Request for Qualifications and Proposals
(RFQ/P)
Centrifuge Polymer for Wastewater Division
Water Department, Wastewater Division
Bakersfield, California
April 15, 2026
Contractors wishing to be considered for this project should thoroughly read this Request for Qualifications Proposals (RFQ P). The specifications for pretrial submittals are provided in Section II. Pre-qualified contractors must submit their Proposal Package in accordance with the requirements of Section X. As required by Section X, a signed copy of the enclosed sample agreement must be submitted with the Proposal Package.
I. GENERAL DESCRIPTION AND REQUIREMENTS
The City of Bakersfield Water Department Wastewater Division (City) is soliciting bids from qualified suppliers in order to establish a contract for the supply of Centrifuge polymer to be used at Wastewater Treatment Plant No. 3 (WWTP 3). The contract will have a n initial two-year term and be renewable annually for an additional three consecutive one -year periods, for a total term of five years, at the City’s option and upon mutually agreeable terms. Supplier shall furnish and use, at their own expense, all materials, labor, tools, equipment, supplies, and transportation to provide the service specified herein.
Suppliers wishing to submit bids shall pre -qualify each product before submitting their bid.
To pre- qualify a product , S upplier shall conduct testing at WWTP 3 and determine the optimum Centrifuge polymer and dosage for the unit . The Supplier is r esponsible for all material and transportation costs involved in this testing, as well as the disposal of all containers and unused product resulting from testing. Supplier shall be the manufacturer of the polymer(s) or the sole authorized direct manufacturer’s representative. Supplier shall arrange for time and date to conduct testing with the contact person stated in Section VIII.
Supplier is to supply Centrifuge polymer in bulk delivery. The exact frequency of deliveries cannot be stated at this time, however, it can be noted that currently 3, 500 gallons of centrifuge polymer are delivered to WWTP 3 every month. Supplier shall deliver between the hours of 7:00 a.m. and 3:30 p.m. Monday through Friday, no weekend delivery. All deliveries will be made to Wastewater Treatment Plant No. 3, 6901 McCutchen Road, Bakersfield, CA 93313. Supplier will be responsible for offloading and pumping the polymer into the storage tank. Supplier’s sales representative shall provide a monthly service call to monitor polymer performance and maintain the efficiency confirmed in the trials. Supplier shall provide technical assistance to the City as needed, and shall conduct an initial site visit to optimize the product feed rate when the product is put into service. Supplier shall provide the City with Certificate of Analysis for the polymer used during the trial as part of the submittal package after receipt of pre -qualification letters from Wastewater Division.
The City of Bakersfield reserves the right to request Certificate of Analysis for any batch of centrifuge polymer delivered to the plant after the contract has been awarded.
RFQ/P – Centrifuge Polymer for Wastewater Division
The intent of the contract is to secure a reliable S upplier to provide polymer on an “on- call as needed” basis. Every effort will be made to provide adequate lead time to the successful Supplier for bulk deliveries.
For the purpose of this RFQ/P, the term “Supplier” and “Contractor” are interchangeable and refer to the firm providing the Centrifuge polymer.
II. PRE-TRIAL SUBMITTALS
Each potential Supplier will have the opportunity to bench test (jar test) their product(s) prior to commencing Centrifuge trials. The jar testing will be conducted at the City of Bakersfield WWTP 3 laboratory. A City staff or designee shall monitor all jar tests. Supplier shall supply all equipment necessary for jar testing and shall clean up t he workspace after completing the jar testing.
Before beginning Centrifuge trials, each potential S upplier must submit product specifications and safety data sheets (SDS) for the product to be tested. The City reserves the right to disqualify any polymer before the trials if a product poses a safety hazard, health hazard, or odor problem to treatment plant personnel. Product specifications shall include a viscosity standard, specific gravity, and percent active polymer content of the material as delivered to the plant. The submitted specifications will become part of the Contract of the successfully bid product and will be treated as the proprietary information of the Supplier.
