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HomeMy WebLinkAboutContract 56999 CSC No.56999 i i FoRTWORTH, VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and Premier Magnesia, LLC. ("Vendor"), a state registered cj rn an�and acting by and through its duly authorized representative,each individually referred to as a"party"and collectively referred to as the"parties." 1. Scope of Services.Chemical odor control services("Services"),which are set forth in more detail in Exhibit"A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on the date subscribed below by the City's designated Assistant City Manager("Effective Date")and expires on exactly one calendar year from the effective date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Tenn"). City will have the option, in its sole discretion,to renew this Agreement under the same terms and conditions, for up to 5 one-year renewal option(s) (each a"Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B,"which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed EIGHT HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED EIGHTY Dollars ($836,580.00).Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days'written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any bind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY FT. WORTH, TX i i completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, j Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. i 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it will treat all information provided to it by City("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subj ect to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons obj ectiug to disclosure.A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. i 6. Right to Audit. Vendor agrees that City will,until the expiration of three (3)years after final payment under this Agreement,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working fours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. i 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be Vendor Services Agreement Page 2 of 12 I construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be. considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself,and any of its officers, agents,servants,employees,contractors,or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTS AND EMPLOYEES, FROMAND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OFANYXIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING O UT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement,it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation.So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the might to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim;however,Vendor will fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely Vendor Services Agreement Page 3 of 12 restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to matte it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (e) replace the software and/or documentation with equally suitable, compatible,and functionally equivalent non4nfringing software and/or documentation at no additional charge to City; or(d)if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assi ng_ment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Vendor Services Agreement Page 4 of 12 i Employers' liability i $100,000- Bodily Injury by accident;each accidentloccurrence $100,000- Bodily Injury by disease; each employee j $500,000 - Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): ❑ Applicable❑NIA $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City.Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-V11 in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws.Ordinances,Rules and Regglations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also Vendor Services Agreement Page 5 of 12 comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must inunediately desist fi•om and correct the violation, 12. Non Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON DISCRE%IINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Port Worth Premier Magnesia,LLC. Attn: Assistant City Manager Charles Gehret, Contract Adminstrator 200 Texas Street 75 Giles Place Fort Worth,TX 76102-6314 Waynesville,NC 28786 Facsimile: (817)392-8654 Facsimile: With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of EmI212yees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governine Law 1 Venue. This Agreement will be construed in accordance with the laws of the State of Texas.If any action,whether real or asserted,at law or in equity,is brought pursuant to this Vendor Services Agreement Page 6 of 12 i i Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. Severahly If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Parry's performance,as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headinas not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or the Exhibits. 22. Amendments 1 Modifications 1 Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will,for all purposes,be deemed an original,but all such counterparts will together constitute one and the salve instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option,Vendor will either (a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Vendor will provide City with copies of all I-9 Vendor Services Agreement Page 7 of 12 i II supporting eligibility documentation for each employee who performs work under this forms and suppo g � ty Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures, guides,and documentation that are created,published, displayed,or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,lien for balance due, or rights of retention thereto on the part of City. 27, Sip-nature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each parry is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Comipany Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply.Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Co_mpan_ies.Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, Vendor Services Agreement Page 9 of 12 i prohibited from entering into a contract for goods or set-vices that has a value of$100 000 or the City s p g g { more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies;and(2)will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination A ainst Firearm and Ammunition Industries.Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public fiends of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 9 of 12 i IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person Oana ffL(1hdOff responsible for the monitoring and administration of this contract, including ensuring all performance and Dana Burgh (Ian 18,zozz os:ao csr) By. reporting requirements. Name: Dana Burghdoff Title: Assistant City Manager Date: 120 By: Name: Shatabya Bergiand APPROVAL RECOMMENDED: Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Christopher Harder(Jan 13,202211:37 CST) Name: Chris Harder ow Title: Water Director By: DBlack(Jan 14,2022 09:27 CST) Name: Doug Black ATTEST: Title: Assistant City Attorney r CONTRACT AUTHORIZATION: ,761`I`IP.� c1 6DOW911 M&C: 21-0839 By: Jannette S.Goodall(Jan 18,2022 09:21 CST) Date: 11/09/2021 Name: Ronaid Eionza4es Jannette Goodall Form 1295: Title: City Secretary aa�40Rn��a Ffo FFo0oTl1,aa0 d 0 Ov8 0° d o o d VENDOR: �a aZL nExo-zq Premier Magnesia,LLC. By: Name: C►^o- icx &-v,ec L Title: 'QdM�n� s�r0.�or' Date: �nJ�,�b�r 4�a ,209, 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 10 of 12 i 1 EXHIBIT A SCOPE OF SERVICES { [INSERTED BEHIND THIS PAGE] Vendor Services Agreement Page 11 of 12 i I S i j DOCUMENTATION CHECKLIST J *131dder shall complete the below to aid in responsiveness* The Documentation Checklist will not be Included in the page count. I I I I A Signed Request for i Proposals RFP Cover Sheat �G S A Signed and Completed City 4 of Fort Worth Bid Offer C Team Organizational Structure and Technical Qualifications& Capabilities of Project Team �G S Members of Firm or Sub- Consultant Firms. Firm's Project Approach and ! q Methodology to Perform the Y G 3 b Work. Firm's Success and Performance Record Related to O Other Similar Projects Comparable In Size with the �,S City. �` C Any and All Exceptions to the RFP per the Project Proposal. If There are No exceptions,the ye- s Firm must Expressly State that No Exceptions are Taken. Sample ReportsG, 3 Attachment A-Conflict of Interest Yz, Exhibit B-Proposed Cost Separate Sealed Envelope labeled Schedule Summary YCS 'Pricing" Any Addendums Sent Out y '7 After the Release of the Bid 1 Q 3 RFP 21-0184 Chemical Odor Conlrof Services Part 2 Page 25 of 25 s , FORTWORTHO RFP Cover S#�eet PURCHASING DIVISION REQUEST FOR PROPOSALS(RFP) for 21-0184 Chemical Odor Control Services Part 2 Issued:August 11,2021 PROPOSAL SUBMISSION DEADLINE:September 2. 