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HomeMy WebLinkAboutA7-05 WRF ChemcialsSection D FORM OF AGREEMENT AGREEMEN T THIS AGREEMENT is made and entered into in the City of San Luis Obispo on January 31, 200 5 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City , and Pioneer America LLC,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 Water Treatment Plant with Sodium Hypochlorite at $.735 /gallon and Sodium Hydroxide at $.765 /gallo n and to supply the Water Reclamation Facility with Sodium Hypochlorite at $.79 /gallon and Sodium Hydroxide at $.82 /gallon that was accepted by City for said chemicals and services . NOW THEREFORE, in consideration of their 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 and entered, as first written above, until January 31, 2006 . 2.INCORPORATION BY REFERENCE .City Specification No . 90505 and Contractor's proposal dated December 10, 2005 are hereby incorporated in and made a part of thi s Agreement. 3.CITY'S OBLIGATIONS . For providing chemicals and services as specified in thi s Agreement, City will pay and Contractor shall receive payments based upon gi go a ,[pp,,: and received by City and the uhifprices 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 attopbed, hereto and' incorporated into this Agreement. n7-6C 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 Administrative Office r 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 : Finance Departmen t City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 9340 1 Pioneer America, LLC 700 Ygnacio Valley Road, Suite 25 0 Walnut Creek, CA 9459 6 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: CITY OF SAN LUIS OBISP O City Contractor By: Ua-t4_ City A mtnistra e Officer APPROVED AS TO FORM : CONTRACTOR By: EXHIBIT A SPECIFICATIO N SODIUM HYPOCHLORITE SOLUTIO N ( 12 .5%-Bulk Tanker Delivery) Requiremen t It is required that a contractor be established to furnish, in accordance with these specifications, all of th e City's requirements for 12 .5 % sodium hypochlorite solutions, during the period of January 31, 200 5throughJanuary 31, 2006 (12 months). 2 . Genera l The sodium hypochlorite solution shall conform to the American Water Works Association's Standard for hypochlorites, B300-87 or current revision ; except as modified or supplemented herein . 3 . Quality a.General - The hypochlorites delivered under this specification shall contain no substance i n quantities capable of producing deleterious or injurious effects on the health of those consumin g water that has been treated properly with the hypochlorites . b.The total free alkali (as NAOH) in sodium hypochlorite shall not exceed 1 .5 percent by weight . 4. Affidavit of complianc e The contractor shall submit an affidavit of compliance with these specifications for each delivery o f sodium hypochlorite . 5 . Certified Laboratory Repor t a.A certified laboratory report shall be submitted prior to the first 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 . 6. Quantity a.The estimated requirements for sodium hypochlorite, 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 specification to require the contractor to furnish all the City's sodiu m hypochlorite requirements . d.Neither an under run, regardless of extent, nor an overrun, regardless of extent, in the actua l quantity delivered compared to the estimated quantity shall entitle the contractor to an adjustment i n the unit price nor to any other compensation . 7. Delivery a . The contractor shall make deliveries of sodium hypochlorite upon request to the City of San Luis Obispo, Water Treatment Plant Stenner Creek Road, San Luis Obispo, California 93401, or to th e City of San Luis Obispo Water Reclamation Facility, 35 Prado Rd ., San Luis Obispo, California , 93401 . b.The contractor shall make deliveries of sodium hypochlorite between the hours of 7 :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 notify the City and an alternate time will be scheduled . c.The contractor shall provide delivery service on Saturday, Sunday and legal holiday as necessar y with order lead time of two days . 8. Condition of Containers The sodium hypochlorite shall be of 12 .5 % available chlorine by weight, and shipped by tanker truck . 9. Safety Requiremen t Truck driver shall wear the appropriate protective face and body apparel, as required by the Californi a Occupational Safety and Health Administration, when unloading the sodium hypochlorite. 10. Marking, Each container shall carry a clear identification of the material, and shall carry the current prope r precautionary information as required by the Department of Transportation and other regulatory agencies . 11. Placement of Orde r The City shall notify the Contractor a minimum of two (2) days in advance of the requirements for eac h delivery . 12. City Contact s 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 or Jim Autry, Water Reclamation Facilit y Supervisor at 805-781-7240 . SPECIFICATION SODIUM HYDROXIDE - CAUSTIC SOD A Requiremen t It is required that a contractor be established to furnish, in accordance with these specifications, all of th e City's requirements for liquid caustic soda, during the period of January 31, 2005 through January 31, 200 6 (12 months). 2 . General a.The caustic soda supplied shall conform with the American Water Works Association's standard fo r caustic soda B501-88 or current revision, except as modified or supplemented herein . b.The contractor must be able to supply caustic soda in 30% solution (a 25% solution is acceptable i n lieu of 30%) 3 . Ouality The caustic soda supplied shall contain no soluble material'or organic substances in quantities capable o f producing deleterious or injurious effects on the health of those consuming water that has been properl y treated with the caustic soda. 4 . Affidavit of Compliance The contractor shall submit an affidavit of compliance with these specifications for each delivery of causti c soda to the City . 5 . Ouantity a.The estimated requirements for caustic soda, as listed on the "Invitation for Bid", will vary with th e 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 specification to require the contractor to furnish all the City's caustic sod a requirements . d.Neither an under run, regardless of extent, nor an overrun, regardless of extent, in the actual quantit y delivered compared to the estimated quantity shall entitle the contractor to an adjustment in the uni t price nor to any other compensation . 6 . Delivery a.The contractor shall make deliveries of caustic soda in bulk delivery cargo trailers upon request to th e City of San Luis Obispo, Water Treatment Plant Stenner Creek Road, San Luis Obispo, CA, 93401 , or to the City of San Luis Obispo Water Reclamation Facility, 35 Prado Rd ., San Luis Obispo, CA , 93401 . b.The contractor shall make deliveries of caustic soda between the hours of 7 :00 a .m . to 5 :00 p.m . I f the contractor for any reason cannot make the delivery during the above stated hours, the contracto r -15- shall notify the City and an alternate time will be scheduled . c . The contractor shall provide delivery service on Saturday, Sunday and legal holidays as necessar y with order lead time of two days . 7 . Condition of Cargo Trailer s a.All cargo trailers and appurtenant valves used for the delivery of caustic soda, under thi s specification, shall be in good mechanical order and shall be in full compliance with the Hazardou s Materials Regulations of the Department of Transportation, Code of Federal Regulations, a s currently issued . b.All appurtenant valves, pumps and discharge hoses used for the delivery of caustic soda shall b e clean and free from contaminating material . If off-loading equipment is not properly cleaned, thi s will constitute a reason for rejection of the load . 8 .Safety Requiremen t The truck driver shall wear the appropriate protective face and body apparel, as required by the Californi a Occupational Safety and Health Administration, when unloading the caustic soda . 9 . Placement of Orde r The City shall notify the Contractor a minimum of two (2)days in advance of the requirements for eac h delivery. 11 . City Contact s 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 or Jim Autry, Water Reclamation Facilit y Supervisor at 805-781-7240 .