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HomeMy WebLinkAboutA12-05 Utility Chemicalsr,» Section D FORM OF AGREEMENT AGREEMENT 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 Thatcher Company of California,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 Liquid Alum at $185 / ton and Sodium Silicofluoride at $720 / ton 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 an d entered, as first written above, until January 31, 2006 . 2.INCORPORATION BY REFERENCE .City Specification No . 90505 and Contractor's proposal dated December 15, 2004 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 paymentg ib4 ctd upon the adtual quantities :ONOe d and received by City and the unit prices bid by C ontractor : 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 Ai rattached hereto arid' corporated into thi s Agreement . 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 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 Street San Luis Obispo, CA 9340 1 Thatcher Company of California 233 South Seventh Avenu e City of Industry, CA 9174 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 . City Contracto r ATTEST : APPROVED AS TO FORM : CITY OF SAN LUIS OBISP O By :tr1 City Administra Officer CONTRACTOR omey By : t, SPECIFICATIO N LIQUID ALUM (Bulk) Requirement It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for bulk liquid alum during the period of January 31, 2005 through January 31, 2006 (1 2 months). 2 .General a.The liquid alum shall conform to the American Water Works Association's Standard for Liquid Alum, B403-82 or current revision; except as modified or supplemented herein . b.Dry weight (wt) shall be defined as : delivery wt (wet wt)X % A l203 (lab report) 1 7 3 .Quality a.The liquid alum shall contain no substances in quantities capable of producing deleterious or injuriou s effects upon the health of those consuming the water to which the liquid alum has been added o r causing water so treated to fail to meet the requirements of the California Domestic Water Quality an d Monitoring Regulations. b.The liquid alum delivered under this specification shall contain 7 .3 + 1 .2 percent as water soluble Al20 3. 4 .Affidavit of Complianc e a.The Contractor shall submit an affidavit of compliance with these specifications for each delivery o f liquid alum as delivered to the City's storage tanks . b.The affidavit of compliance shall contain : (1)percent by weight of Al 203 (2)pounds of dry alum per gallon 5 .Certified Laboratory Report a .A certified laboratory report shall be submitted prior to the first liquid alum delivery to the City, an d when a significant change occurs in the Contractor's manufacturing process . This report shall contai n the following : Percent by weight :Mass (mg) Al203 ;Arseni c Fe 203 ;Cadmium oh Foreign sulfates ;Chromium Excess water soluble Al 2 03 Lead Excess water soluble Al ;Mercury Suspended matter; and Selenium Pounds of thy alum per gallon Silver b .Charges for the certified laboratory report shall be included in the bid price . 6 .Quantity a.The estimated requirements for liquid alum, 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 liquid alu m 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 or to any other compensation. 7.Delivery The Contractor shall make deliveries of liquid alum upon request in single-unit cargo trailers of 4000-gallo n capacity (approximately 26 tons wet weight basis) to the City of San Luis Obispo, Stenner Creek Road, Sa n Luis Obispo, California 93401 . The Contractor shall make deliveries of liquid alum 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 notify the City and an alternate time will be scheduled . 8 .Condition of Cargo Trailer s a.All cargo trailers and appurtenant valves used for the delivery of the liquid alum, under thi s specification, shall be in good mechanical order and shall be in full compliance with the applicabl e requirements of the Hazardous Materials Regulations of the Department of Transportation, Code o f Federal Regulations, as currently issued . b.All appurtenant valves, pumps, and discharge hoses used for the delivery of liquid alum shall be clea n and free from contaminating material . If off-loading equipment is not properly cleaned, this wil l constitute a reason for rejection of the load . 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 liquid alum . 10 .Spillage a.All discharge connections and hose ends shall be plugged, capped, blind flanged, or contained t o prevent any spillage of liquid alu m b.The Contractor shall be notified immediately of any spillage which is not cleaned up by the truc k driver . c.Any spillage not cleaned up within four (4) hours of notification will be cleaned up by the City force s at a minimum charge of $150 per hour and shall be billed to the Contractor . d.The Contractor shall pay for the repair of areas damaged by the spillage of liquid alum . 