2021 by 1:30 MILogaTime NO LATE PROPOSALS WILL BE ACCEPTED Pro sal shall b Iv r l alled to: Legal Name,dlb/a and address of Proposer submitting the Proposal: The Purchasing Manager Purchasing Division,Lower Level, City Hall, Ift ; L-C.. 200 Texas Street, City of Fort Worth, Texas 76102. 7sG�1%,* Air W «Mitlo, NC ;kg7$4 Note: Return this Cover Sheet with the Proposal. Pre-Proposal Conference will be held via WebEx: Authorized Person: t~ E Monday, August 16, 2021 at 1IL9 M Title: AAwlwiskrafiorr Meeting number(access code): 1824 78 4891 Signature: Meeting password: PXhnK42JCA8 Contact Person Name: Meeting Phone Number:469-210-7159 Phone: (j%4) .. TR ax: ( ) For additional information/clarifications regarding . Email: 3lra ` this RFP, please contact: Bidder/Supplied ID with City of Fort Wort/Federal ID Number(TIN): 6 2.- x q 6473__ __— Megan Fowler, Buyer M P has!n Res onses fortes rt texas. ov Will contract be available for Coopers ve Agreement use? (See Section 29)Yes f No Acknowledgment of Addenda:#1-1#2 #3 #4_ #5— PDF or Adobe or electronic signature is acceptable on this RFP cover page.The Authorized Person, by his/her signature,represents that helshe IS submitting a binding proposal and is authorized to bind. By signing and submitting, acknowledges that helshe has received and read the entire document packet, including all documents incorporated by reference, and agrees to be bound by the terms therein. Proposals must be received In the Purchasing Office by 1.30 P.M., "Proposal Submission Deadline"AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.Late bids will be returned or destroyed. • Proposals must be submitted in a sealed envelope WITH THE RFP NUMBER, RFP TITLE AND PROPOSERS LEGAL NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE. In case of courier, it should be on the outside of the courier's shipping envelope. Sealed proposals will be accepted from 8:30-1:30 on Thursdays at the South End lobby of City Hall. To hand deliver a bid other then that time period, please call Purchasing at 817-392-2462 to make an appointment. Bid will be opened and read aloud publicly around 2:OOPM (Local Time)in the Council Chambers. 1 1 i i ORTWORT , CITY OF FORT WORTH BID OFFER Event ID Palle Invited: PUBLIC EVENT DETAILS CFWO -21-0 1 89 1 Event Round eralon Submit To: City of Fort Worth 1 2 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing 1 RFP Chemical Odor Control erviaes Part. 2 200 Texas St.(Lower Level,South) Start Time Flnleh Time Fort Worth TX 76102 l 08/10/2021 0B:00:00 CDT 09 02 2021 13;30,00 CUT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Descrition The City of Fort Worth(City)Invites participation In the Request for Proposal(RFP)for Contractors to or successfully manage nuisance the dors at the location san an as needed pecified herein. basis'The purpose of the services Is Terms S Conditions A pre-bid conference will be held Monday,Au ust 16,2021 at 11:00AM via WebEx. Meeting number(amass code): 1824 78 489V Meeting password:PXhnK42JCA8 Meeting Phone Number.469 210-7159 FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. Questions are due and of day Friday,August 20,2021. A completed proposal must he received In the Purchasing Division,by the above"proposal finish time" Proposals must be mailed In or hand delivered in a sealed package addressed to the Buyer(Megan Fowler),City of Fort Worth and have the bid number and opening date clearly marked on the submitted proposal cover page. Late proposals will not be considered for award unless proposers are notified otherwise.Proposals may be withdrawn at any time prior to the official opening by written notification.Proposals may not be altered, amended or withdrawn after the official opening Bids delivered by special couder(i.e.Federal Express,S eclal Delivery etc. are to be marked on the outside of the couriers shipping envelope.BID No.21-0184"CHEMICAL ODOR CONTROL SERVICES PART 2"and MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIORTO THE DEADLINE IN ORDE"RTO BE CONSIDERED. 1.Mall:City of Fort Worth,Purchasing Division,Attn:Megan Fowler for 21-0184 Lower Level.City Hall,200 Texas Street,Fort Worth,Texas 76102-6314 2, Hand delivered from 8:30am-1:30pm on Thursdays at the South End lobby of City Hail. 3.To submit a bid earlier,please call Purchasing at 81 7-392-2462 to make an appointment for Purchasing to pick up the bid.Monday through Friday between 8:30am-5.00 pm,at the South End Lobby at City Hell. Acknowledgment of Addenda:#1 f #2 #3__ _#4-#5 Late proposals will be returned or destroyed;they will not be opened nor considered In the evaluegon of the bid.Proposals may be withdrawn at any time prior to the official opening.Proposals may not be altered, amended or withdrawn after the official opening.The undersigned agrees,If the proposal Is accepted,to fumish any and all items upon which prices are offered,at the price(s)and upon the terms,canditlona and scope/specifications contained In this document.The period for acceptance of this bid will be 90 calendar days after the bid oppning date. Document List 1 Clty of Fort Worth Hid Offer 2 Cover Sheet 3 Request for Proposal 4 ttachments 4.1 Attachment A-Conflict of Interest Disclosure 4.2 Attachment B-How To Register with the City of Fort Worth 4,3 Attachment C-Draft Service Agreement 5) xl�lblt A-Scope of Services 8)1=xhll>It B-Coat Schedule Summary 7 Documentation Checklist a oRT%RT . CITY OF FORT WORTH BID OFFER Event ID Page invited: PUBLIC EVENT DETAILS o�wox-zx- sea Event Round Version 2 Submit To: City of Fart Worth 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing IRFP Chemical 9dor Control §ervicga Part 2 200Texas St. over Level,South) start Time Finish Time Fort Worth TX 78102 08/10 202 D :00:00 CDT 09 02/2021 13:30.=CDT United States Email: FMSAurchasingResponses@fortworthlexes,gov i The undersigned,by his/her signature,represents that he/she Is submitting a binding offer and Is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submittingg and signing below,acknowledges that he/she has received and read the entire document packet sections detlned above Including all documents Incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: ; tr t. Company Addrssa: 7!bit.m pt City,State,ZIP: [ Vendor Reglstrat on Printed Name of Officer or Authorizia RepMmantave. _Gahr a L Title: A A wi's Signa ure of Officer or Authorized Kepresentative. Date: Emai A ress: j3ACe Phone Number: 17C Federal Identification Number 9 i Two MgWater w0 ' M90PS Sys-Lem I Operational Performance System , { I { Table of Contents Introduction to MgPaaS Turnkey Services; Performance as a Service Partnership • Mgconsulting Services -a global/domestic leader in optimizing performance of water and wastewater facilities with the use of magnesia technology • MgOPS—Operational Performance System • Mg13aElance System-w Balancing biosolids processing performance and reuse MgWater RlI,�!tI R 1 l ' O T WORTMgWater . WA 1"SSIi MgOPS SyrYtem I Operational Performance System Proposed dosing location Summary 1. Introduction Premier Magnesia is happy to offer an extended turnkey operational plan for the City of Fort Worth. Historically the relationship with the Village CreekWRF has been one as a commodity supplier, contractually lumped In with other chemical supplies over a broad"Odor Control" contract, Moving forward Premier Magnesia Is proposing to offer the vast array of services that we currently supply to other Clients throughout the United States, Utilizing our"in house" expertise