Fresno City Council
October 8, 2026

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FORMAL COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into, effective on ______, by and between CITY OF FRESNO, a California municipal corporation (City), and SNF POLYDYNE INC, a Delaware corporation (Vendor).

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:

1. The Charter for the City allows for cooperative purchase agreements for materials, supplies, and equipment. The City may use another government as an exception to the competitive bid process. The
Parties agree that the Vendor has entered a contract with Central Marin Sanitation Agency Contract No. 24-39 (Original Government Contract). The solicitation for the Original Government Contract is attached as Exhibit A.

2. work described in the Original Government Contract, which is attached hereto as Exhibit B and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

3. in Exhibits A and B, subject to all the terms and condition contained or incorporated herein.

4. Notwithstanding the requirements that the Original Government Contract is fully binding on the Parties, the parties have agreed to modify certain nonmaterial provisions of the Original Government Contract as applied to this Agreement between the Vendor and the City, as follows:
a) Insurance and Indemnity provisions attached as Exhibit C. b) Address change for the City: Notwithstanding the address and contract information for the government entity as set out in Exhibit B, the Vendor agrees that notices and invoices will be sent to:

City of Fresno
Attention: Sean Miranda
2101 G Street, Bldg A
Fresno, Ca 93706
Phone: (559)621-1151
E-mail: [email protected]
c) Notwithstanding anything in Exhibits A and B to the contrary, this Agreement shall be governed by, and construed and enforced in accordance with , the laws of the State of California, excluding however, any conflict of laws rule which would apply the law of another jurisdiction.
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Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
d) All other provisions in the Original Government Contract are fully binding on the parties and will represent the agreement between the City and the Vendor.

IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.

CITY OF FRESNO,
a California municipal corporation
By:

Melissa Perales
Purchasing Manager
General Services Department
APPROVED AS TO FORM:

ANDREW JANZ
City Attorney
By:

Sukhman S. Sekhon Date
Deputy City Attorney
ATTEST:

AMY K. ALLER
City Clerk
By:

Deputy Date

SNF POLYDYNE INC,
a Delaware corporation
By:

Name:

Title:
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:

Name:

Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
VENDOR:

SNF Polydyne Inc.

Attention: Rawlin Castro
1 Chemical Plant Rd
Riceboro, GA 31323
Phone: (800)848-7659
E-mail: [email protected]
Attachments:

Exhibit A - Original Solicitation
Exhibit B - Original Government
Contract Exhibit C - Insurance and
Indemnity Exhibit D - Vendor Quote

EXHIBIT A

CENTRAL MARIN SANITATION AGENCY

REQUEST FOR BIDS
CONTRACT NO. 24 39

SUPPLY AND DELIVERY OF LIQUID EMULSION POLYMER
BID OPENING DATE: 2:00 P.M. PT, Thursday, May 30, 2024
April 2024
Marin County, California

TABLE OF CONTENTS
Notice Inviting Sealed Bids
Section I: General

1. General Provisions

2. Instructions to Bidders

3. Special Instructions to Bidders

4. Terms and Conditions
Section II: Technical Specifications

1. Supplemental Provisions

2. Product Pre Qualification Requirements
Section III: Bid Response Packet

1. Bidder Information and Acceptance Form

2. Non Collusion Affidavit

3. Bid Form
Appendix
A. Location Map, Site Plan, and Polymer Station
B. Chemical Supply Agreement
C. Polymer Receiving Receipt
D. Unit Cost Adjustment Example
E. Current Sludge Characteristics

NOTICE INVITING SEALED BIDS

FOR SUPPLY AND DELIVERY OF LIQUID EMULSION POLYMER

CENTRAL MARIN SANITATION AGENCY (CMSA)
CONTRACT NO. 24 39
The Central Marin Sanitation Agency (CMSA or Agency) is seeking competitive sealed bids for the supply and delivery of liquid emulsion dewatering polymeric flocculant (liquid emulsion polymer). All sealed bids must be received by 2:00 P.M. PT, Thursday, May 30, 2024 at the CMSA Administration Building located at 1301 Andersen Drive, San Rafael, CA 94901. Bids received after said date and time will be returned to the sender unopened, and will not be considered under any circumstances. Bids postmarked but received after the bid opening will not be accepted. Bids submitted electronically or by facsimile will not be accepted.

The scope of this contract is to furnish and deliver liquid emulsion polymer on an as required basis to the CMSA facility. Liquid emulsion polymer will be used to dewater digested sludge from an anaerobic digestion process.

Eligibility for a bidder to submit a bid is dependent on prior completion of full scale product performance testing as specified in Section II 2 PRODUCT PRE QUALIFICATION REQUIREMENTS.

The Bid Contract Documents and any addenda modifying the Bid Contract Documents may be reviewed at select Northern California Builders Exchange / Plan Room locations, and are available electronically for download, at no cost, at https://bids.cmsa.us.

For additional information or any questions concerning this bid, please contact Jacky Wong, Associate Engineer, at (415) 459 1455 ext. 130, or by email at [email protected].

SECTION I: GENERAL

CENTRAL MARIN SANITATION AGENCY

SUPPLY AND DELIVERY OF LIQUID EMULSION POLYMER
CMSA CONTRACT NO. 24 39
Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section I: General I 1

1. GENERAL PROVISIONS
The Central Marin Sanitation Agency (CMSA or Agency) is seeking competitive sealed bids for the supply and delivery of liquid emulsion polymer. All sealed bids to be considered for this solicitation must be received by 2:00 P.M. PT, Thursday, May 30, 2024 at the CMSA Administration Building located at 1301 Andersen Drive, San Rafael, CA 94901. Bids received after said date and time will be returned to the sender unopened and will not be considered under any circumstances. Postmarks are not accepted. Bids submitted electronically or by facsimile will not be accepted.

CMSA reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

If you have any questions regarding this bid, please contact Jacky Wong, Associate Engineer, at (415) 459 1455 extension 130 or by email at [email protected]. 2. INSTRUCTIONS TO BIDDERS Each bidder is responsible for understanding the project site and scope of work to be done. Each bidder represents and agrees that its submission of a bid shall be considered conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the work to be performed; as to the quality and quantity of materials to be furnished; and as to the requirements of this contract.

The successful bidder shall not at any time after submission of the bid, dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done.

