HomeMy WebLinkAbout2022-095 PO 20230144- Chem-Aqua, Inc Purchase Order
Fiscal Year 2023 Page:ge: 1 of: 1
ORDE
B City of Ashland
L ATTN: Accounts Payable
20 E. Main Purchase 20230144
L _
Ashland, OR 97520 Order#
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V
H CIO Facilities Maintenance Div
E CHEM-AQUA, INC. I 90 North Mountain Ave
N PO BOX 152170 p Ashland, OR 97520
O IRVING, TX 75015 Phone: 541/488-5358
R • T Fax: 541/552-2304
1=yr-f l�l3.. V -_—^.-•� 1'°Ej� - c3.nrE
--°--- —...-- — -----@--2�:s■..l ! �1-R-_-��s4ia':�=.. J foie*-_�d J _ - --_-
David Arnold _
t �2Ei-I�%E.s. .dcai—..-- - _�_--•_ ad = . 3 ��. a —a.i �•ea-]���-mala_, ---
10/05/2022 7296 _ FOB ASHLAND OR/NET30 City Accounts Payable
_ftffirti _ z..._. .�:..__ --. '�_rs.-__ Er' -E ... - —? = 'illerFrtr
Water Treatment Services
1 On-call Water Treatment Services 1.0 $5,000.00 $5,000.00
Goods and Services Agreement($35,000 or less)
Completion date: 06/30/2023
Project Account:
***************GL SUMMARY***************
088400-602400 $5,000.00
I J Date:
Aut'*'rized gnatu e ;3-ue;r=i. $5,000.00
P
FORM #31 ,706, /` c
. > 4(
A request for a Purchase Order
4 ASHLAND
REQUISITION IQ 6, ,_._,,9 7 it ate of request: ;:9/29/2022._
Required date for delivery:
Vendor Name Chem-Aqua, Inc.
Address,City,State,Zip PO Box 152170, Irving,TX 75015
Contact Name&Telephone Number Jill Butler 360-460-2130/800-527-9921
Email address
SOURCING METHOD
❑ Exempt from Competitive Bidding 0 Invitation to Bid ❑ Emergency
❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization
❑ AMC 2.50 (Attach copy of council communication) 0 Written quote or proposal attached
❑ Written quote or proposal attached _(If council approval required,attach copy of CC)
® Small Procurement ❑ Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by.Council: ❑ State of Oregon
® Direct Award _(Attach copy of council communication) Contract#
O Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington
Date approved by Council: Contract#
_(Attach copy of council communication) 0 Other government agency contract
Intermediate Procurement 0 Sole Source Agency _
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract#
Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement
❑ (3)Written bids and solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency
PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000.
Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by
❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4)
❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council
❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication)
Date approved by Council:
Valid until: (Date)
Description of SERVICES Total Cost
Water Treatment services for FY23 '$15,0,00.00.
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
1 $0 $0.00
$0 $0.00
$0 $0.00
Per attached quotelproposal TOTAL,'COST'
Project Number: -_ _ _ Account Number: 088400-602400 $40.00
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements have been satisfied.
Employee: pave. Pt ir\v\r\ Department Head: ll* Q'.z,'2CiZ.'Z
ual ti or greater than$5,000)
Department ManagerlSupervisor: City Manag r:
(Greater than$3 ,Q00) x
Funds appropriated for current fiscal year: YES /NO _ 1011 (7,
Finance Director-(Equal to or greater than$5,000) Date
Comments:
Form#3-Requisition
Kariann Olson
From: Heather Rodriguez
Sent: Wednesday,October 05,2022 7:06 AM
To: Kariann Olson
Subject: RE:W9 Chem Aqua-for a PO
Vendor#7296 Chem-Aqua is ready for use,
Heather Rodriguez
Accounts Payable
City of Ashland
20 E Main Street,Ashland, OR 97520
(0) 541-552-2010 I (F)541-552-2089
Hours: M-Th 7AM—5:30PM
This email transmissionis official business of the City of Ashland, and is subject to Oregon public records law for
disclosure and retention. If you have received this message in error, please contact me at 541-552-2010. Thank You.
Original Message
From: Kariann Olson<kari.olson@ashland.or.us>
Sent: Friday,September 30, 2022 4:32 PM
To: Heather Rodriguez<heather.rodriguez@ashland.or.us>
Cc: Kariann Olson<kari:olson@ashland.or.us>
Subject:W9 Chem Aqua -for a PO
W9 fora PO.
