HomeMy WebLinkAboutA6-05 WRF ChemicalsSection D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on January 4, 200 5
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City ,
and Sweetwater Technologies,hereinafter referred to as Contractor .
WITNESSETH :
WHEREAS, City invited bids for chemicals to treat water and wastewater per Specification No .
90505 .
WHEREAS, pursuant to said invitation, Contractor submitted a proposal to supply the Wate r
Treatment Plant with Liquid Cationic Polymer at $937.90 /ton that was accepted by City for sai d
chemicals and services .
NOW THEREFORE, in consideration of the ir mutual promises, obligations and covenant s
hereinafter contained, the parties hereto agree as follows :
1.
TERM . The term of this Agreement shall be from the date this Agreement is made an d
entered, as first written above, until January 31, 2006 .
2.INCORPORATION BY REFERENCE.City Specification No . 90505 an d
Contractor's proposal dated December 13, 2004 are hereby incorporated in and made a part of thi s
Agreement .
3.
CITY'S OBLIGATIONS . For providing chemicals and sery ices as specified in thi s
Agreement, City will pay and Contractor shall receive paym 'd
`ed(tijipt} the aetual 0anti4e ;bl4qrcd
and received by City and the unit prices bid',by contractor :
4.CONTRACTOR'S OBLIGATIONS . For and in consideration of th e
payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agree s
with City to provide chemicals as "described in Exhibit A attached hereto and -incorporated into thi s
Agreement .
,/'cC/
5.AMENDMENTS . Any amendment, modification or variation from the terms of thi s
Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer
of the City .
6.COMPLETE AGREEMENT . This written Agreement, including all writing s
specifically incorporated herein by reference, shall constitute the complete agreement between the partie s
hereto . No oral agreement, understanding or representation not reduced to writing and specificall y
incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding o r
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
Finance Department
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
Contractor
Sweetwater Technologie s
P .O . Box 602
Columbia, TN 38402-060 2
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenan t
that each individual executing this agreement on behalf of each party is a person duly authorized an d
empowered to execute Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the da y
and year first above written .
ATTEST :
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City Cler k
APPROVED AS TO FORM :
CITY OF SAN LUIS OBISP O
By : Lu~a4i
City Administr e Officer
EXHIBIT A
SPECIFICATIO N
LIQUID CATIONIC POLYME R
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 January 31, 2005 through January 31, 2006 (1 2
months).
2 .
Quality
a.The liquid cationic polymer delivered under this specification shall contain no substances i n
quantities capable of producing deleterious or injurious effects upon the health of those consumin g
the water to which the liquid cationic polymer has been added . or causing water so treated to fail t o
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 :
USEPA approved for use in potable waters at dosages up to 50 mg/liter ;
Active polymer of 20 ± 1 percent ;
Free of biological contamination ; and
No more than 5 mg/I iron .
3 .
Affidavit of Compliance
a.The Contractor shall submit an affidavit of compliance with these specifications for each delivery o f
liquid cationic polymer as delivered to the City .
b.The affidavit of compliance shall contain:
(1)Percent active polymer ;
(2)Pounds per gallon ; an d
(3)Date of manufacture .
4 .
Certified Laboratory Repor t
a . A certified laboratory report shall be submitted prior to the first liquid cationic polymer delivery t o
the City, and when a significant change occurs in the Contractor's manufacturing process. Thi s
report shall contain the following:
(I) Percent active polymer ;
(2)Pounds per gallon;
(3)Date of manufacture ;
(4)Specific gravity ;
(5)Iron ; and
(6)pH.
Charges for the certified laboratory reports shall be included in the bid price .
5 .
City-Approved Cationic Polymer s
The following are the only City-approved cationic polymers :
Manufacturer
Product
Calgon Corporation
CAT Floc-T L
Sweetwater Chemical Co .
S W 102
Imperial West Chemical Co .
Imperial Floc C-1
JENCHEM
JC8102
6 .
Qualification Requirements for City Approval
To achieve City approval, for future bid purposes a prospective Contractor's liquid cationic polymer shall mee t
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 thi s
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 cationi c
polymer in the amount established by the City . The prospective Contractor shall b e
reimbursed for the liquid cationic polymer at its current market value ; but in no case, shal l
this amount exceed the current contract price paid by the City for bulk liquid cationi c
polymer.
(4)
Performance evaluations shall be performed at the convenience of the City and may b e
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 var y
with the actual demands of the City .
b.The estimated requirements are given for information purposes only and shall not be deemed t o
guarantee either a minimum amount or restrict the maximum amount to be furnished .
c.It is the intent of this agreement to require the Contractor to furnish all the City's liquid cationi c
polymer requirements .
d.Neither an under run, regardless of extent, in the actual quantity delivered compared to the estimate d
quantity shall entitle the Contractor to an adjustment in the unit price or to any other compensation .
8.Delivery
The Contractor shall make deliveries of liquid cationic polymer upon request, in 55 gallon drums . The
Contractor shall make deliveries of liquid cationic polymer between the hours of 6 :00 a.m . to 3 :00 p .m.If the
Contractor for any reason cannot make the delivery during the above stated hours, the Contractor shall notif y
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 othe r
DOT approved containers.
10.Markings
Each shipment shall be identified as to product net weight, name of manufacturer and brand name . Package d
product shall show a lot number or identification of manufacturer . All markings shall conform to DO T
regulations .
11.Placement of Orders
The City shall notify the Contractor a minimum of three (3) days in advance of the requirements of eac h
delivery .
12.Ci Contacts
In the event a problem and/or question arises regarding this specification, the Contractor may contact Dea n
Furukawa, Water Treatment Plant Supervisor at 805-781-7566 .
Section B