HomeMy WebLinkAbout2011-200 Spec Procurement - Rhodia Inc Chodia
April 28, 2011
Greg Hunter
Water Treatment Plant Supervisor
City of Ashland
90 N. Mountain Ave
Ashland, OR 97520
Dear Greg,
Please consider this formal notification that Rhodia delivered price of$464.50, per ton, for the
Aluminum Sulfate (ALUM) supplied to City of Ashland, will be firm from July 1, 2011 through
June 30, 2012. The price breakdown consists of a freight component of$127.33 per dry ton
and $337.17 per dry ton for the Aluminum Sulfate (ALUM). Rhodia's Aluminum Sulfate
(ALUM) can only be purchased though Rhodia Inc by contacting customer service at 800
642-4200 or by emailing ecocsfax @us.rhodia.com.
If you have any questions concerning this notification, please feel free to contact me at (609)
860-3666.
Very truly yours,
Kurt J. Bitting
Business Manager
Rhodia, Inc., CN 7500, Cranbury, NJ 08512-7500
(609)8604477 Phone-(609)860-2223 Fax
Ra�tJ�(` �f��'€�7I
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GENERAL TERMS AND CONDITIONS
1. Seller will make all reasonable efforts to supply material at the time and day specified by Buyer.
Provided such efforts have been or are being made, Seller shall not be deemed to be in breach of the
Contract for failure to deliver at the specified time or on the specified date.
2. Each shipment shall constitute a separate and independent transaction and Seller may recover for
each such shipment without reference to any other. If Buyer is in default with respect to any terms or
conditions of this contract, then, in addition to any other legal remedy available to Seller, Seller may, at its
option, defer further shipments hereunder until such default be remedied (in which event Seller may elect to
extend the contract period for a time equal to that for which shipments were so deferred), or, Seller may
decline further performance of this contract.
3. In case of a dispute concerning the weight of Product delivered in bulk carload or tank car shipments,
shippers weight,certified to by sworn Weigh-master,shall govern absent manifest error.
4. Determination of the suitability of the Product supplied hereunder for the uses and applications
contemplated by Buyer and others shall be the sofe responsibility of Buyer. All warranties by Seller pertaining
to the Product are expressed in this paragraph. Seller warrants that the Product delivered hereunder meets
AWWA standards. SELLER MAKES NO. OTHER EXPRESS WARRANTIES; THERE ARE NO IMPLIED
WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. BUYER ASSUMES ALL RISK AND LIABILITY FOR ALL LOSS, DAMAGE OR
INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION,
ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM (1) THE USE OF SAID
PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER SUBSTANCES, OR
OTHERWISE(11)THE HANDLING AND DISPOSAL OF THE PRODUCT.
5. No claim of any kind, whether as to Product delivered or for non-delivery of Product, and whether
arising in tort, contract or otherwise shall be greater in amount than the purchase price of the Product in
respect of which such damages are claimed; and the failure to give written notice of claim within thirty (30)
days from date of delivery,or the date fixed for delivery,as the case may be,shall constitute a waiver by Buyer
of all claims in respect of such Product. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION BUYER'S
MANUFACTURING COSTS, LOST PROFITS OR GOOD WILL, REGARDLESS OF THE FORM OR BASIS
OF ANY ACTION.
6. Buyer shall reimburse Seller for all taxes, increases in or new taxes, excises or other charges which
Seller may be required to pay to any governmental authority (national, state, provincial or local) upon, or
measured by, the sale, production, transportation or use of any Product sold hereunder. Unless otherwise
agreed to by Buyer in such credit application, interest on all sums past due from Buyer hereunder shall
accrue and be payable by Buyer at the lesser of the maximum lawful rate and the prime interest rate quoted
by Citibank, N.A., New York, New York, plus 2%.
7. Neither party shall be liable for its faiture to perform hereunder if said performance is made
impracticable due to any circumstances beyond the reasonable control of the party affected, including but not
limited to, acts of God, acts of terrorism, fires, floods,wars, sabotage, accidents, labor disputes or shortages,
plant shutdown, equipment failure,voluntary or Involuntary compliance with any law,order, rule or regulation of
government agency or authority, or inability to obtain material (including power and fuel), equipment or
transportation. The affected party may omit purchases or deliveries during the period of continuance of such
circumstances and the contract quantity shall be reduced by the quantities so omitted. During any period when
Seller shall be unable to supply the total demands for any Product provided for in this contract,whether caused
by the circumstances specified above or otherwise,Seller may allocate any available Product among all buyers
including its own divisions and departments,on such basis as it may deem fair and practical.
8. This Contract constitutes the entire agreement between the parties concerning the subject matter
hereof and there are no understandings, representations or warranties of any kind, express or implied, not
expressly set forth herein. No modification of this Contract shall be of any force or effect unless such
modification is in writing and signed by the party to be bound thereby; and no modification shall be effected by
the acknowledgment or acceptance of purchase order forms containing terms or conditions at variance with
those set forth herein.
Rhodia, Inc., CN 7500, Cranbury, NJ 08512-7500
(609) 860-3666 Phone-(609) 860-2223 Fax
9. Seller's waiver of any breach, or failure to enforce any of the terms and conditions of this contract, at
any time, shall not in any way affect, limit or waive Seller's right thereafter to enforce and compel strict
compliance with every term and condition hereof. The acceptance by the Seller of any payment after the
specified due date shall not constitute a waiver of the Buyer's obligation to make further payments on the
spe�'fied dates.
t�W 10. The Buyye�r air d Seller agree that this Contract shall he deemed to have been made and executed in
e State of-Gall h�Wid7a`nd'Rt any dispute arising under this contract shall be resolved in accordance with the
laws of the State of California excluding any choice of law principles thereof.
