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HomeMy WebLinkAboutSNF Polydyne Inc 2.1.13AGREEMENT 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 SNF Polydyne, 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 submitted a proposal that was accepted by City to be supplied with Liquid Cationic Polymer for the Water Treatment Plant at a cost of $1,220/ton 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 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 3, 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 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, 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 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 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 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 certified mail addressed as follows: City Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Contractor SNF Polydyne, Inc. 1 Chemical Plant Road Riceboro, GA 31323 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. APPROVED AS TO FORM: 4CiAttorney CITY OF SAN LUIS OBISPO k :0 0- City Z-0- CONTRACTOR By: Lawrence D. Grizzl , usiness Manager Exhibit A SPECIFICATION LIQUID CATIONIC POLYMER 1. Requirement It is required that a Contractor be established to furnish, in accordance with these specifications, all of the City's requirements for cationic polymer during the period of February 1, 2013 through January 31, 2014 (12 months). 2. Qualfty a. The liquid cationic polymer delivered under this specification 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 cationic polymer has been added or causing water so treated to fail to meet the requirements of the California Domestic Water Quality and Monitoring Regulations. b. The liquid cationic polymer delivered under this agreement shall conform to the following: (1) USEPA approved for use in potable waters at dosages up to 50 mg/liter; (2) Active polymer of 20 + 1 percent; (3) Free of biological contamination; and (4) No more than 5 mg/1 iron. Affidavit of Compliance a. The Contractor shall submit an affidavit of compliance with these specifications for each delivery of liquid cationic polymer as delivered to the City. b. The affidavit of compliance shall contain: (1) Percent active polymer; (2) Pounds per gallon; and (3) Date of manufacture. 4. Certified Laboratory Report a. A certified laboratory report shall be submitted prior to the first liquid cationic polymer delivery to the City, and when a significant change occurs in the Contractor's manufacturing process. This report shall contain the following: (1) Percent active polymer; (2) Pounds per gallon; (3) Date of manufacture; (4) Specific gravity; (5) Iron; and (6) pH. b. Charges for the certified laboratory reports shall be included in the bid price. Exhibit A 5. City -Approved Cationic Polymers The following are the only current City -approved cationic polymers: Manufacturer Calgon Corporation Sweetwater Chemical Co. (Sterling Water Technologies) Polydyne Qualification Requirements for City Approval Product CAT Floc-TL SW102 Clarifloc (R) C-4420 To achieve City approval, for future bid purposes a prospective Contractor's liquid cationic polymer shall meet the following requirements: a. All the requirements of these specifications. b. Performance criteria established by the City: (1) A screening evaluation conducted on a laboratory scale performed by City personnel. (Prospective Contractor shall furnish at least 100 ml of liquid cationic polymer for this evaluation), (2) If the laboratory evaluation demonstrates the liquid cationic polymer to be effective, under laboratory conditions, then a plant -scale evaluation shall be performed. (3) For the plant -scale evaluation, the prospective Contractor shall furnish liquid cationic polymer in the amount established by the City. The prospective Contractor shall be reimbursed for the liquid cationic polymer at its current market value; but in no case, shall this amount exceed the current contract price paid by the City for bulk liquid cationic polymer. (4) Performance evaluations shall be performed at the convenience of the City and may be witnessed by the prospective Contractor. (5) Supply a list of municipalities that has used the chemicals in the last year. 7. Quantity a. The estimated requirements for liquid cationic polymer, as listed on the "Invitation for Bid", will vary with the actual demands of the City. b. 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 agreement to require the Contractor to furnish all the City's liquid cationic polymer requirements. d. Neither an under 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 to any other compensation. e. Typical quantity per order/delivery is 8 — 55 gallon drums. Exhibit A Delivery The Contractor shall make deliveries of liquid cationic polymer upon request to the City of San Luis Obispo, Stenner Creek Road, San Luis Obispo, California, 93401 in 55 gallon drums. The Contractor shall make deliveries of liquid cationic polymer 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 notify the City and an alternative time will be scheduled. 9. Condition of Containers Cationic polymer shall be shipped in bulk; in non -returnable plastic drums of 454 lbs. net weight or in other DOT approved containers. 10. Markings Each shipment shall be identified as to product net weight, name of manufacturer and brand name. Packaged product shall show a lot number or identification of manufacturer. All markings shall conform to DOT regulations. 11. Placement of Orders The City shall notify the Contractor a minimum of three (3) days in advance of the requirements of each delivery. 12. City 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. Attachment 1 Section E INSURANCEQ Supply and Equipment Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the products and materials supplied to the City. The cost of such insurance shall be borne by the Contractor. Minimum Scope of Insurance. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Minimum Limits of Insurance. Contractor shall maintain limits no less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: I. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: products and completed operations of the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 31