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HomeMy Public PortalAbout041-2007 - 041-2007 - Sanitary - General Chemical Corporation - ChemicalsAGREEMEN T 0;06114AL THIS AGREEMENT made and entered into this _ day of , 2007, by and referred to as Contract No. 41-2007 between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitation Commissioners (hereinafter referred to as the "City") and General Chemical Performance Products, LLC., P.O. Box 395/ 90 East Hasley Road, Parisippany, NJ 07054-0395 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for the delivery of liquid Aluminum Sulfate to the Waste Water Treatment Plant (WWTP) Chemical building and the transfer to the District's bulk storage tanks in accordance with the minimum specifications. A Request for quotes has been made available for inspection by Contractor, is on file in the office of the Department of Sanitation, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes is attached hereto as Exhibit A, which Exhibit is dated March 9, 2007, consisting of ten (10) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all equipment and services listed on "Exhibit A." Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed One Hundred Ninety Nine Dollars and Ninety Cents ($199.90) per dry ton. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until March 31, 2009. Contract No. 41-2007 Page 1 of 5 ' Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include .but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; --- - c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence Page 2 of 5 D. Comprehensive Auto Liability Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence - $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. Page 3 of 5 C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION VIII. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION IX. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR' THE CITY OF RICHMOND, GENERAL CHEMICAL PERFORMANCE INDIANA by and through its PRODUCTS, LLC. Board of Sanitakion Commi%@i rs rA- < resident Date: �i%3 �O % APPROVED: Sarah L. Hutton, Mayor Date: 4/' 7,3-0i VrinteAd-( Christine A Amato ) Title: Bid/Quote Representative Datef Page 5 of 5 PRICE REQUEST W1k Revision on time - noted in red VENDOR INSTRUCTIONS General Chemical Corp. This is a request for a price for the services of materials be described below. Any additional specifications may attached hereto. This is NOT an order and the City reserves Attn: Tom Nelson the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below P.O. BOX 395 with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to 90 East Halsey Road specifications altered_ Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to Parsippany, N7 07054-0395 the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: February 27, 2007 10:00 AM on March 13, 2007 UPON RECEIPT OF INVOICE DELIVERED This is a request for prices valid for Two Years (starting approximately 4/1/2007 and ending March 31, 2009) for the Listed items: Liquid Aluminum Sulfate See Attached Specifications Liquid Chlorine (Cl2) See Attached Specifications Sulfur Dioxide (S02) See Attached Specifications Quotes Valid Until: 90 DAYS Return this sheet in a sealed envelope addressed to: Richmond Sanitary District Board of Commissioners 2380 Liberty Avenue Richmond, IN 47374 RE: Chemical Quotes Questions? Call Larry Baker at 983-7480 or Karen Rodenburg 983-7480. STATE TAX EXEMPTION # 00312190MOI 7l:Z. . Richmond Sanitary District NAME OF FIRM QUOTING: GENERAL CHEMICAL PERFORMANCE PRODUCTS LLC CHR I ST I NE A- AMATO AUTHORIZED BY SIGNATURE BID/QUOTE REPRESENTATIVE TITLE MARCH 9, 2007 1-800-631-8050 DATE PHONE NUMBER EXHIBIT PAGE 1 0 20 PROPOSAL SHEET FOR LIQUID ALUMINUM SULFATE (Al2(SO4 ).3 14 H2O) DESCRIPTION PRICE Estimated 200,000 gallons of Aluminum Sulfate per year $ 199.90 /dry ton Each vendor shall quote price per dry ton of Aluminum Sulfate in liquid state delivered to the Wastewater Plant and transferred to the District's bulk storage tanks in accordance with the attached "Minimum Specifications". Each vendor shall attach the chemical analysis of his material to proposal sheet. Each vendor shall state the time period for which the quoted price shall remain valid. Vendor may be required to submit samples of technical evaluation prior to quote award. Testing to be performed by independent lab at no cost to RSD. Vendor to perform bench test at least once a year to determine