2.1 Schedule of Events
Anticipated bid and engagement schedule is shown in Table 1.

Table 1: Schedule of Events
Event Date
Request for Bids issued April 19, 2024
Registration deadline to participate in bid process, i.e., schedule full scale and/or bench scale testing May 10, 2024
Optional bench scale testing (see Section II 2.2 Trial Schedule) April 22, 2024 – May 10, 2024 Mandatory full scale testing (see Section II 2.2 Trial Schedule) April 29, 2024 – May 17, 2024 Bid opening May 30, 2024 at 2:00 PM
Notice of Award By June 14, 2024
Execute Agreement By June 30, 2024
Contract Start July 1, 2024

2.2 Bid Submittal
Bids must be submitted only upon the forms provided in Section III Bid Response Packet that includes the following: Bidder Information and Acceptance Form, Bid Form, and Non Collusion Affidavit. Bid submittals must be properly filled out in non erasable permanent ink. All bid submittals must be signed, dated and sealed. The bid submittals may be rejected if they show any omissions, alterations of form, the addition Supply and Delivery of Liquid Emulsion Polymer
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of information not requested, a conditional bid, or irregularities of any kind. A complete bid submittal must include all of the following components:
a. Fully executed Bidder Information and Acceptance Form, including references and acknowledgement of receiving any and all addenda, with any deviations duly noted; and b. Completed and signed Bid Form, that shall be for all elements of work as described in this Supply and Delivery of Liquid Emulsion Polymer, CMSA Contract No. 24 39 (Bid Contract Documents); c. Fully executed Non Collusion Affidavit. All bid submittals must be enclosed in a sealed envelope marked “Bid for Supply and Delivery of Liquid Emulsion Polymer, CMSA Contract No. 24 39,” addressed to Jacky Wong, Associate Engineer, and must be delivered to CMSA by no later than the bid opening date. An original signed bid submittal, including all required attachments, is required. Bids submitted electronically or by facsimile will not be accepted. Bids received after the date and time listed above will not be accepted and will be returned to the bidder unopened.

2.3 Estimated Quantity
CMSA estimates an annual production of 1,500 dry tons of digested biosolids. The actual weight of biosolids produced annually will vary depending on actual operating conditions and demands during the contract term. CMSA reserves the right to purchase any volume of the liquid emulsion polymer, at the contract price, regardless of stated estimates of quantities. No price adjustments will be allowed as a result of an increase or a decrease in the quantity purchased.

2.4 Delivery Location
The bidder shall deliver the liquid emulsion polymer to the Solids Handling Building at 1301 Andersen Drive, San Rafael, CA 94901. See Appendix A for area location.

2.5 Bid Pricing
Bidders shall provide bid prices on the Bid Form including all costs associated with providing and delivering the chemical to the Agency’s facility, including materials, labor, equipment, transportation, insurance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.

2.6 Bidder Qualifications
Eligibility for a bidder to submit a bid is dependent on prior completion of full scale product performance testing as specified in Section II 2 PRODUCT PRE QUALIFICATION REQUIREMENTS. A qualified bidder is one determined by the Agency to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material aspects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requirements, and who has the integrity and reliability that will assure good faith and specified performance. Bidders that intend to utilize a third party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third party hauling company on the Bid Form.

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Section I: General I 3

2.7 Authorized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.

2.8 References
The bidder must submit with the bid a minimum of three references that have purchased similar chemicals and services from the bidder during the last five years. The bidder must provide the company or agency name, contact name, and telephone number for each reference. These references must be shown on the Bidder Information and Acceptance Form contained herein.

2.9 Modification, Addenda, and Interpretations
Any explanation desired by the bidders regarding the meaning or interpretation of this particular bid solicitation including the Bid Contract Documents must be requested in writing, either by regular mail or e mail, at least seven business days prior to the time set for the bid opening. Any and all such interpretations or modifications must be in the form of a written request to CMSA. All changes to this particular bid solicitation document including the Bid Contract Documents will be through written addenda and furnished to all bidders via email and posted on https://bids.cmsa.us. Addenda will be issued no later than 72 hours before bid opening. Any written addendum issued 72 hours before the date and time of the bid opening will become a part of the Bid Contract Documents and must be acknowledged on the Bidder Information and Acceptance Form that each bidder submits. Failure to acknowledge any and all addenda may be cause for rejection of the bid.

2.10 Modification of Bids
A bidder may modify their bid in writing provided such communication is received by CMSA prior to the date and time of the bid opening. Modifications of any bid prices must be submitted to CMSA in a clearly marked and sealed envelope prior to the time of the bid opening. Proposed modifications of bid terms and conditions other than the bid prices may be sent to CMSA via e mail, regular mail, or courier prior to the time of the bid opening. Except for hand deliveries, it shall be the responsibility of the respective bidder to determine if their written modification was received in time by CMSA. Any written communication not sent in a sealed envelope shall not reveal the bid price and shall state the addition or subtraction or other modification so that the final prices or terms will not be known by CMSA until the sealed bids are opened. CMSA reserves the right to accept or reject any proposed modifications of the bid terms and conditions.

2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the stated bid opening date and time only by a written request that is filed with CMSA requesting withdrawal of their bid. The withdrawal request must be executed by the bidder or a duly authorized representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.

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2.12 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and maintain current any and all necessary licenses or certificates.

2.13 Rejection of Bids
CMSA reserves the right to reject any and all bids and reserves the right to waive and/or reject a bid for any of the following reasons: informalities, nonconforming, non responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way.

2.14 Opening Bids
At the bid opening, all bids received will be publicly opened and read as set forth in the Notice Inviting Sealed Bids. Bidders, or their representative, and other interested persons may be present at the opening and reading of the bids.

2.15 Method of Award
Bids may be awarded to the lowest, responsive, and responsible bidder. The lowest responsive bidder will be determined by multiplying the total unit price by the polymer dosing rate. The single bid that results in the lowest total cost of polymer per dry ton of biosolids will be determined to be the low bid, assuming the bid is determined to be complete and in compliance with the bid requirements. See Section II 1.4 Polymer Evaluation Formula for details. CMSA reserves the right to reject any and all bids and to waive irregularities in said bids. The following is a non inclusive list of criteria that will be used in award of the bid:
a. Unit cost of the chemical
b. Chemical dosing rate
c. Product specifications
d. Warranties or standards of quality
e. Capabilities to deliver product throughout the contract term f. Bidder’s reputation, competency, and previous customer service record g. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
h. Fully executed Non Collusion Affidavit

2.16 Execution of Contract
The successful bidder will enter into a Chemical Supply Agreement (Appendix B is an example copy) with CMSA. The entire contents of the Bid Contract Documents and the executed Agreement will become part of the full contract between CMSA and successful bidder. The successful bidder shall execute and return the Agreement to CMSA, together with the required insurance, within 15 calendar days after the successful bidder has received the Notice of Award.

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2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non Collusion Affidavit.

2.18 Identical Bids
In the case of tied or identical bids corresponding to the proposed unit costs, CMSA reserves the right to award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in paragraph 2.15 Method of Award, then CMSA will draw lots by placing the names of the tied bidders in a hat and drawing a name. If drawing lots is deemed necessary, CMSA will schedule a time to draw lots and the tied bidders will be invited to attend and witness the drawing.

2.19 Material Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.

The samples may be subjected to tests to determine their quality and fitness for the intended uses.

2.20 Bid Summary
Bid proposals will be summarized and reviewed by CMSA following the bid opening. After review of the bids, bids may be awarded based on the criteria outlined in paragraph 2.15 Method of Award.

3. SPECIAL INSTRUCTIONS TO BIDDERS

3.1 Chemical Requirements
The chemical to be provided under the terms and conditions of this bid must meet the bid specifications described in the pages that follow.

