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R12-010
II 1 RESOLUTION NO. R -12 — 010 2 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 THE PIGGY -BACK OF THE MANATEE COUNTY RFP 0 #11- 1065FL WITH SIEMENS WATER TECHNOLOGIES , 7 CORP., FOR ODOR AND CORROSION CONTROL , 8 SERVICES WITH AN ANTICIPATED ONE YEAR 9 EXPENDITURE OF APPROXIMATELY $200,000.00; , 10 PROVIDING AN EFFECTIVE DATE. 11! 1q WHEREAS, the Boynton Beach Utilities Department uses hydrogen peroxide to 11 control odor and inhibit corrosion in the sanitary sewer collection system; and t 1' WHEREAS, the City is currently piggy - backing a contract that Siemens has in 1 1 1 place with Manatee County which expires at the end of December 2011 and will be , 1E1 replaced by this new Agreement which shall continue through November 2012 with an 1 171 option for 4 additional 1 year extensions; and 14 WHEREAS, the City of Boynton Beach Utilities Department desires to piggy - 1 11 back the Manatee County RFP # 11- 1065FL with Siemens Water Technologies for Odor 1 2d and Corrosion Control Services. 1 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23, . Section 1. Each Whereas clause set forth above is true and correct and 241 incorporated herein by this reference. 251 Section 2. The City Commission of the City Of Boynton Beach, Florida, 201 hereby approves the piggy- backing of the Manatee County RFP #11- 1065FL with Siemens 27 ) Water Technologies Corp for the Odor and Corrosion Control Services with an anticipated 28 I one -year expenditure of approximately $200,000.00. 1 I 1 C 1 Document in Windows Internet Explorer i t !+ 1 Section 3. That this Resolution shall become effective immediately. 2 PASSED AND ADOPTED this 3 17d day of January, 2012. 1 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 Mayor — ' •driguez 10 ..,"? 11, G 12 ice Mari— William Orlove 11 7 1 �/ . sir s'% A / 15 , Commissioner -- Woe _ ._a 19,, 2Q Commissioner — tevIolzman 21! 24! Commissioner — Marlene Ross 21 ATTEST: A 2� 27, 3c dirt M. Prainito, MMC 31H , rty Clerk 32J 33 31 (Corporate Seal) I G Y :o. JJ� Y I 1 4 Document in Windows Internet Explorer M � !L; R 12 -010 AGREEMENT FOR ODOR AND CORROSION CONTROL SERVICES THIS AGREEMENT is made by and between the County of Manatee, a political subdivision of the State of Florida, hereinafter referred to as "County ", with offices located at 1112 Manatee Avenue West, Bradenton, FL 34205 and Siemens Industry, Inc. hereinafter referred to as "Consultant ", duly authorized to conduct business in the State of Florida,with offices located at 2650 Tallevast Road, Sarasota, FL 34243. WHEREAS, the County has determined that it is necessary, expedient and in the best interest of the County to retain Contractor to provide odor and corrosion control services for the Utilities Department; and WHEREAS, the Consultant submitted a proposal, in response to RFP #11- 1065FL, and the County conducted a competitive selection procedure in accordance with Manatee County Code of Law. NOW THERFORE, in consideration of the foregoing premises and the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: ARTICLE 1. SCOPE OF SERVICE This Agreement sets forth the general terms and conditions pursuant to which County retains Contractor to provide PROFESSIONAL ODOR AND CORROSION SERVICES FOR THE UTILITIES DEPARTMENT OF MANATEE COUNTY The Scope of Services for this Agreement is described in detail in Attachment "A" Scope of Services. In the event of a conflict between the terms and conditions provided in Articles in this part of the Agreement and any attachment or exhibit, the Provisions contained within these Articles shall prevail unless the term or provision in the attachment or exhibit specifically states that it shall prevail. ARTICLE 2. CONTRACT DOCUMENTS The Contractor shall comply with the following attachments which are attached and made a part of this Agreement: Attachment "A" - -- Scope of Services Attachment "B" - -- Payments Schedule Attachment "C" - -- Special Conditions Attachment "D" - -- Insurance Certificate ARTICLE 3. LIMITATION OF COSTS AND PAYMENTS Contractor shall be paid by County an amount in accordance with Attachment "B" for the provision of the Scope of Services. Contractor has been advised that no Contractor or employee of the County may authorize an increase in the above amount as evidenced by the initials of Contractor's representative in the margin. Any increase in total compensation must be authorized in writing by the Board of County Commissioners. ARTICLE 4. CONTRACT TERM A. Unless renewed or terminated as provided in this Agreement, this Agreement shall be for a period of one year, commencing on Board of County Commissioners approval, B. Renewals or extensions of this Agreement, if any, shall be as specified in Attachment "C" Special Conditions. ARTICLE 5. TERMINATION AND DEFAULT A. This Agreement may be terminated by the County