HomeMy WebLinkAboutDubois Chemicals Sodium Hypochlorite FY2025 Project 11443 (::�
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DIAN:---
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Darren Brasseur, Procurement Division Meeting Date: September 10, 2024
Presenter: Consent Estimated Time: 5-10 Min.
Topic: Approval of Agreement for Supplies and succeeding PO to Dubois Chemicals, Inc. for
Sodium Hypochlorite (12.5%) FY2025 for the Not-To-Exceed Price Per Gallon of
$4.52
Recommended Council Action:
Approval of Agreement for Supplies and succeeding PO to Dubois Chemicals, Inc. for Sodium
Hypochlorite (12.5%) FY2025 for the Not-To-Exceed Price Per Gallon of$4.52.
Background:
• This Agreement for Supplies is the result of Formal Bid# WTR-2428-11443 as one (1) bid
was received.
CONTRACT CHECKLIST
I. PROJECT INFORMATION
Date: 8/27/2024 REQUESTING DEPARTMENT Water Wastewater
Project Name: Sodium Hypochlorite(12.5%)FY2025
Project Manager: Dennis Teller Contract Amount: Price Per Gallon $4.52/$677,999.99
Contractor/Consultant/Design Engineer: Dubois Chemicals
Is this a change order? yes ❑ No 0 Change Order No.
II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type
Fund: 62 Budget Available(Purchasing attach report):
Department 3430/3510 Yes 0 No 0 Construction ❑
GL Account 52015 FY Budget: FY 25 Task Order ❑
Project Number: 11443 Enhancement: Yes ❑ No 0 Professional Service ❑
Supplies or Equipment 0
Will the project cross fiscal years? Yes❑ No P1 Grant ❑
IV. GRANT INFORMATION-to be completed only on Grant funded projects
Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded)
N/A N/A N/A N/A
Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach
V. BASIS OF AWARD
BID RFP/RFQ TASK ORDER
Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category
(Bid Results Attached) Yes E] No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved:
Typical Award Yes 0 No ❑
If no please state circumstances and conclusion:
Date Award Posted: 8/13/2024 7 day protest period ends: August 20,2024
VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License N/A Expiration Date: N/A Corporation Status Active
Insurance Certificates Received(Date): 8/20/2024 Expiration Date: 10/1/2024 Rating: A
Payment and Performance Bonds Received(Date): N/A Rating: N/A
Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased?
(Only applicabale for projects above$1,000,000)
VII. TASK ORDER SELECTION (Project Manager to Complete)
Reason Consultant Selected ❑ 1 Performance on past projects
Check all that apply ❑ Quality of work ❑ On Budget
❑ On Time ❑ Accuracy of Construction Est
❑ 2 Qualified Personnel
❑ 3 Availability of personnel
❑ 4 Local of personnel
Description of negotiation process and fee evaluation:
Enter Supervisor Name Date Approve
Vill. AWARD INFORMATION
Date Submitted to Clerk for Agenda: August 27,2024 Approval Date September 10,2024 By: City Council
Purchase Order NO.: TBD Date Issued: TBD WHS submitted TBD
(Only for PW Construction Projects)
NTP Date: TBD
Contract Request Checklist.5.24.2016.Final
AGREEMENT FOR THE SUPPLY OF
SODIUM HYPOCHLORITE (12.5%) FY2025
PROJECT# 11443
THIS AGREEMENT FOR SUPPLIES PROCUREMENT is made this
13th Day of August, 2024, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, Dubois
Chemicals, Inc., hereinafter referred to as "Supplier", whose business address is
3630 E. Kemper Rd., Sharonville, OH 45241.
INTRODUCTION
WHEREAS, the City has a need for Sodium Hypochlorite (12.5%) FY2025
per established specifications; and
WHEREAS, the Supplier is specially trained, experienced and competent to
provide/supply and has agreed to supply such chemical;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Equipment/ Supply Specifications & Requirements:
1.1 Supplier shall supply the equipment, supplies and services to the
City upon execution of this Agreement and receipt of the City's written
notice to proceed, all items, and comply in all respects, as specified in the
Invitation to Bid titled "Sodium Hypochlorite (12.5%) FY2025" and
suppliers bid dated by which by this reference are incorporated herein,
together with all addendums issued.