Thank you; Heather! :)
Kariann Olson 1
Purchasing Specialist
City of Ashland
90 N. Mountain Ave.
Ashland, Oregon 97520
Tel 541-488-5354
Fax 541-488-5320 .
TTY 800-735-2900
kari.olson@ashland.or.us
Visit the City's web site at: www.ashland.or.us
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for
disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you.
Original Message .
From: noreply@ashland.or.us<noreply@ashland.or.us>
Sent: Friday,September 30, 2022 4:50 PM
To: Kariann Olson<kari.olson@ashland.or.us>
Subject: Message from "Electric156"
[EXTERNAL SENDER]
1
'
This E-mail was sent from "Electric156" (IM C3000).
Scan Date:09.30.2022 16:50:02 (-0700) ,
Queries to: noreply@ashland.or.us
}
1
2
GOODS-AND SERVICES AGREEMENT ($35,000 OR LESS)
PROVIDER: Chem-Aqua, Inc.
CITY OF PROVIDER'S
ASH LAN D CONTACT: Jill Butler
20 East Main Street
Ashland,Oregon 97520 ADDRESS: PO Box 152170
Telephone: 541/488-5587 Irving,TX 75015
Fax:• 541/488-6006
PHONE: 800-527-9921
•
This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of
Ashland, an Oregon municipal corporation (hereinafter "City") and Chem-Aqua, Inc., (a domestic/foreign
business corporation) ("hereinafter"Provider"), for water treatment services.
1. PROVIDER'S OBLIGATIONS
1.1 Provide water treatment services for FY23 as set forth in the "SUPPORTING DOCUMENTS" attached
hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the
essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or
extension of such deadline may be authorized except in the same manner as herein provided for authority
to exceed the maximum compensation. The services defined and described in the "SUPPORTING
DOCUMENTS"shall hereinafter be collectively referred to as"Work."
1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance
of all Work received hereunder,a policy or policies of liabilityinsurance including commercial general
liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two
million dollars)per occurrence for Bodily Injury and Property Damage.
1.2.1 The insurance required in this Article shall include the following coverages:
• Comprehensive General or Commercial General Liability, including personal injury,
contractual liability,and products/completed operations coverage; and
• Automobile Liability.
{ 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a"claims made" form, and
shall:
• Name as additional insured "the City of Ashland, Oregon, its officers, agents and
employees" with respect to claims arising .out of the provision of Work under this
Agreement;
• Apply to each named and additional named insured as though a separate policy had been
issued to each,provided that the policy limits shall not be increased thereby;
• Apply as primary coverage for each additional named insured except to the extent that two
or more such policies are intended to "layer".coverage and, taken together, they provide
total coverage from the first dollar of liability;
• Provider shall immediately notify the City of any change in insurance coverage
• Provider shall supply an endorsement naming the City, its officers, employees and agents
as additional insureds by the Effective Date of this Agreement; and
• Be evidenced by a certificate or certificates of such insurance approved by the City.
Page 1 of 6: Goods and Services Agreement between the City of Ashland and Chem-Aqua,Inc.
1
1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS
656.017, which requires subject employers to provide workers' compensation coverage for all of its
subject workers.
1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status,
familial status or domestic partnership, national origin, age, mental or physical disability, sexual
orientation, gender identity or source of income, suffer discrimination in the performance of this
Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees
not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned
business, a business that a service-disabled veteran owns or an emerging small business enterprise
certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110.
1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under
this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.
1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46or more, Provider is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined
in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who
performs 50% or more of the Work under this Agreement. Provider is also required to post the notice
attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees.
1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be
provided hereunder without the prior written consent of the City. Any attempted assignment or
subcontract without written consent of the City shall be void. Provider shall be fully responsible for the
acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval
by the City of any assignment or subcontract shall not create any contractual relation between the assignee
or subcontractor and the City.
2. CITY'S OBLIGATIONS
2.1 City shall pay Provider the hourly rates effective 8/18/2022 as specified in the SUPPORTING
DOCUMENTS.
2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed
the sum of$5,000 (this is maximum, not to exceed amount of ENTIRE Agreement) without express,
written approval from the City official whose signature appears below, or such official's successor in
office. Provider expressly acknowledges that no other person has authority to order or authorize
additional Work which would cause this maximum sum to be exceeded and that any authorization from
the responsible official must be in writing. Provider further acknowledges that any Work delivered or
expenses incurred without authorization as provided herein is done at.Provider's own risk and as a
volunteer without expectation of compensation or reimbursement.
