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17-0620_OLIN CORPORATON_E17_Agenda ReportTO: FROM: City of San Juan Capistrano Agenda Report . Honorable Mayor and Members of the City Council ~n Siegel, City Manager SUBMITTED BY: Steve May, Public Works & Utilities Director ,LMA.._ PREPARED BY: Noreen Swiontek, Senior Management Analyst DATE: June 20, 2017 6/20/2017 E17 SUBJECT: Consideration of Award of Purchase Agreements for Supply and Delivery of Chemicals for Water Treatment RECOMMENDATION : By motion, approve and authorize the City Manager to execute two-year purchase agreements with the following four firms for the purchase and delivery of chemicals for the City's water system treatment process: Chemrite Inc.; Brenntag Pacific Inc.; King Lee Technologies; and Olin Corporation. DISCUSSION/ANALYSIS: The Utilities Department uses chemicals in various locations throughout the water system and predominately at the Groundwater Recovery Plant (GWRP). The current agreements for chemical supplies will expire at the end of this fiscal year. A Request for Proposals (RFP) (Attachment 1) for supply and delivery of the needed chemicals was posted on the City 's website and distributed to sixteen companies. Proposals were received from eight companies. Staff reviewed the proposals and tabulated the proposed pricing in Attachment 2. Based on a review of all the information, staff recommends awarding Purchase Agreements to the companies with the lowest price for each chemical. Following is a list of the companies and the chemical or chemicals for which they presented the lowest pricing proposals: • Chemrite Inc. for Corrosion Inhibitor and Sodium Permanganate 20% • Brenntag Pacific Inc . for Aqueous Ammonia 19%, Citric Acid 50%, Sodium Hydroxide 50%, and Sodium Metabisulfite 25% • King Lee Technologies for Pretreat Plus Y2K and Pretreat Plus 0400 • Olin Corporation for Sodium Hypochlorite 12.5% City Council Agenda Report June 20, 2017 Page 2 of 3 The proposals are for non-exclusive, two year terms, with fixed pricing for this term. Proposers were only required to propose on chemical items that they have the qualifications and resources to supply. Staff recommends award of Purchase Agreements to the four qualified suppliers noted above to provide the nine specified chemicals. FISCAL IMPACT : The proposed Purchase Agreements would be limited to the approved budget for Water Operations and GWRP Operations. This competitive bidding process yielded pricing that is, on the average, 2.2% less than current contract pricing. It is estimated that there will be an annual savings of $6,760 for each the two years of these chemical purchase agreements. In Fiscal Year 2017-2018, the Utilities Department has budgeted $300,620 for chemical supplies. ENVIRONMENTAL IMPACT : This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) of CEQA Guidelines because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and the activity has no potential for resulting in physical change to the environment, directly or indirectly. PRIOR CITY COUNCIL REVIEW: No prior City Council review. COMMISSION REVIEW AND RECOMMENDATIONS : On June 20, 2017, the Utilities Commission will review this item at its regular 8:00a.m. meeting. Should the Utilities Commission have comments other than recommending award of the Purchase Agreements as recommended in this report, staff will present that information to the City Council at its June 20, 2017, meeting. NOTIFICATIONS : Utilities Commission King Lee Technologies. Brenntag Pacific Inc. Chemrite Inc. Olin Corporation Waterline Technologies JCI Jones Chemicals Shannon Chemical PVS Minbulk Inc. Univar USA Inc. City Council Agenda Report June 20, 2017 Page 3 of 3 ATIACHMENTS : Attachment 1 -Chemical Supply & Delivery Request for Proposals Attachment 2 -RFP Proposals Summary 32400 PASEO ADEL ANTO SAN JUAN CAPISTRANO, C A 92675 (949) 493-1171 (949) 493·1 053 FAX 1\'\1'\I ' . .I'OIIj iiWU '(IfliSirc//lfi OIX May 18,2017 MEMI!ERS OF T11E CITY COUNCIL SERGIO FARIAS KERRY K . FERGUSON BRIAN l. MARYOTT PAM PATTERSON , ESQ . DEREK REEVE Re: Request for Proposal (RFP) for Chemical Delivery and Supply Addendum# 1 Interested Suppliers and Proposers; Based upon questions received after receipt of the RFP, the City of San Juan Capistrano has prepared this addendum to formally address these questions. Below are the questions received thus far, and the City's response. In addition, the City has revised the RFP documents and has enclosed them with this letter. 