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HomeMy WebLinkAboutThatcher Company 2.1.13GOPY AGREEMENT THIS AGRBEMENT 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 Thatcher Company ofCalifornia, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, City invited bids for chemicals to treat water and wastewater per Specification No. gllg2. WHEREAS, pursuant to said invitation, Contractor submitted a proposal that was accepted by City to be supplied with Sodium Silicofluoride for the Water Treatment Plant at a cost of $ 1,3 50/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 Specif,rcation No. 91182 and Contractor's proposal dated December 5, 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 specihcation 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 ancl 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 Cify 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: Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Contractor Thatcher Company of California P.O,Box27407 Salt Lake City, UT 84127-0407 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 parfy. IN V/ITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST:CITY OF SAN LUIS City City APPROVED AS Attomey CONTRACTOR- THATCHER COMPANY OF CALIFORNIA By: C ra g N.tc êr, Pres i dent Exhibit A SPECIFICATION SODIT]M SILICOFLUORIDE 1. Requirement It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for sodium silicofluoride dwing the period of February 1,2013 through January 31,2014 (12 months). 2. General 3. Oualitv The sodium silicofluoride shall contain no substances in quantities capable ofproducing deleterious or injurious effects upon the health of those consuming the water to which the sodium silicofluoride has been added, or causing water so treated to fail to meet the requirements of the Califomia Domestic Water Qualþ and Monitoring Regulations. b. The sodium silicofluoride, delivered under this specif,rcation, shall conform to the following: (1) Free ofstones, sticks, paper, orparticles ofother foreign matter. (2) Not more than .05 percent of the "heavy metals", such as mercury, lead, bismuth and copper (expressed as lead (Pb), and no other soluble mineral or organic substance in quantities capable of producing deleterious or inj urious effects. (3) The material shall be a f,me, dry powder containing no lumps and shall be free-flowing and suitable for storage in closed hopper bins and for feeding with a standard dry feeder. (a) The material shall meet the following requirements at least 98 percent through US Standard Sieve No. 40, less than25 percent through US Standard Sieve No. 325. (5) The sodium silicofluoride shall have a minimum of 98 percent (dry basis) sodium silicofluoride (Na SiF ), which conesponds to approximately 59.4 percent fluoride ions. (6) Insoluble matter shall not exceed 0.5 percent. (7) Moisture shall not exceed 0,5 percent. A brand which has met all requirements previously is LCI LTD, KC Industries LLC, Mulberry, FL 33860. Any product supplied must be of at least equal quality. 4. Affidavit of Compliance The Contractor shall submit an affidavit of compliance with these specifications for each delivery of sodium silicofluoride as delivered to the City. The affidavit of compliance shall contain the following: percent insoluble matter The sodium silicofluoride shall conform with the American Water Works Association's Standard for sodium silicofluoride 8702-ll or cunent revision; except as modified or supplemented herein. a a. b. Exhibit A percent moisture percent (dry basis) sodium silicofluoride 5. Certified Laboratory Report A certified laboratory report shall be submitted prior to the first sodium silicofluoride delivery to the City' and when a significant change occurs in the Contractor's process, This report shall contain the following: percent insoluble matter percent moistwe content percent heavy metals expressed as lead (Pb) percent (dry basis) sodium silicofluoride sieve analysis Charges for the certiflred laboratory reports shall be included in the bid price. The estimated requirements for sodium silicofluoride, 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 specification to require the Contractor to furnish all the City's sodium silicofl uoride requirements. Neither an undemln, regardless of extent, nor an overrun, 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. Typical quantity per order/delivery is 7500 lb. (150 - 50 lb, bags). 7. Delivery a 6 b c. d. e. The Contractor shall make deliveries of sodium silicofluoride upon request to the Cþ of San Luis Obispo Water Treatment Plant, 1990 Stenner Creek Road, San Luis Obispo, California, 93405. The Contractor shall make deliveries of sodium silicofluoride 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 Cþ and an alternate time will be scheduled. 8. Containers Sodium silicofluoride shall be shipped in bulk in 50 lb. bags. The net weight of packages shall not deviate from the recorded weight by more than2.5 percent. 9. Condition of Containers All packages shall be carefully examined by the Contractor, prior to shipment. All packages shall be free from physical damage which will cause leakage of material. Packaged sodium silicofluoride shall be in multi-wall kraft bags, preferably constructed with a polyethylene moisture barrier for better protection during storage. a. b. Exhibit A 10. Packins ll. Marking The Contractor shall pack sodium silicofluoride in containers which comply in every respect with current Hazardous Material Regulations of the Department of Transportation, Code of Federal Regulations. Each package shall carry a clear identification ofthe material and shall carry the curent proper precautionary information as required. 12. Placement of Orders The Cþ shall noti$ the Contractor a minimum of four (4) days in advance of the requirements for each delivery. 13. Citv Contacts In the event a problem and/or question arise(s) regarding this specification, the Contractor may contact Dean Furukawa, Water Treatment Plant Supervisor at (805)781-7566. INSURANCE REQUIREMENTS Attachment I Section E 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 fnsurance. 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: The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: products and completed operations ofthe Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 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. 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. 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 certifìed 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 fumish 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. 2 J. 4. 31