in whole or in part at any time such termination is in the best interest of the County. This Agreement may be terminated by the Contractor only by mutual consent of both parties. B. If the County determines that the performance of the Contractor is not satisfactory, the County shall have the option of (1) immediately terminating the Agreement, or (2) notifying the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. The Contractor shall be paid only for that work satisfactorily performed for which costs can be substantiated. All work in progress will become the property of the County and will be promptly delivered to the County by the Contractor. C. If the County requires termination of this Agreement for reasons other than unsatisfactory performance of the Contractor , the County shall notify the Contractor in writing of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. The Contractor shall be entitled to compensation for all services rendered or performed through the date of termination, together with all authorized costs and expenses incurred in connection therewith provided the County has given the Contractor written notice ten (10) days in advance of the date of such termination and provided that services rendered and costs and expenses incurred do not exceed the maximum amount of compensation authorized for any phase of work based upon the percentage of the phase completed, or where applicable, any price established for a specific element of work. 2 ARTICLE 6. NOTICES All notices or written communications required or permitted hereunder shall be deemed to have been given when received if hand delivered or when deposited in the U.S. mail, postage paid and addressed as follows. If mailed to Contractor: Siemens Water Technologies Attn: Vaughan Harshman, P.E. 2650 Tallevast Road Tallevast, FL 34270 -0029 If by hand delivery: Siemens Water Technologies Attn: Vaughan Harshman, P.E. 2650 Tallevast Road Sarasota, FL 34243 If mailed to County: Manatee County Utility Operations Department Attn: Director 4410 66th Street West Bradenton, FL 34210 If by hand delivery: Manatee County Utility Operations Department Attn: Director 4410 66th Street West Bradenton, FL 34210 Notice of termination or withholding of payment shall be served by certified or registered mail, return receipt requested or by hand delivery. ARTICLE 7 GENERAL CONDITIONS A: MAINTENANCE OF RECORDS. i. Contractor shall maintain records, accounts, property records, and personnel records in accordance with generally accepted accounting principles, as deemed necessary by County to assure proper accounting of funds and compliance with the provisions of this Agreement. ii. Contractor shall provide County all necessary information, records and contracts required by this Agreement as requested by County for monitoring and evaluating services. Contractor's information shall be made available to County for audit, inspection or copying during normal business hours and as often as County may deem necessary, except for client records protected by client confidentiality rules or regulations established by State or Federal law. 3 In cases where client confidentiality applies, Contractor shall provide requested records in a fashion which maintains confidentiality. County shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement or License made by any local, State or Federal Agency. Contractor shall retain all of its records and supporting documents related to this Agreement in accordance with all applicable laws, rules and regulations; in the absence of any other requirement, such records and supporting documents will be retained by Contractor for at least three (3) years after the termination of this Agreement. B: COMPLIANCE WITH LAWS; NON - DISCRIMINATION. The performance of this Agreement shall be in compliance with all applicable laws, orders and codes of Federal, State, and local governments and the Americans with Disabilities Act. Additionally Contractor covenants and agrees that no person shall on the grounds of race, creed, color, handicap, national origin, sex, age, political affiliation or beliefs be excluded from participation in, be denied the benefits of employment by Contractor, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available by the County. C: LICENSES. Contractor shall obtain any licenses required to provide the Scope of Services and maintain full compliance with any licensure requirements. Copies of reports provided to or by any licensing or regulatory agency shall be forwarded to the County within ten days after receipt by Contractor. D: CONTRACTUAL LIABILITY. The relationship of the Contractor to the County shall be that of an independent Contractor. Nothing herein contained shall be construed as vesting or delegating to the Contractor or any of the officers, employees, personnel, Contractors, or subcontractors of the Contractor any rights, interest