1. Question: What is the typical volume for delivery orders placed for the specified chemicals? Answer: Please reference page 1 of the RFP in which the specified chemical tank sizes are outlined. As stated, the City has an internal policy to place orders when the chemical tanks are fifty (50) percent full. The annual estimated quantities are outlined in the RFP under Chemical Specifications and on the Proposal Documents. 2. Question: Who is the City's current provider for the specified chemicals and what are the prices per gallon the City is currently paying? Answer: Attached is a copy of the current Supplier Agreements and pricing. 3. Question: Will there be a public opening of the proposals? Answer: This is a RFP, not a formal construction bid therefore, a public opening of the proposals will not occur. Page 1 of 2 ATTACHMENT 1 Page 1 of 23 City of San Juan Capistrano RFP Addendum -Water Treatment Chemical Supply and Delivery 4. Question: Will there be an opportunity to . review the Groundwater Recovery Plant (GWRP) chemical bays, fill stations, and delivery area? Answer: Interested Suppliers may visit the GWRP at 324 70 Paseo Adelanto, San Juan Capistrano, CA 92675, on Monday, May 22, 2017, at 10:00am. 5. Question: Is it possible to obtain the previous year's bid tabulation? Answer: The previous bid was conducted in 2012. Bids results are attached. 6. Question: The antiscalant listed on RFP is a proprietary product. Will you accept comparable products? Answer: A correction to the Chemical Specification items (i) and U) is included in the revised attached RFP Documents. The antiscalants are proprietary products of King Lee Technologies. The King Lee products are specific to the City's membrane maintenance procedures and have undergone extensive testing to standardize the treatment procedures. The City will not consider alternate products. Should you have any further questions please submit them by email to nswiontek@sanjuancapistrno.org . Thank you for your interest in the City of San Juan Capistrano. Regards, Noreen Swiontek Senior Management Analyst Attachments: 1 . Revised RFP Documents 2. Current Supplier Agreements 3. Summary of previous Chemical bid results . ATTACHMENT 1 Page 2 of 23 CITY OF SAN JUAN CAPISTRANO REQUEST FOR PROPOSALS FOR WATER TREATMENT CHEMICAL SUPPLY AND DELIVERY REQUEST FOR PROPOSAL (RFP) POSTING DATE: May 8, 2017 PROPOSAL SUBMISSION DEADLINE: May 30,2017, 4:30pm GENERAL INFORMATION The City operates a 6.2 million gallons per day (MGD), approximately 3,500 acre feet per year, Groundwater Recovery Plant (GWRP) and treating brackish groundwater, by removing iron, manganese, and lowering dissolved solids (TDS) using reverse osmosis to make it suitable for potable water uses. The City of San Juan Capistrano is seeking proposals for Water Treatment Chemical Supply and Delivery service for use at its Groundwater Recovery Plant. Products must meet or exceed the current American National Standards lnstitute/AWWA minimum standards for Drinking Water Treatment Chemicals. The City requires all supplied goods to carry NSF 60 certification. "NSF" shall be stamped directly on the delivery paperwork. The City has an internal policy to place orders when the chemical tanks are fifty (50) percent full. The specified chemical tank sizes are as follows: • Antiscalant: 858 gallons • Caustic soda: 2528 gallons • Ammonia: 1000 gals • Sodium Permanganate: 1400 gals • Sodium Bisulfite: 2500 gals • Sodium Hypochlorite: 4500 gals • Corrosion Inhibitor (Aquapure 3655): 1400 gals. Proposals are due by 4:30pm, May 30, 2017, after which the City will evaluate the proposals and finalize a selection in June 2017. Implementation of services is anticipated July 1, 2017. It is the intent of the City to issue a non-exclusive agreement for a two (2) year term with pricing locked in for this term, with the option if agreed upon by both parties for three (3) additional one-year periods Page 1 of 6 ATTACHMENT 1 Page 3 of 23 City of San Juan Capistrano RFP -Water Treatment Chemical Supply and Delivery INSTRUCTIONS TO PROPOSERS RECEIPT AND OPENING OF PROPSALS The City of San Juan Capistrano requests proposals from qualified suppliers for water treatment chemical supply and delivery to the City of San Juan Capistrano's Groundwater Recovery Plant. Proposals will be received in the Utilities Department by the time specified above. Envelopes containing the proposals (one original and three signed copies), must be marked "Water Treatment Chemical Supply & Delivery" and must show the Proposer's name and address. Envelopes must be sealed and addressed to: 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. 