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HomeMy WebLinkAboutOlin Corporation dba Olin Chlor Alkali Products 2.1.13ffiOPY AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on February l,2}l3 between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as Cþ, and Olin Corporation, dba Olin Chlor Alkali Products, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, City invited bids for chemicals to treat water and wastewater per Specification No. gllï2. WHEREAS, pursuant to said invitation, Contractor submitted a proposal that was accepted by City to be supplied with Sodium Hypochlorite Solution for the Water Treatment Plant at a cost of $0.604/gallon including services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1' TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as fnst 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 atd Contractor's proposal dated Novemb er 29, 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 specif,rcation 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 seryices as described in Exhibit A attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation fiom the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the Cþ. 6. COMPLETE AGREEMENT. This witten 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 specifically 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 cefifred mail addressed as follows: Utilities Director City of San Luis Obispo 879 Mono Sheet San Luis Obispo, CA 93401 Contractor Olin Corporation, dba Olin Chlor Alkali Products 26700 South Banta Road Tracy, CA 95304 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 writeá. ATTEST CITY OF SAN LUIS OBISPO APPROVED AS TO FORM:n Chlor AIkaIi Products By: John lt. Schab acker City By: City Attorney Business Director Exhibit A SPECIFICATION SODIUM HYPOCHLORITE SOLUTION (l2,5Vo -Bulk Ta n ke r Delivery) Requirement It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for 12.5 % sodium hypochlorite solution, during the period of February l, 2013 through January 31,2014 (12 months). 2. General The sodium hypochlorite solution shall conform to the American Water Works Association's Standard for hypochlorite, 8300-10 or current revision; except as modified or supplemented herein. Chemical Name: Chemical Formula: Concentration: Specific Gravity: Unit V/eight: Sodium Hypochlorite Solution NaOCI 12.5% l.l9 l0 pounds/gallon 3. Qualitv General - The sodium hypochlorite delivered under this specification shall contain no substance in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been treated properly with the sodium hypochlorite, nor shall it contain any substance in quantities capable of producing deleterious or injurious effects on W'ater Reclamation Facility discharge that has been treated properly with the sodium hypochlorite. b. The total free alkali (as NaOH) in sodium hypochlorite shall not exceed 1.5 percent by weight. 4. Affidavit of Compliance The contractor shall submit an afhdavit of compliance with these specif,rcations for each delivery of sodium hypochlorite. 5, Certified Laboratory Report a,A certified laboratory report shall be submitted prior to the frst hypochlorite delivery to the City, and when a significant change occurs in the contractor's process. b. Charges for the certified laboratory report shall be included in the bid price. Ouantitv a 6. Exhibit A The estimated requirements for sodium hypochlorite, as listed on the 'Invitation 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 specif,rcation to require the contractor to fumish all the City's sodium hypochlorite requirements. Neither an under run, regardless of extent, nor an over run, regardless of extent, in the actual quantity delivered compared to the estimated quantity shall entitle the contractor to an adjustment in the unit price or any other compensation. 7. Delivery The contractor shall make deliveries of sodium hypochlorite upon request to the City of San Lurs Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, Califomia 93405, or to the City of San Luis Obispo Water Reclamation Facility, 35 Prado Road, San Luis Obispo, Califomia, 93401. The contractor shall make deliveries of sodium hypochlorite to the Vy'ater Reclamation Facility between the hours of 7:00 a.m. to 3:00 p.m. and to the Vy'ater Treatment Plant between the hours 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 City and an alternate time will be scheduled. The contractor shall provide delivery service on Saturday, Sunday and legal holiday as necessary with order lead time of two days, 8. Condition of Containers The sodium hypochlorite shall be of 12.5 %o available NaOCI by weight, and shipped by tanker truck. b. All cargo hailers and appurtenant valves used for the delivery of the sodium hypochlorite, 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 ofFederal Regulations, as curently issued. b. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be clean and free from contaminating material. If ofÊloading equipment is not properly cleaned, this will constitute a reason for rejection ofthe load. d. All trailer ports used for the loading or delivery of sodium hypochlorite shall be secured with appropriate tamper-proof, security seals verifling 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 California Occupational Safety and Health Administration when unloading sodium hypochlorite. 10. Marking a. b. c, d a b c î. Each container shall carry a clear identification of the material, and shall carry the current proper Exhibit A precautionary information as required by the Department of Transpoftation and other regulatory agencies. I 1. Spillaqe a.All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage ofsodium hypochlorite. b The Contractor shall be notified immediately of any spillage which is not cleaned up by the truck driver. c. Any spillage not cleaned up within four (4) 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 sodium hypochlorite. 12. Placement of Order The City shall notif, the Contractor a minimum of two (2) days in advance of the requirements for each delivery, 13. Citv Contacts In the event a problem and/or question arises regarding this specification, the Contractor may contact Dean Furukawa, Water Treatment Plant Supervisor at (805)781-7566 or Howard Brewen, Vy'ater Reclamation Facilþ Supervisor, at (80 5)7 8l -7 240.