19-0604_STERLING WATER TECHNOLOGIES_E9_Agenda ReportCity Council Agenda Report
June 4, 2019
Page 2 of 3
agreements could be assigned to the successor agency or terminated upon a 30-day
notice.
DISCUSSION/ANALYSIS:
The Utilities Department uses chemicals in various locations throughout the water
system, and predominately at the Ground Water Recovery Plant (GWRP). A Request for
Proposals (RFP) for supply and delivery of the required chemicals was posted on the
City's website April 17, 2019, and was distributed to seventeen companies. Final
proposals were due May 15, 2019. The ,proposals are for non-exclusive, two year terms,
with fixed pricing for this term. Suppliers were only required to submit proposals on
chemical items that they have the qualifications and resources to supply. Seven proposals
were received along with two letters from suppliers declining to bid. A summary of the
proposals is provided in Attachment 2. Staff recommends awarding two-year purchase
agreements to those suppliers providing the lowest price for each chemical.
Identical low price bids of $1.36 per gallon were received from two suppliers for sodium
bisulfite (Brenntag Pacific Inc. and JCI Jones Chemicals). Staff recommends award of an
agreement to Brenntag Pacific Inc. for this chemical because Brenntag is an established
vendor that has been reliably supplying the City with sodium bisulfite at the same price
for the past two years. The following suppliers are recommended for award of two-year
purchase agreements for purchase and delivery of the indicated chemicals:
• Brenntag Pacific Inc . for Sodium Permanganate 20% at $9.82 per gallon, Sodium
Bisulfite 25% at $1 .36 per gallon, and Ammonium Hydroxide 19% at $4 .83 per
gallon;
• JCI Jones Chemicals Inc. for Sodium Hypochlorite 12.5% at $1.08 per gallon and
Sodium Hydroxide 50% at $2.42 per gallon;
• Sterling Water Technologies LLC for 36% Liquid Orthophosphate (18%)/
Polyphosphate (18%) at $8.5805 per gallon.
FISCAL IMPACT:
The proposed Purchase Agreements would be limited to the approved budget. The Fiscal
Year 2019-2020 budget includes $420,000 for chemical supplies. The estimated annual
cost for all of these chemicals is $227,000, and the estimated cost for each chemical is
shown in Attachment 2. The estimated remaining budget amount of $193,000 is reserved
for possible, unanticipated additional quantities of these chemicals and for other
chemicals used throughout the water system.
ENVIRONMENTAL IMPACT:
The recommended action would not be subject to CEQA pursuant to Section 15060(c)(3)
of CEQA Guidelines because the action is not a project as defined in Section 15378 of
the CEQA Guidelines, and the action would have no potential for resulting in physical
change to the environment, directly or indirectly.
City Council Agenda Report
June 4, 2019
Page 3 of 3
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITIEE/BOARD REVIEW AND RECOMMENDATIONS:
On May 21, 2019, the Utilities Commission recommended that the City Council approve
and authorize the City Manager to execute water treatment chemical supply and delivery
purchase agreements with Brenntag Pacific Inc., JCI Jones Chemicals Inc., and Sterling
Water Technologies LLC.
NOTIFICATIONS:
Brenntag Pacific Inc.
JCI Jones Chemicals Inc.
Sterling Water Technologies LLC .
Chemrite Inc.
Hill Brothers Chemical Company
Olin Corporation
Shannon Chemical Corporation
Airgas Specialty Products Inc.
Univar USA Inc.
ATIACHMENT:
Attachment 1 -Chemical Supply & Delivery Request for Proposals (RFP)
Attachment 2 -Summary of Chemical Supply & Delivery Proposals
City of San Juan Capistrano
RFP -Water Treatment Chemical Supply and Delivery
City of San Juan Capistrano Utilities Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention : Noreen Swiontek, Senior Management Analyst
Any proposal received after the established closing date and time will not be accepted
and will be returned to the Proposer unopened. Postmarks will not validate proposals that
arrive after the cut-off time listed above. Faxed or electronic proposals will not be
accepted . Proposals may be withdrawn upon written request at any time prior to the
established closing date and time .
Please contact Noreen Swiontek, Senior Management Analyst, at (949) 487-4307 or
nswiontek@sanjuancapistrano .org should you have any questions. No other members of
the City's staff or City Council should be contacted about this procurement during the
RFP process . Any and all inquiries and comments regarding this RFP must be
communicated in writing, unless otherwise instructed by the City. The City may, in its
sole discretion, disqualify any Contractor who engages in any prohibited communications.