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 OF REQUIREMENTS 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 Page 2 of 6 ATTACHMENT 1 Page 4 of 23 City of San Juan Capistrano RFP -Water Treatment Chemical Supply and Delivery 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's business license. 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". The unit price ($/weight of chemical) shall be fixed for years one and two. The unit price ($/weight of chemical) may be adjusted during the remaining term of the Agreement, if such adjustment is noted in the original price quotation/proposal, along with backup documentation, and agreed upon by the City. Except where otherwise noted on the proposal, the unit price shall be based on the price per weight or volume of actual active chemical. 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 RFP and Purchasing Agreement. 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. Addenda will be sent via email. 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@sanjuancapistrano.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 emailed 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 the proposal due date. Failure of any Proposer to Page 3 of 6 ATTACHMENT 1 Page 5 of 23 City of San Juan Capistrano RFP -Water Treatment Chemical Supply and Delivery 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. SPECIAL PROVISIONS FOR CHEMICAL SUPPLY & DELIVERY Please refer to the Purchase Agreement for details related to delivery, supply, safety compliance, etc. Page 4 of 6 ATTACHMENT 1 Page 6 of 23 City of San Juan Capistrano RFP -Water Treatment Chemical Supply and Delivery CHEMICAL SPECIFICATIONS : a. Aauaoure 3655 25mg/l max: Estimate quantity is 5,000 gallons. All aquapure 3655 chemical shall be suitable for water treatment and meet NSF 60 requirements. Delivery by bulk tank. b. Aqua Ammonia (Liquid Ammonium Hydroxide) 19%: Estimated ·annual quantity is 4,000 gallons. Aqua ammonia shall comply with ANSI/AWWA Standard B306-07 or most current standard. Delivery by bulk tank. c. Citric Acid 50%: Estimated annual quantity is 1,800 gallons. The citric acid shall be commercial grade, and shall comply with ANSI/AWWA Standard B301-99 or most current standard. Delivery by 50 gallon drums. d. Hydrogen Peroxide 50%: Estimated annual quantity is 2,000 gallons. Solution shall be suitable for water treatment. Product shall be NSF approved for drinking water applications and meet NSF/ANSI Standard 60 Drinking Water Additives- Health Effects. Delivery by 50 gallon drums. e. Sodium Hydroxide {Caustic Soda) 50%: Estimated annual quantity is 45,000 gallons. Solution shall be suitable for water treatment. Sodium hydroxide shall comply with ANSI/AWWA Standard B501-08 or most current standard. Delivery by bulk tank. f. Sodium Hvoochlorite (Bleach) 12.5%: Estimated annual quantity is 90,000 gallons. Solution should be approximately 12.5% by weight (NaOCI), and shall comply with ANSI/AWWA Standard B300-10, or its latest revision or addenda. g. Sodium Metabisu lf ite (Bisulfite) 25%: Estimated annual quantity is 50,000 gallons. Solution shall be suitable for water treatment. Sodium Metabisulfite (Bisulfite) shall comply with ANSI/AWWA Standard B601-11 or most current standard. Delivery by bulk tank. h. Sodium Permanganante 20%: Estimated annual quantity is 15,000 gallons. Solution shall be suitable for water treatment. Sodium Permanganante shall comply with ANSI/AWWA Standard B603-03 or most current standard. Delivery by bulk tank. i. Antiscalant ....: King Lee Pretreat Plus Y2K Liquid: Estimated annual quantity is 7,000 gallons or 64,000 pounds. The antiscalants are proprietary products of King Lee Technologies. The King Lee products are specific to the City's membrane maintenance procedures and have undergone extensive testing to standardize the treatment procedures. The City will not consider alternate products. Page 5 of 6 ATTACHMENT 1 Page 7 of 23 City of San Juan Capistrano RFP -Water Treatment Chemical Supply and Delivery j. Antiscalant -King Lee Pretreat Plus 0400: Estimated annual quantity is three 55 gallon drums. The antiscalants are proprietary products of King Lee Technologies. The King Lee products are specific to the City's membrane maintenance procedures and have undergone extensive testing to standardize the treatment procedures. The City will not consider alternate products. 