HomeMy Public PortalAbout037-2013 - Sanitary - General Chemcial Corp - Liquid Aluminum S^`"`E"M"` ORIGINAL
THIS AGREEMENT made and entered into this _U± day ofio� _ , 2013, by
and referred to as Contract No. 37-2013 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., 90 East Halsey Road,
Parsippany, NJ 07054 (hereinafter referred to as the "Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for the purchase and delivery of liquid Aluminum Sulfate to City's
Wastewater Treatment Plant (W WTP) and transfer to the Sanitary District's bulk storage tanks.
A Request for Quotes dated January 23, 2013 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 February 6, 2013, consisting of four (4) pages, and is hereby incorporated by
reference and made a part of this Agreement. Contractor shall provide all items 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 performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11 (a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION IL . 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 Four Hundred Twenty -Nine Dollars and Ninety
Cents ($429.90) per dry ton of liquid Aluminum Sulfate, delivered.
Contract No. 37-2013
Page 1 of 6
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective April 1, 2013 and shall continue in effect until March 31,
2016.
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 &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Statutory
$100,000
Page 2 of 6
Section 1. Bodily Injury
Section 2. Properly Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,.000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $I,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 Iaw and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance .with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
Page 3 of 6
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged
in investment activities in Iran. In the event City determines during the course of this
Agreement that this certification is no longer valid, City shall notify Contractor in writing of
said determination and shall give contractor ninety (90) days within which to respond to the
written notice. In the event Contractor fails to demonstrate to the City that they Contractor has
ceased investment activities in Iran within ninety (90) days after the written notice is given to
the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-
16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in -the
manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be
in breach of this Agreement and-tenninate the agreement upon the expiration of the ninety
(90) day period set forth above.
SECTION IX. 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:
I. 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;
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
Face, religion, color, sex, national origin or ancestry;
3. 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
4. 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.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
Page 4 of 6
SECTION X. 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 XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither parry may assign or delegate any of
its rights or obligations hei'eurtder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other parry, 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 additiorr 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 5 of 6
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 PERFOkWNCE
INDIANA by and through its PRODUCTS LLC.
Board of Sanitation Commissioners
By:
Sue Miller, President
Printed: PARUL KkCffiA-PAYEE
Title: MARKETING SPEGIALIST
Gil Klose,, Vice President
Date: Ai"M 20, 2013
eg , Member
Date: —� 'I -.)-- �1
y��Z
Sarah L. Hutton, Mayor
Date: 1
Page 6 of 6
PRICE REQUEST
u °
CTff OF WCHMOND
DEPART1v1 1rr OF SANITATION
2380LIBER1YAVOgUE-MCE O`D BgD'ANA47374
PTjrWP (765) 983 74S&FAX(765) 962-2669
THIS IS NOT AN ORDER
11ENI)OR
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
General Chemical Corp.
attached hereto. This Is NOT an order and the City reserves
the: right to accept all or part, or decline the entire proposal.
90 East Halsey Road
Please complete your full name and phone number below
Parsippany, NJ 07054-0395
with signature: itemize all prices and charges where
requested; and attach any explanation for any substitution to
in of
specifications altered. Return In a scaled envelope, care
Richmond Sanitary district Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DELIVERY REQUIRED,
DATE, �FEBRUARY
1N BY; PAYMENT TERiVIS.
JANUARY 23, 2013�R�EKY
12, 2013 UPON RECEIPT OF INVOICE DELIVERED
This is a request for quotes, valid for Three Year (starting approximately 4/1/2013 and ending March 31, 2016) for the
Listed items:
Liquid Aluminum Sulfate
Liquid Chlorine (Cl2)
Sulfur Dioxide (S02)
Quotes Valid Until: IMRCH 31, 2016
Return this sheet in a sealed envelope addressed to:
Questions? Cali Karen Rodenburg, 766-983-7480.
STATE TAX EXEMPTION # 003121909-001
See Attached Specifications & Sid Sheet
See Attached Specifications & Bid Sheet
See Attached Specifications & Bid Sheet
Richmond Sanitary District
Denise Johnson, Customer Svc Mgr
2380 Liberty Avenue
Richmond, IN 47374
RE: Chemical Quotes
NAME 9FJIRIMI QUOTING:
1R'siELCAL PSRk�ORi`4A�GE PROB>TCTS LLC
AUTHO=ED BY SIGNATUAG
PARtrL R cum-•PATEL MARK=G SPECr1kUST
TITLE
MWARY 6, 2033
Rich nd S nitary�Distrr�ict�' DATE
Soo 631 8050
PHONE NUMBER
EXHIBIT- .4 PAGE ! OF
PROPOSAL SHEET FOR
LIQUID ALUMINUM SULFATE
(Al2(804 )3 14 1-120)
DESCRIPTXOI,T
PRICE
Estimated 250,000 +/- gallons of Aluminum Sulfate per year $429.90 1d ry 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 bulls 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 attach a MSDS sheet upon delivery of the product.
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 three (3) year period oftime after award of quote (approximately 411/13
to 3131116). If emergencies occur with Vendor's manufacturer and/or manufacturing of
the product, the Vendor will be held responsible for providing product to the District at
quoted price.
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
beheld responsible for any charges. Vendor is to supply experienced/safe drivers and
equipment.
Vendor l to state delivery time after receipt of order 1-2 DAYS AMER MCEIPT on ORDR
FBBRiTAItY 6, 2073
Authorized Signature
PARUL KACHUA-PAM.- H&PJ=G SPECTALIST
Contact Person
GKffMA7. CIMICAL PERFORMANCE PRODUCTS LLC
Company Name
FXHfBIT PAtaE a OF 4
Date
800 631 8050
Phone Number
u
v
General
cheRWRII
N1121W Challimis Group 90 Esisl Halsey Road
I'livsIppilnr, NJ 070-14
Tel: 973-5I5-09011
Iran: 973-5I5--1461
LIQUID ALUMINUM SULFATE
General Chemical Performance Products certifies that all grade of Aluminum
Sulfate as produced by our manufacturing locations will meets. National Sanitation
Foundation Standard 50 and ANST/AWWA B 403-09 standard in every respect.
Material Safety Data Sheet, NSF Certification and related technical information is
attached for review.
Parul Kachhia-Patel
Marketing Specialist
1
EXH1131T L4 PAGE 3 OF �
9
WHIM- TM SPECMCATTON FOR
LIQUID ALUMINUM SULFATE
(Al.2(SO4 )314 H20)
Bidder Com lla ies_
Liquid Aluminum Sulfate shall contain water-soluble YES NO
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 Aluminium
Sulfate (B403-88). The product shall be analyzed for metals x
(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 x
delivery from 7:30 am to 1:30 pin, Monday through
Friday (unless Holiday). The District orders will be for
approximately 4,000 gallons each. The District shall have
the fight to require a small sample from each load for
laboratory purposes.
EXHIBIT 1q PAGE