The City may choose to reject any and all proposals. The City may seek any clarification
or additional information from respondents. The City will assess proposals based on
qualifications , experience , availability and "best fit " for the project.
Be advised that all information contained in proposals submitted in response to this
solicitation may be subject to the California Public Records Act (Government Code
Section 6250 et seq.), and information's use and disclosure are governed by this Act.
EXAMINATION O F R EQUIREMENTS
It is the responsibility of each prospective supplier to download and print the RFP package
for review and to verify the completeness of the RFP package before submitting a
Proposal . Each Proposer must carefully examine the requirements contained herein and
specified in the sample Agreement for Purchase of Chemicals (Attachment 2). Please
refer to the sample Agreement for Purchase of Chemicals for insurance requirements and
detailed safety, inspection , and compliance requirements that may not be fully covered in
this RFP . The terms of the Agreement for Purchase of Chemicals cannot be modified
and will not be negotiated . Upon receipt of responses hereunder, each Proposer shall be
thoroughly familiar with all requirements contained herein and within the Agreement. The
failure or omission to examine any form or document shall in no way relieve a Proposer
from any obligation in respect to this proposal as submitted . Any misinterpretation of the
requirements is solely that of the Proposer.
The Prospective Supplier shall comply with all applicable federal, state and local laws,
ordinances, regulations and codes and shall obtain and maintain throughout the term of
the contract, all required permits, certificates and licenses, including a City of San Juan
Capistrano business license.
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Attachment 1
Page 2 of 20
City of San Juan Capistrano
RFP -Water Treatment Chemical Supply and Delivery
PREPARATION OF PROPOSAL
Each proposal must be submitted on the prescribed "Proposal Documents"
(Attachment 1). Proposers are not required to respond to all chemical items, only to
those that they have the qualifications and resources to supply . All blank spaces for price
proposals must be filled in by ink or typewritten . Items not selected for proposal, shall
have that item 's blank space filled in as "Not Applicable or N/A". Except where otherwise
noted on the proposal, the unit price shall be based on the price per gallon of chemical
having the percentage by weight specified . All items will be construed as complete and
prices shown shall be the proposed prices for all equipment, labor, materials and services
required by this Water Treatment Chemical Supply and Delivery RFP and Purchasing
Agreement. The unit price shall be all inclusive of Supplier's profit , overhead and costs
of producing and delivering the chemical. Separate charges for permit fees, regulatory
compliance , taxes , fuel, cleanup will not be accepted. These and all other costs shall be
included in the unit price.
The proposal must be signed and dated in ink by the owner, partner, or corporate officer
of the company or by an agent duly authorized to represent the Prospective Supplier
under this proposal. Include the name and position held within vendor's organization.
The proposer may request release from the proposal if the request is made, in writing,
within five calendar days after the RFP deadline. Proposer may include any other
information they deem necessary and not included in this Request for Proposal.
ADDENDA AND INTERPRETATION
All Prospective Suppliers must register a designated point of contact for communication
by email. Any Addenda will be posted on the City of San Juan Capistrano's website :
http ://sanjuancapistrano .org/Oepartments/City-Cle rk/Public-Construction-Bids -
Requests -for-Bids-RFQs . It is the responsibility of each prospective supplier to check
the City website on a daily basis through the close of the period for receiving proposals
for any applicable addenda or updates. The City does not assume any liability or
responsibility based on any defective or incomplete copying , excerpting , scanning, faxing ,
downloading or printing of the RFP package . Information on the City website may change
without notice to prospective suppliers. Failure to acknowledge addenda may make a
Proposal non responsive and not eligible for award of the contract.
No interpretation of the meaning of the specifications or other proposal documents will be
made to any Proposer orally. Every request for such interpretation must be in writing and
emailed to: Noreen Swiontek, Senior Management Analyst, at
nswiontek@sanjuancapist rano.org . To be given consideration , a request must be
received at least seven (7) days prior to the date fixed for the closing of the RFP . Any and
all such interpretations and any supplemental instructions will be in the form of written
addenda which, if issued , will be posted on the City website no later than five (5) calendar
days prior to the date fixed for the closing of the RFP. The City reserves the right to delay
Page 3 of 5
Attachment 1
Page 3 of 20
City of San Juan Capistrano
RFP -Water Treatment Chemical Supply and Delivery
the proposal due date. Failure of any Proposer to receive any such email addendum or
interpretation shall not relieve such Proposer from any obligation under this Proposal as
submitted. All addenda so issued shall become part of the specifications and contract
documents .