or status as an employee of the County. The County shall not be liable to any person, firm or corporation that is employed by contracts with or provides goods or services to the Contractor in connection with the Scope of Services or for debts or claims accruing to such parties. Contractor shall promptly pay, discharge or promptly take such action as may be necessary and reasonable to settle such debts or claims. E: SUBCONTRACTORS. Contractor agrees that the Scope of Services shall be provided by employees of Contractor and not by subcontractors. Nothing herein shall preclude employment of personnel through a lease or similar arrangement with the approval of County's representative, or contracts or leases for materials, supplies, facilities and other support services for Contractor's Scope of Services. F: NON - ASSIGNABILITY. Contractor may not assign, transfer, or encumber this Agreement or any right or interest in this Agreement. G: CONTRACTOR'S REPRESENTATIVES. Within thirty (30) days from the date of execution of this Agreement by both parties, Contractor shall provide the County with a list of representatives authorized to act on behalf of the Contractor. 4 ARTICLE 8 INDEMNIFICATION Contractor hereby agrees to indemnify, hold harmless and defend County, its agents, officers and employees from any and all claims, liability, loss or cause of action of any kind or nature arising out of the actions, omissions or negligence in whole or in part of the Contractor , its officials, agents, or employees in the performance of this Agreement. The Contractor shall pay all valid claims, losses, and judgments of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may result there from. County reserves the right to defend itself with its own counsel or retained counsel at Contractor's expense, unless County is found negligent or otherwise responsible for the occasion of the litigation. ARTICLE 9 INSURANCE Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at the Contractor's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the nature and type represented by the Certificates of Insurance attached hereto as Attachment D. Upon due notice from County, Contractor shall procure additional insurance as may reasonably be requested by the County to protect the County from liability. Until such time as the insurance is no longer required, the Contractor shall provide the County with renewal or replacement certificates of insurance not less than 15 days prior to the expiration or replacement of the insurance for which a previous certificate has been provided. In the event a renewal or replacement certificate is not available Contractor shall, not Tess than 15 days prior to expiration of any existing policy, provide County with evidence of a binder proving continuation of coverage and a new certificate as reasonably soon as possible. Manatee County, a political subdivision of the State of Florida, shall be named as an additional insured on the certificate of insurance evidencing commercial general liability coverage. Further, Manatee County will be provided with copies of all underlying additional insured endorsements. County shall be under no obligation to pay Contractor for any services provided or for any costs associated with Contractor's Scope of Services for any period of time not covered by the insured required under this Agreement. ARTICLE 10 COUNTY'S CONTRACT ADMINISTRATOR Manatee County Utility Operations Department, Director or such other employee as may be designated in writing by the County's Purchasing Manager shall serve as County's Contract Administrator and is authorized to interpret this Contract and designate such additional employees as may be required to monitor Contractor's performance, provide technical assistance, and assume other administrative duties associated with the implementation of this Agreement. Disputes over any provision not satisfactorily resolved with the Contract Administrator shall be referred to the Purchasing Manager or his designee. 5 ARTICLE 11 AMENDMENTS This Agreement may not be modified, amended or extended orally. This Agreement may be amended only by written agreement executed by the governing bodies of both parties. ARTICLE 12 SEVERABILITY In the event that any paragraph of this Agreement is adjudged by a court of competent jurisdiction to be invalid, such adjudication shall not affect or nullify the remaining paragraphs hereof, but shall be confined solely to the paragraphs involved in such decision. ARTICLE 13 HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE 14 AUTHORITY TO EXECUTE Each of the parties hereto covenants to the other party that it has lawful authority to enter into this Agreement and has authorized the execution of this Agreement by the party's authorized representative. 