HomeMy WebLinkAboutContract Amendment No. 3 with Kemira Water Solutions for Poly Aluminum Chloride Solution for WWTPMemo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Tracy Crane
Date: 9/26/13
Re: October 1 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
October 1St City Council Consent Agenda for Council's consideration.
Approval of Contract Amendment to extend the contract for "Poly-Aluminum Chloride"
to Kemira Water Solutions in the Not-To-Exceed amount of $70 000.00.
Recommended Council Action: Approval of Contract Amendment to Kemira
Water Solutions for the Not-To-Exceed amount of $70,000.00.
Thank you for your consideration.
• Page 1
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CITY OF MER1DlAN
CONTRACT AMENDMENT No 3
KEMIRA WATER SOLUTIONS
POLY-ALUMINUM CHLORIDE SOLUTION
CONTRACTOR NAAAE: DEPARTMENT NAME:
Kemira Water Solutions WASTEWATER
ADDRESS: ADDRESS:
3211 Clinton Parkway Court 3401 N Ten Mile Rd
i_awrence, KS 66047 Meridian, ID 83642
CURRENT CONTRACT INFORMATION:
Contract name & Project No. Poiv-Aluminum Chloride Solution - WW12-10317
Amendment Date: 1~-4-2012 Previous Amendments: 2
Current Contract Dates; START: 1-10-2013 COMPLETION: 9-30-2014
Current Contract Amount fncluslve of Previous Amendments to Oate : $91 503.92
AMENDMENT OPTIONS
AMENDMENT TO EXERCISE OPTION TO RENEW
(Check atf that Apply)
Amendment to Contract Performance
~_ Amendment to Contract Dates
X Amendment to Contract Amount
____, Other: (Explain)
DESCRIPTION OF REASON FOR AMENDMENT: (Aftach a!1 relevant documentat/on detafling amendment}:
The City of Meridian is opting to extend this contract for an additional one year. Thls is the second year to extend the
contract. Kemira will guarantee product pricing at 0.258Ab for an additional 12 months. Orders will be placed in 48,000
Ib truckload increments. See Attached Leiter
NEW CONTRACT INFORMATION:
Amendment Date: 10-1-2013
New Contract Dates: START: 1 -1-2013 COt~SPLETiON: Q9-~0-2014
Amount of Amendment Change: 570.000.00
Current Contract Amount In lusive of Previous Amendments to Date): 5161.503.92
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS
AMENDMENTS REMAIN UNCHANGED AND 1N FULL FORCE AND EFFECT.
CITY OF MERI IAN
TA MY de D, MAYOR
Dated: ~ , ~ ~ ( ~
Council Approval Date:
JAYCEE F O~.MAN, CITY CLERK
KEMIRA W UTIONS, INC ,~~__---
BY:
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Dated: 2 ~~3
~-'`' `,
~'T ~ Approved by City as to Content
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AGENT
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CITY OF MERIDIAN
CONTRACT AMENDMENT No 3
KEMIRA WATER SOLUTIONS
POLY-ALUMINUM CHLORIDE SOLUTION
CONTRACTOR NAME: DEPARTMENTNAME:
Kemira Water Solutions WASTEWATER
ADDRESS: ADDRESS:
3211 Clinton i'arkway Court 3401 N Ten Mile Rd
Lawrence, KS 66047 Meridian, ID 83642
CURRENT CONTRACT INFORMATION:
Contract name & Project No. Poiv-Aluminum Chloride Solution - WW12-10317
Amendment Date: 1~-4-2012 Prevlous Amendments: 2
Current Contract Dates: START: 1-10-2013 COMPLETION: 9-30-2014
Current Contract Amount Inclusive of Prevlous Amendments fo Date : $91 503.92
AMENDMENT OPTIONS
AMENDMENT TO EXERCISE OPTION TO RENEW
(Check all that Apply)
Amendment to Contract Performance
~ Amendment to Contract Dates
X Amendment to Contract Amount
_____ Other: (Explain)
DESCRIPTION OF REASON FOR AMENDMENT: (Aftach a!1 relevant documentation detaflfng amendment}:
The City of Meridian is opting to extend this contract for an additional one year. This is the second year to extend the
contract. Kemira wail guarantee product pricing at 0.258/1b for an additional 12 months- Orders will be placed in 48,000
Ib truckload increments. See Attached Leiter
NEW CONTRACT INFORMATION:
Amendment Date: 10-1-2013
New Contract Dates: START: 10-1-201 ~ COMPLETION: 09-30-2014
Amount of Amendment Change: X70,000.00
Current Contract Amount fn lus ve of Previous Amendments fo AateJ: ~j61,,503.92
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CITY OF MER1 tAN
TA MY de D, MAYOR
Dated: ~ r ~-~ (~
KEMIRA W _U710NS, INC ~~~---
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BY:
a
Dated: 2~ ?~(3
Council Approval Date: ~ `' ~~ ~ ~~ Approved by City as to Content
~:
Att t: f~,tv ~,t
~~' `~` ~ KEITH TS, PU C SING AGENT
IDHf9 t~
JAYCEE OMAN, CITY Cl_ERK `: -
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AGREEMENT
FOR
SUPPLIES / EQUIPMENT PROCURMENT
THIS AGREEMENT FOR EQUIPMENT /SUPPLIES PROCUREMENT is made
this f ~ of u , 20 f~ and entered into by and between the City of
Meridian, a municipal orporation organized under the laws of the State of Idaho,
hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642,
and Kemira Water Solutions. Inc, hereinafter referred to as "SUPPLIER", whose
business address is 3211 Clinton Parkway Court. Lawrence. KS 66047.