3. GENERAL PROVISIONS
3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from
Provider and is free to procure similar types of goods and services from other providers in its sole
discretion.
Page 2 of 6: Goods and Services Agreement between the City of Ashland and Chem-Aqua,Inc.
3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose.
3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability
insurance,paid leave, and retirement.
3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject
matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties,
whether written or oral.
3.5 This Agreement may be amended only by written instrument executed with the same formalities as this
Agreement.
3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement:
ORS 279B.220,279B.230 and 279B.235.
3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws
principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the
Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court,
in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party
expressly waives any and all rights to maintain an action under this Agreement in.any other venue, and
expressly consents that, upon motion of the other party, any case may be dismissed or its venue
transferred, as appropriate,so as to effectuate this choice of venue.
3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents
from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses
of any nature resulting from, arising out of, or relating to the negligent activities of Provider
or its officers, employees, contractors, or agents under this Agreement.
3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance
caused by acts of God, strikes,lockouts, accidents, or other events beyond the control of the other or the
other's officers, employees or agents.
3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable,,
such provision shall not affect the other provisions, but such unenforceable provision shall be deemed
modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the
intent of Provider and the City set forth in this Agreement.
3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the
Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the
Goods by the City. Provider remains liable for latent defects,fraud, and warranties.
3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require
Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider
does not cure any defects within a reasonable time, the City may reject the Goods and cancel this
Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its
(UCC).
ter
rights under the Uniform Commercial Code, ORS Chapter P ( )•
3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the
manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from
defects in labor,material and manufacture.Provider shall transfer all warranties to the City.
Page 3 of 6: Goods and Services Agreement between the City of Ashland and Chem-Aqua,Inc.
•
4. SUPPORTING DOCUMENTS
4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are
collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:"
• The Provider's complete written Proposal dated August 18;2022.
4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually
complimentary and supplementary wherever possible. In the event of a conflict which cannot be so
resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of
the SUPPORTING DOCUMENTS. In the event ,of conflict between provisions of two of the
SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order
listed in Article 4.1.
5. REMEDIES
5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the
remedies available to it under this Agreement and at law or in equity, including, but not limited to:
5.1.1 Termination of this Agreement;
5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled
completion dates or any Work that have been delivered inadequately or defectively;
5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or
injunctive relief;
5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue
any remedy or remedies singly, collectively, successively or in any order whatsoever.
5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or
for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay
immediately any excess to City upon written demand provided.
6. TERM AND TERMINATION
6.1 Term
This Agreement shall be effective from the date of execution on behalf of the City as set forth below
• (the "Effective Date"), and shall continue in full force and effect until June 30, 2023, unless sooner
terminated as provided in Subsection 6.2.
•
6.2 Termination
6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time.
6.2.2 The City may, upon not less than thirty (30) days' prior written notice,terminate this Agreement
for any reason deemed appropriate in its sole discretion.
6.2.3 Either party may terminate this Agreement,with cause, by not less than fourteen (14) days' prior
written notice if the cause is not cured within that fourteen (14) day period after written notice.
Such termination is in addition to and not in lieu of any other remedy at law or equity.
7. NOTICE
Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in
writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or
by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the
address set forth below:
If to the City:
Page 4 of 6: Goods and Services Agreement between the City of Ashland and Chem-Aqua,Inc.
City of Ashland—Facilities Maintenance Department
Attn: David Arnold
20 E.Main Street
Ashland, Oregon 97520
Phone: (541) 552-2292
With a copy to:
City of Ashland—Legal Department
20 E.Main Street
• Ashland, OR 97520
Phone: (541)488-5350
If to Provider:
Chem-Aqua,Inc.
Attn: Jill Butler
800-527-9921
8. WAIVER OF BREACH
One or more waivers or failures to object by either party to the other's breach of any provision,term,condition,
or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether
or not of the same nature.
9. PROVIDER'S COMPLIANCE WITH TAX LAWS
9.1 Provider represents and warrants to the City that:
9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply
with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316,317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to
Provider; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.1.2 Provider,for a period of no fewer than six(6) calendar years preceding the Effective Date of this
Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to
Provider; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any
political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further,
any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of
this Agreement. Any material breach of this Agreement shall entitle the City to terminate this
Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity.