performance and requirement of product for RSD at no cost. Vendor may submit a minimum of one (1) quart of chemical. Quote will be for two (2) year period of time after award of quote (approximately 411/07 to 3/31/09). Vendor is to include all shipping costs in the price quote. Richmond Sanitary District will not pay any shipping. Richmond Sanitary District has authority to refuse delivery due to unsafe manner and not be held responsible for any charges. Vendor is to supply experiencedJsafe drivers and equipment_ Vendor is to state delivery time after receipt of order • -6 CHRISTINE A. AMATO, BID/QUOTE REPRESENTATIVE Contact Person GENERAL CHEMICAL PERFORMANCE PRODU CTS LLC Company Name 1-2 DAYS AFTER RECEIPT OF ORDER MARCH 9, 2007 Date 1-800-631-8050 EXHIBIT PAGE OFL Phone Number Revised 2.07 14IINIWM SPECIFICATION FOR LIQUID ALUMINUM SULFATE (Al2(SO4 )3 14 H2O) Liquid Aluminum Sulfate shall contain water-soluble aluminum of not less than 4.23% as Al or 8.0% as A1203. It shall be composed of 48.5% dry Aluminum Sulfate and have a density of 11.14 pounds per gallon. The water - insoluble matter shall not exceed 0.2%. The delivered mixture shall meet the AWWA standard for Aluminum Sulfate (B403-88). The product shall be analyzed for metals (cadmium, copper, chromium, lead, nickel, mercury, molybdenum, zinc) and date submitted as part of bid specs. Delivery shall be made by vehicles properly equipped to transfer liquid Aluminum Sulfate into the District's bulk storage tanks without spillage. Deliveries shall not be made at the convenience of the Vendor. They shall be made within a reasonable length of time following either a written or telephoned order from the District. The District will admit delivery from 7:30 am to 1_30 pm, Monday through Friday (unless Holiday). The District orders will be for approximately 4,000 gallons each. The District shall have the right to require a small sample from each load for laboratory purposes_ Bidder Complies YES NO N. EXHIBIT W -PAGE OF Q� i Revised 2.07 Vva trr ..:i€ealicals G.-oal. Genera/ ChiiW&/ Fax. 973I i44ix I LIQUID ALUMINUM SULFATE The current typical analysis for Liquid Aluminum Sulfate is as follows: % Total Soluble A1203 8.25 % Free A1203 0.1 % Total Iron (as Fe203) 0.2 % Actual Fe203 0.03 % Insoluble in water 0.01 General Chemical Performance Products LLC certifies that Aluminum Sulfate as produced by our manufacturing locations will meet NSF/ANSI Standard 60 and AWWA Standard B-403-03 in every respect. Christine A. Amato Bid/Quote Representative EXHIBIT %E P �OFZ—O General Che gC l bVa-Ier Chemicals C � r, IijVXI,iTER CHEMICALS ANALYTICAL SERVICES REPORT OF ANALYSIS To: Steve Combs cc: Kathy Baker SAMPLES: Liquid Alum, Food Grade - 2006 Audit MD6340 ORIGIN: Middletown Works All analyses are reported as PPM unless stated otherwise PARAMETER Concentration PARAMETER As <2 % A1203 (total by wt) Ba <1 % A1203 (free by wt) Be <1 % Insolubles (by wt) Ca 41.8 % Fe203 (total soluble by wt) Cd <1 Turbidity (NTU) Cr <1 Cu <1 Be @ 60 deg. F e (Total @ Fe) 16.62 H9 <2 Appearance Mg 11.4 Mn <1 Ammonium Salts Mo <1 Alkalies & Alkaline Earths Na 248 Fluoride Ni <1 Lead pb <2 Selenium Sb <2 Se 6.97 Si (@ Si) 10.4 Ti <1 TI <2 Zn 5.8 Zr <1 Notes: The material is in specification for all parameters measured. Revision 2 - Include metals analysis r -, _ -0_. Req. Date: 07-Dec-06 Lab. Log # 6120802 Concentration 8.14 0.04 0.0031 0.0024 1.3 36.02 Clear Pass 0.16% < 0.10 ppm < 2.00 ppm 6.97 ppm Analysts Record Report Date Stephanie Ulman TCESL-02 12/19/2006 Jim Henderson 186-11K 12/21/2006 Kevin Janak 02/06/2007 03/06/2007 (revision 2) General Chemical is not engaged in the business of consulting or providing technical, operational or safety advice for a fee. Any such advice provided herein has been furnished as an accommodation and without charge and is made without any warranty of representation as to its completeness, accuracy, fitness for a particular purpose or any other matter. The recipient's use or non-use of such advice is made solely atthe discretion and risk of the recipient. EXHIBIT GE ,�_41=� 03/0912007: middletownFGAlum 12-06-As Genera/ Chemical DELEGATION OF AUTHORITY I, Thomas B. Testa, Vice President and Chief Financial Officer of General Chemical Performance Products LLC, a Delaware limited liability company (hereinafter referred to "GCPP" or as the "Company"), do hereby delegate and appoint the following agents of GCPP to execute all