Village sha(1 fully cooperate with the inspector genera[ in the exercise of the
inspector general's functions, authority, and power. The inspector general has the power ta take
sworn statements, require the production of records, and to audit, monitor, investigate and in-
spect the activities of the Village, as well as contractors and lobbyists of the Village in order to
detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses.
1 l. PUBLIC RECOR.DS: In accordance with section 119.0701, Florida Statutes, the Contrac-
tor must keep and maintain this Contract and any other records associated therewith and that
are associated with the performance of the work described in the Scope of Services. Upon
request, the Contractor must provide the public with access to such records in accordance with
access and cost requirements of chapter I 19, Florida Stataites. Further, the Contractor shall
ensure that any exempt or confidential records associated with this Cantract or associated with
the performance of the work described in the Scope of Services are not disclosed except as
authorized by law. Finally, the Contractor shal! retain the recards described in this paragraph
throughout the performance of the wark described in the Scope af Services, and at the conclu-
sion of said work and upon request, transfer to the Village, at no cost to the Village, all such
Page 3 of 4
CONTRACT FOR HYDROGBN PEROXIDE 50 & SERVIt;ES AND �:Qt'IPMEiVT OF
CONTRACTOR PROV[DED EQUIPMENT
records in the possession of the Contractor and destroy any duplicates thereof. Recards that
are stored electronically must be transferred ta the Village in a format that is compatible with
the Village's informatian technology systems.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and year
first above written.
WITNESSES: EVOQUA WATER TECHNOLOGIES, LLC
�. �L�..�,�� � r _-�.�u.�_,1�....�_�. G��� /ii ----_.,.�._ _
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Mike Murphy, Project Manager
i,
����..� G �•�-----___�__�____ {Corporate Seat)
VILLAGE OF TEQUESTA
ATTEST: Abigail Brennan, Mayor
...___ __. ______..�— (Seal)
Lori McWiliiams, MMC
Town Clerk
Page 4 of 4
THE VILLAGE OF TEQUESTA
PiGGYBACKiNG CHECKLIST
Instructions: This form is to be completed for any purchase of goods, or contract for services where the Village
will utilize a contract competitivefy bid by another governmental agency (i.e. "Piggyback"}.
Department: Utilities Date: 1/21/2016
Item/Service Pravide Hydrogen Peroxide and Tank Rental #or the Water Plant
VendorfService Provider Evoqua WaterTechnologies, Inc.
Q State Coniract # Q Qther Governmentai Agency
*Chapier 287, F.S.
If piggybaeking a State Contract please stop here.
Name of Governmental City of Ralei�h Proposal
1 Agency RFP #5230-608
YES NO
Is the contract current? Effective date:_8/12J2015_ Expiratio� � �
2 Date:_8/11J2016
� �
3 Was item/service bid out in compliance with the Village's Purchasing Policies 8c Procedures?
Is the price that the Village will receive by piggybacking equal to the price obtained by the agency � Q
4 named above?
� 0
S Does the contraet contain an assignability clause?
If the answer to question # 5 is no, has the governmental agency given the Village permission to � �
b piggyback on the contract?
� �
7 Has the vendorJservice given the Village permission to piggyback on the contract?
� �z� L�
Department ead Signature Date
� Y ��Vt't
December 15, 2015
Mr. Samuel Heady
Village of Tequesta
9d1 N. Dixie Hwy.
Tequesta, FL 33469-0273
Email: sheady@tequesta.org
RE: PIGGYBACK OF CITY OF RALEIGH, NORTH CAROLINA ODOR AND CORROSION CONTROL
SERVICES AGREEMENT
Dear Mr. Heady:
First, let me thank you again for your continued interest in Evoqua Water Technologies and for your
confidence in our ability to solve your hydrogen sulfide odor and corrosion control needs.
I am pleased to be able to offer you the following piggy back contract established with the City of Raleigh
NC. I have attached a copy of the contract Agreement for Odor and Corrosion Controt Services for your
reference. This contract will be good from 08/12/15 through 8/11/16.
Under the renewal, the pricing for the products and services you are currently using are as follows.
50% Hydrogen Peroxide: $3.61 per gal.