III. PRE-QUALIFICATION TRIAL PROCEDURE
1. Each Supplier will be assigned a consecutive two-day trial period, seven hours per day periods to come on -site to the City of Bakersfield WWTP 3 and test their product. During their assigned trial period , each S upplier will have sole use of the Centrifuge unit. Supplier will be assigned a trial period on a first come, first served basis. The City work hours at WWTP 3 are 7:00 a. m. - 3:30 p.m. Monday through Friday . The Supplier must ensure that all their equipment, etc. has been removed and any polymer spills are adequately cleaned up by the end of business hours on the second day of their trial period. Supplier will use totes of polymer for test purposes.
2. A City staff or designee will be assigned and designated as a coordinator to inst ruct, conduct, and assist each s upplier during the trial. Supplier shall communicate only with the coordinator and no one else.
3. Due to time and testing constraints, each S upplier will be allowed to submit only one polymer for full scale evaluation. The S upplier will use the City's polymer feed equipment during the evaluation and test. City staff or designee shall take a draw -down rate measurement at each polymer set point which supplier utilizes during their trial. City staff or designee shall record the mL/min polymer feed rate at each set point and co- relate this to the cake, sludge feed and centrate samples taken in conjunction with each set point. At the end of the trial, City staff or designee, and supplier’s representatives shall review the City of Bakersfield Centrifuge Polymer Pre-Qualification Trial Log and both shall sign the log.
RFQ/P – Centrifuge Polymer for Wastewater Division
4. During the trial period, the Centrifuge unit will be operated by City staff. Only one centrifuge will be used for performance testing. The Centrifuge unit will be operated in the same manner for all polymer trials.
5. The first day (optimization day) of the trial period is to be used by the Supplier to conduct jar testing and optimize Centrifuge performance. The City will not evaluate any performance for this day , except that the supplier will be required to declare to the City their optimum polymer dosage rate. All changes will be carried out by City staff and recorded.
Should the Supplier wish to conduct jar testing prior to the two-day centrifuge trail period, arrangements can be made by contacting the person indicated in Section VIII.
6. The second day of the test period will be used to evaluate the performance of the selected polymer. During this period, two (2) test runs must be made; first at a 220 gpm sludge feed rate, second at a 250 gpm sludge feed rate. The supplier will indicate the polymer dosage for each sludge feed rate. The centrifuge will operate for a minimum of two (2) hours at each dosing and feed rate. Samples of the feed sludge, centrate, and sludge cake will be collected at each sludge feed and dosage rate. Two set of samples, one hour apart, will be collected for each test run. City staff shall conduct and record all polymer draw- downs during centrifuge dewatering testing. Draw-downs shall be taken at each polymer set point the supplier utilizes during their trial. City staff shall record the mL/min polymer feed rate at each set point and co- relate this to the cake, feed sludge, and centrate samples taken in conjunction with each set point. During the test period, the backdrive will be operating in the auto torque mode with the differential speed set point at 2.3. Supplier is not allowed to request changes to the differential speed set point during the two test runs. For each test run, once the sludge feed rate has been set, the supplier is allowed at most a 60 minute window during which they can make any necessary adjustments to the polymer dosage. The first set of samples will be taken after at least 60 minutes have elapsed from when the last changes to the polymer dosing were made, the second set of samples will be taken 60 minutes after the first set. At the end of the first run, 30 minutes will be allowed for the new sludge feed to be established.
8. Sludge feed rates for all suppliers will be 220 gpm for the first test run and 250 gpm for the second test run. Supplier will be required to treat all feed sludge despite variations in any of its characteristics.
9. Only designated City representatives will collect samples. Both the feed and the centrate samples will be approximately 100 mL samples poured into plastic containers. The cake sample will be collected and transferred to a sample container. The sample containers will have the following information written onto blank labels: Date, sample collection time (to the nearest minute), sample type, sampler’s name, supplier's name and polymer tested, and sample set number.
All samples collected shall be tested at the WWTP 3 laboratory. Each Supplier will receive a copy of their results from the City. City will analyze for % Solids on the sludge cake, % Solids on feed sludge, TSS on centrate sample, and will provide the % solids capture RFQ/P – Centrifuge Polymer for Wastewater Division
(Capture Efficiency). Analysis will be based on Standard Methods for the Examination of Water and Wastewater, 20th Edition.