municipal contracts and instruments, including bids, proposals and quotations, which in the ordinary course of business are processed by the Marketing Group of the Company: Christine A. Amato Kim A. Boyer Lisa Brownlee Michael Housel Set forth below is a certified copy of the resolution of the Company authorizing such action. I have hereunto set my hand this 6'' day of October, 2006. Thomas B. Testa Vice President & Chief Financial Officer CERTIFICATE OF SECRETARY I, James Imbriaco, hereby certify that I am the Secretary of GCPP and that set forth below is a true and correct copy of the resolution of the Board of Managers of GCPP, adopted by unanimous written consent as of the I Oh day of November, 2003 and that the same has not been modified or revoked and is on the date hereof in full force and effect: RESOLVED that any officer of the Company be, and he hereby is, authorized to delegate, with the right of further delegation, to any other officer, employee or agent of the Company, all or any part of the authority granted to them by the Board of Managers; and that any such delegations may be general or specific and subject to such limitations and restrictions as the delegating officer shall determine. I FURTHER CERTIFY that Thomas B. Testa is the duly elected Vice President and Chief Financial Officer of GCPP and holds such offices on the date hereof, and that set forth below is the genuine signature of such officer: /11i THomas B. Testa Vice President & Chief Financial Officer I FURTHER CERTIFY that pursuant to Section 3.4 of the Operating Agreement of GCPP dated November 10, 2003, Mr. Testa, in his capacity as Vice President and Chief Financial Officer of GCPP is authorized to represent and bind GCPP in all matters, including, but not limited to, contracts. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 01 day of October 2006. J me briaco retary seal �XH{BI AGE 6 ( /0 Material Safety Data Sheet Liquid Alum 1. PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: Liquid Alum OTHER/GENERIC NAMES: Aluminum Sulfate, aqueous solution PRODUCT USE: Water treatment. Various industrial uses. aeneral Chemical MANUFACTURER: General Chemical, LLG General Chemical Performance Products Ltd. 90 East Halsey Road 277 Lakeshore Road, East, Suite #206 Parsippany, NJ 07054 Oakville, Ontario L6J 1H9 FOR MORE INFORMATION CALL: 800-631-8050 IN CASE OF EMERGENCY CALL: 800-424-9300 US ONLY Customer Service US ONLY (CHEMTREC) (Monday -Friday, 9:00am-4:30pm) (24 Hours/Day, 7 Days/Week) CANADA ONLY 866-543-3896 CANADA ONLY 613-996-6666 (Monday -Friday, 9:00am-4:30pm) Customer Service (24 Hours/Day, 7 Days/Week) (CANUTEC) 2. COMPOSITION/INFORMATION ON HAZARDOUS INGREDIENTS INGREDIENT NAME Aluminum sulfate CAS NUMBER WEIGHT % 10043-01-3 —48.5 Trace impurities and additional material names not listed above may also appear in Section 15 towards the end of the MSDS. These materials may be listed for local "Right -To -Know" compliance and for other reasons. OSHA Hazard Communication Standard: This product is considered hazardous under the OSHA Hazard Communication Standard. 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW: A clear, odorless light green or amber- liquid. Can irritate the skin and eyes. Not flammable, but may release toxic vapors if decomposed in afire. POTENTIAL HEALTH HAZARDS SKIN: May cause skin irritation. EYES: May strongly irritate or bum the eyes. INHALATION: Product mists may cause irritation to the respiratory tract. INGESTION: May irritate the gastrointestinal tract. Concentrated solutions may cause burns to the digestive tract. DELAYED EFFECTS: None known. MSDS Number: GC-2002Page 1 of 7 Current Issue Date: April 10, 2006-�(�i�Qi� PAGE -7 ®� -� MATERIAL SAFETY DATA SHEET Liquid Alum 7. HANDLING AND STORAGE NORMAL HANDLING: (See section 8 for recommended personal protective equipment.) Avoid contact with skin, eyes and clothing. Do not breathe product mists. STORAGE RECOMMENDATIONS: Store in a cool area. 8. EXPOSURE CONTROLS/PERSONAL PROTECTION ENGINEERING CONTROLS: Use local exhaust to keep airborne concentrations below the permissible exposure limits. PERSONAL PROTECTIVE EQUIPMENT SKIN PROTECTION: EYE PROTECTION RESPIRATORY PROTECTION: ADDITIONAL RECOMMENDATIONS: EXPOSURE GUIDELINES General Chemical Wear appropriate personal protective clothing to prevent skin contact. If prolonged or repeated contact is anticipated, all clothing should be impervious to liquid. Wear chemical