6 ODOR AND CORROSION CONTROL SERVICES RFP #11- 1065FL Siemens Industry, Inc. 2650 - - vast Road - rasota, Flo • • a 34243 WIT SSE : , 7 By: d � , JENNIFER R. MILLER, V.P. & GEN. MGR. Print name & title of above signer COUNTY OF MANATEE, FLORIDA Authority to execute this contract per Manatee County Code, Chapter 2 -26, and per the delegation by the County Administrator effective 1/26/2009/ revised 8/10/09. .011 By: W i i'1 ''C. "Rob" Cuthbert, C.P.M., CPPO Purchasing Official 7 ATTACHMENT "A ": SCOPE OF SERVICES A.01 GENERAL OVERVIEW Contractor will provide Odor and Corrosion Control Services for the Manatee County Utility Operations Department, Lift Station and Treatment Plants Divisions. The Contractor shall fumish the necessary personnel, materials, supplies, transportation, services and otherwise do all things necessary to provide Odor and Corrosion Control Services. The Contractor shall provide specific odor /corrosion treatment, related wastewater treatment plant issues /costs, establishing objectives and monitoring programs for odor /corrosion control treatment. A.02 GENERAL REQUIREMENTS a. Contractor shall provide the latest technically proven and most cost effective means of treatment possible. Contractor shall provide problem definition, treatment selection and ongoing monitoring process. b. Contractor shall establish a monthly communication link with County personnel as determined by the Wastewater Division Manager. The County shall have final approval of ongoing odor /corrosion control planning and adjustment process as wastewater collection /treatment systems continue to expand. c. Contractor shall, based upon treatment and budgetary objectives established by the Utility Operations Department, refine and adjust the existing odor /corrosion control program. The program shall include but not be limited to expanding services to wastewater treatment plants and designated pumping stations, adjusting the combination of current odor /corrosion products, and pilot testing additional treatment techniques as particular situations dictates alternative techniques and more cost effective programs. d. Contractor shall provide a service /maintenance program to include routine gathering of dissolved and atmospheric hydrogen sulfide data using portable and fixed devices at key monitoring points. The extent of the data collection will be approved by the Wastewater Division Manager and followed with regular written reports to the County. Contractor shall provide services that include traffic control, safety measures for both the public and workers, and shall coordinate all scheduling with County approval. 1 e. Contractor shall provide an introductory and organizational seminar regarding its services and staff members to the County representatives within thirty (30) days after contract award. f. The Contractor shall hold at least one (1) yearly workshop for a County employees at a County designated location to describe the latest techniques in the odor and corrosion control treatment. An agenda and detailed outline of topics for the workshop shall be provided to the County at least thirty (30) days prior to each workshop as agreed to by the County. g. The Contractor shall work with the County in establishing priorities in performing all work. Contractor shall respond to all calls of odor complaints within six (6) hours. h. The Contractor shall be completely responsible for the control of the environment of the work site during on -site operations. All precautions shall be taken by the Contractor to protect the workers, public and County staff from any exposure to harmful or hazardous substances within the sewer system and from dangerous work materials and equipment. i. Contractor shall be fully responsible for the operation of their vehicles and handling of all materials related to the odor and corrosion control services at all locations within the County j. Contractor shall be fully responsible for conforming to any and all requirements regarding handling, hauling, spill reporting and disposal of chemicals for the control services provided at each County work site in accordance with OSHA regulations and those that may be mandated by Federal or State Governments. k. Contractor shall prepare an annual report detailing the ongoing odor and corrosion control treatment program and any specific odor and control analysis that has been performed. I. Contractor shall inform the County of its planned work schedule and shall afford the County reasonable opportunity to observe and inspect the Contractor's work in progress. m. The Contractor shall provide a safety seminar every six (6) months to selected County employees describing all safety precautions necessary for odor and corrosion control chemicals that are in use and copies of MSDS sheets for those chemicals. 