3.2 Safety Requirements
The bidder, their employees, subcontractors, and/or agents must conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety, and they must adhere to all State, Federal and Occupational Safety and Health Act (OSHA) safety standards while they are on the premises of CMSA facility. Furnished equipment, materials, and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. CMSA reserves the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of the chemical at the successful bidder’s sole expense.

If requested by CMSA, the successful bidder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the CMSA facility before commencing deliveries. The successful bidder and/or the firm providing transportation of the chemical are required to comply with the Agency’s site specific safety requirements. Smoking is prohibited on premises of CMSA facility except for the two designated smoking areas depicted on Appendix A. Site safety requirements will be available for review during the bid period upon request. In addition, if requested by CMSA, the successful bidder and/or the Supply and Delivery of Liquid Emulsion Polymer
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firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.

3.3 Spillage
The successful bidder must be prepared to provide safety training on the safe handling and use of the chemical and emergency procedures in the event of a leak or spill. Should a chemical spill or leak result due to negligence, faulty equipment, or inferior packaging on the part of the bidder or their agents, the bidder and their agents must be responsible for cleaning the spill or leakage and for bearing any cost incurred due to spill or leakage clean up. It must be the successful bidder’s responsibility to effect immediate containment, clean up, disposal, and restoration activities in accordance with the individual facility’s requirements and any and all applicable laws and regulations. All material associated with such clean up operations must be hauled off site and lawfully disposed of at no charge to CMSA. If the spill is NOT cleaned up, the Agency will hire a certified hazardous material handling company to clean up the spill, and the costs incurred, including any fines or penalties which may be imposed by regulating authorities, will be charged to the bidder or deducted from amounts owed. Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by CMSA. All chemicals must be delivered in accordance with Department of Transportation regulations.

3.4 Delivery Requirements
Bidders are responsible for reviewing the Agency’s location map (see Appendix A) and ensuring that their product can be delivered to CMSA prior to submitting a bid. All deliveries will be coordinated with CMSA and will generally be made during normal business hours (Monday through Friday, 7:00 AM to 4:00 PM).

The successful bidder’s delivery personnel are required to stop and check in at the CMSA Administration Building prior to being granted access to the facility. Delivery trucks shall be equipped with hoses, pumps, or pneumatic devices for the complete transfer of chemical to the storage tank. Bidders that intend to utilize the services of a third party hauling company for some or all of their deliveries are responsible for ensuring that the hauler they have selected can and will deliver their product to CMSA, and for submitting an affidavit pertaining to assurance with their bid. Failure to provide this assurance and submit an affidavit may be cause for rejecting their bid. Delivery bills of lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh station in addition to a shipping manifest.

At no time can a delivery occur more than 10 days after the order is placed, unless CMSA requests a later delivery. The successful bidder must notify CMSA of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in route transportation delays, then notification must be provided as soon as possible to inform CMSA of the anticipated delivery date and time. Persistently late deliveries may be used as a basis for contract cancellation. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the Agency, and must be re delivered by the bidder within 48 hours of the unacceptable delivery.

3.5 Force Majeure
If the successful bidder anticipates a workforce interruption or a production shutdown that could affect delivery of the chemical, they must email notifications to CMSA of the potential interruption in deliveries.

A telephone call must also be made to CMSA as a follow up notification.

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3.6 Safety Data Sheet
Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term.

3.7 Payments
CMSA shall make payments to the successful bidder based on the Polymer Unit Cost (see Section II 1.4 Polymer Evaluation Formula) and on the delivered weight, in wet pounds, of liquid emulsion polymer physically received at CMSA facility during the liquid emulsion polymer delivery. Delivered weight shall be determined as follows:
a. Delivered volume, in inches of bulk tank height, shall be measured solely by visually observing the pre and post delivery liquid levels in the graduated sight gage attached to the side of the polymer bulk storage tank. Level measurements shall be rounded to the nearest ¼ inch. b. The difference in observed level measurements will be converted to a delivered volume, in gallons, based on the gallons per inch of product in the storage tank. c. The delivered gallons will be converted to a delivered weight, in wet pounds, based on the specific gravity of the delivered polymer product.
d. All observations and calculations will be made by the CMSA personnel accompanying the delivery.

All calculations will be made according to those contained in the attached Polymer Receiving Receipt (Appendix C).
e. The polymer delivery driver should verify, for the Vendor’s own records, the pre and post delivery bulk tank level measurements and the calculated volume and weight.

Payments will be made 30 days after receipt of a complete and accurate invoice.

3.8 Price Adjustments
Prices shall be firm for the initial one year term of the contract. Thereafter, CMSA will analyze the contract price every six months during the contract term, including extensions, if any. This analysis will be based on the percent change in the US Bureau of Labor Statistics Producer Price Index (PPI) for the components depicted in Table 2.

Table 2: Unit Cost Adjustment
Component Applicable Index Percentage of Unit Price
Chemical raw material
(plastic material and resin)
PPI for plastic material and resin
manufacturing index, #PCU 325211325211
50%
Fixed cost N/A 50%
Adjustments shall become effective on the first day of the month following the analysis during the contract term and any contract extensions. All cost adjustment calculations that fail to support a need to adjust price by at least 1% will not be implemented. When this occurs, the subsequent price adjustment will be calculated by comparing the most recently published index value to the index value last used to calculate an allowable price change. This will allow for the accumulation of multiple “less than 1%” price changes. A sample of adjustment calculations is shown in Appendix D.

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3.9 Legislative Impacts
In the event that the CMSA Board of Commissioners fails to appropriate funds for the purchase of the chemical, CMSA may terminate such contract without penalty and thereupon be released of all further obligations.

3.10 Subcontracting
No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of CMSA.

3.11 Laws and Regulations
All applicable State of California and Federal laws, City, County, and Special District ordinances, licenses, and regulations of CMSA having jurisdiction must apply during the contract period.

3.12 Insurance
For services requiring the supplier’s or their subcontractor’s presence on CMSA property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of A:VII, unless otherwise acceptable to CMSA. The minimum amounts of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per insurable event, must be as shown in Table 3. However, the insurance limits available to CMSA, its commissioners and employees, and its member agencies as additional insured parties shall be the greater of the minimum limits specified in Table 3 or the full limit of any insurance proceeds available to the named insured.

Table 3: Insurance Limits
Insurance Category Minimum Limits
Workers’ Compensation Insurance California Statutory Minimum Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per employee for bodily injury or disease.

Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury, personal injury, and property damage.

Business Vehicle and Automobile Liability
Insurance
$2,000,000 per accident for bodily injury and
property damage.

Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy aggregate.