IV. METHOD OF PRE-QUALIFICATION EVALUATION
The lab results shall be used to determine if the polymer tested meets the minimum criteria for pre-qualification which are as follows:
a. Sludge Cake % Solids shall be greater or equal to 22%.
b. % Solids Capture (Capture Efficiency) shall be equal or greater to 95%
Only polymers that fulfill both of the above criteria will be pre-qualified. If all polymers tested fail to meet the pre -qualification criteria, consideration will be given to the best performing polymers.
Wastewater Division will issue a letter stating the pre -qualification results. Supplier shall submit only the pre-qualified polymer proposal price. Any polymer without the pre- qualified letter from Wastewater Di vision will not be considered. Once the feed solids have been determined, the City will determine the dosage at each set point in terms of lbs of neat polymer/dry Ton of solids. The City will issue an official bid sheet for all "qualified" suppliers, on which the official dosage at which the suppliers qualified, as determined by the City, is shown and utilized in the final calculation.
V. METHOD OF EVALUATION
After receiving the pre -qualified let ter from Wastewater Division , Supplier shall provide proposal price to the City . The contract will be awarded to the S upplier whose poly mer gives the lowest Annual Polymer Cost calculated using the following formulas:
𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐶𝐶𝐸𝐸𝐸𝐸𝐸𝐸 =
(𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝐹𝐹𝑆𝑆−𝐶𝐶𝐹𝐹𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐹𝐹 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝐹𝐹𝑆𝑆)
𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝐹𝐹𝑆𝑆
Feed Solids= value from trials
Centrate Solids= value from trials
𝐴𝐴𝐸𝐸𝐸𝐸𝐶𝐶𝐶𝐶𝐴𝐴 𝑃𝑃𝑃𝑃𝐴𝐴𝐸𝐸𝑃𝑃𝐶𝐶𝐶𝐶 𝑄𝑄𝐶𝐶𝐶𝐶𝐸𝐸𝐶𝐶𝐸𝐸𝐶𝐶𝐸𝐸 = �𝐷𝐷𝑃𝑃𝐷𝐷𝐶𝐶𝐷𝐷𝐶𝐶 ∗ 𝐴𝐴𝐶𝐶𝐶𝐶𝐴𝐴𝐶𝐶𝑆𝑆 𝑆𝑆𝑆𝑆𝐴𝐴𝐹𝐹𝑆𝑆𝐹𝐹 𝑄𝑄𝐴𝐴𝐶𝐶𝐶𝐶𝐶𝐶𝑆𝑆𝐶𝐶𝑄𝑄
𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐴𝐴𝐶𝐶𝐹𝐹 𝐸𝐸𝐸𝐸𝐸𝐸𝑆𝑆𝐸𝐸𝑆𝑆𝐹𝐹𝐶𝐶𝐸𝐸𝑄𝑄 �
Description: Dewatering polymer to treat digested sludge to achieve 95% or greater solids capture and produce 22% or greater solids sludge cake.
Dosage = Polymer dosage determ ined during performance testing. Dosage will be converted to lbs neat polymer/dry ton sludge using polymer chemical characteristics indicated in the corresponding SDS provided by Supplier.