AWARD OF CONTRACT
The award of an Agreement for Purchase of Chemicals will be made to a responsive and
responsible Prospective Supplier or a Prospective Supplier who's proposal best meets
the needs of the City. The City will be reviewing each proposal item separately and
awarding Agreements on each proposal item separately. Where a single Proposer has
been selected for multiple items, a single Agreement will be executed between the City
and the Prospective Supplier.
The successful Prospective Supplier or Prospective Suppliers will enter into an
agreement with the City incorporating all prescribed requirements and conditions of this
RFP and purchase agreement terms. The City shall be the sole judge as to the successful
Prospective Supplier. Before award, Proposers may be required to furnish evidence of
capability, equipment, and financial resources to adequately perform the job . Prior to
issuance of a Notice to Proceed or first delivery, the successful Prospective Supplier will
be required to submit a copy of a City of San Juan Capistrano's business license and
certificates of insurance and endorsements as required.
DISCRETION TO AWARD
The City shall have full discretion to determine the responsiveness of each proposal and
the responsibility of each Proposer and may reject any proposal or all proposals because
of an improper or non-responsive proposal, a non-responsible Proposer, because the
project becomes infeasible, or for any other reason, and make no award at all. This RFP
does not commit the City to award an agreement, or to procure or contract for services or
goods.
EXECUTION OF CONTRACT
The City will mail a Notice of Award, enclosing the Agreement for Purchase of Chemicals
forms to the successful Prospective Supplier or Prospective Suppliers. The Agreement
shall be signed by the successful Prospective Supplier or Prospective Suppliers and
returned with a copy of the vendor's City of San Juan Capistrano's business license and
required certificates of insurance and endorsements, within seven calendar days after the
Prospective Supplier or Prospective Suppliers receives the Notice of Award.
FILING OF PROTESTS
Suppliers may file a "protest" of a Proposal with the City's Assistant Utilities Director. In
order for a Supplier's protest to be considered valid, the protest must:
Page 4 of 5
Attachment 1
Page 4of20
City of San Juan Capistrano
RFP -Water Treatment Chemical Supply and Delivery
A. Be filed in writing within ten (10) business days after the Proposal submission
deadline;
B. Clearly identify the specific irregularity or accusation;
C. Clearly identify the specific City staff determination or recommendation being
protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; and
E. Include all relevant, supporting documentation with the protest at time of filing .
If the protest does not comply with each of these requirements, the City may reject the
protest without further review.
If the protest is timely and complies with the above requirements, the City's Assistant
Utilities Director or other designated City staff member shall review the protest, any
response from the challenged Supplier(s), and all other relevant information. The Utilities
and Public Works Director will provide a written decision to the protestor.
The procedure and time limits set forth in this section are mandatory and are the sole and
exclusive remedy in the event of a protest. Failure to comply with these procedures shall
constitute a failure to exhaust administrative remedies and a waiver of any right to further
pursue the protest, including filing a Government Code Claim or legal proceedings.
SPECIAL PROVISIONS FOR CHEMICAL SUPPLY & DELIVERY
Please refer to the Purchase Agreement for details related to delivery, supply, safety
compliance, emergency spill plan, etc.
All chemicals shall meet NSF 60 and be delivered with by tanker truck.
See Table 1 for the chemical, percent chemical by weight, CAS number, tank volume,
expected delivery volume, and expected number of deliveries.
QUANTITY
Exact quantities may vary from the estimates given, and may be increased or decreased
to meet agency's requirements . No minimum is guaranteed.
INVOICE: Separate invoices shall be provided for each delivery.
ATTACHMENTS:
1. Proposal Documents
2. Sample Agreement to Purchase Chemicals
Page 5 of 5
Attachment 1
Page 5 of 20
PROPOSAL DOCUMENTS FOR CHEMICAL SUPPLY & DELIVERY
Sealed proposals shall be enclosed in an envelope clearly marked with Suppliers name,
address, and "Water Treatment Chemical Supply & Delivery" Request for Proposal.
Proposals may be mailed or delivered to:
City of San Juan Capistrano, Utilities Department
Attention: Noreen Swiontek, Senior Management Analyst
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Proposals must be received by : 4:30 p.m. on Wednesday. May 15, 2019.