on all facets of water and wastewater treatment. In addition to our expert staff we have numerous working relationships with such esteemed organizations such as Vanderbilt University, Bucknell University and Virginia Tech. By allowing a turnkey service at the Village Creek WRF we can harness many of the extended attributes of Premier's technical grade magnesium hydroxide such as: Improved Anaerobic digestion - Improved A-S and F-F Treatment Enhanced Struvite Recovery Improved Blo-Phos Removal Reduced Odors/Corrosion - Fats,Oils&Grease Management Historically we know that wastewater treatment Is NET acid producing with common wastewater micro-organisms being more efficient in slightly alkaline pH-stable environments malting technical grade magnesium hydroxide a key essential biological nutrient.Technical grade magnesium hydroxide uses both pH and absorptive mechanisms to affect odors and total gas production. Divalent cations and pH aid In clarification and dewatering as well. By offering a holistic system management through our MgPaaS System we offer: Consulting Services; a global/domestic leader in optimizing performance of water and wastewater facilities with the use of magnesia - Asset Protection Odor Control Nutrient Management/Recovery Blosoiids Processing and Reuse Energy Recovery/Optimization MgWater ARREM R MAaNesrw,I,ev RT WO T MgWater 4�* WATM M90P System I Operational Performance System 4 r Thioguard Product The following information will provide a detailed view of not only our Thioguard product but also our general specifications that we offer insuring that the City of Fort Worth receives only the highest quality of magnesium hydroxide available within the United States. XXXX AUTHORITY PURCHASE SPECIFICATION FOR TECHNiCALGRADEMAGNESiUM HYDROXIDE SLURRY PRODUCED AND DERIVED FROM MAGNESIUM CHLORIDE BRINE AND EQUIPMENT INSTALLATION FOR MUNCiPALBIOLOGICALWASTEWATER TREATMENT PLANTS 3) SCOPEAND CLASSIFICATION a} Scope (a) Biological municipal wastewatertreatme nt requires substantial vend e r experience when (b) Wastewatertreatmentis performed Ina sensitive biological environment wherein operation is performed at near-neutral orslightly alkaline conditions,requiring the highest reactive technical grade magnesium hydroxide derived from magnesium chloride urine available,to provide active buffering at an optimal operational pH. (c) Lower reactive grades are Incapable of sufficlently neutralizing the acid generated In these environments and will pass through the system unused resulting In settling and damage in sensitive mechanical processes as well as decreased biological performance to meet permitted discharge requirements. (d) The specific application of a technical grade magnesium hydroxide derived from magnesium chloride brine within neutral pH municipal wastewate r must be manufactured to exacting particle size,specific surface area and particle size distribution to provide the highest reactivity withinthe biological treatment process and to maintain properstability within the treatment process as wellas product stability required for transportation,pumpingand handling priorto entry into the biological treatment process. (e) This specification establishesthe minimum requirementsfora60-month supply agreement forthe technical grade magnesium hydroxide MgWater r�R,E�!L ORT WoItT � MgWater WNW.." i I. MgOPSSVste 's I Operational performance System slurry produced and derivedfrom highly reactive magnesium chloride brine and the installation of equipment(tanks,pump,and pipe)for dosing of technical grade magnesium hydroxide slurry Into the wastewater collection system and treatment process. This product is used to control odor,reduce corrosion,reduce collection system gas binding and to maintain minimum alkalinity levels forthe nitrification process.This specification establishesthe minimum requirements fora 12-month annual supply agreementwith(4)foursubsequent(1)one-year evergreen contract periods and includes following sectlonson Scope and Classiflcation,Applicable Specifications,Material and Contractor Requirements,Delivery Requirements,and Invoicing Requirements.Each annual evergreen renewalshallbe subjectto pricing adjustments nottoexceed an increase of X%annually. b) Classification (a) The Installation and service will be located at the following XXXX locat[on(s); WRF location„City,State,Zip (b) This specification,until revised orrescinded,shall apply to eachfuture purchase qnd contract for the technical grade magnesium hydroxide derived from magnesium chloride brine described herein.Retalnforfuture use. Z) QUANTITYOFWORK a) Quantity of Work.There is no guaranteed quantity of work for the period of the Contract,and there are no minimum order quantities.Each truckload order will be full truckload quantities or no less than 3,500 gallons pertruckload order.Work will be on an as needed basis as specified by the City for each Delivery Order.Estimated total annual dry tons for all ship to locations Is estimated tobe X drytons/year, 3) ENVIRONMENTAL AND SAFETY a) The Contractor shall be responsible for complying with all Federal and State of XXXX standards, including but not limited to,regulations and laws concerning this type of service,Including EPA standards.This also includes XXXX AUTHORITY ordinances and regulations. 4) MATERIAL SPECIFICATIONS AND CONTRACTOR REQUI REM ENTS a) Materlai Speciflcations i (a) The Contractor shall at a minimum meetthe followingTyplcal specif[cations In Table 1A directly below as well as the Technical Requirements in section(b)I through(b)xili below,The Contractor shall provide with the bid submittal written specifications for the product bid that meet all the minimum specifications listed In the Table 1A below. All the specifications listed in Table 1A will require the Contractor shall provide with the bid submittal certlfied 3rd party laboratory testing results to ensure all the Typical specifications and Certifications listed in Table 1A are achieved.If the written specifications and certified 3'd party laboratory testing documentation is not provided at time of bid submittal,the bid will be disqualified. MgWater m�YREMIER Mnaivraw,��v q ! j 1 FpRTVVORT II MgWater M90PS System I Operational Performance System Table IA: Twical MeAlmum Mlinimugi slully Basis: M CH contained WdU GaIlan 7.7 8.0 7 S a $ ilds Basle; M 0 wt% 98.7 98.9 CEO Weys 0. @ SI02 wl°/. .20 38 Fe O W06 .10 .21 cld Insolubles,wt% .3 1.0 Medlan Particle Size.Mlemn 3.0 0.0 1,0 Specifim5urt ce Area m2 10 20 9 Acres/Gallon 3.21 3.5 3.0 t_bs,Atkatinit!Gallon 13.0 14.0 12.0 Caustio Me nesaActiv ea m Timed Liquid/Solid S a ;�!G] 240.0 250.0 ColloldM Sks en on mU Stabiized Residual Tesl Grams 4.0 Caustic Soda NaOH uivalent 1 Ib Equivalent to.73 lb Mg(OH)2 Soda Ash Na2CO3 Equivalent 1 lb Equivalent to.55 lb M OH 2 Ph ical Properties; anal Ibs,I el. 13.0 13.2 12. Solids,Wei ht Percent% 6111 62 @ VifioDalty,c s 1501 3Ix1 100 %Pessla -326 Mesh Slove 99.6 100 99.0 CediOcatlons: ISO 80M:2008-ANS111801ASO 09001-2008 Cortirred Distribution,Sates,end Manufaoture of pefidase and technical grades of magnesium oxide and hydroxide products. I (b)To be considered,the technical grade magnesium hydroxide slurry produced and derived from highly reactive magnesium chloride brine must also meet the following specifications,which shall be confirmed by a written analysis and submitted with the bid. submittal.Bid submittal will notbe considered complete without requested documentation.If documentation is notprovided at the time of bid submittal,the laid will be disqualified.The following specifications and verifications must be provided with the bid submittal: (i) Proof of Origination: 1. Thetechnical grade magnesium hydroxide slurry produced and derived from highly reactive magnesium chloride brine mustbe produced and derived from highly reactive magnesium chloride brinefor consistent product sizing, uniformity,reactivity,and highest purity.This requirement Is utilized to provide consistent performance,better dispersion,and suspension stability. Proof of origination of the technical grade magnesium hydroxideslurry produced and derived from highly reactive magnesium chloride brine shall requlrethe contractorto provide a written description of the method confirming howthe technical grade magnesium hydroxide slurry produced is derivedfrom highly reactive magnesium chloride brine with the bid submittal (il) ISO Certification: 1. The AUTHORITY will only accept bids from the Contractor for the technical grade magnesium hydroxide slurry produced and derived from highly reactive magnesium chloride brine submittedwith this bid that has been certified and maintains ISO9001:2008 -ANSI/ISO/ASASQQ9001-20M registration. 