Contractor 08�M of Contractor Provided
Equipment Without PLC Control (per2.3F vi): $450/per site
Thank you again for the opportunity to be of service. We look forward to continuing to serve the Village of
Tequesta in the years to come. If you have any questions regarding this information or if I can be of
assistance in any way, please do not hesitate to call me at (941) 586-8813.
Sincerely,
Evoqua Water Technologies LLC
C6iarles 9KaCt6y
Charles Maltby
Sales Representative
2650 Tallevast Rd. Tel: +1 {800) 345-3982
Saresota, FL 34243 USA Fax: +1 (941) 359J895 �,
Page 1 of 1
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North Carnlitia �
August 28, 201�
Evoqc�a Water Technologies E.LC �
� 2650 Tallevast Road
Sarasota, FL 34243 �
Re: Executed Contract — Odor and Carrosion Gontrol
To Whom It May Concem:
Please find encEosed an executed copy of the Odor and Corrosion Control contract
for your files. �
When i�voicing for this contract pfease be mindful ta include purchase order # 52728
on all invoices pertaining to this contract. ,
Invoices shouid be emailed to accountspaYabfe�rateighnc.qov
and PUDCORInvoic�,s"�a raleighnc.qov .
If you ha�e any questions, please do not hesitate to give us a call at 998-996-4540.
� Sincere[y, � .
Ryan Adkisan .
Accountant Auditor I �
Enc(osure
Oh1E EXCFEATVC3E PLAZA CITY OF RAC.EtGH MU(VICIPAL BUILDiNG
7 EXCHANGE F'LAZA POST OFFfC� BOX 590 222 WEST HARGETT STREET
F�ALE(Ghi, NC 27601 RALEfGH NC 27602�0590 F2Al.EIGH, �VC 27601
(MAILINQ ADORESS)
Priitted o�t Rec�xled Pa��er •
I/15
NORTH CAROGINA
'WAI� COUNTY
CO�ITRACT FOR SERVICES
THIS C�NTRACT is entered into by and between Evoqua Water Technotogies LLC,
hereinafter referred to as the "Contractor", and the City af Raleigh, a North CaroIina municipal
corporation, hereinafter refezred to as the "City".
WITNESSETH:
WHEREAS, the City desires to procuxe a contractor to perform sezvices; and
WHEREAS, the City has campleted necessary steps for retention ofprofessional and other
services undex• applicable City policies; and
WHEREAS, the City has agreed to engage the Contractor, and the Contractor has agreed to
contract with the City, for performarzce of services as described, and according to the further
terms and conditions, set forth herein.
N(�W THEREFORE, in consideration of sums to be paid to the Contractor, and other govd and
valuable considerafiion, the Contractor and City do car�tract and agree as follows:
l. Scope of Services
The Contractor shall perfo� for the City the following described services:
Provide services, equigment, treatment teehnologies, and all chemicals to include its
applicai�on, monitoring and aIl necessary analytical testing and apfimization for tofial
odor and corrosian control in any designated wastewater system encompassing lift
and pump stations, force mains, gravity lines and wastewater treatment facilrties
within #he City of Raleigh service network. The Contract shall be in effect for hvo (2)
years. Through eontr�ct Amendment, this Scope of Services may be extended by three
concurxent on�year extensions as mntaally agreed by bo#h parties.
2. Time af Performance
In performing the services described in this Contract, it is mutually agreed that tixne is of the
essence. The Contractor shaIl begin work UPON EXECUT�UN, and work shall be completed
upon the 730 dap from the execution date.
In the event the sec-vices under the Contract are not completed by this date, the Contractox shall
l�e assessed liquidated damages of $Q far each day's deIay beyoz�d the completion date. If
liquidated damages are not �.pplicable to this Gontract, insert `(Q) zera' in the space above.
3. Compensatian; Time of Payment
For services to be performed hereunder, the City shall pay the Contractor a not to exceed total
contract amoun# $1,116,000 totai; FY16 $558,000 $nd FY17 $558,000 unless changed by a
.
duly authorized amendment. The starzdard Ciiy of Raleigh payment term is NET 30 days from
the date af invaice. For prompt payment yau may email all invoices to
(accaunts�avableCcr�ralei�hnc.�avl or mail all invoices to the City of Ra�eigh, Accounts
�ayabl�, PQ Box 590� R.aleigh, North Ca blina 276 -0590. A.11 invoices must inelude the
following Purchase Order Number . Invoices submitted withflut the correct
purchase arder number wil1 z�esult in delayed paynnent.