The proposal submitted by the undersigned declares:
1. That he/she has read the instructions, terms & conditions, and specifications of
this RFP and has abided by and agreed to the conditions herein and do hereby
propose to provide materials and services required in the amounts listed in the
Chemical Description and Prices.
2. That this proposal is genuine, and not sham or collusive, nor made in the interest
of, or on behalf of any person not herein named, and that the bidder has not
directly or indirectly induced or solicited any other proposer to put in a sham bid,
or caused any other person, firm, or corporation to refrain from submitting a
proposal, and that the proposer has not in any manner sought by collusion to
secure an advantage over any other proposer.
3. That the addenda, if issued, relating to this RFP have been received and are
acknowledged.
4. All deliveries will be made
a . By tanker truck to connect to City's existing cam-loc loading ports.
b. Between the hours of 6:00 am and 11 :00 am .
5. That failure to deliver requested chemical(s) at volume(s) requested within 3 days
of order placement could lead to termination of agreement.
6. It has had personnel inspect the loading dock and tank and has the equipment to
deliver and unload the chemicals.
7. Its personnel will inspect and properly label each tank to which they are to
deliver.
Attach to this proposal the unit costs completed on Table 1. And attach a chemical
description sheet for each chemical proposed which includes the NSF certification,
density, percent by weight of the chemical , the variation the percent by weight, and CAS
number.
Page 1of3 Proposal Documents
Attachment 1
Attachment 1
Page 6 of 20
Table 1: GWRP Drinking Water Chemical Supply Proposal Sheet
A
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NaOCI 12.5% Sodium Hvoochlorite Tan ker Truck 35.000
NaMn04 20.0% Sodium Permanganate Tan ker Truck B.000
NaHS03 25.0% Sodium Bisulfrte (B) Tan ker T ruci< 14 ,000
Liquid -Orthophosphate
P04 var. 36.0% (50%) I Polyphosphate (50%) Tanker Truck 3,000
NH40H 19.0% Ammonium Hvdroxid e T anker Truck 1.000
Na OH 50.0% Sodium Hydroxide T anker Truck 25.000
,vomrnen!S:
1) Extended price is columns (A'C). Column 81 & 82 are for information only.
Page 3 of 3
en
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1500
1,000
1,500
1,000
500
1.500
re 1:12 -
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23
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17
Supplier Name _________ _
Supplier Initials ___ _
Proposal Documents
Attachment 1
Attachment 1
Page 8 of 20
AGREEMENT FOR
PURCHASE OF CHEMICALS
THIS AGREEMENT FOR PURCHASE OF CHEMICALS (hereinafter referred to
as "Agreement") is made and entered into this day of , 2019, by
and between CITY OF SAN JUAN CAPISTRANO, (hereinafter referred to as "City"),
and [INSERT VENDOR NAME] (hereinafter referred to as "Supplier").
RECITALS
A. City is a public agency of the State of California and operates, among
other facilities a Groundwater Recovery Plant (hereinafter referred to as
"GWRP").
B. City desires Supplier to provide [INSERT CHEMICAL NAMES] to City for
use at its Groundwater Recovery Plant.
C. Supplier is duly licensed and has the necessary qualifications to fulfill the
obligations set forth herein.
D. The parties desire by this Agreement to establish the terms for City to
purchase and acquire the goods specified herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Agreeme nt Duration. This Agreement shall commence on July 01, 2019,
and shall be in effect up to and including June 30, 2021.
2. Method of Ordering.
2.1 Suoolv and Purchase of Goods. [INSERT CHEMICAL NAMES]
supplied and purchased under this Agreement ("Goods") shall be
in compliance with the most current ANSl/AWWA standard for
each chemical listed.
2.2 Request for Delivery. On an as needed basis, City shall submit to
Supplier a confirmed request for delivery of specific Goods,
consistent with contact information provided in Paragraph 15.
3 . Price . Price for Goods supplied under this Agreement shall be in
accordance with Supplier's quotation, attached hereto and incorporated by
reference herein as Exhibit "A." The unit price ($/weight of chemical) shall
be fixed as set forth in Exhibit "A.". Except where otherwise noted on
Exhibit "A," the unit price shall be based on the price per weight of actual
Page 1 of 12 Attachment 2
Agreement
Attachment 1
Page 9 of 20
active chemical. The unit price shall be all inclusive of Supplier's profit,
overhead and costs of producing and delivering the chemical. Separate
charges for permit fees, regulatory compliance, taxes, fuel, cleanup will not
be accepted. These and all other costs shall be included in the unit price.