2 ATTACHMENT "B ": PAYMENTS A. CHEMICALIBIOLOGICAL PRODUCTS TABLE Al ITEM # DESCRIPTION PRICE 1 Bioxide $2.14 /gallon 2 Bioxide Plus 71 $3.15 /gallon 3 Bioxide AE $2.47 /gallon 4 Odophos $0.67 /gallon 5 Odophos Plus $1.27 /gallon 6 Ferric Sulfate (9 %) $1.30 /gallon 7 PRI -SC Odophos $0.77 /gallon 8 PRI -SC Odophos Plus $1.50 /gallon 9 PRI -SC Ferric Sulfate (9 %) $1.54 /gallon 10 50% Hydrogen Peroxide $0.390/Ib 11 PRI -SC Peroxide $0.455/Ib 12 VX -456 (Bulk Tanker) $1.12/Ib 13 VX -456 (Tote) $1.40/Ib 14 Aktivox (Bulk Tanker) $0.83/Ib 15 Aktivox (Tote) $1.12/Ib 16 Textone L $0.77/Ib 17 Endimal 1500 $1.49/Ib 18 AQuit $15.00/Ib 19 Alk AQuit 25 $1.31 /gallon 20 AE Plus 25 $1.31 /gallon 21 Sodium Hydroxide 25% $2.16 /gallon 22 Sodium Hydroxide 50% $4.75 /gallon 23 Sodium Hypochlorite $2.10 /gallon All product prices within this section include delivery, application equipment, ongoing maintenance, technical evaluation /support service, and technology licenses. s B. EQUIPMENT The following table represents monthly cost for new installations installed in Manatee County after October 1, 2011. All fees assume a minimum of 36 months for new sites. Siemens will work with Manatee County on providing the most cost - effective solutions for odor and corrosion issues. The County will be charged the following rates based on air flow and H2S levels on sites with relatively stable hydrogen sulfide loading and typically low organic loads. This table represents Siemens primary vapor phase technology choices. Siemens Primary Vapor -Phase Technologies Monthly Costs TABLE B1 ITEM DESIGN AVERAGE DESIGN H2S CONCENTRATION AIR FLOW (ppmv) (cfm) A. <10 B. 10 -150 C. 150 -300 D. 300 -500 1 Natural $125.00 $300.00 NA NA Draft 2 0 -75 $506.00 $693.00 NA NA 3 0 -140 $880.00 $1,290.00 $1,425.00 $1,980.00 4 0 -280 $980.00 $1,425.00 $1,980.00 $2,900.00 5 0 -600 $1,500.00 $1,980.00 $2,900.00 $3,275.00 6 0 -850 $2,200.00 $2,900.00 $3,100.00 $3,750.00 7 0 -1150 $2,600.00 $3,100.00 $3,275.00 $4,250.00 8 0 -1500 $2,850.00 $3,275.00 $3,750.00 $4,700.00 9 0 -2000 $3,050.00 $3,750.00 $4,250.00 $5,050.00 10 0 -3000 $3,500.00 $4,250.00 $4,700.00 $7,500.00 11 0 -4000 $3,975.00 $4,700.00 $5,050.00 $10,500.00 12 0 -5000 $4,350.00 $5,050.00 $7,500.00 $11,500.00 13 0 -8000 $6,800.00 $7,500.00 $10,500.00 $13,960.00 14 0 -12000 $9,850.00 $10,500.00 $11,500.00 $21,000.00 15 0 -15000 $10,800.00 $11,500.00 $13,960.00 NA 16 0 -18000 $12,980.00 $13,960.00 $21,000 00 NA Notes: 1. A mobilization fee of 2 times the monthly rental fee shall apply for all units. A de- mobilization fee of 2 times the monthly rental fee shall apply for all units removed prior to 36 months. 2. If a chemical scrubber is required all applicable sodium hydroxide and bleach shall be charged in addition to the above The following table represents monthly cost for existing installations installed in Manatee County prior to October 1, 2011. All fees assume a minimum of 24 months for existing sites. TABLE B2 ITEM DESIGN AVERAGE DESIGN H2S CONCENTRATION AIR FLOW (ppmv) (cfm) A. <10 B. 10 -150 C. 150 -300 D. 300 -500 1 Natural $100.00 $250.00 NA NA Draft 2 0 -75 $460.00 $630.00 NA NA 3 0 -140 $792.00 $1,161.00 $1,282.50 $1,782.00 4 0 -280 $882.00 $1,282.50 $1,782.00 $2,610.00 5 0 -600 $1,350.00 $1,782.00 $2,610.00 $2,947.50 6 0 -850 $1,980.00 $2,610.00 $2,790.00 $3.375.00 7 0 -1150 $2,340.00 $2,790.00 $2,947.50 $3,825.00 8 0 -1500 $2,565.00 $2,947.50 $3,375.00 $4,230.00 9 0 -2000 $2,745.00 $3,375.00 $3,825.00 $4,545.00 10 0 -3000 $3,150.00 $3,825.00 $4,230.00 $6,750.00 11 0-4000 $3,577.50 $4,230.00 $4,545.00 $9,450.00 12 0 -5000 $3,915.00 $4,545.00 $6,750.00 $10,350.00 13 0 -8000 $6,120.00 $6,750.00 $9,450.00 $12,564.00 14 0 -12000 $8,865.00 $9,450.00 $10,350.00 $18,900.00 15 0 -15000 $9,720.00 $10,350.00 $12,564.00 NA 16 0 -18000 $11,682.00 $12,564.00 $18,900.00 NA 1. If a chemical scrubber is in place all applicable sodium hydroxide and bleach shall be charged in addition to the above. C. PROFESSIONAL SERVICES & OTHER PRODUCTS. The following services are offered in conjunction with odor control projects that do not include provision of technologies or services from Siemens that are found elsewhere in this contract: Fully Automated Odor Control Products Product Description Proposed 1 H2S Monitor $345/mo. 2. Advanced Dosing Controller & Monitor $420 /mo Monthly fee includes Internet access to data. County shall be responsible for any necessary site improvements, utilities, and security required for the application of the products and services listed herein Professional Services: Service Description Fee 1. Engineer or Chemist $150.00/hr. 2. Technician $100.00/hr, 3. Professional Engineer (P.E.) $175.00/hr. ATTACHMENT "C" SPECIAL CONDITIONS 1. This Agreement may be amended for four (4) additional periods, each of one (1) year. 2. Compensation payable to Contractor for services rendered and expenditures incurred in providing the services identified in Attachment "A" and Payments Identified in Attachment "B ". 3. Compensation to Contractor shall be computed based on actual tasks completed and accepted. 