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 6 of 6 ATTACHMENT 1 Page 8 of 23 PROPOSAL DOCUMENTS FOR CHEMICAL SUPPLY & DELIVERY Sealed proposals shall be enclosed in an envelope clearly marked with Suppliers name, address, arid "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 Tuesday, May 30, 2017. 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. I certify and declare under penalty of perjury that the foregoing is true and correct and I am an authorized agent to submit this bid. Supplier's Signature: _______________ Date: ______ _ Print Name & Title:------------------------- Business Name:-------------------------- Business Address:------------------------- Telephone No : ___________ Fax No . ____________ _ Federal Taxpayer Identification Number:----------------- California Contractor's License No: _________ Expiration Date: ___ _ Classification:--------------------------- Page 1 of 3 Proposal Documents Attachment 1 ATTACHMENT 1 Page 9 of 23 CHEMICAL DESCRIPTION & PRICES: Approximate Annual Unit Price Unit Price Unit Price Unit Price Quantity Per Gallon Per Gallon Per Gallon Per Gallon Chemical (gallons) Year 1 & 2 Year3 Year4 YearS Corrosion Inhibitor* 5,000 Aqua Ammonia (Liquid Ammonium Hydroxide) 19% 4,000 Citric Acid 50% 1,800 Hydrogen Peroxide 50% 2,000 Sodium Hydroxide (Caustic Soda) 50% 45,000 Sodium Hypochlorite (Bleach) 12.5%: 90,000 Sodium Metabisulfite (Bisulfite) 25% 50,000 Sodium Permanganante 20% 15 ,000 7,000 gallons Antiscalant -King Lee or 64,000 Pretreat Plus Y2K liquid pounds Antiscalant -King Lee Pretreat Plus 0400 165 Supplier's Signature : ______________ Date : _____ _ Print Name & Title: ----------------------- Page 2 of 3 Proposal Documents Attachment 1 ATTACHMENT 1 Page 10 of 23 REFERENCES: List at least four (4) Contracts of a similar type, either currently held or held within the past 36 months. From to City/Company Contact Person Contract Amount Supplier's Signature:---------------Date : _____ _ Print Name & Title : ------------------------- Page 3 of 3 Proposal Documents Attachment 1 ATTACHMENT 1 Page 11 of 23 AGREEMENT FOR PURCHASE OF CHEMICALS .. 1 • ' • .. ~'. ·: ', I ;' : ', ' . I j THIS AGREEMENT FOR PURCHASE OF CHEMICALS (hereinafter referred ·· to as "Agreement") is made and entered into this . . ·day of June, 2017, ·by and i .,, ;, between CITY OF SAN JUAN CAP ISTRANO , (here inafte r referred to as "City"), and [INSERT VENDOR NAME] (herei.nafter referred to as "Supp!ier"). 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 lic~nsed 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. Agreement Duration. This Agreement shall commence on July 01, 2017, and shall be in effect up to and including June 30, 2019, with an option, if agreed upon by both parties, for three additional one-year terms. 2. Method of Ordering. 2.1 Supply a nd Purchase of Goods. [INSERT CHEMICAL NAMES] supplied and . purchased under this Agreement ("Goods") shall be in compliance with the most current ANSI/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." Notwithstanding the preceding, the unit price ($/weight of chemical) may be adjusted during the term of this Page 1 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 12 of 23 Agreement, if such adjustment was contemplated in the original price quotation/bid supplied to the City, along with backup documentation, and the City, in its sole discretion, accepted the fixed price and the price adjustment. Except where otherwise noted on Exhibit "A," the unit price shall be based on the price per weight of actual 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. Extension of Term/Renewal. After the completion of the initial term of the Agreement, at the City's option, the Agreement may be extended at the original, fixed unit price and any accepted price adjustments. At least thirty (30) days prior to the expiration of the term of the Agreement and any extensions thereto, Supplier may submit a request for a unit price adjustment to the City, which must be submitted along with back-up documentation supporting the unit price adjustment. Should the City, in its sole discretion, accept an adjustment in the price upon extension/renewal of the Agreement, such adjustment shall be made in writing and attached as a revised Exhibit "A." Nothing set forth herein shall obligate the City to extend/renew this Agreement and adjust the unit price upon such renewal/extension. 