1.2 The Supplier shall provide all equipment and services under this
Agreement consistent with the requirements and standards established
by applicable federal, state and city laws, ordinances, regulations and
resolutions and the UCC. The Supplier represents and warrants that it will
perform its work in accordance with generally accepted industry
standards and practices for the profession or professions that are used in
performance of this Agreement and that are in effect at the time of
performance of this Agreement.
Sodium Hypochlorite (12.5%) FY2025 Page 1 of 14
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2. Consideration
2.1 The Supplier shall be compensated on a fixed price basis as
provided in Exhibit B "Agreement Pricing Schedule" hereto and by
reference made a part hereof, for the Not-To-Exceed Price Per Gallon
amount of$4.52.
2.2 The Supplier shall provide the City with a detailed invoice upon
delivery of all equipment and supplies, which the City will pay within 30 days
of receipt of a correct invoice and approval by the City Project Manager. The
City will not withhold any Federal or State income taxes or Social Security
Tax from any payment made by City to Supplier under the terms and
conditions of this Agreement. Payment of all taxes and other assessments
on such sums is the sole responsibility of Supplier.
2.3 Except as expressly provided in this Agreement, Supplier shall not
be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement., including, but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, Supplier
shall not be entitled by virtue of this Agreement to consideration in the form of
overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
2.4 Price per gallon is fixed and agreed firm for the entire first year of
FY2025 including any subsequent years thereafter. Any proposed pricing
modification to Exhibit B "Agreement Pricing Schedule" will not be more
than up to two (2) percent allowable once annually and must be
documented and approved in writing in the form of an executed
amendment(s) or change order(s) if mutually agreeable by both parties. In
the event both parties cannot agree on a pricing modification per the
foregoing sentence, then either party may terminate this Agreement upon
thirty (30) days' prior written notice to the non-terminating party without
further liability to either party.
3. Invoices
Invoices shall be rendered in duplicate and shall include: (1) Purchase Order
number; (2) pricing; (3) quantity; (4) description; (5) any sales taxes or use
taxes as separate items, giving permit number authorizing collection of use
taxes; (6) point of shipment; (7) method and class of shipment; (8) complete
routing of shipment; and (9) whether transportation expense has been
prepaid. Seller/Contractor/Contractor agrees to make a separate invoice for
each order and shipment. Unless otherwise expressly provided in the
Sodium Hypochlorite (12.5%) FY2025 Page 2 of 14
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Purchase Order, all taxes, duties, tolls, fees, import charges, or other
governmental exactions shall be deemed included in the purchase price of
the supplies and services and the City shall have no liability to pay
Seller/Contractor/Contractor or any third party any amount in excess of the
specified purchase price. City of Meridian, a local governmental entity of the
State of Idaho, is exempt from any Federal Manufacturer's Excise Tax under
the provision of Section 4221(a)(4) of the Internal Revenue Code. All
invoices shall exclude such excise tax. All invoices shall be sent to the
following address: City of Meridian, Accounts Payable, 33. East Broadway
Ave., Meridian, Idaho 83642.
4. Term:
4.1 This Agreement shall become effective upon execution by both parties,
and shall expire upon on September 30, 2025 or unless sooner terminated
as provided below or unless some other method or time of termination is
listed in Exhibits A or B.
4.2 The City reserves the right to extend the Agreement up to four (4)
additional one-year periods. Any and all extensions must be documented
and approved in writing in the form of an executed amendment(s) if
mutually agreeable by both parties.
4.3 Should Supplier default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may terminate
this Agreement by giving written notification to Supplier.
4.4 Should City fail to pay Supplier all or any part of the compensation
set forth in Exhibit B of this Agreement on the date due, Supplier at the
Supplier's option, may terminate this Agreement if the failure is not
remedied by the City within thirty (30) days from the date payment is due.
5. Termination:
If, through any cause, Supplier, its officers, employees, or agents fails to
fulfill in a timely and proper manner its obligations under this Agreement,
violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this
agreement, engages in fraud, dishonesty, or any other act of misconduct in
the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of City, the City shall
thereupon have the right to terminate this Agreement by giving written notice
to Supplier of such termination and specifying the effective date thereof at
least fifteen (15) days before the effective date of such termination.