4. Total compensation for the services and shall contain all costs to include salaries, office operation, transportation, equipment, overhead, general and administrative, incidental expenses, fringe benefits, operating margin and subcontractor costs. 5. Contractor shall provide County with invoices not more frequently than once a month for each calendar month in which services are provided. 6. Contractor's invoice shall be in a form acceptable to County, provide specific details with respect to actual service units and /or hours of work incurred and include other such detail as may reasonably be requested by County. 7. Any penalty for delay in payment shall be in accordance with the Florida Prompt Payment Act (Section 218.70, et seq., Florida Statutes). 8. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the County at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the County upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the County for a proper audit of costs. 9. County shall give Contractor prompt notice of any dispute with respect to Contractor's invoice and shall, within the time established above, remit payment for the undisputed amount to the Contractor. 10. The County shall remit payment for each invoice within forty-five (45) days after the receipt of an acceptable invoice. County shall give Contractor prompt notice of any dispute with respect to Contractor's invoice and shall, within the time established above, remit payment for the undisputed amount to the Contractor. 1 A R D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/19/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA, INC. NAME; 445 SOUTH STREET A / I INC. Not MORRISTOWN, NJ 07960 E - MAIL ADDRESS. INSURERS) AFFORDING COVERAGE NAIC a 100129 -SW1- -11112 4760 WHALE INSURER A : HDI- Gerling America Insurance Company 41343 INSURED INSURER B : Liberty Mutual Fire Ins Co 23035 SIEMENS INDUSTRY, INC WATER TECHNOLOGIES BUSINESS UNIT INSURER C : Liberty Insurance Corporation 42404 181 THORN HILL ROAD INSURER D . N/A N/A WARRENDALE, PA 15086 INSURER E . INSURER • COVERAGES CERTIFICATE NUMBER: NYC-005882246 -15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POUCY EFF POUCY EXP UNITS INSR WVIL POUCY NUMBER IMMIDDIYYYY) IMMIDDIYY'rn A GENERAL UABILITY GLD11101 - 03 10/01/2011 10/01/2012 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMI ( ocggranceI $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) S 100,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 7,500,000 GENL AGGREGATE LIMIT APPUES PER PRODUCTS - COMPIOP AGG S INCL 7 POLICY 7 JF a n LOC S B AUTOMOBILEUABILITY AS2- 631-004334-121 10/01/2011 10/01/2012 COaABINED SINGLE LIMIT 5,000,000 X ANY AUTO BODILY INJURY (Per person) S N/A X A OWNED ^ HH S E EDDULED BODILY INJURY (Per *consent) S N/A NON PROPERTY DAMAGE S N/A X HIRED AUTOS X AUTOS (Per accident) S UMBRELLA UAB OCCUR EACH OCCURRENCE _ S EXCESS LIAB CLAIMS -MADE AGGREGATE _ $ DED I RETENTIONS S C WORKERS COMPENSATION WA7- 63D-004334 -011 (AOS) 10/01/2011 10/01/2012 X I s ATUU- OTTH- C ANY PROPRIETOR/PARTNER/EXECUTIVE AND EMPLOYERS' LIABILITY YIN ( ) E L EACH ACCIDENT S WC7 -631-004334-021 OR, WI 10/01/2011 10/01/2012 1,000,000 C OFFICER/MEMBER EXCLUDED? © N / A EW5-63N-004334-421 (011) 10/01/2011 10/01/2012 (Mandatory In NH) ( ) E L DISEASE - EA EMPLOYEE S 1,000,000 It yes, d escr ibe urxler '$500K LIMIT / $500K SIR' 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N mom space Is requlmd) RE ODOR & CORROSION CONTROL SERVICES MANATEE COUNTY and CONSUMER PRODUCTS ARE HEREBY ADDITIONAL INSURED AS OBUGATED UNDER CONTRACT. CERTIFICATE HOLDER CANCELLATION MANATEE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN. FRANK LAMBERTSON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1112 MANATEE AVE WEST, SUITE 803 ACCORDANCE WITH THE POLICY PROVISIONS BRADENTON, FL 34205 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mul her)ee _ k&-% .9 s1 L ® 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Av » CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10/052011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA, INC. NAME: PHNE FAX 445 SOUTH STREET A/C. No. Eat): IAIC, No1 MORRISTOWN, NJ 07960 E - MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC M 100129 SWT - CPL - 11/12 SWT ERICKS INSURER A , Greenwich Insurance Canpany 22322 INSURED INSURER B . SIEMENS INDUSTRY, INC WATER TECHNOLOGIES BUSINESS UNIT INSURER C 181 THORN HILL ROAD INSURER D WARRENDALE, PA 15086 INSURER E . INSURER F COVERAGES CERTIFICATE NUMBER: NYC - 006048788 -15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADM SUBR POLICY EFF POUCY EXP LIMITS LTR !NCR MAID POUCY NUMBER (MMIDDfYYYY1 (MMIDD/YYYY1 GENERAL UABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABIUTY PREMISES SES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) S PERSONAL IL ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT A PPLIES PER _ PRODUCTS - COMP/OP AGG S 7 POLICY n E n LOC S COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) , ANY AUTO BODILY INJURY (Per person) _ S ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS HIRED AUTOS AUTO QED PROPERTY DAMAGE S - UMBRELLA UAB OCCUR EACH OCCURRENCE 5 _ EXCESS LIAB CLAIMS -MADE AGGREGATE S _ DED RETENTION $ WORKERS COMPENSATION 1 WC STATU- OTH- AND EMPLOYERS' UABIUTY Y f N TORY UMITR FR ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? n N 1 A (Mandatory In NH) E L DISEASE - EA EMPLOYEE S II yes descr OF OF OPERATIONS below E L DISEASE - POLICY LIMIT S A CONTRACTORS PEC002125205 10/01/2011 10/01/2012 EACH CLAIM / AGG 10,000,000 ENVIRONMENTAL PROTECTION SIR 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, M mots space Is r.qulred) CERTIFICATE HOLDER CANCELLATION MANATEE COUNTY GOVERNMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 202 6TH AVENUE EAST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BRADENTON, FL 34298 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee 4m.A.P .0 ® 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010!05) The ACORD name and logo are registered marks of ACORD AR ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 11/08/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT MARSH USA, INC NAME. PHONE FAX 445 SOUTH STREET MORRISTOWN, NJ 07960-6454 /)/. . Falk , No). - M C A IL ADDRESS. INSURERS) AFFORDING COVERAGE NAIC N 100129 SWT - E - EIL - cony 4714 DUFF INSURER A • Greenwich Insurance Company 22322 INSURED INSURER B . SIEMENS INDUSTRY, INC WATER TECHNOLOGIES BUSINESS UNIT INSURER C : 181 THORN HILL ROAD INSURER D WARRENDALE, PA 15086 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: NYC- 006296732 -01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN AADDL. SUBR POUCY EFF POLICY EXP R TYPE OF INSURANCE OMITS INSR WVD POLICY NUMBER INMIDD M/ /YYYY) (MDOYYYYI GENERAL LIABIUTY EACH OCCURRENCE S _ DAMAGE 10 RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS -MADE n OCCUR MED EXP (Any one person) $ _ PERSONAL 8 ADV INJURY _ $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG S n POLICY n!pi n LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S ANY AUTO BODILY INJURY (Per person) S ALL OS OWNED SCHEDULED ULED BODILY INJURY (Per accident) S HIRED AUTOS NON-OWNED PROPERTY accident) GE S UMBRELLA UAB OCCUR EACH OCCURRENCE _ S EXCESS LAB CLAIMS -MADE AGGREGATE DED RETENTIONS S WORKERS COMPENSATION I TORY 1 ATU- OTI FR AND EMPLOYERS' LIABIUTY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E L DISEASE - EA EMPLOYEE S 11 yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POUCY LIMIT S A POLLUTION 3 REMEDIATION PEC001942604 10/01/2011 10/01/2014 EACH CLAIM / AGG 10,000,000 LEGAL LIABILITY SIR 250,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS l VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) CERTIFICATE HOLDER CANCELLATION MANATEE COUNTY GOVERNMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 202 6TH AVENUE EAST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BRADENTON, FL 34208 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE or Marsh USA Inc. Manashi Mukherjee �LeLVmaoa► ®1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD v Pp - — � � t a /ll5on )M1 ( C- o slC4UJ/5 CQ�Y ,c�,7d�- !ryiG'sJJJ�? cc 7j' t �e P.O. eox 2400 Zrad3titos, Florida 3420,4 0 Nil 749 -1800 o FAR (9/31j Y4 P 4082 ) ,rrisr. ; i ri r7 se ra DATE: November 21, 2011 TO: Siemens Industry, Inc. 2650 Tallevast Road Sarasota, FL 34243 FROM: Clerk of Circuit Court Board Records Department Maggie Riestertyyk P. 0. Box 25400 Bradenton, FL 34206 RE: Agreement for Odor and Corrosion Control Services Approved: In open session by the Board of County Commissioners, Manatee County, Florida, on November 21, 2011. cc: Blair Getz, Purchasing Jim Marble, Utilities Chuck Froman, Utilities Peter Bonk, Utilities ' 'i"!de ;t Scor;c. ;';1: I ii: 2t do :4 ` @ ni', = ggPI A n "i :u ir; - z•;;2:717;11; , ;11 - 'r, _ MANATEE COUNTY GOVERNMENT - 14 AGENDA MEMORANDUM SUBJECT Odor and Corrosion Control Services TYPE AGENDA ITEM Consent DATE REQUESTED November 21, 2011 DATE SUBMITTED /REVISED November 7, 2011 BRIEFINGS? Who? No CONSEQUENCES IF Delay in acceleration of projects DEFERRED DEPARTMENT /DIVISION Financial Management / Purchasing AUTHORIZED BY Jim Seu rt 'rector TITLE CONTACT PERSON Blair C. Getz, Purchasing x 3053 PRESENTER/TITLE Daniel Gr y, Director, TELEPHONE/EXTENSION Rob Cuthbert, Purchasing x 3014 TELEPHONE/EXTENSION Utilities Department, 5323 ADMINISTRATIVE APPROVAL. 