150 MgWater iRREMIER MARNR8IA.LLa 4 I �o�a 4MgWater WATER �y M90PS System I Operational Performance System ! 9001:200B Certificate of Registration helps ensures customers receive consistent,high-quality products and services as specif led in the bid. Contractor shall provide ISO 9001:2008 —ANSI/ISO/ASQQ9W1-2008 Certified Distribution,Sales,and Manufacture of periclase and technical grades of magnesium oxide and magnesium products (ill) Made In the USA Provision: 1. The technical grade magnesium hydroxide slurry mustbe produced and derivedfrom highly reactive magnesium chloride brine that originates and Is manufactured Inthe United States.Proof of origination of the technical grade magnesium hydroxide slurry produced and derivedfrom highly reactive magnesium chloride brine shall requirethe contractor to provide the written street address,town,state,zip code,contact name,and contact name telephone numberatthe manufacturing location address withthe bid submittal ffv) Minimum 98.5% MgO Purity: 1. The technical grade magnesium hydroxide slurryshall have a minimum MgO dry weight percent purity of 98.5%or greaterto ensure high-grade consistency,sufflclentsurface area,reactivity,and maximum alkalinity within the municipal wastewater.This requirement guarantees to minimize non- reactive insolubles and CaO calcium carbonate waste sludge. Contractorshall confirm this requirement by providing written analysis performed by certified V party laboratory with the bid submittal (v) Minimum 98.5% MgO Purity per Gallon: 1. The technical grade magnesium hydroxide slurryshall have a minimum 7.5 pounds pergallon ofaminlmum98.5% MgO dry weight percent purityto Insure a minimum reactive solids eantentper gallon,consistent sufficle nt Surface area,and reactivity within the municipal wastewater.Contractorshall confirm this requirementby providingwritten analysis performed by certified 3'd party laboratorywith the bid submittal (vi) Micron Size, 1. Thetechnieal grade magnesium hydroxide slurryshall have a median particle size no greaterthan 6.0 microns in orderto insure sufficient surface area and reactivity within the municipal wastewater.Contractorshall confirm this requirementby providing written analysis performed by certified 31d party laboratory with the bid submittal (vii) Minimum Alkalinity perGallon: 1. The technical grade magnesium hydroxide slurryshall have a minimum alkalinity pergallon of 12.0 lbs.per gallon in orderto ensure sufficient capacity to neutralize acid within the municipal wastewaterand wastewater Infrastructure.Contractorshall confirm this requirementby provldingwrltten analysis performed by certlfied 3.4 party laboratory with the bid submittal (vlll) Specific Surface Area: 1. The technical grade magnesium hydroxide slurryshall have a specific surface area,m2/g of no less than 9 square meters pergram in order to insure sufficientsurface area and reactivity within the municipal wastewater. Contractor shall confirm this requirement by providing written analysis performed by certified 31d party laboratory with the bid submittal MgWater R1EMIEN MAMURNIA.«.Q 1I E 1 i MgWater Fes- Wp7'I[ft MgOPS Systern I Operational Performance System (ix) Reactivity: 1. The technical grade rnagneslum hydroxide slurry shall have a Caustic � Magnesia Aetivlty/Sec no greaterthan 250 seconds in orderto ensure sufficient MgO wt%purity,alkalinity,surface area and reactivity within the municipal treatment plant.Contractorshall confirmthis requirement by providing written analysis with the bid submittal (x) Stabilized Residual: 1. The technical grade magnesium hydroxide slurry shall have a Stabilized Residual Testresult In grams of less than or equal to 4,0 grams to prevent feed tank handling and wastewatertreatment plant proble ms associated with instability of low-grade magnesium hydroxide slurry producedfrom uncalcined brucite,uncalcined dolimite,dolime,brucitic marble,or any caustic-enhanced orlime-enhanced versions of theformer.Contractorshall confirm this requirementby providing written analysis withthe bid submittal (xi) Maximum Allowable CaO; 1. The technical grade magnesium hydroxide slurry shall be capable of cost- effectively providing non-carbonate alkalinity for biological treatment plant processes.The percent byweight of the Contractor's magnesium hydroxide slurry shall not exceed 1.0%by welghtof CaO.This requirement Isto prevent watersofteningand to preventthe precipitation of magnesium and calcium that results in sludge production and reduced reactivity/reduced alkalinity. EPA Wastewater Technology Fact Sheet 832-F-OO-018 states:"The additiono€ treatment chemicals,especially lime, may increase the volume a waste sludge up to 50%".Contractorshall confirm this requirement by providing written analysis performed by certlfied3'd party laboratory with the bid submittal {xii)Timed Liquid/Solid SettleometerTest: 1. The technical grade magnesium hydroxide slurry shall a maximum settling of colloidal suspension of technical grade magnesium hydroxide slurry within a 250 mL graduated cylinder overthe course of 48 hours of 10 mL or a maximum settlingfrom 250 mt.to no lower than 240 mL. Settling of material requires more energyand effortto maintain uniformity,flowa billty and pumpablilty.The same Istrue in wastewater treatment processes,such as aeration basinsand channelswhere even sufflcient mlxingmay leadto accumulation of unreacted non-technical magnesium hydroxide.If added upstream,unreacted non-technical magnesium hydroxide mayfailto reach the Biological processes where alkalinity is needed. (xiil) Solids Weight Percent: 1. The technical grade magnesium hydroxide slurry shall have a minimum solids weight percent of 60%to ensure the minimum percent of reactive solids Is present 5) CONTRACTOR REQUIREMENTS MgWater RF1,�llL�R I,a I � I MgWater W/Cll!R M90PS SVstcawn I Operational Performance System a) The Contractor shall provide the following information as part oftheir bld package response.The bid package will not be considered complete without all of the following information submitted as part of the package.Bid packagesthat do not contain all of the requested items listed below will be disqualified from consideration.The bidderls required to provide: b) Magnesium hydroxide slurryproduced orderived from uncalcined brucite,uncalcined dolimite, i dolime,brucitic marble,or any caustic-enhanced rllme/calcium carbonate-enhanced versions of the former arg not compliant with this bid and will not be accepted. c) The Contractor's Is requiredto have a distribution terminal within 25 miles of the facility located at City,State,Zip. d) The Contractor distribution centershall have minimum technical grade magnesium hydroxide slurry Inventory at the distribution terminal as specified inTable 1A of6Q,OOD gallons at all times to ensure adequate supply in case of weather-related/force majeure eventsthat Impede transportation and delivery. e) The Contractor must supply with the bid submittal a current and valid Material Safety Data Sheet (MSDS)forthe technical grade magnesium hydroxide slurry produced and derived from highly reactive magnesium chloride brine.The MSDS must include a CAS numberfor the product. f) The Contractor must submit a written company background/historyand qualificationswith the bid submittal. g) The Contractor must submftwritten complete engineering specifications that detail equipment beingprovided with the bid submittal. h) The Contractor must submit with the bid submittal a minimum of four(4)municipal biological wastewater treatment plantwith references in the5tate(s)of Texas to whomthey currently supplytechnical grade