4. [RESERVED]
5. Delivery. Supplier shall deliver Goods within three business days of a
confirmed request for each delivery. Hours of delivery shall be Monday
through Friday, 6:00am to 12 :00pm.
5.1 Business Hours. Within one month of the execution of this
Agreement, Supplier shall submit to the City dates Supplier will not
be able to deliver Goods due to planned maintenance, holidays or
other events that might affect chemical production or delivery.
5.2 Chemical Delivery . Supplier's delivery personnel shall have the
applicable adapter/connectors and hoses to complete the chemical
delivery .
5.3 Minimum Standards . Goods delivered shall meet or exceed all of
the current ANSl/AWWA minimum standards .
5.4 NSF Certification. The City requires all supplied Goods to carry
NSF 60 certification. "NSF" shall be stamped directly on the delivery
paperwork .
5.5 Certificate of Analysis . A certificate of analysis (hereinafter referred
to as "C of A") is required with each load before the Goods can be
unloaded.
5.6 Samples. Delivery vehicles shall be equipped to safely provide
samples of Goods, before off-loading.
5. 7 We igh t -Master's Ce rti ficate . A weight-master's certificate shall be
included at the time of delivery. The certificates shall show the
weight of the material delivered. If a split transport load is handled,
Supplier shall furnish a second weight-master's certificate within
one (1) hour of the original shipment.
5.8 MSDS/SDS. Under this Agreement, a man ufac t urer's Material
Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) shall be
included with the first delivery of the Goods or after any change in
composition of the product, a change in manufacturing process , a .
change in supplier , or a change in labeling/packaging of the
product.
Page 2 of 12 Attachment 2
Agreement
Attachment 1
Page 10 of 20
5.9 Prior to delivery and after the truck has been loaded, all tanker
fill/drain accesses shall be sealed with security tags, the serial
numbers recorded and emailed to the GWRP Chief Plant Operator.
Tags removed by an authorized agency (e.g., D.O.T., CHP) shall be
replaced with a tag from that agency. Broken tags shall be kept
with the delivery truck to be shown to the GWRP personnel prior to
discarding.
5.10 Location. Deliveries shall be made to:
City of San Juan Capistrano
Groundwater Recovery Plant
Attn: Tim O'Neal
32470 Paseo Adelanto
San Juan Capistrano, CA 92675
6 . Inspection. Delivery does not constitute acceptance. The City reserves
the right to inspect any Goods for conformance with the specifications
contained herein. Goods discovered to be in noncompliance shall be
returned and immediately replaced with conforming Goods at Supplier's
sole expense. The City shall be reimbursed for any additional cost
incurred as a result of Supplier's lack of conformance .
A representative of the City may examine Supplier's inventory and
production facilities at any time during the life of this Agreement.
7. Goods Specification and Quantity Estimate . The City estimates the
quantity of Goods to be required for the City's operation of the GWRP as
indicated on Exhibit "A", attached hereto and incorporated by reference
herein. Weights are based on actual active chemical weight. Quantities of
Goods listed may be increased or decreased to meet the requirements of
the City during the duration of this Agreement. The City does not
guarantee a minimum quantity, and the City reserves the right to purchase
more or less product units on an as-needed basis.
8 . Persona l Protective Equipment (PP E). Supplier shall wear appropriate
PPE when taking samples and off-loading product.
9. Eme rgency Spill Plan. In the event of accidents or spills on City property,
Supplier shall follow the procedures of its Emergency Spill Plan, attached
hereto and incorporated by reference herein as Exhibit "B." The
Emergency Spill Plan shall include, at a minimum, the annual training the
delivery driver receives to deal with material spills, emergency equipment
the delivery truck has on board, the type and frequency of equipment
inspections, emergency contact telephone numbers and names of
personnel the City can contact in case of problems.
Page 3of12 Attachment 2
Agreement
Attachment 1
Page 11 of 20
10 . Security. Due to heightened security measures, Supplier shall be required
to fax a photocopy of the driver's photo identification, security tag serial
numbers and trailer identification no later than two hours before delivery.
Contact
Tim O'Neal, Chief Plant Operator
Fax
949-234-4415
11 . Safety and Compliance with the Law. Supplier and Goods provided shall
comply with all applicable laws and regulations of the federal, state and
local government including Cal/OSHA requirements, requirements for
verification of employees' legal right to work in the United States, air
pollution control laws and regulations as applicable to the Supplier, and all
relevant U.S. Department of Transportation or Department of Homeland
Security regulations pertaining to transportation of hazardous waste,
substances and/or materials, as those regulations may be amended from
time to time and/or incorporated into state or local laws, regulations and
ordinances. If requested, Supplier shall supply to the City information
regarding the Supplier's safety ratings, safety audits and implementation of
security plans or measures for complying with said regulations.