Annual Sludge Quantity = 3,500 DT/yr
Capture Efficiency = value calculated from above
% Solids Capture (Capture Efficiency) shall be equal or greater to 95%
RFQ/P – Centrifuge Polymer for Wastewater Division
𝐴𝐴𝐸𝐸𝐸𝐸𝐶𝐶𝐶𝐶𝐴𝐴 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶 = (𝑃𝑃𝐶𝐶𝐸𝐸𝐸𝐸𝐶𝐶 ∗ 𝐴𝐴𝐸𝐸𝐸𝐸𝐶𝐶𝐶𝐶𝐴𝐴 𝑃𝑃𝑃𝑃𝐴𝐴𝐸𝐸𝑃𝑃𝐶𝐶𝐶𝐶 𝑄𝑄𝐶𝐶𝐶𝐶𝐸𝐸𝐶𝐶𝐸𝐸𝐶𝐶𝐸𝐸) + [(𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐸𝐸𝐶𝐶 𝐻𝐻&𝐷𝐷 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶𝐷𝐷 ∗ �
𝐶𝐶𝐴𝐴𝐶𝐶𝐶𝐶𝐹𝐹𝐶𝐶𝐶𝐶 𝐶𝐶𝐶𝐶𝐶𝐶𝐹𝐹 %
𝑇𝑇𝐹𝐹𝑆𝑆𝐶𝐶 𝐶𝐶𝐶𝐶𝐶𝐶𝐹𝐹 % �]
Price= Proposal price to be provided by supplier
Annual Polymer Quantity= Value calculated from above formula
Current H&D Costs= $102,000
Current Cake % = 22%
Test Cake % = Value from trial runs
An Annual Total Cost will be calculated factoring the annual costs determined for each of the two flow rate conditions as shown below:
𝐴𝐴𝐸𝐸𝐸𝐸𝐶𝐶𝐶𝐶𝐴𝐴 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶
𝐶𝐶𝐶𝐶 220 𝑆𝑆𝐶𝐶𝑔𝑔 𝐸𝐸𝑆𝑆𝑆𝑆𝑓𝑓 𝐶𝐶𝐶𝐶𝐶𝐶𝐹𝐹 ∗ 0.64 = 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶 1
𝐴𝐴𝐸𝐸𝐸𝐸𝐶𝐶𝐶𝐶𝐴𝐴 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶𝐶𝐶𝐶𝐶 250 𝑆𝑆𝐶𝐶𝑔𝑔 𝐸𝐸𝑆𝑆𝑆𝑆𝑓𝑓 𝐶𝐶𝐶𝐶𝐶𝐶𝐹𝐹 ∗ 0.36 = 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶 2
𝐴𝐴𝐸𝐸𝐸𝐸𝐶𝐶𝐶𝐶𝐴𝐴 𝑇𝑇𝑃𝑃𝐶𝐶𝐶𝐶𝐴𝐴 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶 = 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶 1 + 𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶 2
VI. FEE PROPOSAL
Request for payment of services shall be billed, with an itemized invoice, to the City in accordance with the proposal price submitted in response to this RFQ/P.
The proposal price submitted with this RFQ/P shall be held constant throughout the term of this agreement.
The Supplier will be responsible for compensating their employees in accordance with all applicable labor laws and regulations.
VII. TIME SCHEDULE
Event Date
RFQ/P Released April 15, 2026
Pre-Qualification trials April 22, 2026 – May
20, 2026
Pre-Qualification letters sent out May 27, 2026
Proposal price from qualified suppliers due latest by* June 3, 2026 at 3:00 p.m.
Final results sent out June 5, 2026
City Council award date June 24, 2026
*Proposal price should be submitted to:
City of Bakersfield
Wastewater Treatment Plant No. 3
RFQ/P – Centrifuge Polymer for Wastewater Division
Attn: Jesus Banuelos
6901 McCutchen Road
Bakersfield, CA 93313
VIII. POINT OF CONTACT
For scheduling a pre-qualification trial and for any questions regarding this RFQ/P, please contact:
Jesus Banuelos
Engineer II
661-326-3723
[email protected]
IX. SOLICITATION CAVEAT
The proposer understands and agrees that the City of Bakersfield shall have no financial responsibility for any costs incurred by the proposer in responding to this Request for Qualifications/Proposals and shall not be liable for any proposer costs attributed to its own study and investigation or design of a specific project until the pr oposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications /Proposals after three (3) days’ notice to all prospective proposers.
The submission of a proposal shall be conclusive evidence that the consultant has investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield.
X. SUBMITTAL OF STATEMENT OF QUALIFICATIONS/PROPOSAL
Pre-Qualified Contractors responding to this RFQ/P must include the following items in their proposal package:
A. One copy of the completed “General Information Sheet” (Attachment RFQ/P -1) signed by a company official; and
B. One signed copy of the Draft Independent Contractor’s Agreement for this project (refer to Section XI, “CONTRACT DOCUMENTS”, of this RFQ/P); and C. One copy of the Fee Proposal (refer to section VI).