Page 5 of 6: Goods and Services Agreement between the City of Ashland and Chem-Aqua,Inc.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
CITY OF ASHLAND: Chem-Aqua,Inc. (PROVIDER):
By: � By: rc ca
ire Signature
Seal- FUEl)2ac Henrik Ingvardsen
Printed Name Printed Name
PlseCt OtVeC _ Vice President
Title Title
at.2z,. zpaL September 21, 2022
Date Date
(W-9 is to be submitted with this signed Agreement)
Purchase Order No.
Approved as to Form with Modification to 3.8
DA/1M
Douglas M McGeary
Acting City Attorney
Page 6 of 6: Goods and Services Agreement between the City of Ashland and Chem-Aqua,Inc.
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Water Treatment Proposal
1.1
Mr. David Arnold
City of Ashland
Ashland, OR
TM
.. ,. . : , _ ,,, , ,,, . ... „_:,.:,,,, ,,,
CHEM-AQU
, . ..., ..
An NCH Company
J
CCHEM-AQUA
An NCH Company
August 18, 2022
CITY OF ASHLAND
90 N MOUNTAIN AVE
ASHLAND, OR 97520
Subject: Water Treatment Proposal
Dear Dave Arnold:
Thank you for the opportunity to present our water treatment recommendations and proposal.
Chem-Aqua is committed to providing effective programs. Based on the information gathered, our
recommendations are tailored to help you protect your critical water systems, promote safe and reliable
equipment operation, and reduce the total cost of operation.
Chem-Aqua is well qualified to provide solutions to waterside problems and help improve efficiencies.
We recognize that water treatment is a partnership and good results;require more than just adding
chemicals and testing the water. Our range of products, equipment, and services allow us to provide an
effective program for any operation.
If you have any questions or need additional information, please let me know. Thank you for your time
and consideration.
Sincerely,
9#4..
Jill Butler
Water Treatment Consultant
Chem-Aqua
(360) 460-2130
jill.butler@chemaqua.com
Chem-Aqua,Inc. • P.O.Box 152170 • Irving,Texas 75015 • 1-800-527-9921 • Fax 972-438-0634 • www.chemaqua.com
CCHEMWAQUA
CITY OF ASHLAND
An NCH Company August 18,2022
Closed System Product Descriptions
Heating/Cooling System: Heating/Cooling System Scenario
Products
CHEM-AQUA 51999 (CW)
CHEM-AQUA 51999 is,a liquid nitrite based inhibitor formulated to provide effective multi-metal corrosion
control in recirculating closed heating and cooling water systems. CHEM-AQUA 51999 is a buffered product
designed to maintain an alkaline pH. It includes a dispersant to help control deposits on heat exchange
surfaces. CHEM-AQUA 51999 contains no molybdate and is compatible with glycol based antifreezes.
PROTHERM 720 TECH GRADE,5 GL, US GEN
Chem-Aqua,Inc. • P.O.Box 152170 • Irving,Texas 75015 • 1-800-527-9921 • Fax 972-438-0634 • www.chemaqua.com
CCHEM-AQUA
CITY OF ASHLAND
An NCH Company August 18,2022
Closed System Equipment Summary
Heating/Cooling System: Heating/Cooling System Scenario
Equipment List
The following equipment is recommended for your water treatment program.
Hot Loop
Equipment Description. Equipment Code Quantity.
EBYFF3071 CLOSURE LID,3 1/2"1/4 TURN/HD/SERIES J.L.WINGERT 3071 12046607 1
Filter Cartridge,Melt Blown(2-1/2 x 9-7/8"),Shelco MB10-10. 10 Micron.Max 140F.24 Per Case. 12062979 1
Chem-Aqua,Inc. • P.O.Box 152170 • Irving,Texas 75015 • 1-800-527-9921 • Fax 972-438-0634 • www.chemaqua.com
CITY OF ASHLAND
CCHEM"AQUA August 18,2022
An NCH Company
Services Program
Service is one of the most important aspects of our work. The economics and technical success of any
treatment program depends not only upon chemical and equipment selection, but also how well the
program is managed. Your Chem-Aqua program includes a wide range of value added services that
will enhance the results you receive from your water treatment program and help ensure you achieve
operational cost savings.