Prior to commencement of any performance under the contract, the successful bidder must furnish to CMSA an original Certificate of Insurance, and copies of information or declaration pages for the insurance required with respect to evidence of all policies of insurance required as noted above. All policies of insurance must be endorsed to name CMSA, its commissioners and employees, as well as its members including San Rafael Sanitation District, Ross Valley Sanitary District, Sanitary District No. 2 of Marin County, the City of San Rafael, the Town of Corte Madera, and their respective commissioners, directors, Supply and Delivery of Liquid Emulsion Polymer
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councilmembers, officers, officials, and employees as additional insured parties. For any claims related to the contract, bidder’s insurance coverage shall be the primary insurance with respect to CMSA, their officials, officers, employees, agents, and volunteers. Any insurance or self insurance maintained by CMSA, their officials, officers, employees, agents, and volunteers shall be excess of the bidder’s insurance and shall not contribute with it.

The successful bidder must also provide CMSA with a MSC 90 endorsement, required for transporters of hazardous materials and/or wastes.

The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire from vendor by virtue of the payment of any loss. Bidder agrees to obtain and provide to CMSA any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of CMSA for all work performed by the bidder, its employees, agents and subcontractors.

The successful bidder must maintain the required insurance at all times while the contract is in effect, and must replace any certificate, policy, or endorsement which will expire prior to that date. All policies of insurance must be endorsed to provide the required insurance and must not be suspended, voided, reduced, canceled, or allowed to expire without the carrier giving CMSA at least 30 days prior written notice. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company must mail 30 days written notice to the Certificate holder named to the left.”

4. TERMS AND CONDITIONS

4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless CMSA, its commissioners and employees, as well as its members including San Rafael Sanitation District, Ross Valley Sanitary District, Sanitary District No. 2 of Marin County, the City of San Rafael, the Town of Corte Madera, and their respective commissioners, directors, councilmembers, officers, officials, and employees (collectively “Indemnitees”) from any claims, suits or actions of every name, kind, and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in the Bid Contract Documents, except those matters arising from the Agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of the Indemnitees for all legal expenses and costs incurred by each of them.

The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of the contract for the full period of time allowed by law. The defense and indemnity obligations of the contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in the contract.

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If the successful bidder should subcontract all or any portion of the work to be performed under the contract, the successful bidder shall require each subcontractor to indemnify, hold harmless, and defend the Indemnitees in accordance with the terms of the preceding paragraphs.

4.2 Bid Protests
Any bid protest must be submitted in writing to CMSA before 3:30 PM on the 5th business day following bid opening.
a. The protest document must contain a complete statement of the basis for the protest and all supporting documentation.
b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. c. The protest must refer to the specific portion of the Bid Contract Documents which forms the basis for the protest.
d. The protest must include the name, address, and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
f. CMSA will give the bidder that is the subject of the protest five business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to CMSA. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.
h. If a protest is mailed, the protesting party bears the risk of non delivery within the required time period. Protests should be transmitted by Certified Mail Return Receipt Requested or by other means which objectively establishes the date of receipt by CMSA. i. If CMSA determines that a protest is frivolous, the protesting bidder may be determined to be non responsible and that bidder may be determined to be ineligible for future contract awards.

4.3 Attorney’s Fees
In the event an action is commenced by a party to the contract against the other to enforce its rights and/or obligations arising from the contract, the prevailing party in such action, in addition to any other relief and recovery ordered by the court or arbitration, must be entitled to recover all statutory costs, plus reasonable attorney’s fees.

4.4 Equal Opportunity
The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a condition that any company firm or Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section I: General I 11
corporation supplying goods or services, must be in compliance with the Americans with Disabilities Act (ADA) of 1990. A certificate stating compliance with the ADA may be required, upon request, by CMSA.

4.5 Modification of Contract
The Bid Contract Documents, in conjunction with the Agency’s Chemical Supply Agreement (Appendix B), will constitute the entire contract between CMSA and the successful bidder. The contract may not be modified, altered, or amended except by the mutual written agreement of CMSA and the successful bidder.

4.6 Common Language
Unless otherwise specified in this document, all words must have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

4.7 Proprietary Information
All information included in any bid proposal that is of a propriety nature must be clearly marked as such.

CMSA must be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the bidder.

4.8 Patent Guarantee
The bidder must, with respect to any bidder’s standard manufacture, indemnify, and hold harmless the Indemnitees from costs and damages as finally determined by any court of competent jurisdiction for infringement of any United States Letters & Patent by reason of the sale or normal use of such product, provided that the bidder is promptly notified of all such actual or potential infringement suits and is given an opportunity to participate in the defense of CMSA.

4.9 Quality Control
The bidder’s chemical may be inspected and/or sampled before, during, or after any delivery and tested to confirm compliance with all of the specifications. In the event that any significant deviation in polymer performance or established feed rates occurs, or if the analysis indicates a significant quality inconsistency, CMSA may require the bidder to provide laboratory certification of further shipments.

Persistent clogging, deliveries containing significant amounts of debris, and/or chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be rejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to CMSA. If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem, CMSA may remove and dispose of the contaminated chemical and clean the chemical storage tank or tanks and the associated piping all at the bidder’s expense. Payment for the delivered chemical will not be made until the defects are corrected and the chemical is properly replaced Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section I: General I 12
and accepted. Repeat failures to comply with the specifications must constitute grounds for termination of the contract.

4.10 Term of Contract
The term of the contract will be 36 months commencing July 1, 2024, and expiring June 30, 2027, with an option to extend the contract for two additional one year periods if conditions and service are satisfactory to both CMSA and the successful bidder. The price for any succeeding periods of service shall be determined by negotiation between CMSA and the successful bidder.

4.11 Termination of Contract
CMSA may terminate its contract with the successful bidder for any reason by providing the successful bidder written notice of termination, and specifying the effective date thereof, at least 30 days before the effective date.

4.12 Termination for Cause
In the event of a breach of any term or provision of the contract by the successful bidder, CMSA may terminate the contract by providing the successful bidder with written notice of such termination, and specifying the effective date thereof, at least 10 days before the effective date.

4.13 Assignment
The successful bidder must under no circumstances assign the contract without the prior written consent of CMSA. Any assignment, or attempt at assignment, made without such consent of CMSA may be considered a breach of contract.

SECTION II: TECHNICAL SPECIFICATIONS

CENTRAL MARIN SANITATION AGENCY

SUPPLY AND DELIVERY OF LIQUID EMULSION POLYMER
CMSA CONTRACT NO. 24 39
Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section II: Technical Specifications II 1

1. SUPPLEMENTAL PROVISIONS

1.1 Scope of Work
The scope of this contract is to furnish and deliver liquid emulsion polymer on an as required basis to the CMSA facility. Liquid emulsion polymer will be used to dewater digested sludge from an anaerobic digestion process. The polymer is injected into the sludge feed of three high speed dewatering centrifuges to attract and bind the solids in the sludge feed to improve dewatering and increase biosolids cake total solids content. CMSA estimates an annual production of 1,500 dry tons of digested biosolids. The successful bidder will deliver and transfer polymer into the Agency’s 6,000 gallon polymer bulk storage tank.

1.2 Specific Requirements
The liquid emulsion polymer shall not contain any impurities deemed hazardous by the EPA or the State of California, impact the wastewater treatment plant process, or violate the Agency’s discharge permit.