INTRODUCTION
Whereas, the City has a need for services involving the procurement of
POLY-ALUMINUM CHLORIDE SOLUTION; and
WHEREAS, the Supplier 1s specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, inconsideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Equipment /Supply Specifications & Requirements:
1.1 SUPPLIER shall supply the equipment and/or supplies 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
document titled "Supply Specifications & Requirements" a copy of which is
attached hereto as Attachment "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing
by the parties.
1.2 The Supplier shall provide services and work under this Agreement
cons(stent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. 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. Except for that representation and any representations made
POLY-ALUMINUM CHLORIDE SOLUTION WW-12-10317 page 1 of 13
or contained in any proposal submitted by the Supplier and any reports or
opinions prepared or issued as part of the work performed by the Supplier
under this Agreement, Supplier makes no other warranties, either express
or implied, as part of this Agreement.
2. Consideration
2.1 The Supplier shall be compensated on a per pound basis (Not-To-
Exceed $32,330.00) as provided in Attachment B "Payment Schedule"
attached hereto and by reference made a part hereof.
2.2 The Supplier shall provide the City with a detailed monthly
statement detailing all deliveries for the month, which the City will pay
within 30 days of receipt of a correct invoice and approval by the City.
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.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b}
September 30, 209 2 or (c) unless sooner terminated as provided below or
unless some other method or time of termination Is listed in Attachment A.
3.2 The City reserves the right to extend the Agreement based on the
terms and conditions of the Invitation for Bid Document and Specifications
for up to three years from the date of expiration, provided such extension
is mutually agreeable to both the City and the Supplier.
3.3 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.
POLY-ALUMINUM CHLORIDE SOLUTION W W-12-10377 page 2 of 13
3.4 Should City fail to pay Supplier all or any part of the compensation
set forth in Attachment B of this Agreement on the dale due, Suppller, 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.
3.5 This Agreement shall terminate automatically on the occurrence of
any of the following events: a) Bankruptcy of insolvency of either party; b)
Sale of Supplier's business; or c) Death of Supplier
4. Termination:
4.1 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. SUPPLIER may terminate this
agreement at any time by giving at least sixty (60) days notice to CITY.
4.2 In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by SUPPLIER under
this Agreement shall, at the option of the CITY, become its property, and
SUPPLIER shall be entitled to receive just and equitable compensation for
any work satisfactorily complete hereunder.
4.3 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.
5. Independent Supplier:
5.1 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
POLY-ALUMINUM CHLORIDE SOLUTION WW-12-10317 page 3 of 13
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.
5.2 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.
5,3 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.
6. Indemnification and Insurance:
6.1 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, resulting from,
or in connection with the performance of this Agreement by the
SUPPLIER, its servants, agents, officers, employees, guests, and
business invitees, and 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, 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 !# 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, resulting from , or in
connection with the performance of this Agreement by the Supplier or
POLY-ALUMINUM CHLORIDE SOLUTION W W-12-10317 page 4 of 13
Supplier's officers, employs, agents, representatives or subcontractors
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, or other proof of
insurance evidencing SUPPLIER'S compliance with the requirements of
this paragraph and file such proof of insurance with the CITY at least ten
(t 0) days prior to the date Supplier begins performance of it's 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.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Supplier shall provide a bond, cash
or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
6.3 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 Clty 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.
6.4 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.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of
the Supplier and Supplier's agents, representatives, employees or
subcontractors.