Routine Service Visits
Initially, site service visits will be provided as often as necessary to ensure that the conversion to Chem-
Aqua goes smoothly and all water treatments systems are functioning properly. Thereafter, regular
service visits will be provided as agreed upon. Routine service visits include:
• Onsite analysis of system waters and interpretation of test SSR ?.___...
results. `
sR
• Inspection of water treatment equipment with calibration and =� :.. e��s� °�
troubleshooting as necessary. MEMEMMOIu'
• Review of operator test logs and discussion with plant ®�®®
� a�®®ems . �.
personnel ° "
• Inventory of chemical products.
• On-site training of plant personnel as required.
• Documentation on our SMART FSR reporting system with
results reviewed with appropriate contacts and emailed to
designated personnel
Should you need us outside of our normal service visits,just call us. We will be there.
MyChemAqua Portal
Site service visits, laboratory analyses, operator testing, and online =online Reporting and :J�
controllers generate large amounts of data that can be difficult to Data Analytics Pte-
understand and use. The MyChemAqua portal delivers actionable, Gam'
site-specific information that enables you and your local Chem-Aqua
Representative to streamline management of your water treatment 0
---
program data. It includes dashboard analytics to help provide
meaningful insights to confirm your programs are on track and a o
identify weaknesses that need improvement. With quick, easy V _
access to program documents, service data, and predictive analytics,
you can quickly monitor multiple locations anytime, anywhere, as � "" "—
long
—long as there is internet access.
Chem-Aqua,Inc•P.O.Box 152170•Irving,Texas 75015•1-800-527-9921 •Fax 972-438-0634•www.chemaqua.com
CITY OF ASHLAND
CCHEMAQUA August 18,2022
An NCH Company
Specialty Maintenance Services
Our Chem-Aqua Services division was formed to provide _ x� ", gF.
our customers with the specialty maintenance services '=M e„
: .. Ilk`
theyneed to keeptheir water systems operating at peaki,- , a-
.
efficiency with minimal cost, time, and effort. All services IN ,� ger�_
are performed by well-trained, safety conscious - s, _
technicians following industry recognized procedures. Our . -'7 .:- --'-`
Chem-Aqua Services offering includes cooling tower "`-"y . ._'` "''
system cleaning and disinfection, air handler coil cleaning
and UV disinfection equipment, and new system
commissioning
SMARTLink®Delivery Services
Our SMARTLink Services provide our customers with chemical _
delivery services tailored to their needs. With SMARTLink, your �_ ti _ i
chemicals will be delivered on lift-gate equipped truck safety- r,, ; `'�w`-`�
9by Y •tl trained Chem-Aqua personnel familiar with your site's unique 2.? 05111.„--_,:_'.;_-.,.,
requirements. With our Point-Of-Use Service, your chemicals will be -
delivered to the point-of-use and empty Chem-Aqua drums removed ` = � - �p a
for proper disposal.
With our Hands-Free Delivery Service, your treatment chemicals - /, ----!"-=
are transported to the point-of-use, transferred into SMARTFeed --�., # t`•a ., ,
tanks, and the empty shipping containers removed. Along with
feed equipment that adds chemical directly from the storage tanks -.-4,„ ”' - o'°1 •i6 _-_` ,
into the treated systems, this service virtually eliminates direct .. ` I 3,
1/gig..
contact with treatment chemicals. Our SMARTLink Delivery `7 ' 4 'm
Services provide manycost savingbenefits includingsimplified ,- • — =' > .
chemical handling, reduced workplace hazards, and reduced r- -
environmental concerns. , -ey p
L Chem-Aqua University
Chem-Aqua is committed to providing our customers with a high level
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of training. In addition to one-on-one operator trainingand on-site
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training seminars, all customers are eligible for enrollment in Chem- /7 , \
Aqua University, our online e-Learning platform. V�
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Chem-Aqua Universityprovides "just in time"trainingwith proficiency �—
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testingand results trackingon a range of water treatment topics. This 4
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training allows site personnel to learn more about water treatment on - , ,
their own schedule and enables them to be a more effective partner.
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Chem-Aqua,Inc•P.O.Box 152170•Irving,Texas 75015•1-800-527-9921 •Fax 972-438-0634•www.chemaqua.com
CITY OF ASHLAND
tCHEM-AQUA August 18,2022
An NCH Company
Analytical Services
A wide range analytical services are available with your Chem- r' ' ; y_ v")-!