The liquid emulsion polymer shall be free of sediment, shall not readily crystallize or precipitate, and shall be free of debris. Should a load contain any of the above, the successful bidder shall empty and clean the storage tank at no cost to the Agency.

The successful bidder shall be responsible for ensuring that its product is capable of being utilized to dose the product into the centrifuges using the Agency’s polymer handling equipment. Only the Agency’s on site polymer storage, transferring, mixing, and dosing equipment may be used during the contract period.

The polymer receiving station is shown in Appendix A. Any equipment beyond the Agency’s on site equipment needed to store, mix, and distribute the polymer shall be supplied and installed by the successful bidder on a “NO CHARGE” basis to CMSA.

The successful bidder shall be responsible for purging the Agency’s polymer storage and handling system (including the bulk storage tank, piping, mixers, mixed polymer storage tanks, and pumps) if such purging is necessary to use the bidder’s product. The bidder shall also be responsible for purging the polymer dosing system at the end of the contract period.

1.3 Delivery Frequency
CMSA expects to order two to three bulk deliveries of liquid emulsion polymer per year. However, the actual delivery frequency may vary during the life of the contract.

1.4 Polymer Evaluation Formula
Bids will be evaluated based on the polymer unit cost and qualifying polymer dosing rate, determined through the full scale performance tests, which provide the lowest cost to the Agency. (1) (2) (3)
Polymer Unit Cost x Polymer Dosing Rate = Total Polymer Cost ($/wet lb polymer) (wet lb polymer/ ($/dry ton biosolids) dry ton biosolids)
Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section II: Technical Specifications II 2
(1) Polymer Unit Cost is the base cost of the bulk delivered liquid polymer, in dollars per wet pound, and includes all costs, except sales tax, associated with the supply and bulk delivery of the liquid emulsion polymer. This cost is fixed for the first year then may adjust up or down based on market conditions according to the calculations depicted in Appendix D. This cost along with the applicable sales tax shall be the invoice payment basis for the life of the contract. (2) Polymer Dosing Rate is the proposed usage of liquid emulsion polymer, in wet pounds of polymer used per dry ton of biosolids produced, as determined during the pre qualification full scale performance testing.
(3) Total Polymer Cost is the cost of polymer in dollars per dry ton of biosolids produced. This cost is determined by multiplying the Polymer Unit Cost (1) by the Polymer Dosing Rate (2). This cost will be the bid award basis of the contract.

2. PRODUCT PRE QUALIFICATION REQUIREMENTS

2.1 General
CMSA primarily uses liquid emulsion polymer to condition anaerobically digested sludge for dewatering in high speed centrifuges. CMSA estimates that it produces 1,500 dry tons of solids requiring conditioning with a liquid emulsion polymer annually, although this quantity may vary. Full scale performance testing will assist in determining the most economical liquid emulsion polymer product to be used in the Agency’s sludge dewatering operations. All bidders must perform full scale performance test of their product(s) in the Agency’s dewatering equipment pursuant to the following paragraphs, or their bids will not be considered responsive.

Bidders may elect to bench test products as described in paragraph 2.4 Bench Testing at their own expense. Regardless of whether or not bench testing is conducted, in order to qualify to bid on this contract, all bidders are required to perform full scale performance test of their product(s) as described in paragraph 2.5 Full Scale Performance Testing at their own expense. Each bidder is eligible to perform full scale performance tests for up to two products. Authorized bidder’s representatives must be present during their entire full scale performance testing sequence. When testing is complete, bidders shall coordinate with CMSA to remove all of their equipment, product, and any polymer storage containers used during the trial.

2.2 Trial Schedule
All bidders must schedule and coordinate all bench scale and full scale performance tests by contacting Jacky Wong at (415) 459 1455 ext. 130 or by email at [email protected] before May 10, 2024. See Table 1 for the schedule of events. All tests shall be conducted Monday through Friday, between 7:00 AM and 4:00 PM. The Agency will establish appointments for testing on a first come, first choice basis, with no more than one bench testing and no more than one full scale performance testing to be scheduled on the same day.

2.3 Existing Process and Equipment
A simplified schematic of the Agency’s polymer feed system is shown in Figure 1.

Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section II: Technical Specifications II 3
Figure 1: Polymer Feed Schematic
The Agency’s current equipment and operating parameters are shown in Table 4.

Table 4: Equipment Parameters
Parameters Typical Operating Conditions
Polymer Activation Unit (PAU): US Filter Stranco PolyBlend Neat polymer feed rate to Polymer Batch Tank 1 – 8 gph
Dilution water < 5 mg/L chlorine residual (plant reclaimed water) Polymer concentration 0.328%
Polymer Feed Pump: Diaphragm pumps with VFDs
Polymer feed rate to Centrifuge 1 – 9 gpm
Centrifuge: Centrisys CS 18
Bowl speed 3,000 – 3,200 rpm
Back pressure 120 – 160 bars
Scroll differential speed 1 – 2 rpm
Sludge feed rate to Centrifuge 50 – 60 gpm
Ferric chloride feed rate to Centrifuge < 500 mL/min

2.4 Bench Testing
Each bidder may bench test their polymer products in no more than one day in order to determine which product(s) will be tested in the full scale performance tests. CMSA will provide lab bench space and sample sludge with added ferric chloride to bidders wishing to conduct bench scale tests. Each bidder must supply their own polymer products, syringes, pour beakers, stirrers and all other required equipment. Bidders must clean up and remove their bench testing materials and equipment from the CMSA lab facility immediately upon completing their bench testing.

Bidders are not required to conduct bench testing. If a bidder chooses not to bench test, they are still limited to testing no more than two polymer products during their full scale performance tests.

Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section II: Technical Specifications II 4

2.5 Full Scale Performance Testing

2.5.1 General
Bidders are required to perform full scale performance test with no more than two polymer products in no more than two days using one of the Agency’s high speed centrifuges during the testing period described above. Full scale performance testing includes, but is not limited to, transferring, mixing, aging, and using of neat polymer products, centrifuge operations, and samples collection.

2.5.2 Required Submittals
Each bidder must submit the following information to CMSA for each polymer to be tested prior to conducting its full scale performance testing (submitted specifications will become part of the subsequent contract for the successful product):
a. Polymer manufacturer’s name and address
b. Trade name and specification sheet including polymer % active c. SDS
d. Product bulletin and typical properties
e. Special mixing, feeding, and/or liquid storage equipment required in addition to existing CMSA equipment to be furnished by the bidder

2.5.3 Equipment
CMSA will provide a 1 inch NPT male/female fitting and a 50 ft length of 1 inch flex tubing, to be connected to the polymer feed system (see Figure 1 and Appendix A). Bidders must supply all other equipment required to transfer their polymer product to the Agency’s polymer mixing equipment. Any electrical equipment supplied by the bidder for use during the full scale performance test shall be 110 volt single phase power and shall not exceed the mixing facility’s existing electrical load capacity.

Bidders shall coordinate with CMSA to remove all of their equipment immediately upon test completion and have all polymer storage containers removed from the facility. CMSA will not be responsible for disposal and removal of empty or partially empty polymer containers.