4. Workmanship and Qua.litv of Services
AIl work performed under this Contract shall be performed in a workmanlike and professiona.l
tnanner, to the reasonable satisfaction of the City, and shall conforzn to all prevaili�ng industry
and p�bfessional standards.
5. Notices
All notices, requests for payment, ox other communications arising hereunder shali be sent to the
following:
City af Raleigh Contractor
Attn: Mark Wessel Evoyua Water Technolagies LLC
Telephone: 919-996-3723 800-345-3982
P.O. Bax 590 2650 Tallevast Road
Raleigh, NC 27602 Sarasota, FL 34243
6. Non
In consideration of the signing of tlais Contract, the parties hereto for themselves, their agents,
officials, employeas and servants agree not to discriminate in any manner on the basis af race,
calor, creed, national origin, sex, age, handicap, or sexual orientatzon with reference to the
subject rnatter of this Contract, no matter how remote. The parties further agree in ail iespec�s to
con€orm with the provisions and intent of City of Raleigh Ordinance 1969-8$9, as amended. This
pravision is hereby iacorporated into this Contraat for the benefrt of the City of Raleigh and its
residents, and may be enforced by action far specific performance, injuna#ive relief, or othex
remedy as provided by lar�r. This provision shall be binding on #he successors and assigns of the
parties with reference to the subject matter oftk�is Contract.
7. Minority or Women tJwned Businesses
The City of Raleigh prohibi�s discrimination in any manner on the basis of race, color, creed,
natianal origin, sex, age or handicap or sexiaal orientation and will pursue an aff'rrmative policy ;
af fostering, promoting and condueting business with women and minority owned business �
enterprises. The City of Raleigh has adopted a goal of 15% far participatian by minarity or
women-awned businesses in order to reach the above stated goal. '
;
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The percentage of MWBE business participation engaged in this contraet based on tota.I contract �
amaunt is proposed to be 0%. Any variation from this amount is to be immediately conveyed to �
ihe Ciry by written notzce, Attention: Luther Williams, Business Assistance eoordinator, PO ;
B4X 590 Raleigh, NC 27b02, w'r#h a copy to the City of Raieigh contact listed in the `Alotices' I,
section of thi� Contract.
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�. AS51 21� Illell�
This Contract may not be assigned without the express written consent of the City.
9. A �. •bt Iicable La.w
ALl matters relating to this Contract shall be governed by the laws of the State of North Carolina,
without xegard to its choice of law provzsions, and venue for any action relating to this Contract
shaIi be Wake County Civil Superior Court or the United States District Court for the Eastern
Disbrict afNorth Carolina, Western Division.
10. Insurance
Contractor agrees to maintain, on a primary basis at is sole expettse, at aIl times durin.g the
life of this Cantract the �ollowing cover�ges and limifs. The requiremeats contained herein, as
well as City's review or acceptance of insurance tnaintained by Cantractvr is not intended to and
shall not in any manner limit or qualify the Iiabilities or abligations assumed by Contractor under
this Contract. '
Comrnercial General Liability — Combined single Iirnit of no less than � 1,�00,000 each
occurrence and $2,00O,OOQ aggrega#e. Caverage shall not contain any endorsement(s} excIuding
nor limiting ProductlCompleted Operations, ContractuaI Liability or Cross Liability.
Automobile Liability — Limits of no less than $1,000,000 Combined Single Limit. Coverage
shall include Iiability for 4wned, Non-Ovcmed and Hired automobiles. In the event Coz�tractar
does not own automobiles, Contractor agrees ta maintain coverage for Hired and Non-(3wned
Auto Liability, which may be satisfied by way of endorsennent to the Commercial General
Liability po�licy or separate Auto Liability policy. Antomobile coverage is only necessary if
vehicles are used in the provision of services under this Contract ancUor are brought on a COR
site.
Worker's Compensation & Employers Liability — Contractor agrees to nnaintain Worker's
Compensation Insurance in accordance with North Carolina Gene��l Statute Chapter 97 with
statutory limits and employees Iiability of no less than $1,OQ0,000 each accident.