safety goggles or face shield to prevent eye contact. Do not wear contact lenses. A respiratory protection program that meets OSHA 1910.134 and ANSI Z88.2 or applicable federal/provincial requirements must be followed whenever workplace conditions warrant respirator use. NIOSH's "Respirator Decision Logic" may be useful in determining the suitability of various types of respirators. To identify additional Personal Protective Equipment (PPE) requirements, it is recommended that a hazard assessment in accordance with the OSHA PPE Standard (29CFR1910.132) be conducted before using this product. Eyewash and safety showers are recommended. INGREDIENT NAME ACGIH TLV OSHA PEL OTHER LIMIT Aluminum sulfate (as Aluminum) 2 mg/m" 2 mg — None OTHER EXPOSURE LIMITS FOR POTENTIAL DECOMPOSITION PRODUCTS: None MSDS Number: GC-2002 _ Page 3 of 7 Current Issue Date: April 10, 2006nHlgl-� General emWcal MATERIAL SAFETY DATA SHEET Liquid Alum 12. ECOLOGICAL INFORMATION Aluminum sulfate: 14 ppm/36 hr/ fundulus/fatal/fresh water. 240 ppm/48 hr/mosquito fish/TL,,,/water type not specified. TLC, Mosquito fish, 235 ppm, 96 hours LC50 Largemouth bass, 250 ppm, 96 hours 13. DISPOSAL CONSIDERATIONS RCRA Is the unused product a RCRA hazardous If yes, the RCRA ID number is: D002 (corrosive) waste if discarded? Yes OTHER DISPOSAL CONSIDERATIONS: If permitted by regulations, material may be neutralized with alkali. The information offered in section 13 is for the product as shipped. Use and/or alterations to the product such as mixing with other materials may significantly change the characteristics of the material and alter the RCRA classification and the proper disposal method. 14.TRANSPORT INFORMATION US DOT HAZARD CLASS//PACKING GROUP US DOT ID NUMBER: PROPER SHIPPING NAME: TDG HAZARD CLASS/PACKING GROUP: TDG ID NUMBER: PROPER SHIPPING NAME: 8, PG III UN3264 Corrosive liquid, acidic, inorganic, N.O.S. (contains aluminum sulfate) 8, PG III UN3264 Corrosive liquid, acidic, inorganic, N.O.S. (contains aluminum sulfate) For additional information on shipping regulations affecting this material, contact the information number found in Section 1. 15.REGULATORY INFORMATION TOXIC SUBSTANCES CONTROL ACT (TSCA) TSCA INVENTORY STATUS OTHER TSCA ISSUES: None SARA TITLE III/CERCLA All ingredients listed on the TSCA Inventory "Reportable Quantities" (RQs) and/or "Threshold Planning Quantities" (TPQs) exist for the following ingredients. INGREDIENT NAME Aluminum sulfate (anhydrous) SARA/CERCLA RQ (lb) SARA EHS TPQ (lb) 5000 None MSDS Number: GC-2002 --; Page 5 of 7 Current Issue Date: April 10, 2006 E, XI-fI IT��PAGE `7 Clf,, -1 Genera/ Chemical MATERIAL SAFETY DATA SHEET Liquid Alum 16.OTHER INFORMATION - - CURRENT ISSUE DATE: April 10, 2006 PREVIOUS ISSUE DATE: April 4, 2006 CHANGES TO MSDS FROM PREVIOUS ISSUE DATE ARE DUE TO THE FOLLOWING: Changes made to section 2. OTHER INFORMATION: HMIS: 2-0-1 N FPA: 2-0-1 All information, statements, data, advice and/or recommendations, including, without limitation, those relating to storage, loading/unloading, piping and transportation (collectively referred to herein as "information") are believed to be accurate and reliable. However, no representation or warranty, express or implied, is made as to its completeness, accuracy, fitness or a particular purpose or any other matter, including, without limitation, that the practice or application of any such information is free of patent infringement or other intellectual property misappropriation. The Company providing this MSDS is not engaged in the business of providing technical, operational, engineering or safety information for a fee, and therefore, any such information provided herein has been fumished as an accommodation and without charge. All information provided herein is intended for use by persons having requisite knowledge, skill and experience in the chemical industry. The Company providing this MSDS shall not be responsible or liable for the use, application or implementation of the information, provided herein, and all such information is to be used at the risk, and in the sole judgement and discretion, of such persons, their employees, advisors and agents. This material safety data sheet (MSDS) is offered for your information, consideration and investigation as required by federal hazardous products act and related legislation. MSDS Number: GC-2002 Page 7 of 7 Current Issue Date: April 10, 2006�CHIB1- PAGE-�—©F�- .1