7. 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:
POLY-ALUMINUM CHLORIDE SOLUTION WW-12-10317 page 5 of 13
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Kemira Water Solutions, Inc
Attn: Christina Addington
3211 Clinton Parkway Court
Lawrence. KS 66047
1-800-879-6353
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.
9. 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.
10. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect 1o 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.
11. 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.
12. 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.
13. Reports and Information:
13.1 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
POLY-ALUMINUM CHLORIDE SOLUTION WW-12-10317 page 6 of 13
information as the CITY may request pertaining to matters covered by this
Agreement.
13.2 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.
14. Audits and Inspections: 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.
15. 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.
16. 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 focal governments.
17. Quantities: The quantity listed in Exhibit A are estimates only, based
upon current known requirements, and not a guarantee to purchase and
are subject to increase or decrease within the contract period. Any
increase or decrease will be governed by the same terms and
conditions of this Agreement.
18. 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.
19. 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
POLY-ALUMINUM CHLORIDE SOLUTION W W-12.10317 page 7 of 13
be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
20. 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 opportunfty to seek such advice.
21. 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.
22. Order of Precedence: The order or precedence shall be this contract
agreement, the Invitation for Bid document, and successful bid document.
23. 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.
24. Public Records: Pursuant to Idaho Code Section 9-335, et seq.,
information or documents received from the Supplier may be open to
public inspection and copying unless exempt from disclosure. The
Supplier shall clearly designate individual documents as "exempt" on each
page of such documents and shall indicate the basis for such exemption.
The City will not accept the marking of an entire document as exempt. In
addition, the City will not accept a legend or statement on one (1) page
that all, or substantially all, of the document is exempt from disclosure.
The Supplier shall indemnify and defend the City against all liability,
claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Supplier's failure to
designate individual documents as exempt. The Supplier's failure to
designate as exempt any document or portion of a document that is
released by the City shall constitute a complete waiver of any and all
claims for damages caused by any such release.
25. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
POLY-ALUMINUM CHLOR[DE SOLUTION WW-12-10317 page 8 of 13
CITY OF MERIDIAN
BY: -J'
TAMMY d~-G,
Dated: (`~'/
KEMIRA WATER SOLUTIONS, INC
~~~
MAYOR
~ Dated: ~ ~,~.(,,~-
Purchasing Approval
BY:
KEITH ATTS P RC SING MANAGER
Dated: ~/ `~~~ ~
~'T'
Approved as to Form
CITY ATTORNEY
Department Approval
BY:
NAME: R~rhar•a fees
TITLE: De~u~v 'PW Dittc{c,r
Dated: I ~q ~ 2012
POLY-ALUMINUM CHLORIDE SOLUTION WW12-10317 page 9 of 13
Attachment A
Supply Specifications & Requirements
The City of Meridian, referred to herein as the City, has agreed to purchase aone-year
a one-year supply of Polyaluminum Chloride (PAX XL14) solution that will be used for
the specific purpose of limiting the growth of Microthrix Parvecella, a nuisance organism
that is common to the activated sludge process.
The PAX 14 solution furnished shall meet the specified terms and conditions herein:
Product Name: Polyaluminum Chloride Solution
Chemical Family: Polynuclear inorganic Salt
Formula: AIZ(OH)xCis x 0<x>6
Synonym: Polyaluminum hydroxy)chloride; Aluminum chlorohydrate; PAX-10; PAX-11; PAX-
14; PAX-18; PAX- 28; PAX-29; PAX-XLB; PAX-XL9; PAX-XL19; PAX-XL30; PAX-XL30A; PAX-
XL30C; PAX-XL31; PAX-XL31A; PAX-XL31C; PAX-XL35D; PAX-XL36, PAX-XL37;PAX-XL37A;
PAX-XL37C; PAX-XL39; PAX-XL39A; PAX-XL39C; PAX-XL50; PAX-XL52; PAX-XL54; PAX-
XL60;
MSDS Code: PAX
Acceptable Product Uses: Water treatment chemical
COMPOSITION /INFORMATION ON INGREDIENTS
Component CAS Number # Concentration A GIH TWA
Polyaluminum chloride 1327-41-9 8 - 24% 2 mg/m (as AI)
WHMIS Classification: CLASS E
OSHA Classification: Physical: Corrosive Healih: Corrosive
PHYSICAL AND CHEMICAL PROPERTIES
Appearance: Clear amber or colorless
Odor: Pungent chlorine-like odor
Form: Liquid
pH es Is: 0.5-4.4
Vapor Pressure (mm
H ca. 18 mm Hg at 20 C
Boiling Point: 100 -110 °C
Specific Gravity): 1,15 -1.40 @ 25 °C
Solubility (water): soluble
Vapor Densky (Air=1): 1.3
Percent Volatile by Vol.: N/A
Freezing Point: -20 to -5 °C
POLY-ALUMINUM CHLORIDE SOLUTION WW-12-10317 page 10 of 13
POLYALUMINUM CHLORIDE (PAX-XL14)
Performance Requirements:
The Supplier shall demonstrate compliance with the performance requirements herein
The bid shall be based on deliveries of approximately 50,000 Ibs contained in
approximately 18 containers (totes) of 275 gallons. The expected yearly usage is as
follows:
• 106,000Ibs
• 36 containers (totes) of 275 gallon each
The amounts are estimated and may increase or decrease over the term of the
Contract but each delivery shall consist of a quantity of no less than 13 containers
(totes) of 275 gallons.