Supplier is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or
operations provided under this Agreement.
12. Termination. The City reserves the right to terminate this Agreement in its
entirety at no cost, except for Goods delivered and accepted. The City
shall notify Supplier no less than 30 days prior to the date of termination of
the Agreement. Reasons for termination of the Agreement include, but are
not limited to, the following:
• The Goods are not compatible to the GWRP equipment or are not
providing acceptable process performance;
• Poor Goods quality;
• Poor or unsafe delivery container quality; and/or
• Failure of Supplier to meet any of the Agreement terms and
conditions.
13. Insurance. The Supplier shall maintain the following insurance during the
performance of all services/work under this Agreement. Should any of the
required coverage lapse or be cancelled during the term of this
Agreement, the Supplier shall be obligated to notify the City immediately in
writing. All insurance certificates and endorsements required hereunder
shall be attached hereto as Exhibit "C."
A. Commercial General Liability Insurance, of at least $2,000,000 per
occurrence/ $2,000,000 aggregate (if used) for bodily injury, personal
injury and property damage, at least as broad as Insurance Services
Office Commercial General Liability coverage (Occurrence Form CG 00
Page 4 of 12 Attachment 2
Agreement
Attachment 1
Page 12 of 20
01 ). Policies shall not contain any exclusion contrary to this Agreement
including but not limited to endorsements or provisions limiting coverage
for (1) contractual liability (including but not limited to ISO CG 24 26 or CG
21 39); (2) cross-liability for claims or suits by one insured against another;
or (3) severability of interest. The general liability coverage shall give City
of San Juan Capistrano, the City Council, members of the City Council
and City officers, employees, and agents additional insured status using
ISO endorsement CG 20 10, CG 20 37, or endorsements providing the
exact same coverage. The general liability insurance shall be primary
(using ISO CG 20 01, or endorsements providing the exact same
coverage) and any insurance, self-insurance or other coverage maintained
by the City shall not contribute to it.
B. Automobile Liability Insurance including coverage for owned, non-and
hired vehicles (Coverage Symbol 1, any auto) of at least $2,000,000 per
occurrence for bodily injury and property damage, at least as broad as
Insurance Services Office Form Number CA 00 01. The automobile
liability policy is to contain, or be endorsed to contain the following
provisions: Pollution Liability -Broadened Coverage for Autos using ISO
Form CA 9948, or an endorsement containing the exact same coverage
and endorsement for Motor Carrier Policies of Insurance for Public Liability
Under Sections 29 and 30 of the Motor Carrier Act of 1980 -Form MCS
90. In the event that the automobile liability policy contains an exclusion
for Wrong Delivery of Liquid Products, ISO Form CA 23 05, or similar
exclusion endorsement, the general liability policy shall be endorsed to
provide this coverage.
C. Environmental Impairment Liability of at least $2,000,000 per claim
and $2,000,000 annual aggregate. If coverage is written on a claims
made basis, the retroactive date is to be no later than the effective date of
this Agreement. This coverage must be maintained for at least 24 months
following the expiration date of this Agreement.
D. Workers' Compensation (statutory limits) and Employer's Liability
Coverage of at least $1,000,000 per occurrence. By its signature
hereunder, the Supplier hereby certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires
every employer to be insured against liability for workers' compensation or
to undertake self-insurance in accordance with the provisions of that code,
and he/she will comply with such provisions before commencing services
or operations under this Agreement.
E. Insurance carriers shall have not less than an "A-" Financial Strength
Rating and Financial Size Category of not less than "Class VII" according
to the latest Best Key Rating Guide unless otherwise approved by the
City. Certificates of insurance and policy endorsements shall be filed with
the City prior to Work commencing. If any of the required coverages
expire during the term of this Agreement, the Supplier shall deliver the
Page 5 of 12 Attachment 2
Agreement
Attachment 1
Page 13 of 20
renewal certificate(s), including the general liability additional insured
endorsement, to the City prior to the expiration date.
F. Notwithstanding the minimum limits set forth in this section, any
available insurance proceeds in excess of the specified minimum limits of
coverage shall be available to the parties required to be named as
additional insureds. Defense costs shall be paid in addition to the limits.