Sodium Hypochlorite (12.5%) FY2025 Page 3 of 14
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Notwithstanding the above, Supplier shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of this
Agreement by Supplier, and the City may withhold any payments to
Supplier for the purposes of set-off until such time as the exact amount of
damages due the City from Supplier is determined. This provision shall
survive the termination of this agreement and shall not relieve Supplier of its
liability to the City for damages.
6. Independent Supplier:
6.1 In all matters pertaining to this agreement, Supplier shall be acting as
an independent Supplier, and neither Supplier nor any officer, employee
or agent of Supplier will be deemed an employee of City. Except as
expressly provided in Attachment A, Supplier has no authority or
responsibility to exercise any rights or power vested in the City and
therefore has no authority to bind or incur any obligation on behalf of the City.
The selection and designation of the personnel of the City in the
performance of this agreement shall be made by the City.
6.2 Supplier, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves as
independent Suppliers and not as employees of the City.
6.3 Supplier shall determine the method, details and means of
performing the work and services to be provided by Supplier under this
Agreement. Supplier shall be responsible to City only for the requirements
and results specified in this Agreement and, except as expressly provided in
this Agreement, shall not be subjected to City's control with respect to the
physical action or activities of Supplier in fulfillment of this Agreement. If in
the performance of this Agreement any third persons are employed by
Supplier, such persons shall be entirely and exclusively under the direction
and supervision and control of the Supplier.
7. Indemnification and Insurance:
a. Supplier shall indemnify and save and hold harmless City from and
for any and all losses, claims, actions, judgments for damages, or injury to
persons or property and losses and expenses and other costs including
litigation costs and attorney's fees, arising out of or resulting from
Supplier's or Supplier's servants, agents, officers, employees, guests,
and/or business invitees: (i) negligence and/or more culpable conduct; and
(ii) Supplier's breach of its obligations under this Agreement to the extent
not caused by or arising out of the tortuous conduct of City or its
employees. Supplier shall maintain, and specifically agrees that it will
maintain, throughout the term of this Agreement, General and Automobile
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Liability Insurance, in which the City shall be named an additional insured
in the minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance One
Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless City; and if City becomes liable for
an amount in excess of the insurance limits, herein provided, Supplier
covenants and agrees to indemnify and save and hold harmless City from
and for all such losses, claims, actions, or judgments for damages or injury
to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, caused in whole or in part by, the performance
of this Agreement by the Supplier or Supplier's officers, employs,
agents, representatives or subSuppliers and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible
property, including use of. Supplier shall provide City with a Certificate of
Insurance, evidencing Supplier's compliance with the requirements of this
paragraph and file such proof of insurance with the City at least ten (10)
days prior to the date Supplier begins performance of its obligations under
this Agreement. In the event the insurance minimums are changed, Supplier
shall immediately submit proof of compliance with the changed limits.
Evidence of all insurance shall be submitted to the City Purchasing Agent
with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
7.2 Any deductibles, self-insured retention, or named insureds must be
declared in writing.
7.3 To the extent of the indemnity in this contract, Supplier's Insurance
coverage shall be primary insurance regarding the City's elected officers,
officials, employees and volunteers. Any insurance or self-insurance
maintained by the City or the City's elected officers, officials, employees and
volunteers shall be excess of the Supplier's insurance and shall not
contribute with Supplier's insurance except as to the extent of City's
negligence.
b. The Supplier's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
7.4 All insurance coverages for Suppliers subs shall be subject to all of the
insurance and indemnity requirements stated herein.
Sodium Hypochlorite (12.5%) FY2025 Page 5 of 14
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7.5 The limits of insurance described herein shall not limit the liability of
the Supplier and Supplier's agents, representatives, employees or
subSuppliers.
7.6 The limits of insurance described herein shall not limit the liability of
the Supplier and Supplier's agents, representatives, employees or
subcontractors.
8. Bonds: Payment, Warranty and Performance Bonds are not required.
9. Warranty: In addition to any warranty required in the specifications, all
equipment, coatings, valves, controls, and other components provided under
this agreement shall be guaranteed for two (2) years against defects in
workmanship and materials from the notice of acceptance.
10. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified,
return receipt requested, addressed as follows:
CITY: SUPPLIER:
City of Meridian Dubois Chemicals, Inc.
Procurement Manager Attn: Bradley K. Marsh / Ryan Binder
33 E Broadway Ave. 3630 E. Kemper Rd.
Meridian, ID 83642 Sharonville, OH 45241
Ph. (208)-489-0417 Phone: 800-438-2647 / 208-477-8751
Email: Bradley.Marsh@duboischemicals.com
Ryan.Binder@duboischemicals.com
Either party may change their address for the purpose of this paragraph by
giving written notice of such change to the other in the manner herein
provided.
11. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
12. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
Sodium Hypochlorite (12.5%) FY2025 Page 6 of 14
Project# 11443
13. Assignment: It is expressly agreed and understood by the parties hereto,
that Supplier shall not have the right to assign, transfer, hypothecate or
sell any of its rights under this Agreement except upon the prior express
written consent of City.
14. Discrimination Prohibited: In performing the Work required herein, Supplier
shall not unlawfully discriminate in violation of any federal, state or local law,
rule or regulation against any person on the basis of race, color, religion, sex,
national origin or ancestry, age or disability.
15. Reports and Information:
15.1 At such times and in such forms as the City may require, there shall
be furnished to the City such statements, records, reports, data and
information as the City may request pertaining to matters covered by this
Agreement.
15.2 Supplier shall maintain all writings, documents and records prepared
or compiled in connection with the performance of this Agreement for a
minimum of four (4) years from the termination or completion of this or
Agreement. This includes any handwriting, typewriting, printing, photo static,
photographic and every other means of recording upon any tangible thing,
any form of communication or representation including letters, words,
pictures, sounds or symbols or any combination thereof.
16. Audits and Inspections: Subject to applicable laws respecting the
protection of privacy and the City's requirement to comply with the Idaho
Public Records Act, at any time during normal business hours and as often
as the City may deem necessary, there shall be made available to the City
for examination all of Supplier's records with respect to all matters covered
by this Agreement. Supplier shall permit the City to audit, examine, and
make excerpts or transcripts from such records, and to make audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this
Agreement.
17. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the
United States or in any other country. The City shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
Sodium Hypochlorite (12.5%) FY2025 Page 7 of 14
Project# 11443
18. Compliance with Laws: In performing the scope of work required
hereunder, Supplier shall comply with all applicable laws, ordinances, and
codes of Federal, State, and local governments.
Certifications.
Pursuant to Idaho Code§§67-2359 and 67-2346, Supplier hereby certifies:
A. That Supplier is not currently owned or operated by the government of
China and will not, for the duration of this Contract, be owned or
operated by the government of China.
B. That Supplier is not currently engaged in, and will not for the
duration of the Contract engage in, a boycott of goods or services
from Israel or territories under its control.
19. Changes: The City may, from time to time, request changes in the Scope of
Work to be performed hereunder. Such changes, including any increase or
decrease in the amount of Supplier's compensation, which are mutually
agreed upon by and between the City and Supplier, shall be incorporated in
written amendments which shall be executed with the same formalities as
this Agreement.
20. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder of
the Agreement is reasonably capable of completion.
21. Waiver of Default: Waiver of default by either party to this Agreement shall
not be deemed to be waiver of any subsequent default. Waiver or breach of
any provision of this Agreement shall not be deemed to be a waiver of any
other or subsequent breach, and shall not be construed to be a modification
of the terms of this Agreement unless this Agreement is modified as provided
above.
22. Advice of Attorney: Each party warrants and represents that in executing
this Agreement. It has received independent legal advice from its attorney's
or the opportunity to seek such advice.
23. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
herewith.
Sodium Hypochlorite (12.5%) FY2025 Page 8 of 14
Project# 11443
24. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
25. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
26. Approval Required: This Agreement shall not become effective
or binding until approved by the City of Meridian.