magnesium hydroxide slurry produced and derived from highly reactive magnesium chloride brine including: (1) Name and address of the municipal biological wastewatertreatment plant (2) Contact person name (3) Contact person phone numberand email address I. (4) Current application location of product within biological wastewater treatment process (5) Each of thefour 14)municipal biological wastewatertreatment plant Must have an average daily treatment rate of greaterthan 5 million gallons treated per day. 6) EQUIPMENT REQUIREMENTS: a) The OWNER will require the selected SU PPLI ER to provide and Install,but not limited to,the following at all sites- (1) Chemical storage tank(s)consistent with magnesium hydroxide industry standard features regarding materials of construction,overflows,vents,mixers,etc. (a) Chemical storage tank mixing system with an output signal to OWNER'S remote monitoring system. Additional output connections can be provided for SUPPLIER monitoring. (b) Tank shall be equipped with storage level indicators with a signal output for OWNER'S remote monitoring system.Additional output connectionscan be provided for SUPPLIER monitoring.Reportingshall be continuous at 5- minute intervals. (2) Chemically compatible containment sized In accordance with the tank volumes as required by the site. (3) Chemical Injection Metering Pumps(dutyfstandby)and Integral Control System 4 MgWater aRR1EWER MAaNRalq,G0-0 13 MgWater1Fo . WA FFi MgOPS System I Operational Performance System � (a) Sygte m.shall allow for manual adjustmentof the chemical flow rate(as necessary to meet the target dissolved sulfide concentration)for each of the metering pump(s)in service with 25:1 turndown capability. Pump metering system shall have hourly flow programmingto supportdlurnal feeding patterns. i (b) Automatic switchoverto standby pump In the case of a malfunction of duty pump. j (c) Display chemical meteringflow rate of each pump and total flowrate of each site locally and remotely for continuous monitoring. (d) Signal output for OWN ER'S remote monitoring system.Add itional output con nectlonscan be provided for SUPPLIER monitoring, Reporting shall be continuous at 5-minute intervals. (4) All necessary appurtenances for a complete and fully operational system such as valves, fittings,piping,etc,included,but not limited to; (a) Chemical fill and injection piping as needed compatible with magnesium hydroxide and designed to minimize clogging due to slurry. (b) Fill-station with camlock quick connect and hall valve assembly Installed within the containment area. No part of the fill station shall be out of the containment area. Fill station assemblyshall be supported from the contalnmentwall or the ground. (c) Chemical Injectionflow meter(s)(installed downstreamofsampletap)with signal output for OWNER'Sremote monitoring system.Additional output connectionscan be provided for SUPPLIER monitoring,Reportingshall be continuous at 5-minute intervals. MgWater g;�REMIER I I o T�►VoR H. AIMgWater WAWR M90P v Sysaem I Operational Performance System I (d) Sample tap downstream of the chemical Injection pump(s)and upstream of the flow meter(s)to be located inside the containment area. (e) Fully functional and operational eyewash station meeting OWNER Health and Safety Standards (OSHA). (1) Submit alternative cost for temporary tank eyewash system.This will only require use if the OWNER has not provided permanentwatertothe site. ' (5) Temporary feed facilities capable of supplying magnesium hydroxide during replacement of existing facilities. (6) All SUPPLIERS are required to provide new equipment and appurtenances at each site except for the concrete pad. ii) SUPPLIER must itemize the system componentsto be furnished and installed at each dosing location as part of the bid documentation. ill) All materlalsof construction for storage,pumping,dosing,metering,piping/tubing,and mixing systems that come in contact with magnesium hydroxide chemical solution shall meet industry standards for material compatibility and conformto engineering best practicer,and safety forthe application. 2.01 TURNKEY SERVICE REQUIREMENTS A. SUPPLIER equipmentand appurtenances:The selected SU PPLIER shallf umlsh,deliver,install and place In satisfactory operation a complete turnkey chemical storage and feed system capable of feeding magnesium hydroxide chemical solution directly Into the wastewater collection system at dosing rates established herein at the two (2) locations identified above in Section 2.02 A. Provisions shall be included to provide any dosing rate required to meetthe target pH range between 8,0-8.5 at the target locations specified herein. I. The primary physical componentsof this turnkeysystem are provided in Section 2.01 and 2.02 of this specification. 2. SUPPLIER shall provide a transition plan to provide treatment with magnesium hydroxide chemical during the period of transition between the existing supplier and the awarded SUPPLIER equipment replacement. B. SUPPLIER Operation Requirements 1, The SUPPLIER shall provide as needed operational support to maintain continuous service of equipment24 hours a day,7 days a week,,365 days a year. 2. The SUPPLIERshall guarantee a minimum ofl3sitevisitsperyearpersite and a maximum of26 site visits per site for manual dose adjustments and operational requirements to maintain a fully operational system. This does not Include SUPPLIER site visits related to regular maintenance of the system. C. SUPPLIER Maintenance Requirements 1, The SUPPLIERshall provide as needed maintenance supportto maintain continuous service of equipment 24 hours a day,7 days a week.365 days a year. 2. The SUPPLIERshall be responsible forremoval of any spilled magnesium hydroxide chemical. 3. The SUPPLIER shall guarantee a minimum of: a. Quarterly calibrations for the chemical Injection pumps b. Quarterlyflow meterand storagetank level calibrations C. Quarterly inspections of the fllistation,and chemicalstorage tank and injection piping d. Quarterly Inspections of tank mixing system 4. All calibrations shall be communicated to the OWNER.If any changes are made that require scaling factorchanges In the OWNER'S remote monitoring system,the SUPPLIERshall notifythe OWNER immediateiyupon completion of the calibration. D. OWNER Responsibilities MgWater xPRE'NZER MAUNUUM.LLU J i 4 � I MgWater RT w4 WA9'1?H it MlgGPS ayste rn I Operational Performance System I. The 0WNERwIlI providetwo(2)dosing locations as spee'died herein and equipment site spaw j forthe selected SLIPPLIERstanks,containment,chemical Injection meteringpumps, i I I 4 MgWater A RF1,�!1IER ` f i 1 MgWater OR'1' O M90PS System. I Operational Performance System i e Is stem.This will Include but is not limited to: and any othernecessaryappurtenancesforafuklyopdo operational na y � Et. Site road access for delivery trucks b. Concrete pad for containment 2. The OWNER will provide remote monitoring system unitsto connect output signals to. 3. The OWNER will provide power at all sites.If no power Is provided, or there is not sufficient power,the OWNER shall install the necessary equipment to feed the necessary power requirement.This shall include,but not limited to,the Instruments, the pumps,the mixing system,and the flow meter.Coordination with the OWNER by the SUPPLIER will be required to guarantee power is available to the required locations. 4. The OWNER will provide water at all sites where potable water is required,The potable water shall be provided up to the containment area where required. Coordination with the OWNER by the SUPPLIER will be required to guarantee potable wateris supplied in the required locations. 5. The OWNER will sample wastewateratthe following locationsto monitor pH: a. Preston Road LS—ARV 8 2 b. Wilson Creek IS—Wilson Creek PM Discharge 6. The OWNERshall coordinate the removalof the existing chemical feed systernswkh the existing supplier.The awardedSUPPLIERisexpectedto provide anestimateddate to have equipment onsite to allow the OWNER to coordinate with the existing supplier. PART 3—EXECUTION 3.01 MAGNESIUM HYDROXIDE PROCUREMENT AND DELIVERY 1. Magnesium hydroxide chemical solution inventory shall be maintained by the selected SUPPLIFRat all sites for the proposed duration of this Contract.Minimum chemical inventory at each site shall not fall below the volume equivalent to a one (1)day supply based on the flows speclfled herein. 