1 ACTION DESIRED INDICATE WHETHER 1) REPORT; 2) DISCUSSION; 3) FORM OF MOTION; OR 4) OTHER ACTION REQUIRED Authorize the County Administrator or his designee to execute the Agreement for Odor and Corrosion Control Services with Siemens Industry, Inc., Sarasota, Florida in accordance with the provisions of the Agreement. The Utilities Department estimates the annual expenditure will not exceed $2,505,000.00 ENABLING!REGULATING AUTHORITY Federal /State law(s), administrative ruling(s), Manatee County Comp Plan/Land Development Code, ordinances, resolutions, policy Ordinance 08-43, Manatee County Purchase Code Section 2- 26-45, Contracts and Administration. BACKGROUND/DISCUSSION The Manatee County Lift Station and Wastewater Treatment Divisions require odor and corrosion control services for the sewer lift station and waste water systems. APPROVFD IN APF'N CI:'QCIt1P! COUNTY ATTORNEY REVIEW NOV 2 2011 Check appropriate box BOARD OFCOUKIY COMMISSIONEI ; ❑ REVIEWED . MANATEE COUNTY, FLORIDA Written Comments: ❑ Attached ❑ Available from Attomey (Attorney's initials: ) NOT REVIEWED (No apparent legal Issues.) NOT REVIEWED (Utilizes exact form or procedure previously approved by CAO.) OTHER ATTACHMENTS: (List In order as attached) INSTRUCTIONS TO BOARD RECORDS: f:♦ c r r 1. Department Memo dated November 2, 2011 Original to Board Records and Siemens Industry Inc., 2650 Tallevast Road, Sarasota, FL 34243. 2. Agreement (2 originals) Blair Getz/Purchasing and Jim Marble, Chuck Froman and Peter Bonk Utilities Department. Funding Sources: 4010010101 544000 Rents & Leases SWWRF $67,168, 4010010101 552000 Operating Supplies SVWVRF $130,000; COST: Estimated cost $2,505,000.00 SOURCE (ACCT # & 4010010102 544000 Rents & Leases SEWRF $33,480, NAME): 4010010103 544000 Rents & Leases NWRF $53,352, 4010010300 534000 Other Contractual Services LIft Stations 31,486,000; 4010010300544000 Rents & Leases Lift Stations $735,000 AMTJFREQ. OF COMMENTS: N/A RECURRING COSTS: N/A (ATTACH FISCAL IMPACT STATEMENT) Agenda Memorandum Form last revised: September 28, 2005 S:lelair GetriAgendaslOdor & Corrosion Control Services Award.doc / fy f V1 AGENDA MEMORANDUM (continued) Page 2 • 6/1/11- 6/28/11 The appropriate proposal procedures were followed. The RFP was advertised on Manatee County's website, provided to the Manatee County Chamber of Commerce for release to members, the Bradenton Herald, Tempo News, and DemandStar. 8/14/11 County Administrator authorized staff to negotiate with Siemens Water Technologies (Siemens Industry, Inc.) for odor and corrosion control services. • November 1, 2011 Negotiations concluded resulting in an Agreement acceptable to all parties; and determined to be fair and reasonable to the Utilities Department. • Agreement will provide odor and corrosion control services for the Manatee County Utilities Department, Lift Station and Waste Treatment Divisions. The Contractor shall furnish the necessary personnel, materials, supplies, transportation, services and otherwise do all things necessary to provide odor and corrosion control services. The Contractor shall provide specific odor /corrosion treatment, related wastewater treatment plant issues /costs, establishing objectives and monitoring programs for odor /corrosion control treatment. • This Agreement will be managed by the Utilities Department. 0_1" MIEMORANTIDUM API UTILITIES DEPARTMENT ADMINISTRATION DIVISION a: _• Phone 941.792.8811 4410 66th Street West 1V A A - - (CO l� T' Fax: Bradenton, Florida 34210 '� '� U www.mvmanatee ee orq orq FLORIDA To: R.C. "Rob" Cuthbert, C.P.M., Purchasing Mana er From: Daniel T. Gray, Director, Utilities Departmentc).C� �C D Date: November 2, 2011 //4 /0// Subject: Department Award Recommendation RFP #11- 1065FL / Odor and Corrosion Control Services After careful review of the submitted proposal and the results of the negotiation with the selected proposer for the above referenced RFP by the Utilities Department and Public Works Department staff, a recommendation has been made that the Odor and Corrosion Control contract be awarded to Siemens Water Technologies Corp. Siemens was involved in the recent conversion of our odor control and corrosion equipment to a biological process reducing our dependence on chemicals and operating costs. We believe through continuing our association with Siemens we can better serve the public and efficiently maintain an odor free system. We have identified expected expenditures through the budgeting process of $2,505,000.00 during the first year of this contract. The ultimate funding source for this contract is utility rates, from the operating budgets of various wastewater sections in the Utilities department. Your assistance, and that of Blair Getz, with this process is appreciated. Thank you. DTG /dlw cc: Blair Getz, Contracts Negotiator, Purchasing Bruce Simington, Project Management Division Manager, Public Works Department Gus DiFonzo, Deputy Director, Utilities Department 9�IS�HOb Peter Bonk III, Wastewater Division Manager, Utilities EeRaMert 1 AiithO0 331Vieftl LARRY BUSTLE • MICHAEL GALLEN * JOHN R. CHAPPIE * ROBIN DISABATINO * DONNA G. HAYES • CAROL WHITMORE • JOE NIcCLASH District 1 District 2 District 3 District 4 District 5 District 6 Dtstnct 7