2.5.4 Testing Operation
The polymer feed equipment, centrifuges, and other process parameters will be operated as shown in Table 4 during the full scale performance testing. Bidders may request adjustments in centrifuge settings or speeds during the full scale performance test, as long as the changes will not harm or threaten the Agency’s equipment, process, or regulatory compliance.

Prior to the test date, bidders shall specify the polymer make down concentration for the final activated polymer solution strength and the aging time required for the activated polymer to be in the mixed polymer storage tank before feeding it to the centrifuge. There are several polymer injection points available into the sludge feed lines. Bidders may specify the location of the polymer injection port to be used during the full scale performance test.

CMSA will clean and prepare the designated centrifuge and calibrate all instrumentation prior to testing.

Each bidder will have a maximum of nine hours of operating time to test the proposed polymer. CMSA Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section II: Technical Specifications II 5
personnel will perform all tests, including machine operation settings, sampling, analyses, data recording, and calculations.

CMSA reserves the right to intervene at any time during a full scale performance test if it is required to safeguard the dewatering equipment, ensure adequate sludge dewatering, ensure that the Agency’s effluent will meet discharge permit requirements, and/or prevent adverse impacts to the treatment process. CMSA will reject polymer products that, in the Agency’s best judgment, do not perform in a satisfactory manner (e.g. excessive odor, foaming, clogging).

2.6 Sampling and Data Collection
CMSA personnel will collect three samples (sludge feed, biosolids, and centrate) for each of the eight discrete polymer feed rates (24 samples total for each polymer product). Split samples will be provided to the bidder if requested in advance. Sampling runs will last from 30 minutes to one hour. Machine and feed settings must remain unchanged for at least 30 minutes prior to samples being grabbed. Before collecting samples, CMSA personnel will verify that the equipment is in stable condition and operating at typical conditions as shown in Table 4.

All samples will be collected by CMSA personnel and analyzed by the CMSA laboratory for the parameters shown in Table 5.

Table 5: Sample Collection and Analysis
Samples Analysis
Sludge Feed % Total Solids (TS)
Biosolids % TS
Centrate mg/L Total Suspended Solids (TSS)
(convert to % by using 1% = 10,000 mg/L)
The following data will also be collected and recorded for each sample trial:
a. Polymer product being used (concentration, manufacturer, and product designation) b. Start/stop times
c. Centrifuge run settings (rpm, differential, and torque settings) d. Feed rates for sludge, polymer, and ferric chloride
e. Polymer solution injection point

2.7 Current Sludge Characteristics
Current average sludge characteristics over the last year (April 2023 – March 2024) are shown in Appendix E.

2.8 Minimum Performance Standards
In order for a bidder to submit a bid on a given liquid emulsion polymer product, the product’s performance data must be eligible. A product is eligible if at least three sample sets collected from the centrifuge equipment during the use of that product produces the results as shown in Table 6.

Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section II: Technical Specifications II 6
Table 6: Performance Criteria
Samples Results
Solids Recovery 98% minimum
Centrate TSS 300 mg/L (or 0.03%) maximum
Biosolids TS 25% minimum
Solids recovery will be calculated using the following equation:

Percent Solids Recovery
s f e
f s e
100
Where: s cake concentration, % TS
f feed concentration, % TS
e centrate concentration, % TSS

2.9 Post Trial Procedures
CMSA will complete and provide results of the analysis of the entire sample set(s) collected for each bidder within five business days. Bidders will be provided with the results of the analysis of their performance testing samples. Bidders may make their bids based on their best performing polymer product’s sample results.

2.10 Polymer Dosing Rate
The polymer dosing rate shall be the average of the three lowest liquid emulsion polymer dosage rates, in wet pounds of polymer per dry ton of biosolids, which meet the minimum performance standards listed in paragraph 2.8 Minimum Performance Standards during full scale performance testing.

Polymer dosing rate will be calculated using the following equation:

Polymer Dosing Rate wet lb polymer
dry ton biosolids
W
W
Where: Wp lb weight of polymer used
polymer feed rate gpm polymer concentration % 8.345 lb/gal Ws dry ton weight of dewatered solids produced
% . /
, /
SECTION III: BID RESPONSE PACKET

CENTRAL MARIN SANITATION AGENCY

SUPPLY AND DELIVERY OF LIQUID EMULSION POLYMER
CMSA CONTRACT NO. 24 39
All of the following pages must be properly completed and submitted for the bid to be considered complete.

Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section III: Bid Response Packet
Bidder Information and Acceptance Form Page 1 of 3
Bidder Information and Acceptance Form
It is understood and agreed that:

1. The undersigned declares that all of the Bid Contract Documents, including this Bid Response packet and all addenda and appendices have been read and that the terms, conditions, certifications, and requirements are agreed to.

2. The undersigned is authorized to offer, and agrees to furnish, the articles and services specified in accordance with the Bid Contract Documents.

3. The undersigned acknowledges acceptance of all addenda related to the Bid Contract Documents. List addenda below.

Addendum No. Date

4. The undersigned hereby certifies to the Agency that all representations, certifications, and statements made by the bidder, as set forth in the Bid Contract Documents and attachments, are true and correct and are made under penalty of perjury pursuant to the laws of California.

5. The undersigned acknowledges that the bidder is, and will be, in good standing in the State of California, with all the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with the Bid Contract Documents.

6. The undersigned is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Section 1720 et seq.

7. Insurance certificates are not required at the time of submission. However, by submitting a bid, the successful bidder agrees to meet the minimum insurance requirements stated in the Bid Contract Documents.

8. The undersigned fully understands the scope of the work and has checked carefully all words and figures inserted in the bid and understands that the Agency will in no way be responsible for any errors or omissions in the preparation of the bid.

9. The undersigned will execute the Agreement within 15 days after notice has been given of the Agency’s acceptance of their bid; and further, that their bid may not be withdrawn for a period of 45 days after the date of bid opening, unless otherwise required by law.

10. It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions, and the site condition. By the submission of a bid, the bidder certifies that if awarded a contract, it will make no claim against the Agency based upon ignorance of conditions or misunderstanding of the specifications.

Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section III: Bid Response Packet
Bidder Information and Acceptance Form Page 2 of 3
Legal Name of Bidder:

Street Address Line 1:

Street Address Line 2:

Business Phone Number:

Type of Supplier:

Sole Proprietor Partnership Corpora on LLC
If Corporation, indicate State where incorporated:

Business License Number issued by the City where the Supplier’s principal place of business is located:

Number: Issuing City:

Supplier Federal Tax Identification Number:

Emergency Contact:

Name:

Phone Number:

Order Contact:

Name:

Address:

Phone Number:

Email:

References:

Company/Agency Name Contact Name Phone Number
Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section III: Bid Response Packet
Bidder Information and Acceptance Form Page 3 of 3
Chemical Manufacturer’s name and address (if different from Bidder):

Signature:

Name and Title:

Phone:

Email:

Date:

Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section III: Bid Response Packet
Non Collusion Affidavit Page 1 of 1
Non Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid
The undersigned declares:

I am of , the party making the foregoing bid.
(Title of Representative) (Bidder Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and this declaration is executed on , at .
(date) (city and state)
Signature of Authorized Representative Type/Print Name of Bidder Type/Print Representative’s Name
Type/Print Title Date
Public Contract Code Section 7106; Code of Civil Procedure Section 2015.5 All Signatures Must Be Witnessed By Notary
Supply and Delivery of Liquid Emulsion Polymer
CMSA Contract No. 24 39
Section III: Bid Response Packet
Bid Form Page 1 of 1
Bid Form for
CMSA Contract No. 24 39
Sealed bids must be enclosed in an envelope
clearly marked:
“Bid for Supply and Delivery of Liquid
Emulsion Polymer, CMSA Contract No. 24
39”
And delivered to:

Jacky Wong
Associate Engineer
Central Marin Sanitation Agency
1301 Andersen Drive
San Rafael, CA 94901
No later than 2:00 P.M. PT
Thursday, May 30, 2024
Business Name:

Business Address:

Phone Number:

Email:

Authorized Representative (Please Print):

Signature:

Date:

I. All costs except sales tax for the purchase of LIQUID EMULSION POLYMER must be included in the amount shown below on this Bid Form, including any and all mill assessments, fees, excise taxes, transportation charges, etc. See Section II 1.4 Polymer Evaluation Formula for details.

Polymer Trade Name
(must be pre qualified by CMSA):

Polymer Unit Cost
($/wet lb polymer): $
(Invoice Payment basis)
Polymer Dosing Rate
(wet lb polymer/dry ton biosolids):

Total Polymer Cost
($/dry ton biosolids): $
(Bid Award Basis)
II. Bidders must submit all of the following, attached to this Bid Form:
a. All requirements listed in Section II 2.5.2 Required Submittals. b. If applicable, the name, address, and contact information for the third party hauling company, as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to CMSA.

Appendix A
Location Map and Site Plan

Appendix B
Chemical Supply Agreement
(Example Copy)
CMSA Contract No. 24 39
GL No. 0340 440 7131

CMSA CHEMICAL SUPPLY AGREEMENT
THIS AGREEMENT made and entered into this day of , 2024, by and between the CENTRAL MARIN SANITATION AGENCY, hereinafter referred to as “CMSA”, and , hereinafter designated as the “Vendor”.

WITNESSETH: That the parties hereto do mutually agree as follows:

ARTICLE 1: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by CMSA, the Vendor agrees with CMSA to service the contract entitled “Supply and Delivery of Liquid Emulsion Polymer, CMSA Contract No. 24 39” and to perform all work described in the Bid Contract Documents and to perform everything required by this agreement.

ARTICLE 2: CMSA promises and agrees with the Vendor to employ and does employ the Vendor to provide the materials and do the work according to the terms and conditions referred to at the unit price as set forth in the Bid Form, and contracts to pay the same, at the time, in the manner, and upon the condition set forth in the specifications; and the parties for themselves, their heirs, executors, administrators, successors and assigns, do agree to the full performance of these covenants.

ARTICLE 3: The Bid Contract Documents and all Addenda issued by CMSA prior to the opening of bids are incorporated in and made a part of this agreement.

ARTICLE 4: The Vendor is aware of, and hereby agrees to comply with Section 3700 of the Labor Code requiring every employer to be insured against liability for Workers’ Compensation or to undertake self insurance before commencing any of the work.

ARTICLE 5: The insurance policies listed in Section I 3.12 of the Bid Contract Documents shall be endorsed to name CMSA, its commissioners and employees, as well as its members including San Rafael Sanitation District, Ross Valley Sanitary District, Sanitary District No. 2 of Marin County, the City of San Rafael, the Town of Corte Madera, and their respective commissioners, directors, councilmembers, officers, officials, and employees as additional insureds parties.

This Contract’s Expiration Date is June 30, 2027, with an option to extend the contract for two additional one year periods upon mutual agreement.

IN WITNESS WHEROF, these parties have caused this contract to be executed the day and year first above written.

Vendor:

By:

Title:

Print Name

CENTRAL MARIN SANITATION AGENCY
By:

Jason R. Dow, General Manager
Appendix C
Polymer Receiving Receipt
Polymer Receiving Receipt (CMSA Copy) Date: Time: Operator: Bill of Lading or Invoice #: Rated tank capacity: 6,000 gallons Starting Level (inches): Stopping Level (inches): Inches Received x 49.93 gal/inch = Gallons Received Gallons Received x 8.4 lbs/gal = Wet Pounds Received Per contract provisions, CMSA will base payment for this delivery on the above calculated formula, multiplied by the contract unit price. I have verified and confirm as correct, the above stated delivery information: CMSA: I have verified and confirm as correct, the above stated delivery information: Driver: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Polymer Receiving Receipt (Vendor Copy) Date: Time: Operator: Bill of Lading or Invoice #: Rated tank capacity: 6,000 gallons Starting Level (inches): Stopping Level (inches): Inches Received x 49.93 gal/inch = Gallons Received Gallons Received x 8.4 lbs/gal = Wet Pounds Received Per contract provisions, CMSA will base payment for this delivery on the above calculated formula, multiplied by the contract unit price. I have verified and confirm as correct, the above stated delivery information: CMSA: I have verified and confirm as correct, the above stated delivery information: Driver:

Appendix D
Unit Cost Adjustment Example
Original Bid Cost,
$/wet lb
(before tax)
Plastic
Resin
Index
Raw
Material
Cost
Fixed
Cost
Final Cost,
$/wet lb
(before tax)
Current
Tax Rate
Final Cost,
$/wet lb
(with tax)
Cost Fraction 50% 50%
Contract Execution June 2011 $1.000 281.9 $0.500 $0.500 $1.000 9.00% $1.090 Plastic
Resin
Index
Raw
Material
Cost
Fixed
Cost
Final Cost,
$/wet lb
(before tax)
Current
Tax Rate
Final Cost,
$/wet lb
(with tax)
Previous Index 281.9 $0.500 $0.500 $1.000
Current Index 271.1
Percent Change in Index 3.83%
New Commodity Fractions $0.481 $0.500 $0.981 9.00% $1.069 Overall Cost Change from June 2011 1.92%
This calculation results in a cost decrease of 1.92%.

Plastic
Resin
Index
Raw
Material
Cost
Fixed
Cost
Final Cost,
$/wet lb
(before tax)
Current
Tax Rate
Final Cost,
$/wet lb
(with tax)
Previous Index 271.1 $0.481 $0.500 $0.981
Current Index 274.0
Percent Change in Index 1.07%
New Commodity Fractions $0.486 $0.500 $0.986 9.00% $1.075 Overall Cost Change from December 2011 0.52%
This calculation results in a cost increase of 0.52%, which is less than 1.00%, and therefore is not applied.