2. The SUPPLIER shall supply all required piping, hoses,valves, and fittings for tank filling.The SUPPLIER shall notifythe OWNER24 hours before expectedtime of each chemical dellverywith an anticipated time of delivery and a submittal of the product quality sheet forthe chemical to be delivered. 3. Delivery containers and all piping, hoses,valves, and fittings shall be structurally sound and meet Industry standards for material compatibility with liquid magnesium hydroxide. 4, The SUPPLIER must provide a certificate of analysis with each B111 of Lading with each load of magnesium hydroxide delivered.Certiflcate of analysisof each delivery may also be provider)with the Invoices. 6, All hatches and fill/drain connections shall be capped and In good condition to prevent contamination of product. delivery vehicle hoses shall be clean, capped, and sealed while in transit to each location to prevent contamination of product during unloading. 6. Packaging and shipping of magnesium hydroxide chemical solution shall conf ormto all current Federal and State regulations.The OWNER requires weight certificates from a certified scale to accompanyall shipments.Tankertrucks shall be in suitable condition for hauling magnesium hydroxide chemical solution and shall not contain any substances that might affectthe use orusefulness of the magnesium hydroxide chemical solution in treating wastewater or hazardous to the public or the Mg'l ater mRREWER MAGNESIA,1-L9 17 I I i O TWO MgWater . MgOPS System I Operational Performance System 1 environment. II 7. Any chemical spills at any of the two(2)sites caused by the selected SU PPLI ERwill t be properly and promptly cleaned and disposed of and shall be reported Immediately to OWN ER personnel,Spill cleanups shall be performed in accordance with all applicable OWNER, State, and Federal regulations at the cost of the SU M ER. b) The Contractor shall provide (x) number of feed pumps and (x)number and (x)size of HDPE feed tanks,XXXX AUTHORITY will provide concrete pads forthe tanks and equipment including electrical connections and water. Each feed tank shall Include: (1) 1 Greco EP Series or Watson Marlow SPX Series peristaltic hose pump per Injection point, (2) 1 Basic Operation control panel per location (3) 1 mechanical 2" stainless steel vertical shaft mixerlgearboxlgearbox motor with a minimum 30"diameter stainless steel mixing blades and mixing blades hub OR Authority Approved Equal. (4) 1 spare pump as a back-up at each WWTP plant, at no additional cost to the AUTHORITY. (6) The Contractor shall provide parts and repair service for the feed tanks: (a) Inspect pump and pump motor for proper working condition (2x/month) (b) Inspect pump hose for proper working condition (2xlmonth) (c) Inspect mixer shaft, hub, blades and gearbox m otor for proper working condition that Includes proper balance and alignment(2xlmonth) (d) Inspect gearbox oil levels for proper working condition (2xlmonth) (e) Change gearbox oil(every 6 months) (f) Inspect pump Hz and compare with scheduled pump Hz(2xlmonth) (g) Inspect power supply to feed unit (2xlmonth) (h) Inspect feed unit valves and electrical switches to ensure they are In proper position and record position of handlauto switch prior to departure (I) Response time for repairs shall be within 4 hours of notification (6) The Contractor shall have a Service Center within (x)miles of the XXXX AUTHORITY in order to respond to emergencies in less than 4 hours after notification by the Plant. (7) The Contractor shall submit a written report with the bid submittal that details how the technical grade magnesium hydroxide slurry produced and derived from highly reactive magnesium chloride brine provides non-carbonate alkalinity In a municipal wastewater treatment plant. This report shall document measurable results obtained through the use of technical grade magnesium hydroxide slurry produced and derived from highly reactive magnesium chloride brine, c) The Contractor shall contact the Contract Manager within v business days after award of contract to schedule a meeting. The purpose of this meeting will be to establish and mutually agree upon a schedule and coordination of the contract with plant operations. 4 MgWater , RFMIER AiwaNdWA,PLC 4MgWater o TwoR . WATER i Mgop,�% Systeim 1 Operational Performance System d) The Contractor shall not impede the operation of the plant. If the Contract Manager determines that the Contractor is interfering with the plants operation, the Contract Manager reserves the right to stop work and reschedule. The Contractor shall complete the tank installation within 4 weeks after award of the contract. i e) The AUTHORITY Manager will be the sole judge of acceptability of the work. i 7) DELIVERY REQUIRMENTS a) The Plant Superintendent or his Designee will place orders by phonelfax/email, on an"as needed" basis. b) All shipments shall be accompanied by a certified weight certificate,Certificate of Analysis and MSDS. c) Delivery hours shall be specified by the Authority d) The Contractor'shall be responsible for cleanup of any spillage or leakage during transportation or on the plant site due to defective pumpingfunloading or negligence of the driver. a) Delivery Locations: 'I. XXXXWastewater Treatment Plant 2. Contact Person: ' 3. Office: XXXX Fax:XXXX 4. Email: f) The AUTHORITY reserves the right to request additional technical grade magnesium hydroxide slurry produced and derived from highly reactive magneslum chloride brine feed locations as necessary. 8) INVOICING REQUIREMENTS a) Involces shall be submitted to the delivery location within 5 business days after delivery of product and shall include,but is not limited to,the following: (a) Contractor's name, on a professionally pre-printed numbered invoice (b) Contractor's address and phone number (c) AUTHORITIES contract number/purchase order number (d) Date of delivery (a) Location of delivery (f) Itemized description and pricing (g) Signed Chemical Delivery form for each delivery Mg'I ater RE adIER 19 i MgWater TWO' T wn �H M90PS System I Operational Performance System MgOPS System Operational Performance System PremierMagnesia LLC.Is proud to offerourcutting-edge technology Village CreekWRF, The MgOps system provides a cloud base data collection systemthat allows the usersto access critical data points throughoutthe Pre mier Operating Platform.This proprietary and patented System provides proprietary algorithmic MgOPS calculations, Proprietary manufacturingof tech grade mgOH2 product,Patentecitech grade mgOH2 productfor alkalinity &scale prevention. Some of the highlights are: • Cloud based-access data from any location o Ability to add concurrent users(multiple customers can access at once,plus Premier Magnesia associates) • Data collection from multiple sites,with multiple data sources at each site,to include: o Flow meters o Levelsensors o H2S monitors a Process pH meters o Pumpspeeds o Equipment state(e.g.pump on/off) ■ Dashboards for management use o Visibility to all sites from one primary dashboard o Potentiall(Pls: ■ Tank levels/physical parameters,inventory management ■ Time to empty/refill ■ Chemical usage vs.result(overfeed/underfeed) ■ pH monitoring and adjustment with trending ■ Tank loss/leakage(e.g.pumped volume=/=level loss) ■ Optional:Manufacturing/raw material lead time Optional:Leadtime from distribution point The MC Opssystem link seamlessly through ourSmart Panels located at eachsite. Through the MgOps system we can provide additional analysissuch as: ■ MgPaas:Performance as a(Constant)Service ■ MgOptomize:through the Dashboard dosing rates can be adjusted real time based on constantfeed backfrom monitoring devises ■ OPS Dashboard ■ OPSAnalytics: MgWater ' RLG IEl� MxoNEsfq.LLa Q f i i Olt•1'wOlt � I��, MgWpterw M90PS System i Operational Performance System NUM.terops -aEy0fxxx i EIN +WIw a Ie1dIrP&tr1 Larpl+n J,ANU/.gf/mews 5di31 A+krN! Ail UlAo krbV•d • MA iK,Sy711 �•9 Ur+g.AM"A 453 GP0 FPdUnO MJmiOc Urada Bi.W#Leif FA 376 PM NmMif Tx"I.W* AI MMIN Rwr3.1 hm!1.Lnle`+I G 0 T+ke I.r6a1 Tim.r.SI^ B.I Pileurl Jb tell - ILCO Cwr.nllmNnl.ry Vied T7M'71i. VupC71 RepdA YxnI IESf) 0311W.VM 03 on Wn 1109 leltl Capacbv -M hmMWyAmwM 3fm 7soe ReldW[."leap 6612 kmMary 110341P•ce 1.150 two fr AtturMamailowl LfN111g1 hpld+i'1N fNn1 Rf+dlpf CfpICIK 6f332 • Cwvlml 7 - CiiiedC 1 flow Gsl+ gaily SwMM.ln 0N1 mi UwwQ-TAfP6.A MWI Fd FMISUI _ fQ3�mgd-I w 0.1. ' GGlum .tlld+ ONlwn . D.Ik Avg I Perk TFfbd I Timd bq,lj Irmo7m8 1 AO 71Kl.Op '1IA29 ,40 3111PP N[Bf=1Wi0.7AFA 7 6 - �1167 7TZOM 711 10R A-M - 7.000DAM ]x0 9 100 .L 7/71 m 7A7.07NA ] 1]0 P3 315l.M ,0000AM 37tB7 305 MWv 7 g0.