The City reserves the right to discontinue the use of Polyaluminum chloride (and
associated PAX purchase) and to employ alternate methods of microthrix control.
The City reserves the right to conduct lab analysis on each load of Polyaluminum
chloride solution delivered to verify the COA.
If the chemical delivered does not meet specifications and as a result, causes
deterioration to City of Meridian owned equipment, the supplier will be responsible for
replacement of said equipment and the labor costs involved with any repairs.
By submitting this bid for a one year supply of Polyaluminum chloride solution, the
manufacturer acknowledges that it is able to supply this product, at the same
performance quality and manufac#uring specifications, at the volume necessary to fulfill
the terms/length of the annual contract, The City reserves the right to conduct lab
analysis on each load delivered to verify the COA.
The Supplier shall submit a certificate of analysis (COA) with the bid and with each
delivery of PAX.
The prices in the bid dated 12-8-2011 shall not change for the term of the Contract.
The Contract will become effective upon approval by the Mayor and shall continue for a
period of one year, unless terminated under terms and conditions set forth in this
Agreement.
The City reserves the right to extend the Contract based on the terms and conditions of
the Invitation for Bid Document (WW-12-10317) and Specifications for up to three years
POLY-ALUMINUM CHLORIDE SOLUTION WW-12-10317 page 11 of 13
from the date of expiration, provided such extension is mutually agreeable to both the
City and the Supplier.
Polyaluminum Chloride shall be delivered (in 275 gallon totes) by the Supplier to the
City of Meridian Wastewater7reatment Facility:
3401 N. Ten Mile Road, Meridian, Idaho 83646
All shipping and delivery charges shall be paid by the Supplier and shall be included in
the bid price.
Deliveries shall be made within 7-10 days of the City's order and shall be made
between 8:30 am and 3:30 pm, Monday -Friday, excluding holidays.
The Supplier must supply the City with atwenty-four (24) hour emergency phone
number in the event of a chemical incident. The Supplier must provide on-site facility
assistance if requested and technical support within one (1) hour of notification by the
Ciiy, if required.
POLY-ALUMINUM CHLORIDE SOLUTION WW-12-10317 page 12 of 13
Attachment B
PAYMENT SCHEDULE
TASK DESCRIPTION AMOUNT / LB
A• Kemira PAX 14, per attached Specifications
(Attachment A) Price includes shipping, delivery and
container return services.
.305
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
POLY-ALUMINUM CHLORIDE SOLUTION W W-12-10317 page 13 of 13
Assistant Secretarv's CerfOflcate
The undersigned, Sharman ICrippner, fin her capiiclty as Assistant Secretary of
I<eannn. Water Solutions, Inc., a Delaware corpoGxtcion (the "Company"), liereby oertifes
as follows:
1. She is-the duly nualifigd. Gird elected Asgistagf Secretary of tl~e t:ompany
and is presently serving in that capacity in.A000rtlanee withtbebylaws of
the Company.
2, 7;qe resolutions attached hereto as ]C:xlribil• rl 'is a true, eorn~lete atsd
correct copy of the resohrtions adopted by the Company's board of
direetoi~s riuthari>rmg,pawers.of attorney foi Tammy 1'ergey and Glutistiira
A~dingtgn to sigu bids and contra'ets related tq such bids, which
authditi~ittioir t'emams in #'nll force hhd affect.
IAi WITNESS VVIiTs1tBOF, the undersigned has caused tFtis Secretary's
Certificate to he executed this 21a` day of April, 2010:
ICeuiira Water Solutions,
Title: Assisl~urt
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