Aqua program to help prevent, diagnose, and solve water '' .
treatment problems. v ,- ;^
Our analytical laboratories use state-of-the-art instrumentation t k' , +
and employ a staff of experienced professionals to perform
routine and complex water, deposit, corrosion, and 9 1\:IS E. i
microbiological analyses. Corrosion coupon analysis, on-site o �,{:A,
microbiological testing, and other specialty testing services are 4'�,: ;b��I
also available for monitoring systems treated by Chem-Aqua. i {' '`�f'" `' "
Chem-Aqua,Inc•P.O.Box 152170•Irving,Texas 75015 1-800-527-9921 •Fax 972-438-0634•www.chemaqua.com
CCHEMAQUA CITY OF ASHLAND
August 18,2022
An NCH Company
Program Economics
This water treatment program quotation is based on the operating parameters and makeup water analysis for
the systems defined in this proposal, and the maintenance of the recommended cycles of concentration
and/or closed system water loss rates.
Fixed Cost Agreement
Your Chem-Aqua water treatment program is designed to maximize system life, efficiency, and reliability and
reduce the total cost of operation. In order to simplify budgeting and minimize the administrative costs
associated with chemical ordering, inventory, and management,we propose a fixed price agreement for the
water treatment program outlined in this proposal:
Price Per Billing $215.00 Agreement Terms 12
Number of Billings 12 Start Date 9/1/2022
Annual Price $2,580.00 End Date 8/31/2023
Total Agreement Price $2,580.00
Pricing does not include any applicable taxes. Chem-Aqua is not responsible for excessive chemical usage
due to failure to maintain target cycles of concentration or close system water loss rates exceeding proposal
estimates.
Services
A wide range of services are included that will enhance the results you receive from your water treatment
program and help ensure you realize operational cost savings. See the Service Program section for additional
information. Some of the key services include:
Service Visits Monthly
MyChemAqua Portal Included
Chem-Aqua,Inc. • P.O.Box 152170 • Irving,Texas 75015 • 1-800-527-9921 • Fax 972-438-0634 • www.chemaqua.com
C CHEM-AQUA CITY OF ASHLAND
August 18,2022
An NCH Company
Terms and Conditions
Order Approval and Acceptance: All orders are subject to approval and acceptance at Chem-Aqua's office.
The quoted prices are subject to acceptance within 30 days of this quotation date, and may change without
notice after that time. Orders received within this period will be invoiced at the quoted figure provided delivery
is accepted within 6 months of Chem-Aqua's receipt of the order. When delivery is required by the client after
the 6 month period (unless because of Chem-Aqua's inability to make delivery) prices will be those prevailing
at the time of shipment.
Taxes and Freight Charges: Unless specifically quoted otherwise, all Chem-Aqua prices are F.O.B. shipping
point, freight prepaid and add. Quoted prices do not include any applicable sales taxes or other charges
levied by the government of the United States, any State, County, or local government body. Such levies, or
charges, are to be paid by the Buyer.
Invoice Payment Terms: Terms are net 10 days and prices do not include any applicable sales taxes unless
otherwise agreed upon. Customers with unpaid invoices after 90 days will be subject to interest at the rate of
12% per annum and to being placed on credit hold status until payment verification is made. Orders pending
may be released at office or accounting manager discretion.
Equipment and Installation: Where equipment is proposed, the quotation includes only that equipment
specifically listed. No wiring, piping, fittings or installation costs are included except as noted.
Warranty and Return: Materials sold a're warranted to be free of defects in composition or workmanship for a
period of one year from the date of purchase. All other warranties,whether expressed or implied, are
excluded. Upon inspection and instructions by the Buyer, defective materials may be returned to Chem-Aqua.
If found to be defective such goods will be replaced or repaired by Chem-Aqua. Chem-Aqua shall not be liable
for any loss or damage arising from the use of such materials, either direct or consequential. The exclusive
remedy against Chem-Aqua shall be that of replacement of defective materials.
Any chemical product provided to the customer becomes the property of the customer once the chemical
container is opened, or a stored chemical exceeds its expiration date. Chemical containers used in the
management of the customer's water treatment system become the property of the customer. In addition, spill
residue or spill cleanup materials of chemicals accidently or inadvertently released at the customer's facility
become the property of the customer. Unopened chemicals within their expiration date may be returned to
Chem-Aqua, Inc. upon approval, however, shipping will be the responsibility of the customer and there will be
a restocking charge. For return of merchandise ordered in error, or that is not wanted for any reason, there will
be a 20% restocking charge for full resalable drums of chemicals if prepaid to Chem-Aqua plant; a 25%
restocking charge if not prepaid. All returns claims for errors, or adjustments of any kind must be made within
15 days after receipt of goods.
