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HomeMy WebLinkAboutGeneral Chemical Performance Products LLC 2.1.13GOPY AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on February 1,2013 between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and General Chemical Performance Products LLC, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, City invited bids for chemicals to treat water and wastewater per Specif,rcation No. 91182. WHEREAS, pursuant to said invitation, Contractor submitted a proposal that was accepted by City to be supplied with Liquid Alum (Aluminum Sulfate Solution) for the Vy'ater Treatment Plant at a cost of $288.00/dry ton including services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: L TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until January 31, 2014. The term of the contract may be extended by mutual consent for an additional year, During this extended period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U). 2. INCORPORATION BY REFERENCE. City Specification No. 91182 and Contractor's proposal dated November 12, 2012 are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City's specification and this Agreement and the Contractor's proposal, the terms of the City's speciftcation and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing chemicals and services as specified in this Agreement, City will pay and Contractor shall receive payments based upon the actual quantities ordered and received by City and the unit prices bid by Contractor. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with Cþ to provide chemicals and services as described in Exhibit A attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. 6. COMPLETE AGREEMENT, This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specif,rcally incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: Utilities Director City of San Luis Obispo 879 Mono Street San Luis Obispo, CA 93401 Contractor General Chemical Performance Products LLC 90 East Halsey Road Parsippany, NJ 07054 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST:CITY OF SAN LUIS et City APPROVED AS TO GENERAL CHEI{ICAL PRoDUCTS, LLC By: City Attomev I.IARKET I NG SPECIALIST Exhibit A SPECIFICATION LIQTIID ALUM (ALT]MINUM SULFATE, SOLUTIOIÐ (BuIk Tanker Truck Delivery) l. Requirement 2. General 3. Ouality It is required that a contractor be established to furnish, in accordance with these specifications, all of the Cþ's requirements for bulk liquid alum during the period of February I , 2013 through January 31, 2014 (12 months). The liquid alum shall conform to the American Water Works Association's Standard for Liquid Alum, 8403-09 or current revision; except as modihed or supplemented herein, Dry weight (wt) shall be defined as delivery wt (wet wt) XYo Al2U (ab report) 17 a. The liquid alum shall contain no substances in quantities capable of producing deleterious or injurious effects upon the health of those consuming the water to which the liquid alum has been added or causing water so heated to fail to meet the requirements of the Califomia Domestic Water Quality and Monitoring Regulations, b The liquid alum delivered under this specification shall contain 7.3 + 1.2 percent as water soluble A1203. 4. Afhdavit of Compliance a. The Contractor shall submit an affidavit of compliance with these specifications for each delivery of liquid alum as delivered to the City's storage tanks. b. The affidavit of compliance shall contain: (l) percent by weight of 41203 (2) pounds ofdry alum per gallon 5. Certified Laboratorv Report a. A certified laboratory report shall be submifted prior to the first liquid alum delivery to the City, and when a signifrcant change occurs in the Contractor's manufacturing process. This report shall contain the following: Percent by weight:Mass (mg) à, b. 41203; Fe203; Foreign sulfates; Excess water soluble 41203 Arsenic Cadmium Chromium Lead Exhibit A Excess water soluble Al; Suspended matter; and Pounds ofdry alum per gallon Mercury Selenium Silver Charges for the certified laboratory report shall be included in the bid price. a. The estimated requirements for liquid alum, as listed on the "lnvitation for Bid", will vary with the actual demands of the City. The estimated requirements are given for information purposes only and shall not be deemed to guarantee either a minimum amount or restrict the maximum amount to be furnished. It is the intent of this specification to require the Contractor to furnish all the City's liquid alum requirements, d. Neither an under run, regardless ofextent, nor an oveffun, regardless ofextent, in the actual quantþ delivered compared to the estimated quantþ shall entitle the Conhactor to an adjustment in the unit price or to any other compensation. 7. Delivery The Contractor shall make deliveries of liquid alum upon request in single-unit cargo hailers of minimum 4000-gallon capacity (approximately 26 tons wet weight basis) to the City of San Luis Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, California 93405. The Contractor shall make deliveries of liquid alum between the hows of 6:00 a.m. to 12:00 p.m. If the Contractor for any reason cannot make the delivery during the above stated hours, the Contractor shall notif, the Cify and an alternate time will be scheduled. 8. Condition of Cargo Trailers a. All cargo trailers and appurtenant valves used for the delivery of the liquid alum, under this specification, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. b, All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid alum shall be clean and free from contaminating material. If off-loading equipment is not properly cleaned, this will constitute a reason for rejection ofthe load. c. All trailer ports used for the loading or delivery of liquid alum shall be secured with appropriate tamper-proof, security seal verif ing the shipment has not been breached in hansit. If seals are not intact, this will constitute a reason for rejection ofthe load. 9. Safetv Requirement Truck driver shall wear the appropriate protective face and body apparel, as required by the Califomia Occupational Safety and Health Administration, when unloading the liquid alum, 10. Marking Each package shall carry a clear identification ofthe material and shall carry the current proper precautionary information as required. b c Exhibit A 11. Spillage All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage of liquid alum. The Contractor shall be notihed immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (a) hours of notification will be cleaned up by the City forces at a minimum charge of $150 per hour and shall be billed to the Contractor. d. The Contractor shall pay for the repair of areas damaged by the spillage of liquid alum. 12. Placement of Orders The Cþ shall notify the Contractor a minimum of four (4) days in advance of the requirements for each delivery, 13. City Contacts In the event a problem andlor question arise(s) regarding this specification, the Contractor may contact Dean Furukawa, Water Treatment Plant Supervisor at (805)781-7566. a, b.