¢71YA a B - AVP 2.4 TA000 3 !B I 7175fCT737.W.OTI AM 3 0 234 ]!l/l070 7lFJJ0207 AM 2 7.B 1 7110fd72p 7Af110107ID.00JIkC 2 2 �60 7rI11PP Proposed Dosing Locations Outline Village Creek WRF 1dwa,ow"o I �1 ffRYad Tregwrl Pln `C�1 J' i1r.PaM TTyyppe�ql AIti Ir7 •P+.e•anT' 2.AU ' •T7}k p1E Aq r67 0F18..ran - •fwWlrFr. PAv+NF 1*14 PrNAW 1.12 I llp3t.rrIY 7AaM ��:i ' Amlrtl TYA'. . TN.yod •Tror N4M1lL V9 •TNf•i4A4 A0fVM1 •17.}yAay, 7.IkyNpf9 •TIyC i11,I1C1+V •f••�JMCY. M 7•F A11911 7N�Ydfdl�c 1,Ppmfq 417� 47Oft& Fdp I i Rhr i �j•1M.—. a 7Md TOW - ,Tf11i.Abp Erume _ - 1-01iw.F 5 oe a� 0drt/ d¢T dlOYd •iGlYrllr V71 ClLLlkhlmM: � 7.dl�4LIdPJln+O Mf! Ylf.+id+ 7�71y1i fMge• ow" YYNTeAL tr*wm i RN. 1. Aeration Basins 1-13 r MgWater APPREMIACR M+aoHesifl.La•c y i MgWoter T WORTH. MgOPS Sy*item I Operational Performance System wn 3 One 6,000-gallon tank would be installed with the MgOpsSystem to dose through a header system into all 13 aeration basins. a. Benefits: G 1. Increased Bloreactor Aeration Basin pH li. Increased BioreactorAlkalinity Ili. Lower SVI (Sludge Volume Index) Iv. Enhanced Ammonia Removal v. Enhanced Phosphorous Removal vi. Enhanced FOG Removal vil. Higher F/M Ration(Food/Mass) Ratio vial. Lower Mixed Liquor Suspended Solids Ix. Blower Run Times decreased b. How it works: i. Increases wastewater pH ii. Provides sustainable non-carbonate alkalinity Ili. Provides Nutrient enhancement for biological efficiency Iv. Enhances Sludge Settling and Conditioning v. Provides Odor Control c. How to Measure: I. Basin pH profile ii. Soluble alkalinity III, Higher F/M (Food/Mass) Ration Iv. Lower Mixed Liquor Suspended Solids v. Blower Run Times vi, Odalog(or other H25 monitoring device) d. Savings: 1. Increased Oxygen uptake Rate II. Lower Aeration Energy Casts III. Lower SVI iv. Lower Solids Production V. 2. BiosolidsTreatment One 6,000-gallon tank would be installed initially at the Primary digester cluster,feeding one digester only. This would include the MgOps System. By feeding into one digester only it will allow for daily monitoring of increased gas production as well as a decrease of solids loading a. Benefits: I. Digestion It. CHa Methane Production ill. Enhanced Dewatering MgWater APPREMIFR MAONl.61A,LM A 1 MgWater WTWot1T . , I M90ps System I Operational Performance System .� Iv. Increases pH and buffering alkalinity v. Stabliizes and enhances volatile acid and methane generation b. How it works: i. Increased digester pH and alkalinity ' li. Higher Alkalinity/Volatile Acid Ratio c. How to measure: i. pH meter readings ii. Alkalinity testing Ili. Volatile Acid Analysis iv. pH profile across process basins d. Savings: i. Higher Digester gas quantity and quality li. Increased Digester load capacity Hi. Lower solids disposal costs Summary Premier Magnesia's offering to include a Turnkey or Holistic approach to the Village Creek WRF provides the City of Fort Worth to capitalize.not only on a Partner with the same optimization goals as Village Creek but also opens the door to significant cost savings throughout the facility. If we look at the dewatering facility savings that the Cltycan realize alonethis could span into the millions of dollars. By having technical grade magnesium hydroxide Introduced into the plant at the two locations identified we will see a significant drop in wasting that then needs to be sent to third party dewatering operators for final re-case, In addition to the drop in actual sludge that must be dewatered in will also allow for the third-party operator to produce a much cleaner, dryer and less odorous product to be land applied. THIDGUARD • Dialogue Data Development 3-1)Customer Engagement FORT WORTH *)Mg 1Nater ESSGNnM1L TO UM WATER THIOGUARDTEAM and PROJECT PERSONNEL MgWater RREM, MACU4051 .u.8 13 I ' ott�Wa TH. MgWater M90 P.S system I Operational performance System �" Matthew P.Madolora Dlrectorof Water Technology,PremierMagnesia LLC,formerlyPremierChemleals LLCB.5.Chemical Engineering,1995•The UnlversttyofTexas at Austin Team Lead:25 years Water and Wastewater Experience,2M Yearswith premier Magnesia,Technology and SuperulsorySupport for All Aspects of Project Premier Magnesia(Formerly Premier Chemicals)is the G lobal industry leader and primary innovatorfor the use of magnesia in municlpal wastewatertreatment.Pioneeringand patentingthe first usesof magnesia for crown spray corrosion control In the 80s, Premierfoilowed shortly thereafter by pioneeringfull serviceH2S odor control programs usingmagnesia.Building on Industrial success for anaerobic dfgestertreatmentin the Ws and 90s,the developmentof several biological process applications leading to nutrient and resource recovery applications began In the early2000s. 20 years in varying capacities for Premier Magnesia including technical sales,productand process application, equipment development and installation,and applied magnesia innovation of specialty magnesia chemicals for water and wastewaterinthe United States. Specific Applied Processes: Collection System:Odors-Sulfide/Organic,Corrosion,Safety,FOG Abatement,Pumpingand Conveyance Efficiency WWTP: FOG,Odor,Hydrogen Sulflde Corrosion,Alkalinity Enhancement, Activated Sludge,BNR/ENR, Sidestream Treatment,Treatment Efficiency,Polymer Use,Flocculation,Chemical Synergy and optimization, Ch lorination/Dech lon n at[on,P-Reduction,TN treatment,D[gester-Gas Recovery,Anaerobic Treatment,Biosolids Quality and Disposal,Resource Recovery of Energy and Nutrients Steve LeBlanc,Project Manager, Project Facilitation and Customer Interface,Project Logistics,80+years in waterand wastewater Industry.Project Managerwith major environmental manufacturer specializing in Headworkscreens,Belt Filter Presses,and Centrifuges.Directorand liaison for emerging technologies Is USA, Canada and France.General ManagerfarCenadian dewateringf irm specializing in pH variances in precipitation of metals etc.,Canadian Artic.Recognized national expert In dewatering technologies. Patrick Simmons,Equipmentand Field Manager,Equipment Installation,Start-up and Maintenance,8+Years with Premier Magnesia Installing,Starting-Up and Maintaining Magnesia Feed Equipment.Hasa vast experience of equipmentbeyond service with Premier Magnesia,LLC.Prior to joining Premier Magnesia,Patrick was Involved in the US Army's Armored Divisions as a mechanic. Will Warren,Field Service Division Manager,Equipment Procurementand Supply, 8+Years with Premier Magnesia,in charge offleld service group that includes all personnel and equipmentfor both Thioguard (Municipal)and Aquamag(Industrial)divisions.This Includes oversight of installation,maintenance and managementof chemical feed equipment.Management of the f leld service personneiforall the Thioguard regions throughout the United5tates. 4liMgWater R199 a� I1] i 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by W.B.23,841h Leg., Regular Session. OFFICE u5E ONLY This questionnaire Is being filed in accordance with Chapter 176,Local Government Code,by a vendor who pate Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). f E By law this questionnaire must be filed with the records administrator of the local governmental entity not later i than the 7th buslnesa day after the date the vendor becomes aware of facts that require the statement to be flied. See Section 176.006(a-1),Local Government Cade. A vendor commits an offense If the vendor knowingly violates Section 176.006,Local Government Code.An offense under Ih1s section is a misdemeanor. .1J Name of vendor who has a business relationship with local governmental entity. A Check this box If you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was Incomplete or Inaccurate.) 