G. Any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the
City, the City Council, members of the City Council and City officers,
employees, and agents.
H. Supplier shall ensure that third party shippers contracted by Supplier to
deliver the Goods have adequate insurance coverage.
14 . Hold Harmless and Indemnification. To the fullest extent permitted by law,
the Supplier shall indemnify, defend, and hold harmless the City, the City
Council, members of the City Council and City officers, employees, and
agents, against any and all claims, liabilities, expenses or damages,
including reasonable attorneys' fees, for injury or death of any person, or
damage to property, or interference with use of property, or any claim of
the Supplier or independent suppliers hired by Supplier under this
Agreement for wages or benefits which arise in connection with the
performance of the Agreement and the sale or delivery of the Goods,
except to the extent caused or resulting from the sole negligence or willful
misconduct of the City. The foregoing indemnity includes, but is not
limited to, the cost of prosecuting or defending such action with legal
counsel acceptable to the City and reimbursement of the City's attorneys'
fees incurred in such an action. Supplier's obligation to indemnify shall
survive the expiration or termination of the Agreement and shall not be
restricted to insurance proceeds, if any, received by the City, the City
Council, members of the City Council or City officers, employees, and
agents.
15 . Notice. Any notice required under this Agreement shall be provided as
follows:
City of San Juan Capistrano
Utilities Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Eric Bauman
[INSERT NAME OF
SUPPLIER]
[INSERT ADDRESS]
Attn: [INSERT NAME AND
TITLE]
16. Independent Transactions. Each shipment shall constitute a separate and
independent transaction and Supplier may recover for each such shipment
without reference to any other. Supplier may decline to make further
Page 6 of 12 Attachment 2
Agreement
Attachment 1
Page 14 of 20
deliveries under this Agreement before payment of any amounts past due
or satisfactory security for such payment is received.
17 . Su pp lier's Weig hts Govern . In case of a dispute concerning the weight of
Product delivered in bulk carload or tank car shipments , Supplier's weight,
certified to by a sworn Weigh-master, shall govern absent manifest error .
18 . Warranty. Determination of the suitability of the Product supplied hereunder
for the uses and applications contemplated by the City and others shall be
the sole responsibility of the City . Supplier warrants that the Product
delivered hereunder meets the AWWA specification for [INSERT
CHEMICAL NAMES]. SUPPLIER MAKES NO OTHER EXPRESS
WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, THE CITY ASSUMES ALL RISK AND LIABILITY FOR ALL
LOSS , DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING
WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND
RESTORATION LIABILITY, RESULTING FROM (I) THE USE OF SAID
PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION
WITH OTHER SUBSTANCES, OR OTHERWISE (II) THE HANDLING AND
DISPOSAL OF THE PRODUCT.
19 . Taxes. Any applicable taxes are already included in the pricing set forth in
Exhibit "A."
20 . Force Majeure. Neither party shall be liable for its failure to perform
hereunder if said performance is made impracticable due to any
circumstances beyond the reasonable control of the party affected,
including but not limited to, acts of God, acts of terrorism , fires, floods,
wars , sabotage, accidents , labor disputes or shortages , plant shutdown,
equipment failure, voluntary or involuntary compliance with any law, order,
rule or regulation of government agency or authority, or inability to obtain
material (including power and fuel), equipment or transportation. The
affected party may omit purchases or deliveries during the period of
continuance of such circumstances and the Agreement quantity shall be
reduced by the quantities so omitted . During any period when Supplier
shall be unable to supply the total demands for any Good provided for in
this Agreement, whether caused by the circumstances specified above or
otherwise , Supplier may allocate any available Good among all buyers
including its own divisions and departments, on such basis as it may deem
fair and practical.
21 . Waiver. Each party's waiver of any breach, or failure to enforce any of the
terms and conditions of this Agreement , at any time, shall not in any way
affect, limit or waive its right thereafter to enforce and compel strict
compliance with every term and condition hereof. The acceptance by the
Supplier of any payment after the specified due date shall not constitute a
waiver of the City's obligation to make further payments on the specified
dates .
Page 7 of 12 Attachment 2
Agreement
Attachment 1
Page 15 of 20
22 . In teg ration . This Agreement represents the entire understanding of the
City and Supplier as to those matters contained herein, and supersedes
and cancels any prior oral or written understanding, promises or
representations with respect to those matters covered hereunder. This
Agreement may not be modified or altered except in writing signed by both
parties hereto . This is an integrated Agreement.