AdditionaI Insured — Contractor agrees to endorse the Ci�y as an Additional vnsured oa Che
Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the
standard of the General Liability and Automobile Liability. The Additional Insured shall read
`City of Raleigh is named additional insured as their interest may appear'.
Certifieate of Insurance — Contractor agrees to provide COR a Certificate of Insurance
evidencing that all coverages, Iimits and endorsements required herein are maintained and in full
force and effect, and Certificates of Insurance shall provide a minimum thirty (30} day endeavox
to notify, when available, hy Contractor's insurer. If Corttractor receives a non�renewal or
cancellation notice from an insuranee carrier affording co�e:rage required herein, or receives
notice that coverage no longer complies with the insurance requirements herein, Contractor
agrees to notify the City wifihin five (5) business days with a copy of the non-renewal ar
cancellation notice, or written specifics as to which coverage is no Ionger in compliance. The
Certificate Fiolder address shauld re�d:
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Ci#y of Raleigh `
Post Office Bog 590
Raleigh, NC 27602-0590
Umbrella or Eacess Liability — Contractor may satisfy the minimum liability limits required
above under an Unabrella or Excess Liability policy. There is no zninimum Per Occurrence limit
of liability under �fhe Umbrella or Excess Liabilzty, however, the Annual Aggregate limits shall
not be Iess than the highest `Each �ccurrence' limi# for requ'vred policies. Cantractor agrees to
endorse City of Raleigh as an `Additionat Insured' on the Umbrella or Excess Liabzlity, unless
the Certifica#e af Insurance states the Umbrella ar Excess L'zability provides coverage on a
`Follow-Form' basis.
Professionat Liability — Limits of no less than $1,OOO,QUO each claim. This coverage is only
necessary for professional services such as engineering, architecture ar when athervvise requu�ed
by the City.
Atl 'vnsurance companies must be authorized to do business in No:t�th Carolina and be acceptable
to the City of Raleigh's Risk Manager.
11. Indemn�itv
Except to the extent cause,d by the soie negligence or wilIful misconduct af the City, the
Conttactor shaIl indemnify and hold and save the City, its officers, agents and ernployees,
harmless from liabiIity of any kind, including a11 claims, costs {including defense) and Iosses
accruing or resulting to any other persan, firm, ar corporation furnishing or supplying work,
sea�vices, materials, ar supplies in connection with the performance of this Contract, �nd from
any and all claims, costs (including defense} and losses accruing or resulting to any person, firm,
or corporation that may i� injured or damaged by the Cont�ractor in the performance of this
Cantract. This representatian and war�ranty shall survive the termination or expiration of this
Contract.
The Contractar shall indennnify and hald and sa.ve the City, its afficers, agents and employees,
hartx�less from liability of any kind, includ'zng claims, costs (including de€ense) and expenses, on
accoun# of any copyrighted material, patented or unpatented invention, articles, device or
appliance manufactured or used in the perfarmance ofthis Contract.
12. Intellectual Propertv
Any infarmation, data, instruments, dacurnents, studies, reports or deliverables given to, e�cposed �
ta, or prepared or assembled by the Contractor under this Contraet shall be kept as confidential
propri�tary infarmation af the City and not divulged or made available to any individual or
organization without the prior written approval of the City. Such information, da#a, instruments,
dacuments, studies, reports or deliverables will be the sole property of the City and not the
Contractor,
All intellectual property, including, but not limited to, patentablc inventions, patentable pians,
copyrightable works, mask works, tra.demazlc.s, service marks and trade secrets invented,
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de�eIoped, created or discovered in performance af this Contract shall be the property of the �
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City. �
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Copyri,ght in and ba any copyrightable work, including, but not limited to, copy, art, negatives,
photographs, designs, te�ct, software, or documentation created as part of the Contractor's
performance of this project shall vest in the City. Works of authorship and cantrib�Etions to
works af authorship created by the Contractor's performance ofthis project are hereby agreed to
be `works nnade far hire' within the meaning af 17 U.S.C. 201.