Plastic
Resin
Index
Raw
Material
Cost
Fixed
Cost
Final Cost,
$/wet lb
(before tax)
Current
Tax Rate
Final Cost,
$/wet lb
(with tax)
Previous Index (from December 2011) 271.1 $0.486 $0.500 $0.986 Current Index 291.5
Percent Change in Index 7.52%
New Commodity Fractions $0.523 $0.500 $1.023 9.00% $1.115 Overall Cost Change from December 2011 3.71%
This calculation results in a cost increase of 3.71%.

Plastic
Resin
Index
Raw
Material
Cost
Fixed
Cost
Final Cost,
$/wet lb
(before tax)
Current
Tax Rate
Final Cost,
$/wet lb
(with tax)
Previous Index 291.5 $0.523 $0.500
Current Index 288.1
Percent Change in Index 1.17%
New Commodity Fractions $0.516 $0.500 $1.016 9.00% $1.108 Overall Cost Change from December 2012 0.60%
This calculation results in a cost decrease of 0.60%, which is less than 1.00%, and therefore is not applied.

Liquid Emulsion Polymer
Third Cost Adjustment December 2012
Fourth Cost Adjustment June 2013
Second Cost Adjustment June 2012
First Cost Adjustment December 2011
Unit Cost Adjustment Example
Appendix E
Current Sludge Characteristics
CMSA Sludge Characteristics Alkalinity (Average) Detention Time (Average) Volatile Solids Reduction (Average) Temperatur e Primary Sludge Flow Percent TWAS Flow Percent FOG & Organic Waste Flow Percent Primary Sludge Volatile Solids TWAS Volatile Solids FOG & Organic Waste Volatile Solids Centrifuge Feed Ferric Flow Digesters Sludge Total Solids (Average) Month mg/l Days % Deg C % % % % % % mL/min % Apr 2023 4474.00 47.80 68.21 38.80 62.54 14.66 22.80 87.80 72.98 92.55 300.00 2.30 May 2023 4027.00 43.60 61.09 38.70 58.98 19.53 21.50 88.16 74.98 92.23 300.00 2.00 Jun 2023 3964.00 53.10 69.68 38.80 55.29 20.14 24.58 87.59 80.45 92.41 300.00 2.00 Jul 2023 4086.00 62.30 67.53 38.80 55.33 19.17 25.51 85.56 82.38 90.69 300.00 2.10 Aug 2023 4178.00 57.90 68.33 38.80 62.33 14.99 22.68 85.00 82.85 93.15 300.00 2.20 Sep 2023 4102.00 54.50 68.15 38.80 55.10 15.63 29.27 85.01 82.20 91.83 300.00 2.30 Oct 2023 4030.00 57.70 73.36 38.80 59.61 13.26 27.13 84.90 83.83 94.18 300.00 2.20 Nov 2023 4777.00 56.20 72.54 38.80 54.95 20.47 24.58 86.55 85.84 93.08 300.00 2.30 Dec 2023 5213.00 54.70 68.05 38.80 50.59 26.38 23.03 84.71 84.45 82.43 300.00 2.40 Jan 2024 5373.00 36.20 65.07 38.80 53.02 23.36 23.62 82.69 80.69 93.98 300.00 2.50 Feb 2024 5813.00 52.20 70.46 38.80 56.71 19.09 24.20 83.26 81.16 94.28 300.00 2.50 Mar 2024 5863.00 45.60 76.87 38.80 57.64 19.20 23.16 89.09 84.59 93.58 300.00 2.30 Minimum 3964.00 36.20 61.09 38.70 50.59 13.26 21.50 82.69 72.98 82.43 300.00 2.00 Maximum 5863.00 62.30 76.87 38.80 62.54 26.38 29.27 89.09 85.84 94.28 300.00 2.50 Total 55900.00 621.70 829.34 465.50 682.08 225.87 292.05 1030.32 976.37 1104.37 3600.00 27.00 Average 4658.00 51.80 69.11 38.80 56.84 18.82 24.34 85.86 81.37 92.03 300.00 2.30 Digester

EXHIBIT B
Original Government Contract

EXHIBIT C
City’s Insurance and Indemnity
Exhibit C
Insurance and Indemnity

INDEMNIFICATION
To the furthest extent allowed by law, VENDOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, VENDOR or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract.

VENDOR'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.

If VENDOR should subcontract all or any portion of the work to be performed under this Contract, VENDOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, VENDOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, VENDOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to VENDOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by VENDOR shall not be deemed to release or diminish the liability of VENDOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them.

1. PRODUCTS LIABILITY INSURANCE: VENDOR shall maintain, and provide the City with verification of, manufacturer's products liability insurance policy in excess of $1,000,000 by providing a certificate of insurance on said Bid Item(s) equipment.

Certificates shall be issued by an insurance company meeting the requirements to conduct business in the state of California. City is required to be an additional insured with primary and non- contributory coverage in favor of the City on this General Liability Policy.

If the scope of work includes delivery or install, the requirements below apply in addition to the above requirements.

Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”

2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and nonowned automobiles or other licensed vehicles (Code 1- Any Auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

MINIMUM LIMITS OF INSURANCE
VENDOR shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.

2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.

UMBRELLA OR EXCESS INSURANCE
In the event VENDOR purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and noncontributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
VENDOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and VENDOR shall also be responsible for payment of any self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium. VENDOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, VENDOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, VENDOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured all ongoing and completed operations. Additional Insured endorsements under the General Liability policy must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that VENDOR insurance shall be primary to and require no contribution from the City. Primary and Non Contributory language under the General Liability policy must be as broad as that contained in ISO Form CG 20 01 04 13. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
(vi) All insurance policies required herein shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.

PROVIDING OF DOCUMENTS
VENDOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, VENDOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of VENDOR shall also be required to provide all documents noted herein.

SUBCONTRACTORS
If VENDOR subcontracts any or all of the services to be performed under this Agreement, VENDOR shall be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.

EXHIBIT
polydyneinc.com
SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 Emailed to: [email protected]
May 14, 2026
Mr. Andrew Heckman
Wastewater Manager - Certified
City of Fresno
2600 Fresno St., Room 2158
Fresno, CA 93721
Subject: Polymer Price Quote
RE: Central Marin Piggyback Contract No. 24-39
Dear Mr. Heckman:

Polydyne Inc. is pleased to provide the following pricing and terms to the City of Fresno under the Central Marin Sanitation Agency piggyback agreement:

PRODUCT UNIT PRICE PACKAGE
CLARIFLOC WE-200 $1.63/LB. DELIVERED* FULL LIQUID BULK
*All applicable taxes will be added as a separate line item.

Payment Terms: Net 30 days – No Discounts.

This Agreement is effective through June 30, 2027, subject to bi-annual price adjustments, and renewable for two (2) additional one-year terms.

Thank you for your business. If you have any questions or need any additional information, please feel free to contact Cathy Huynh, Technical Service Representative at (916) 200-6465 or by email to [email protected], or Rawlin Castro, West Region Sales Manager, at (415) 218-6089 or by email to [email protected].

Best regards,
Boyd Stanley
Sr. Vice-President