9 Name of local government officer about whom the Information Is being disclosed. Name of Officer I 4J DGICTIbe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A� Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary, A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, olher than Investment Income,from the vendor? Yes ❑ No B. is the vendor receiving or likely to receive taxable income,other than Investment Income,from or at the direction of the local government officer or a family member of the officer AND the taxable Income Is not received from the local governmental entity? ❑ Yes F7 No 5 Describe each employment or business relationship.that the vendor named in Section t maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. e ❑ Check this box If the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 StMZure of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission RFP 21-0184 Chemical Odor Control Servloss Part 2 Revised 1/1/2021 www.elhlos.slate.tx.us Page 11 of26 15' 1 I I i I i FORTWORTH'@ ADDENDUM TO REQUEST FOR PROPOSAL_21-0184 Chemical Odor Control Services Part 2 PURCHASING DIVISION ADDENDUM NO.1 DATE ISSUED: August 25,2021 REQUEST FOR PROPOSAL (RFP):21-0184 BID OPENING DATE; September 2,2021 (UNCHANGED) ITB No.21-0104.Issued August 10, 2021,Is hereby amended as follows: 1. Questions and Answers document Is hereby Incorporated, In full text,page 2. All other terns and conditions remain unchanged, Megan Fowler BUYER ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrr���rrrrrrrrrrrrrrrrrrrrrrrrRrr�rrrrrr�rrrrrrrr By the signature affixed below, Addendum No. 1 is hereby Incorporated into and made part of the above referenced RFP. COMPANY NAME: SIGNATURE: NOTE:Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. A6 1 i I i Questions and Answers Q1. Can we bid an alternative to chlorine dioxide? Al. The City is willing to consider an alternate bid for chlorine dioxide,providing that the proposed solution utilizes Purate and sulfuric acid as the feedstock chemicals QZ, How many dosing locations does the city expect to actually have on this bid? is N just one of the WWTP,or up to 12 In the lift stations? A2. The specifications state one location. Q3. What is the pH target that the oiW expects for the wastewater that is treated with Magnesium Hydroxide? A3. Unknown, and will depend on application. Trial runs will be utilized to determine optimal dosing parameters. Q4. What Is the target for H28 gas?Should we put In the Odalogs? A4. The chemical will be dosed at a rate to ensure odors are not affecting offslte receptors and/or to improve solids treatment processes. 1-112S monitoring may be required if requested by the City. Q5. What is the flow of the lime where the chemical will be dosed? A5. Depends on application.Some process flows are below: • The annual daily average Influent flow at Village Creak Is approximately 100 MGD and Is subject to seasonal variations. Approximately 20%of this flow Is routed to Village Creek's small primary clarifiers(identified as clarifiers 1 -6). • Facility utilizes gravity thickeners,which have an average flow of approximately 2.8 MGD • Average flow to the anaerobic digesters Is approximately 0.8-0.9 MGD RFP 21-0184 Chemical Odor-Control Services Part 2 Addendum No. 1 Page 2 of 2 a 7 EXHIBIT B PAYMENT SCHEDULE [INSERTED BEHIND THIS PAGE] i Vendor Services Agreement Page 12 of 12 1 ! i EXHIBIT B COST SCHEDULE SUMMARY Bidders shall submit pricing on item"H", If the bidder is not able to provide the item, then"no bid"shall be stated on the"total"line. If the bidder is proposing a different chemical, then item "1"shall be used to provide the cost.All pricing shall be submitted in a separate sealed envelope labeled"Pricing"with the bidder's proposal. �.J ;.•,._'.!4! r} �1•I�, ,Pn' 4... n::�d -r:� -- 4 ti--- -n} y � � },� ?t , ,ii i- 'i µ H. goneslurn i�4roxldiSfut Tachnlcal tar de For Solids TMAtMQDj Pr—oces-aft-solutlon of 85.621%mg(o"2,minlinm at 90°Ia MgooH dry solids. Descrl2URI] DDOCIN yr,mg(OH12 Ea ice of— U12 Unit TotafC�st ergo ua ti Maesure cct sl a TechnicalG e timale quantity is based an feeding Boo gallonsof ` L>��. 219,000 Gallon •�� Y3 4 f g(OH)2 perday for 365 days. F d F u e-lumkey cost to set ups food Callon,including equipment,piping appurtenanaas, bor,monftadr4alarmingltelamelry InsirumentaUen, (rr4l forage tank and spill containment,fencing,site 1 EA $ try - crete pad,eta.As needed,Cllywill obtain asemen%build access roade,obtain propertyowner �rodwats fnet. ermisslons,and provide water and electrlcity service. fg2LqL9tWn Mprft Fe -Monthly fee per vendor- nstalled feed station(does not Include treatment 12 FA $ roduct).hoes not applyirfeed atatlon Is provided and maintained by City. H S Mordlorina Ske MonthlyFee•Monthly fee EA per hydrogensuBde monitoring site. 12 Qdor Control Service Monthly MonawmentFee, 12 EA 1G.1 r,►- �d- inoluding edministratlon,web services,and reporting. Total Contract Amount RFP 21-0184 Chemical Odor Control Services Part 2 Page 23 of 25 11/15/21, 11:09 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoT+ n DATE: 11/9/2021 REFERENCE**M&C 21- LOG NAME: 13P21-0184 ODOR CONTROL NO.: 0839 SERVICES PART 2 MGF CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Agreement for Chemical Odor Control Services Part Two with Premier Magnesia, LLC in an Annual Amount Up to $836,580.00 for the Water Department and Authorize Five One-Year Renewal Options for the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement for chemical odor control services part two with Premier Magnesia, LLC in an annual amount up to $836,580.00 for the Water Department and authorize five one-year renewal options for the same amount. DISCUSSION: The Water Department approached the Purchasing Division for assistance with procuring an agreement for chemical odor control services. The service is needed to control the odor and reduce or eliminate corrosion concerns within the wastewater collection system. In order to procure this service, staff issued request for proposals (RFP) No. 21-0184. The RFP consisted of detailed specifications regarding the type of chemicals, delivery and reporting. The RFP was advertised in the Fort Worth Star-Telegram on August 11, 2021, August 18, 2021, August 25, 2021, and September 1, 2021. The City received three proposals. Proposals were evaluated on best value criteria including the price, qualifications, methodology and past performance. Staff from the Water and Property Management Department evaluated the proposals submitted and recommend awarding the contract to Premier Magneisa, LLC with five one-year options to renew. No guarantee was made that a specific amount of these services will be purchased. Agreement Terms: Upon City Council's approval, this agreement will be executed and expire one year from that date. Business Equity: A waiver of the goal for M/WBE subcontracting requirements is approved by the Office Business Diversity, in accordance with the BDE Ordinance, because the application of the purchase of good or services is from sources where subcontracting or supplier opportunities are negligible. Administrative Change Order: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does note require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water& Sewer Fund to support the approval of the above recommendation and execution of the purchase agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM apps.cfwnet.org/council_packet/mc_review.asp?ID=29387&councildate=11/9/2021 1/2 11/15/21, 11:09 AM M&C Review F Cftd Department Account Project Program Activity Budget Reference # Amount rtfiel ren Submitted for City Manager's Office by_ Jay Chapa (5804) Dana Burghdoff (8018) Originating Department Head: Reginald Zeno (8517) 9� 9—p Chris Harder (5020) Additional Information Contact: Cynthia Garcia (8525) Megan Fowler (2057) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=29387&councildate=11/9/2021 2/2