13. Force Maa eure
Except as otherwise provided in any environt�ental laws, rules, regulations or ordinances
applicable to the parties and the services performed under this Contract, neither party shall be
deemed to be in default of its abligations hereunder if and so long as it is prevented fram
performing s�ch obligations by an act of war, hostite fareign actions, nuclear explosion,
earthquake, hurricane, tornado, or other catastrophic natural event or act of Go�l. Either party to
the Contract must take reasonable rr►easures and implernent reasonable protections when a �
weather event otherwise defined as a f�rce majeure event is forecast to be eIigible to be exoused
fram the performance otherwise required under tI�is Cantract by this provision.
14. Advertisin� �
The Contractor shall not use the e�stence of this Contract, or the name of the City of Raleigla, as
part of any advertising withaut the prior written approval of the City.
15. Cancellation
The City may terrninate this Contract at any time by providing thirty (30) days written notice to
the Contractor, In addition, if Cantractor shall fail ta fizlfill in timely and proper manner the
obligations under this Cantract for any reason, including the voluntary ar involuntary deciaration .
oFbanicruptcy, the City shall have, the right to terminate this Contract by giving written natice to
the Contractox and tetmination will be effective upon receipt. Cantractor shall cease performance
immediately upon receipt of such ngtice.
In tha event of early termination, Cantractor shali be entitied to receive just and equitable
compensation for casts incurred prior to receipt of notice of tennination and far the satisfactory
work completed as of the date of termination and delivered to the City. Notwithstanding the
faregoing, in no event will the total amount due to Contractor u�der this section exceed the total
amaunt due Contractax under this Contract. The Contractor shail not be relieved of liabiiity to the
City for darnages sustained by the City by virtue af any breach of this Contract, and the City may
withhold any payment due to the Coartractor for the purpose of setoffuntil such time as the City '
can deterrnine the exact aznount of damages due the City because of the breach. �
Payment of compensation specif'ied in this Contract, its continuation or any renewal thereof, is �
dependent upon and subject to the allocation or appropriation of fiuxis to tlle City for the purpose
set farth in this Contract. ;
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16. Laws/Safety Standards
The Contractor shall comply with alI laws, ordinances, codes, rules, regulations, safety standards
and licensing requirements that are applicabte to the conduct of its business, including those of
Federal, State, and Ic�cal agenazes having jurisdiction and/or authority.
All manufactured items and/or fabricated assemblies subject to operation under pressure,
operation by cannection to an eiectric source, ar operation involving a connection to a
manufactured, natural, or LP gas souree shall be constructed and approved in a nnanner
acceptable to the appropriate state inspector which custamarily requires the label or re-
examination listing or identification marking of the appropriate safety standard organization,
such as the Ameriean Society of Mechanical Electrical Engineers for pressure vessels; the
Underwriters' Laboratories and/or Nationai Electrical Manufactarers' Association fox electrically
operatsd assemblies; or the American Gas Assaciation foz gas operated assemblies, where such
. approvals of listing� have been established for the type(s) of devices offered and furnished.
Furthex, all items furnished by the Contractor shall tneet alI requirements of the OccupationaI
Safety and Health Act (OSHA), and sta�e and federal requirements relating to clean air and water
pollution.
Contractor must compIy with llTorth Carolina Occupatianal Safety and I�eadth S`tandards for
Generad .Ind�rstry, 29CFR 191 D. In addition, Contractor sha�l comply with all applicable
accupational health and safety and environmental rules and regulations.
Contractor shall effectively manage their safefy and health responsibilities including:
A. Accident Prevention
Prevent injuries and iilnesses to their employees and others on or near their job site. Contrackor
managers anc� supervisors shall ensure personnel safety by strict adherence to established safety
rules and procedures.
B. Environmental Protection
Protect the environment on, near, and around fheir work site by compliance with all applicable
environmental regulat'rons.
C. Emplayee Education and Trainin�
Provide education at�.d training to all contractors employees before they are exposed to potential
warkplace or other hazards as required by specific OSHA Standards.
17. Apnlicabilitv of North �a�alina Pubiic Records Law
Notwitlistanding any other provisions of this Contract, this Cotrtract and ail materials submitted
to the City by t��e Cantractar are subject to the public records laws of the State ofNorth Caroli�na
at�d it is the rresponsibility of the Coniractar to properly designate mate�ials that may be protected
fiom disciosure as trade secrets under North Carolina Iaw as such and in the form required 6y
law prior to the submissian of such materials to the City. Contractor understands and agrees that
the City may take any and all actions necessaty to comply with federal, state, and local laws
andlor judicial orders and such actions will not constitute a breach of the tern�s af this Contraet.