CITY OF MERIDIAN: DUBOIS CHEMICALS, INC.:
51-wae� k Ma,-sh
BY: BY:Bradley K.Mars (Aug 19,202413:15 PDT)
KEITH WATTS, Procurement Manger BRADLEY K. MARSH, Vice President
DATED:
9-10-2024 DATED: 08/19/2024
Project Manager
Dennis Teller
Sodium Hypochlorite (12.5%) FY2025 Page 9 of 14
Project# 11443
EXHIBIT A
SPECIFICATIONS / SCOPE OF WORK
REFER TO INVITATION TO BID (WTR-2428-11443) ALL
ADDENDUMS, ATTACHMENTS, AND EXHIBITS INCLUDED IN
THE INVITATION TO BID PACKAGE (WTR-2428-11443), ARE BY
THIS REFERENCE MADE A PART HEREOF.
Agreement Requirements:
Provide and Deliver liquid Sodium Hypochlorite in bulk, gallon totes, to the City's
Water and Wastewater facilities as needed per specifications and requirements
set forth within Exhibits A and B.
Product Quantities:
Bulk liquid Sodium Hypochlorite delivery amounts vary, but typically range
between 200 to 5000 gallons per order. Due to limited storage, orders will be
placed on an as needed basis of the below City facilities.
City Water Facility:
The City's Water Division operates 25 chlorine injection/storage systems with a
total bulk chlorine storage capacity of approx. 20,000 gallons. Deliveries are
typically weekly to every two weeks. Annual demands of liquid Sodium
Hypochlorite for the Water Division are approximately 140,000 gallons.
City Wastewater Facility:
The City's Wastewater Resource Recovery Facility operates a wastewater
treatment system with a bulk storage capacity of 3,500 gallons. Bulk deliveries
will occur as needed throughout the year. Additionally, the City of Meridian
Wastewater Resource Recovery Facility, on occasion requires the delivery of
Sodium Hypochlorite in 15-gallon containers and in 300-gallon totes.
Annual demands of liquid Sodium Hypochlorite for the Wastewater Resource
Recovery Facility is approximately 10,000 gallons. The Wastewater Resource
Recovery Facility also occasionally uses totes (approximately 1 tote per quarter)
and 15-gallon containers (approximately 3 per quarter).
Note: The chemical amounts required for both facilities are estimated and may
increase or decrease as required over the term of the Contract. Each fiscal year's
resulting contract amount and quantity is contingent to each year's appropriation
of funds
Delivery Locations:
The provided list below (TABLE A-1) includes the delivery locations for both the
City Water and Wastewater Facilities. This list is all inclusive, however is subject
to change as City infrastructure is added or chemical needs change.
TABLE A-1
City Water and Wastewater Facilities Requiring
Deliveries of Liquid Sodium Hypochlorite 12.5%
City Facility Location Address
Well #9 725 W. Franklin Road
Well #1013 2061 N.. Jericho Way
Well #11 2238 E. Lanark Street
Well #12 1730 N Ten Mile Road
Well #14 755 E. Overland Road
Well #15 1624 W. Sunny Slope Drive
Well #16B/16C 1100 N. Hickory Ave
Well #17 1616 E. Time Zone Drive
Well #18 3319 N. Summerfield Way
Well #19 3301 W. Neimann Drive
Well #20/2013 180 W. Ustick Road
Well #21 300 E.. Watertower Street
Well #22 2250 S Stoddard Road
Well #23 1774 S. Silverstone Way
Well #25 2725 E.. Victory Road
Well #26 6067 N. Locust Grove Road
Well #27 303 N. Ten Mile Road
Well #28 2730 E. Taconic Drive
Well #29 6355 W. Quintale Drive
Well #30 968 E. Radiant Ridge Street
Well #31 936 W. Riodosa Drive
Well #32 701 W. Harris Street
Well #34 3150 N. Valley Green Way
Victory Reservoir 1665 E. Coastline Drive
Wastewater Resource Recovery Facility 3401 N. Ten Mile Road
*Delivery is FOB Destination to the above City locations
SODIUM HYPOCHLORITE (12.5%)
SPECIFICATIONS AND REQUIREMENTS
The liquid Sodium Hypochlorite shall not contain any foreign matter or impurity that
may damage or interfere with the City's equipment, facility, or treatment processes.
This includes foreign matter or impurities that are a result of shipment or transfer into the
City's tanks. The Supplier shall reimburse the City for any damages or costs incurred
from any foreign material or impurity.