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 ANSI/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. Page 2 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 13 of 23 5.7 Weight-Master's Certificate. 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 manufacturer'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. 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: Glenn Garrett 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. Page 3 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 14 of 23 8 . Personal Protective Equipment (PPE}. Supplier shall wear appropriate PPE when taking samples and off-loading product. 9. Emergency 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. 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 Fax [INSERT NAME AND TITLE] [INSERT NUMBER] 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 Gal/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. Page 4 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 15 of 23 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 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 Page 5 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 16 of 23 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 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: Page 6 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 17 of 23 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 deliveries under this Agreement before payment of any amounts past due or satisfactory security for such payment is received. 17 . Supplier 's Weights 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. Page 7 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 18 of 23 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. 22 . Integration. 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, Venue and Attorneys' Fees. This Agreement shall be interpreted in accordance 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 . Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and Supplier. 25 . Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 26. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [Signatures on Next Page] Page 8 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 19 of 23 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~I-=-er;.;,;k;....._ _____ _ Signature: __________ _ APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: Signature : __________ _ Page 9 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 20 of 23 Exhibit "A" Product Specification and Quantity Estimate and Supplier's Quotation Page 10 of 12 Che mica l Agreement Attachment 2 ATTACHMENT 1 Page 21 of 23 Exhibit "8" Emergency Spill Plan Page 11 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 22 of 23 Exhibit "C" Insurance Certificates Page 12 of 12 Chemical Agreement Attachment 2 ATTACHMENT 1 Page 23 of 23 "1J Q) co CD ~ 0 -~ )> -I ~ () I s:: m z -I 1\.) Vendors Chemical Corrison Inhibitor Aqueous Ammonia 19% Citric Acid 50% Sodium Hydroxide 50% Sodium Hypochlorite 12.5% Sodium Metabisulfite 25% Sodium Permanganante 20% King Lee Pretreat Plus Y2K King Lee Pretreat Plus 0400 Annual Qty (Gal) 5,000 4,000 1,800 45000 90,000 50 ,000 15,000 7.000 166 Summary of Proposals for Chemical Deliveries FY 2017-18 & 2018-19 (Lowest Prices Highlighted) King Lee T&eh Brennta,g Chemrlte, Inc. Waterline Tech UCI Uones Chemi cal Shannon Chemical Olin CofJ) PVS Minibulk Inc. Un~ Cost Un~ Cost Un~ Cost Unit Cost Un~ Cost Unit Cost Unit Cost Unit Cost Per Gallon Total Per Gallon Total Per Gallon Total Per Gallon Total Per Gallon Total Per Gallon Total Per Gallon Total Per Gallon Total No Bid N/A $10.200 $51 .000 $9.35 $46 .750 No Bid No Bid $11.49 $57.450 No Bid No Bid No Bid N/A $4.84 $19.340 No Bid $4.96 $19.840 No Bid No Bid No Bid No Bid No Bid N/A $7.84 $14.118 No Bid No Bid No Bid $12.37 $22.266 No Bid No Bid No Bid N/A $2.46 $110.885 No Bid No Bid $2.53 $113.850 No Bid No Bid $2.64 $118 ,800 No Bid N/A $1.190 $107 .100 No Bid $1.06 $95.400 $1.06 $95.400 NoBld $1 .03 $92 ,520 $1.33 $119 ,700 No Bid N/A $1.36 $68.000 No Bid No Bid $1 .38 $69,000 No Bid No Bid No Bid No Bid NfA $10.900 $163,500 $9.45 $141 ,750 No Bid No Bid $14.44 $216.600 No Bid No Bid $10 .59 $74 ,130 No Bid No Bid $19.93 $139.510 No Bid No Bid No Bid No Bid $73 .78 $12.174 No Bid -___l!o~~-$98 .00 $1_6 ,170 No Bid No Bid No Bid No Bid