To the extetrt that any other provisions of this Contract canflict with this paragraph, the
provisions of this sectian sha11 cflntrol.
18. Miscellaneous
The Contractor shall be responsible for the proper,cuskody and care of any property furnished or
purchased by the City for use in connection with the pez�ormance of this Contract, and will
reimburse the Ciry for the replacement va�ue of its loss or damage.
The Cantractor shall be considered ta be an Independent Contractor and as such siiall be wholly
respansible for the work #o be performed and for the supervision of its employees. Nothing
hei�in is intended or will be construed fio establish any agency, partnership, or joint venture.
Contractor represents that it has, or wili secure at its own expense, all personnel requu�ed in
perfarming the services under this Contract. Such employees shall not be employees of or have
any individual contractual relationship with the City.
This Cantract may be a:mended only by written agreement of the parties executed by their
authorized repi�esentatives.
19. Aud'zt
The City ofRaleigh Internal Audit Office may conduct an audit of Cantractoc's financial,
performance and compliance records maintained zn connection with the operations and services
perFormed under this Contrac#. The City or its designee may conduct such audits or inspections
tl�rougho�.tt the term of this Corrtract and for a period of three years after fmal payment or Iangex
if required by law.
In the event of such an audit, Contractor agrees that the City, or its designated representative,
shall have the right to review and ta copy any work, materials, payrolls, records, data, supporting
documentation, or any other saurces of informatian and matters that may in City's judgment have
azzy bearing on or pertain to any matters, rights, duties or obligations unde�r or covered by any
Contract Document. The Contractor agrees that f.he City, or its designated representative, shall
have access to Contractor personnel pertaining to ttze performance of this contract, including but
not limited to financial, performance, operations and compiiance records. Contractor agrees to
maintain such records fax possible audit for a minimum of three years after fmal payment, unless
a longer periad of recards reten#ion is stipulated. Cantractor agrees to allow the City's auditor(s)
access to such records during normal business hours and to allaw in�erviews af any employees
who might reasanably have infoxmation related to sueh records. City's au#horized r�presetrtative
or designee shall have reasonable access to f.he Contractoar's facilities, shall be allowed to
in#erview all current or former employees to discuss matters pertinent to ihe perfarmance of this
Cont;ract and sha11 be provided adequate and appropriate work space, in order to conduct audits
zn cptnpliance with this article. Further, Contractor agrees ta inciude a similar xight ta the Crty to
audit and interview staff in any subcontract related to performance of this coz�traet.
Contractor shall require all payees to camply with the provisions of this article by inciuding the
requ'vrements hereof in a written cantract agreement between Contractor and payee. Contractor ;
will ensure that alI payees have the same right to audit provisions contained in this Contract. !
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The City agrees to provide Cantractor with an opportuzaity to discuss and respand to any findings
before a fu�al audit repart is issued.
City's rights under this provision slaalI survive the termination of this agreement. The City may
conduct an audit up to three years after this agreement terminates.
2Q. E - Ver'
Contractor shall cornply with E-Verify, the federal E-Verify prograrn operated by the United
States Department of Hameland Security and other federal agencies, or any successor or
equivalent pragram used to verify the work authorization of newly hired employees pursuant to
federal law and as in accordance with N.GG.S. §64-25 ef seq. In addition, to the best of
Contractor's knowledge, any subcontractor employed by Cantractor as a part of this contrac�
shall be in compliance with the requzrements of E-Verify and N.C.G.S. §64-25 et seq.
21. Inco oration of Documents/Com lete A eement
This Contract, and any documents incorporated below, represent the entire Contract between the
parties and suspend ali prior oral or written s#atements, agreements or Contracts.
Specifically incorpora#ed into this Contract are the following attachments, or if not physically
attached, are incorporated fuliy herein by reference:
Attachments:
� Evaqua Water Technologies ProposaI in Response to Request for Proposals, Apri[
9� 2015
• CORPUD.RFP #5230-6U8-FY15-ODORCONTRLv2
• Addendum No 1 to RFP #5234-60$-FY15-ODORCON'1'RLv2
• Certificate of Ynsarance
In cases of conflict between this Contract and any of the above incorporated attachments or
references, the terms of this Con�act sha11 prevail.