The submittal items must be placed into a sealed envelope bearing P roposer’s name and the words
Statement of Qualification/Proposal for Centrifuge Polymer Water Department, Wastewater Division
Bakersfield, California
RFQ/P – Centrifuge Polymer for Wastewater Division
Before 3:00 p.m. on Wednesday, June 3, 2026, the submittal package must be delivered to:
Jesus Banuelos, Engineer II
Water Department, Wastewater Division
6901 McCutchen Road
Bakersfield, California, 93313
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delays. It is the Proposer’s responsibility to meet the deadline stated above.
Submittals which do not contain the required documents and all the information requested in this RFQ/P may be considered non-responsive and rejected without evaluation.
Submittals received after the deadline or at the wrong location will be considered non - responsive. Fax copies will not be accepted.
XI. CONTRACT DOCUMENTS
A sample copy of the City's INDEPENDENT CONTRACTOR’S AGREEMENT is included as Exhibit A with this RFQ/P. Please review the agreement carefully. Thi s is the contract the SUPPLIER will be expected to execute without alteration. If a ny changes are desired, the Supplier must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the end of proposal period and Final Results are sent out. If approved, the City will then issue the changes to all prospective suppliers prior to the due date.
As part of its submittal package, an officer of the firm must sign and return a copy of the sample agreement. The signature indicates that the firm accepts the clauses of the contract, including the indemnity clause, as stated in the enclosed sample copy of the City’s agreement and any modifications thereto issued by the City during this solicitation.
An “Acknowledgment Line” which reads as the following will be found below the signature line of the draft agreement. The officer must review the sample agreement carefully prior to signing the draft agreement.
“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
The Supplier shall not be allowed to alter or negotiate contract l anguage after the submittal of Supplier’s Statement of Qualifications/Proposals. Failure to execute the contract without alteration may result in the rejection of the Supplier ’s proposal and the ret aining of a different supplier by the City.
At the time of c ontract execution, the Supplier will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.
RFQ/P – Centrifuge Polymer for Wastewater Division
XII. TERMINATION FOR DEFAULT AND CAUSE
In the event that the Supplier fails to perform under the terms of the contract, the City may cancel the contract with five (5) days written notice to the Supplier. Termination for cause shall be at the discretion of the City and such cause shall include, but not be limited to, the following circumstances:
a. If the Supplier shall fail to provide services, supplies or materials or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part.
b. Any assignment, subletting or transfer of the interest of the Supplier, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
After receipt of a notice of termination, except as otherwise directed, the Supplier shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders, except as necessary for completion of such portion of the work not terminated; and settle all outstanding liabilities and claims.
In case of default by Supplier, the City may procure the articles or services from other sources and hold the Supplier and/or it’s surety responsible for any resulting additional purchase and administrative costs and may deduct from monies due, or that may thereafter become due to the Supplier, the difference between the contract price and the actual cost thereof to the City, including all costs for re -procurement and contract completion. Prices paid by the City shall be considered the prevailing market price at the time such costs are incurred. This remedy shall be in addition to any other remedies that the City may have.
XIII. CONTRACT PRICING
The unit prices quoted by the Contractor shall be firm against any increase for a period of one (1) year from the effective date of the Contract. Prior to commencement of subsequent renewal terms, the City will entertain a request for price adjustments.
Annual adjustments shall be based on the U.S. Department of Labor Consumer Price Index (CPI) for All Urban Consumers (CPI -U) for the most current twelve month reporting period available. Contract price may be adjusted to reflect any increase or decrease in price of materials and overhead based on the movement of the unadjusted figures of the U.S. Dept. of Labor Producer Price Index (PPI) – Chemical and Allied Products (Serial ID# WPU06790961). Calculations of price adjustments shall use the latest version of the published PPI data.
Price adjustments shall be calculated by applying the simple percentage method. This method is defined as dividing the Index value at time of calculation (latest version of the Index published as of the date of the request for price adjustment) by the Index value of base period (final published data of the Index for the base period at the time of bid or subsequent renewal periods), then multiplying the sum by the base price (price at time of award).