Delivery and Losses: Chem-Aqua will make reasonable efforts to provide the quoted materials and services
promptly and on a schedule required by the Buyer and/or estimated by Chem-Aqua. Chem-Aqua shall not be
liable for losses, either direct or consequential, caused by delays in delivery resulting from labor disputes,
shortage of raw materials, inability of suppliers to deliver or perform, losses or delays or damages while in the
hands of a common carrier, fire, flood, riot, insurrection, and acts of God, or any other cause beyond the
control of Chem-Aqua.
Right to Cure: Buyer shall give Chem-Aqua written notice specifying any performance deficiencies and allow
Chem-Aqua a meaningful opportunity of no less than 90 days to correct prior to taking actions adverse to
Chem-Aqua.
Responsibilities: Buyer agrees to permit Chem-Aqua reasonable access to its premises and the system to
allow Chem-Aqua personnel to perform their services. Buyer agrees to follow the recommendations provided
by Chem-Aqua on the water treatment program and to maintain the necessary feed and control devices to
insure proper application and functioning of the water treatment chemicals. Buyer will purchase or otherwise
provide and install the required equipment. Chem-Aqua will provide assistance for the installation, if requested
by Buyer.
Chem-Aqua,Inc. • P.O.Box 152170 • Irving,Texas 75015 • 1-800-527-9921 • Fax 972-438-0634 • www.chemaqua.com
C CHEM-AQUA CITY OF ASHLAND
August 18,2022
An NCH Company
Buyer agrees to perform routine cleaning of the treated water systems as recommended by equipment
manufacturer or industry guidelines. Buyer agrees to perform maintenance and repairs of equipment as
recommended by equipment manufacturer or mechanical contractor. If repairs to the system are required to
permit Chem-Aqua's products to effectively protect Buyer's equipment, Buyer agrees to cause such repairs to
be made at its expense. Buyer agrees to provide complete and accurate system data. Buyer agrees to inform
Chem-Aqua of modifications to the system or any design elements in the system such as dead legs that would
affect the flow of water through the equipment.
Chem-Aqua has no responsibility for damages to the system or conditions such as scale or corrosion, which
existed prior to the start of the Water Treatment Program, or for damages due to customer's failure to properly
operate, maintain or repair equipment.
Chem-Aqua's treatment of biological growth is for the purpose of reducing the risk of that growth causing
damage to the equipment, or otherwise interfering with the operation of the system, and is not meant to
protect against health risks from exposure to biological growth. Unless expressed in writing through an
agreement signed by an authorized representative of Chem-Aqua, Inc., Chem-Aqua's services do not include
Legionella Risk Assessments, Legionella Risk Management Programs, or services relating to Legionella Risk
Management beyond normal minimization of biological fouling.
In the event Chem-Aqua fails to comply with any of Buyer's insurance requirements,whether imposed by
contract or otherwise, Buyer's sole remedy shall be termination of purchases from Chem-Aqua.
Exceptions:All orders are accepted solely on the basis of the above terms and conditions, regardless of
contrary conditions set up in Buyer's purchase order, unless exceptions are clearly stated in writing and
signed by an officer of Chem-Aqua.
Indemnification: Each Party, by the execution and delivery of this Agreement, expressly indemnifies the other
Party with respect to any and all liabilities, costs, including reasonable attorneys'fees, losses, claims,
demands or judgments arising from or as a consequence of the actions, inactions or other activities of the
indemnifying Party performed, or which the indemnifying Party has failed to perform, under or pursuant to this
Agreement. The indemnifying Party, at the sole cost and expense of that indemnifying Party, will assume and
will thereafter defend, utilizing legal counsel and other consultants who are specifically approved, in advance,
by the Party being indemnified, any lawsuits or other litigation which is instituted or filed against the
indemnified Party, or where the indemnified Party is subsequently impleaded or joined, by reason of such
actions, inactions or other activities by or on the part of the indemnifying Party.
Assignment:This agreement cannot be assigned by either party without the prior written consent of the other,
except to an affiliate or to a successor by merger, consolidation or purchase of substantially all the party's
assets.
Chem-Aqua,Inc. • P.O.Box 152170 • Irving,Texas 75015 • 1-800-527-9921 • Fax 972-438-0634 • www.chemaqua.com