The remainder af this page remains bIank intentionally. ,
THIS CONTRACT is entered into this _:°j`� :°__�lay:of; �`�'°`` .T::.'.';:' ':: ;:�0��:
IN WITNESS WHEREOF, the Contractor has executed t}�e foregoing with the
signature(s) of its duly authorized officer(s), and the Crty has executed with the signature
of its City Manager, attested by its {AssistantlDeputy) Clerk-Treasurer, wzth the official
seal affixed, the day and year first above written.
EVOQUA WATER CITY OF RALEIGH
TECHNOLOGIES, LLC
By: By:
.,����� � �
� C' Mana ar Authorized Designee
Gary Snyder '
Frinted NamelManaging Member
(If corporate}
ATTEST: ATTEST•
$y; See Attached O€fiaer�s Certificate $�r� f
' `:� � p $ _ ��-�
Printed NameJMa�naging Member ;� a 3 �. �;'
*� '��� .�
T � � , PROVED AS T(3
FO � �_�
• �L;y�,.�t
�� `ity Attorney Jt,��',,�,�
STATE OF ��oricla
COUNTY OF �anatee
I� S13eri Whalen , a Notary Public do hereby certify that
Gary Snyder persanally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
This the a�. day of �um�st , 20 z5 ,
:,
^ n a r i '�
(SEAL) � ` j- -�:-� �;'�..:'�� c�; �'``�-�- - ---
`��� Notary Public
My Commission Expires 12f26/16
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evo�t�A
WA7ER TECHNOLOGI65
EVOQUA WATER TECHNOLOGIES LLC
OFFICER'S CERTIFICATE
I, Benedict J. Stas, Board Manager of Evoqua Water Techtxoiagies LLC, a
Delaware limited liability campany {the "Company>'), do hexeby certify an behalf of the
Compa�y that Gaxy Snyder is Directox of Field Services of �e WT Municipal Services
Sub-segment of the Company, and that in such capacity, Mr. S�.ydex has fu11 power and
authoritq to execute and deliver the Company's bid and alI related ancillary agree�nents
for the sale of �dar Control Services to the City of Ralezgh locafied in Raleigh, North
Carolina (Bid Na. 5230-608 FY15}.
IN WII'TNESS WHEREOF, the un.dersigned has executed this Certificate on. the
9�' day of June, 20�.5.
;
Benedict J. Sfas
Board Max�ag �
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�R�� CERTIFICATE OF LIABILtTY INSURANCE a�,rz`�o s
THIS CERTIFICATE tS ISSUED A8'A MA7TER OF INFORMA'fION ONI.Y ANb CONFERS NO RIC3HTS UPON THE GERTlFICATE HOLpER THIS
CE1t71FtCATE DOE3 NOT AFFIRMATIVELY OR NEGATIVELY AM�ND, EXTEND OR ALTEit THE COVBRAGE AFFORDED BY THE POLIGIES
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REPRESEN7ATiVE OR PRODUCER, AND 7HE CER'I'IFICATE HOLDER.
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the terms and condffions of the policy, certaln policles may require an endarsemenf. A stafemenE on this eertiflcafe doess nat confer righfs !o the
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CCtY OF RALEIGH IS HEREBY AD01TlONAL �NSUREd, EXCFPT Vl�2KERS' COMPENSAiION, 4Y�1ERE REQUIR�D 8Y WRIi'TEN CAN7RACT. CONTRAC'CUAL LUIBR.ITY IS INCLUIIEA WHEM REQUIRED
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CER7'IFICATE HOLDER CANCELLATlON
CIIY OF RALEIGH SHOUI,D ANY OF THE AHOVE pESCRtBED POLICIES BE CANCELLEq BEFORE
ATTtd:CANDIAPERRY THE E3tPiRAT10N DATE THEREOF, N0T10E WILL 8E pELiVEREQ Itd
pp g(U( � ACC�RPANCE 1MTH TNE POLICY PROVl310NS.
RALEIGH, NC 27602-�5.9U
AUTHOR2El7 RBPRE8EN'fASNE
'o( Macah USA foc.
Manasht Mukherjw Mau�ti+-
� 1988-2014 ACORO CORF'ORATION. AU rEghts reserved.
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