Loading...
HomeMy WebLinkAboutPencco Inc 2.1.13GOPY AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on February l, 2013 between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Pencco, Inc., hereinafter referred to as Contractor, WITNESSETH: WHEREAS, City invited bids for chemicals to treat water and wastewater per Specification No. 91182 WHEREAS, pursuant to said invitation, Contractor submiffed a proposal that was accepted by City to be supplied with Ferrous Chloride Solution for the Water Reclamation Facility at a cost of $633.761ton including services. NO'W THBREFORE, 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 December 4,2012 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 Cþ's specification 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, Cþ will pay and Contractor shall receive payments based upon the actual quantities ordered and received by Crty 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 City 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 witing and shall be effective only upon approval by the City Manager of the Cþ. 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 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 ceftified mail addressed as follows: Utilities Director Cþ of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Contractor Pencco, Inc. P.O. Box 600 San Felipe, TX77473 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 u,r'itteri. ATTEST:CITY OF SAN LUIS APPROVED AS TO CONTRACTOR City City By:p2 R. L. Horne, Pencco, Inc. hesiatìñT-Attorney Exhibit A SPECIFICATION FERROUS CHLORIDE SOLUTION (35% Bulk Tanker Delivery) l. Requirement It is required that a Contractor be established to furnish, in accordance with these speciflrcations, all of the City's requirements for ferrous chloride solution during the period of February I , 2013 through January 3 I , 2014 (12 months). 2. General Chemical Name: Chemical Formula: Concentration: Specific Gravity: Unit Weight: Ferrous Chloride Solution FeCl 35% 1.37 I 1.4 pounds/gallon 3. General Imourities The ferrous chloride solution supplied under this specihcation shall contain no soluble material or organic substances in quantities capable of producing deleterious or injurious effects on the Water Reclamation Facility waste stream that has been treated properly with the ferrous chloride. 4. Ouantitv The estimated requirements for fenous chloride solution, as listed previously, 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 fumish all the City's ferrous chloride solution 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 nor to any other compensation. 5. Delivery a,The Contractor shall make deliveries of ferrous chloride solution upon request to the Cþ of San Luis Obispo Water Reclamation Facility (WRF), 35 Prado Road, San Luis Obispo, Ca,93401. a. b. c. d. b. The Contractor shall make deliveries of fenous chloride solution between the hours of 7:00 a.m. Exhibit A and 3:00 p.m., Monday through Friday. If, for any reason, the Contractor cannot make the delivery during the above-listed hours, the Contractor shall notif, the City, and an alternate time will be scheduled. The Contractor shall deliver ferrous chloride solution in bulk tank-trucks, of minimum 4,000 gallon capacity, to fill the City's two (2) 3,600 gallon tanks. 6.Condition of Cargo Trailers a.All cargo trailers and appurtenant valves used for the delivery of the ferrous chloride solution, 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 currently issued. All appurtenant valves, pumps and discharge hoses used for the delivery of ferrous chloride solution 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 ferrous chloride solution shall be secured with appropriate tamper-proof, security seal verifling the shipment has not been breached in transit. If seals are not intact, this will constitute a reason for rejection of the load. 7. Safety Requirement Contractor truck driver shall wear the appropriate protective face and body apparel, as required by the California Occupational Safety and Health Administration, when unloading the ferrous chloride solution. 8. Marking 9.Spillage c b Each container shall carry a clear identif,rcation of the material, and shall carry the current proper precautionary information as required by the Department of Transportation and other regulatory agencies. All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained to prevent any spillage offerrous chloride solution. 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 Conhactor. d, The Contractor shall pay for the repair of areas damaged by the spillage of ferrous chloride solution. 10. Placement of Orders The City shall notif, the Contractor a minimum of two (2) days in advance of the requirements for each delivery. I 1. Citv Contacts In the event of a problem, or if a question arises regarding this specification, the Contractor may contact Howard Brewen, Water Reclamation Facilþ Supervisor, at (805)781-7240. a. b.