11.Placement ofOrders The City shall notify the Contractor a minimum of four (4) 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 . SPECIFICATIO N SODIUM SILICOFLUORID E 1.Requiremen t It is required that a contractor be established to furnish, in accordance with these specifications, all of the City's requirements for sodium silicofluoride during the period of January 31, 2005 through January 31, 2006 (1 2 months). 2.General The sodium silicofluoride shall conform with the American Water Works Association's Standard for sodiu m silicofluoride B702-74 or current revision ; except as modified or supplemented herein . Quality a.The sodium silicofluoride shall contain no substances in quantities capable of producing deleteriou s or injurious effects upon the health of those consuming the water to which the sodium silicofluorid e has been added, or causing water so treated to fail to meet the requirements of the Californi a Domestic Water Quality and Monitoring Regulations . b.The sodium silicofluoride, delivered under this specification, shall conform to the following : (1)Free of stones, sticks, paper, or particles of other foreign matter . (2)Not more than .05 percent of the "heavy metals", such as mercury, lead, bismuth and coppe r (expressed as lead (Pb), and no other soluble mineral or organic substance in quantities capable o f producing deleterious or injurious effects . (3)The material shall be a fine, dry powder containing no lumps and shall be free-flowing an d suitable for storage in closed hopper bins and for feeding with a standard dry feeder . (4)The material shall meet the following requirements at least 98 percent through US Standard Siev e No. 40, less than 25 percent through US Standard Sieve No . 325 . (5)The sodium silicofluoride shall have a minimum of 98 percent (dry basis) sodium silicofluorid e (Na SiF ), which corresponds to approximately 59 .4 percent fluoride ions . (6)Insoluble matter shall not exceed 0 .5 percent. (7)Moisture shall not exceed 0 .5 percent. 4 . Affidavit of Complianc e a.The Contractor shall submit an affidavit of compliance with these specifications for each delivery o f sodium silicofluoride as delivered to the City . b.The affidavit of compliance shall contain the following : percent insoluble matte r percent moisture percent (dry basis) sodium silicofluoride 5 . Certified Laboratory Report a.A certified laboratory report shall be submitted prior to the first sodium silicofluoride delivery to th e City, and when a significant change occurs in the Contractor's process . This report shall contain th e following: percent insoluble matte r percent moisture .content percent "heavy metals expressed as lead (Pb ) percent (dry basis) sodium silicofluorid e sieve analysis b.Charges for the certified laboratory reports shall be included in the bid price . 6 . Quantity a.The estimated requirements for sodium silicofluoride, 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 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 silicofluoride requirements . d.Neither an underrun, 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 . 7 . Delivery The Contractor shall make deliveries of sodium siicofluoride upon request to the City of San Luis Obispo , Stenner Creek Road, San Luis Obispo, California, 93401 . The Contractor shall make deliveries of sodiu m silicofluoride between the hours of 6 :00 a .m. to 3 :00 p .m . If the Contractor for any reason cannot make th e delivery during the above stated hours, the Contractor shall notify the City and an alternate time will b e scheduled . 8 . Container s Sodium silicofluoride shall be shipped in bulk in 50 lb . bags. The net weight of packages shall not deviat e from the recorded weight by more than 2 .5 percent . Condition of Container s a.All packages shall be carefully examined by the Contractor, prior to shipment . All packages shall b e free from physical damage which will cause leakage of material . b.Packaged sodium silicofluoride shall be in multi-wall kraft bags, preferably constructed with a polyethylene moisture barrier for better protection during storage . 10. Packing 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 . 11.Marking Each package shall carry a clear identification of the material and shall carry the current proper precautionar y information as required. 12.Placement of Order s The City shall notify the Contractor a minimum of four (4) days in advance of the requirements for each delivery . 13.City 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 .