23 . Laws . Ven ue and Attorneys ' Fees . This Agreement shall be ·interpreted in
accordante with the laws of the State of California. If any action is brought
to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State
of California. In the event of any such litigation between the parties, the
prevailing party shall be entitled to recover all reasonable costs incurred,
including reasonable attorney's fees, as determined by the court .
24. Th ird Pa rt y Righ ts. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and Supplier.
25. Seve rabi li ty . The unenforceability, invalidity or illegality of any provision(s)
of this Agreement shall not render the other provisions unenforceable,
invalid or illegal.
26 . Co unterparts . This Agreement may be executed by the Parties in
counterparts, which counterparts shall be construed together and have the
same effect as if all the Parties had executed the same instrument.
Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were
original signatures .
[Signatures on Next Page]
Page B of 12 Attachment 2
Agreement
Attachment 1
Page 16 of 20
SIGNATURE PAGE
AGREEMENT FOR
PURCHASE OF CHEMICALS
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
[INSERT NAME OF SUPPLIER]
IN WITNESS WHEREOF, this Agreement is executed by the City and by
Supplier on the day and year first written above .
CITY OF SAN JUAN CAPISTRANO [INSERT NAME OF SUPPLIER]
By: Benjamin Siegel By: [Insert signatory name]
Title : City Manager Title : [Insert signatory title]
Signature : -----------Signature :
Attest:
By: Maria Morris
Title: _C_i_....ty_C_l_er_k ______ _
Signature: -----------
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
By :
Signature: -----------
Page 9 of 12 Attachment 2
Agreement
Attachment 1
Page 17 of 20
Exhibit "A"
Product Specification and Quantity Estimate
and
Supplier's Quotation
Page 10of12 Attachment 2
Agreement
Attachment 1
Page 18 of 20
Exhibit "B"
Emergency Spill Plan
Page 11 of 12 Attachment 2
Agreement
Attachment 1
Page 19 of 20
Exhibit "C"
Insurance Certificates
Page 12of12 Attachment 2
Agreement
Attachment 1
Page 20of20
I CHEMICALS I
36% Liquid·
Sodium Sodium Orthophosphate Ammonium Sodium
Hypochlorite Permanganate Sodium Bisulfite 50% Hydroxide Hydroxide
12.5% 20% 25% Polyphosphate 50% 19% 50%
I I Annual Amount
Gallons 35,000 8,000 14,000 3,000 1,000 25,000
Unit Cost Per
Current Cost Gallon $1.030 $9.450 $1.360 $9.350 $4.835 $2.464
Total $36 ,050.00 $75,600.00 $19 ,040.00 $28 ,050.00 $4,835.00 $61,600.00
unit cost 1-'er
Brenntag Gallon $1.25 $9.82 $1.36 $10.20 $4.83 $2.45
Total $43,750.00 $78,560.00 $19,040.00 $30,600.00 $4,830.00 $61,250.00
unit cost Per
Chemrite, Inc. Gallon No Bid 10.81 No Bid 10.19 No Bid No Bid
Total NIA $86,480.00 NIA $30,570.00 NIA NIA
Unit Cost 1-'er
Hill Brothers Gallon No Bid No Bid No Bid No Bid $4.99 No Bid
Total NIA NIA NIA NIA $4,990.00 NIA
Unit Cost Per
JCI Jones Chemicals Gallon $1.080 No Bid $1.36 No Bid No Bid $2.42
Total $37,800.00 NIA $19,040.00 NIA NIA $60 ,500.00
Unit Cost Per
Olin Corporation Gallon $1.089 No Bid No Bid No Bid No Bid No Bid
Total $38,115.00 NIA NIA NIA NIA N/A
~ Shannon Chemical
Unit Cost 1-'er
Gallon No Bid No Bid No Bid 14.14 No Bid No Bid
::i Total NIA NIA NIA $42,420.00 NIA N/A
3 Unit cost Per co
;:::? Sterling Water Tech Gallon No Bid No Bid No Bid $8.5805 No Bid No Bid
~ Total NIA NIA NIA $25,741.50 NIA NIA
cc ~ Unit Cost Per
c Airgas Specialty Gallon No Bid No Bid No Bid No Bid No Bid No Bid co Total NIA NIA NIA N/A N/A NIA
Q Unit Cost Per
_, Univar Gallon No Bid No Bid No Bid No Bid No Bid No Bid
Total NIA NIA NIA NIA NIA NIA