The liquid Sodium Hypochlorite shall not contain any impurity in sufficient quantities that
causes or may cause, by the City's normal usage of the liquid Sodium Hypochlorite,
the City to violate any existing Federal limit or water quality standard, or any limit or
standard that may be implemented during the term of this contract. Should any permit
limit or water quality standard exceedance be determined to be directly attributable to
the liquid Sodium Hypochlorite supplied, the Supplier shall immediately take the
necessary steps to remove or reduce the containment concentrations to levels
satisfactory to the City.
Liquid Sodium Hypochlorite shall have a concentration of not less than 12.5% Sodium
Hypochlorite by weight.
The pH of liquid Sodium Hypochlorite shall be not less than 11, and not more than 13
units.
The specific gravity of liquid Sodium Hypochlorite shall be not less than 1.20, and not
more than 1.23.
The City reserves the right to subject samples of the liquid Sodium Hypochlorite to
analysis to determine if the liquid Sodium Hypochlorite meets the City's specifications.
The Supplier shall facilitate the sampling process, when asked. Failing to comply with
the City's specifications shall constitute grounds for rejection of that load and is
sufficient grounds to constitute a breach of contract. If in the opinion of the City, there is
necessity to remove non-confirming liquid Sodium Hypochlorite within 24 hours of being
notified without additional cost to the City. Alternatively, the City may remove the liquid
Sodium Hypochlorite and the cost for removal and disposal shall be billed to the
Supplier. The Supplier shall not charge for delivered material the City rejects.
SUPPLY AND DELIVERY
SPECIFICATIONS AND REQUIREMENTS
Supplier agrees to keep sufficient liquid Sodium Hypochlorite inventory on hand and
available to meet the City's needs.
The Supplier shall have the resources and ability to deliver liquid Sodium Hypochlorite
in bulk, gallon, and tote containers.
City staff shall notify Supplier verbally and or email to place order for delivery. Supplier
shall deliver product within five (5)working days upon notice from City.
The Supplier shall,when shipping/delivering liquid Sodium Hypochlorite to the City as a
"bulk" liquid in a tank/vessel shall ensure all shipments comply with all US DOT
regulations for marking.
The Supplier's transport tank/vessel must be sealed and equipped with a self-contained
system to deliver all the liquid Sodium Hypochlorite in the load into aboveground
storage tanks. An example of a delivery mechanism is pressurizing the tank with an air
pump. The Supplier shall supply all transfer equipment to transfer chemical. The
Supplier shall not use the City's equipment. The transfer mechanics shall be such to
allow the Supplier to complete the task alone under normal circumstances, without the
aid of the City.
Prior to unloading, the Supplier shall provide the following with each delivery:
• Date of delivery;
• Bill of Lading/Weigh Slip Number;
• Gross weight of delivery vehicle and liquid Sodium Hypochlorite in pounds;
• Tare weight of delivery vehicle in pounds;
• Net weight of liquid Sodium Hypochlorite in the delivery vehicle in pounds; and
• Number of gallons;
• Certificate;
• All other documentation prescribed by DOT, ICC,other regulatory bodies and
statues;
• Any other applicable order/delivery documents based on inadequate or non-
conforming information in the above documents.
Failure to supply the required certificates, or failure to meet any specification described
herein, shall be sufficient cause for the City to reject the delivery.
The Supplier shall follow all City's security procedures and safety requirements for
personal protective equipment. (The City shall inform the Supplier of these procedures
and requirements initially, and shall communicate any changes throughout the term of
the contract.)
The Supplier is expected to comply with reasonable requests for emergency deliveries.
Failure of Supplier to successfully complete a delivery is sufficient grounds to constitute
a breach of the contract.
EXHIBIT B
AGREEMENT PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $677,999.99.
AGREEMENT PRICING SCHEDULE
Agreement includes the supply/delivery of liquid Sodium Hypochlorite (12.5%) FY2025 including
any incidentals as required for this chemical.
NOT-TO-EXCEED AMOUNT.............................................$677,999.99
Agreement is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by City. The City will pay the Supplier based on actual
quantities of each item of work in accordance with the agreement documents.
Estimated
Item No. Description Quantity UOM Unit Price Total Cost
1 Sodium Hypochlorite (12.5%) FY2025 150,000 GAL $4.52 $677,999.99