RFQ/P – Centrifuge Polymer for Wastewater Division
𝐴𝐴𝐴𝐴𝐴𝐴𝐶𝐶𝐷𝐷𝐶𝐶𝐶𝐶𝐴𝐴 𝑃𝑃𝐶𝐶𝐸𝐸𝐸𝐸𝐶𝐶 = 𝐼𝐼𝐸𝐸𝐴𝐴𝐶𝐶𝐼𝐼 𝑉𝑉𝐶𝐶𝐴𝐴𝐶𝐶𝐶𝐶 𝐶𝐶𝐶𝐶 𝑇𝑇𝐸𝐸𝑃𝑃𝐶𝐶 𝑃𝑃𝐸𝐸 𝐶𝐶𝐶𝐶𝐴𝐴𝐸𝐸𝐶𝐶𝐴𝐴𝐶𝐶𝐶𝐶𝐸𝐸𝑃𝑃𝐸𝐸 𝐼𝐼𝐸𝐸𝐴𝐴𝐶𝐶𝐼𝐼 𝑉𝑉𝐶𝐶𝐴𝐴𝐶𝐶𝐶𝐶 𝑃𝑃𝐸𝐸 𝐵𝐵𝐶𝐶𝐷𝐷𝐶𝐶 𝑃𝑃𝐶𝐶𝐶𝐶𝐸𝐸𝑃𝑃𝐴𝐴 ∗ 𝑃𝑃𝐶𝐶𝐸𝐸𝐸𝐸𝐶𝐶 𝐶𝐶𝐶𝐶 𝑇𝑇𝐸𝐸𝑃𝑃𝐶𝐶 𝑃𝑃𝐸𝐸 𝐴𝐴𝐴𝐴𝐶𝐶𝐶𝐶𝐴𝐴
The City will consider annual price increases only in cases when Contractor’s commercial rates have changed for all customers served by Contractor. The price change cannot apply only to services provided under this Agreement. Adjustments shall in no case exceed five percent (5%).
It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the City within the sixty (60) calendar day period prior to the annual anniversary date of the Contract. Requests filed after this time period may not be considered. The City will review the request for increase and either grant or deny the request within fifteen (15) calendar days. Any Contract unit price changed as a result of this procedure shall become effective on the anniversary date of the Contract and shall be binding on the Contractor for the ensuing renewal term or terms.
If the Supplier and the City do not agree on a price, using the procedure set forth above, by the thirtieth (30
th) day prior to the end of the initial Agreement term or the end of the ensuing renewal term or terms, the City may terminate the Agreement whether or not the City has previously elected to extend the term.
The City reserves the right to accept or reject any request for a price increase. If the City approves the price increase, the price shall remain firm for one (1) year from the effective date of the price increase. If the City does not approve the price increase, the Contractor may terminate its performance under the Agreement upon sixty (60) days advance written notice to the City. Termination of performance shall be the Contractor’s only remedy if the City does not approve the price increase.
If at any time during the term of the Agreement a price decrease occurs, the Contractor shall submit a price decrease in accordance with the methodology prescribed herein. The price decrease shall become effective upon the City’s receipt of Contractor’s notice.
XIV. EXTREME ECONOMIC CONDITIONS
During the term of the Contract, should the Contractor’s costs increase more than ten percent (10%) due to extreme economic or market conditions, the City may consider additional increases under the Contract. It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary and requested by the City. The City reserves the right to accept or reject any request for a price increase. If the City approves the price increase, the price shall be subject to review as market or economic conditions change. All price decreases of any amount occurring after an adjustment for extreme economic conditions shall be immediately passed to the City. If the City does not approve the price increase, the Contractor may terminate its performance under the Agreement upon sixty (60) days advance written notice to the City. Termination of performance shall be the Contractor’s only remedy if the City does not approve the price increase
XV. ATTACHMENTS TO THIS RFQP
The following documents are attachments to this RFQP:
Attachment #1 – General Information Sheet
RFQ/P – Centrifuge Polymer for Wastewater Division
Attachment #2 – Sample Agreement
Attachment #3 – Request for Information Form
RFQ/P – Centrifuge Polymer for Wastewater Division
Attachment RF Q/P-1 -- General Information
Sheet
Centrifuge Polymer for Wastewater Division
Bakersfield, California
Date: ______________________________
Legal Name of Firm: ___________________________________________________________ Type of Organization: __________________________________________________________ Individual, Partnership or Corporation
For corporations, the state in which the firm is incorporated: ____________________________ Federal Employer I.D. Number: __________________________________________________
Street Address: __________________________________________________________ __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________
Telephone Number: __________________________________________________________ Facsimile Number: __________________________________________________________ Contact Person: __________________________________________________________ Name
__________________________________________________________ Phone Number
__________________________________________________________ E-Mail
____________________________________________________________________________ Name of Principal-in-charge Title License Number
____________________________________________________________________________ Signature of an officer of the firm Title Date
RFQ/P – Centrifuge Polymer for Wastewater Division
Attachment RFQ/P-2 -- Sample Agreement
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and _________________________________________ a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of ________________________________.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (“Scope of Work”) . The Scope of W ork shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the S cope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”): [choose one]
(1) A total, lump sum payment of $ _______________ after the Scope of Work is completed to CITY’s satisfaction, or
(2) On an hourly [or time/material] basis in accordance with the hourly rates as shown on Exhibit A.
CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work RFQ/P – Centrifuge Polymer for Wastewater Division
completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.
CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $_____________ for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on _________________ [Date].
4. TERMINATION. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
8. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR ’s sole cost, comply with all of the requirements of m unicipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all m unicipal ordinances and s tate and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, RFQ/P – Centrifuge Polymer for Wastewater Division
obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent s and warrant s that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
11. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
12. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
17. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY RFQ/P – Centrifuge Polymer for Wastewater Division
and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
19. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
20. INSURANCE.
20.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement , the types and limits of insurance below ("Basic Insurance Requirements").
20.1.1 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage , and personal injury, with limits of not less than $1,000,000 per occurrence.
20.1.2 Commercial general liability insurance, unless otherwise approved by CITY ’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per
occurrence. The policy must:
20.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
20.1.2.2 Provide products and completed operations
coverage;
20.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
RFQ/P – Centrifuge Polymer for Wastewater Division
20.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence . I n accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation
to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self -insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting
the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees , and designated volunteers.
20.2 General Provisions Applying to All Insurance Types.
20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any
RFQ/P – Centrifuge Polymer for Wastewater Division
insurance or self -insurance maintained by CITY and its mayor, council, officers, agents, employees, and
designated volunteers must be excess of CONTRACTOR’s
insurance and must not contribute with it.
20.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers
with a Best’s rating as approved by CITY ’s Risk Manager , but in no event less than A- :VII. Any deductibles, self - insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and
approved by CITY in writing.
20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
20.2.5 Full compensation for all premiums which CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional
premiums which may be required by extensions of the
policies of insurance.
20.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and
carried by CONTRACTOR in connection with this
Agreement.
20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance
Requirements must be provided by, or on behalf of, all
subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors
must agree in writing to be bound by the provisions of this section.
21. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
RFQ/P – Centrifuge Polymer for Wastewater Division
22. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.
23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work . If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
24. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
25. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
26. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: ____________________________
____________________________
____________________________
____________________________
RFQ/P – Centrifuge Polymer for Wastewater Division
28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
29. SB 854 COMPLIANCE . To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
31. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
32. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)
33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third -party claims relating to this Agreement . CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
RFQ/P – Centrifuge Polymer for Wastewater Division
Attachment RFQ/P-3 -- Request for Information Form
Request for Information Form – Centrifuge Polymer for the Wastewater Division, Water Department
BIDDING QUESTION TO: City of Bakersfield, Water Department 6901 McCutchen Road, Bakersfield, CA 93313
Attention: Jesus Banuelos, Engineer II
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than 10:00 A.M. ten calendar days prior to the scheduled RFQ/P due date. This will allow time to respond to the question and/or to issue an addendum to all consultants addressing the question.
Questions received after the above set due date will not be acknowledged. The form may be sent via facsimile, postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.
Date Submitted:
Submitted by:
Contact Person:
Address:
Telephone Number:
Facsimile Number:
QUESTION:__________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ RESPONSE: Date:_________ Answered by: Name Company ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:
Addendum Required: YES___________ NO ______________