11. Seller shall indemnify, defend and hold harmless (the "Indemnifying Party") Buyer, its subsidiaries,
affiliates, their respective officers, directors, employees, agents, and any of them (each an."Indemnified
Party"), from and against any and all liabilities, demands, damages, losses, costs, expenses, including
without limitation attorneys' fees, resulting from the actual or threatened claims of third parties (the
"Claims") to the extent that such Claims are attributable to the breach of this Contract by,or the negligent or
willful misconduct of, the Indemnifying Party. The Indemnified Party shall notify the Indemnifying Party in
writing with reasonable promptness upon the occurrence of any fact or circumstance concerning a Claim
against which the Indemnified Party is indemnified hereunder.The Indemnifying Party shall diligently defend
any such Claim at its expense with counsel of its choice but shall not have the right to settle such Claim
without the prior written consent of the Indemnified Party.
12. Seller shall provide and maintain during.the performance of its work hereunder, insurance as
described below with insurers rated A-, Class VII or better by A.M. Best Company.
A.Workers'Compensation insurance as prescribed by applicable state Workers'Compensation acts to
provide statutory coverage.
B. Employers'Liability insurance to include$1,000,000 limit per employee,$1,000,000 per accident
and$1,000,000 in the aggregate.
C. Commercial General Liability insurance with$2,000,000 per occurrence limit for bodily injury,
property damage, personal and advertisers injury, $2,000,000 aggregate limit for products/completed
operations and a$2,000,000 general aggregate limit. This Commercial General Liability insurance to
include coverage for the hazards of contractual liability and sudden and accidental pollution. This limit can
be achieved through the combination of primary and/or excess liability coverage.
D. Business Automobile Liability insurance including comprehensive third party coverage for injury,
including death and property damage with a combined single limit of$2,000,000 per occurrence including
coverage for owned, non-owned and hired vehicles.This limit can be achieved through the combination of
primary and/or excess liability coverage.
If-requested-by-Buyer-in writing;Seller shall deliver a certificate of insurance evidencing the above
coverage. The certificate shall provide that Seller shall endeavor to notify Buyer with at least thirty(30)days
prior notice of any cancellation or termination of the policies. Seller may either utilize deductibles or
provide coverage excess of a self-insured retention.
13. PRODUCT STEWARDSHIP AUDITS: Seller shall have the right, upon advance written notice to
Buyer and during Buyer's normal business hours,to visit Buyer's facilities to inspect and audit Buyer's
storage,handling,manufacturing, use, health,safety and/or environmental practices and procedures with
respect to the Product delivered hereunder. If Buyer does not promptly remedy any deficiencies in these
practices and procedures reasonably identified by Seller,or, if within 30 days after receiving notification of
deficiency from Seller, Buyer does not present to Seller a written plan to remedy any deficiency which
cannot be remedied promptly,or if Buyer does not comply with its remediation plan,then Seller may
terminate this contract for breach by Buyer. Buyer acknowledges that the foregoing inspection and audit
rights in no way relieves Buyer of any of its obligations hereunder or at law, nor shall Seller be required to
conduct any such inspection and audit."
Product Specifications are attached as Exhibit A.
TERMS: Net cash 30 days from date of invoice.
Rhodia, Inc., CN 7500, Cranbury, NJ 085'12-7500
(609) 860-3666 Phone-(609)860-2223 Fax
SPECIAL CONDITIONS: Title and risk of loss will pass on delivery.
This agreement to become effective when signed and returned by the Buyer within thirty days_of the date of
execution by the Seller. If not signed and returned within thirty days,this proposal Is withdrawn.
BUYER Eco Services
RHQDIA INC.
Name1 Na l� SL�
Signed
I 0C kau' ' Mat k-Qfi McUUt e
Title Title
Date
Date
NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS IN THE BUYER'S
PURCHASE DOCUMENTS, THIS CONTRACT IS MADE SOLELY UPON AND IS CONTINGENT UPON
BUYER'S ACCEPTING, THE TERMS AND CONDITIONS STATED ABOVE THE TERMS AND
CONDITIONS ABOVE GOVERN OVER ANY CONFLICTING TERMS AND CONDITIONS STATED IN
SUCH GENERAL TERMS AND CONDITIONS.
APp{jyOVER p FORM
St a tire
r//a /1 1
Date
e �
Rhodia, Inc., CN 7500, Cranbury, NJ 08512-7500
(609) 860-3666 Phone-(609)860-2223 Fax
Marsh Page I of 2
MEMORANDUM OF INSURANCE DATE
18-Aug-2011
This Memorandum Is Issued as a matter of Information only to authorized viewers for their Internal use only and
confers no rights upon any viewer of this Memorandum.This Memorandum does not amend, extend or alter the
coverage described below.This Memorandum may only be copied, printed and distributed within an authorized
viewer and may only be used and viewed by an authorized viewer for Its Internal use.Any other use,duplication or
distribution of this Memorandum without the consent of Marsh Is prohibited. "Authorized viewer"shall mean an
entity or person which Is authorized by the Insured named herein to access this Memorandum via
http://www.marsh.com/moi?cllent=2064.The information contained herein Is as of the date referred to above.
Marsh shall be under no obligation to update such Information.
PRODUCER COMPANIES AFFORDING COVERAGE
Marsh USA Inc.
("Marsh") Co.A ACE AMERICAN INSURANCE COMPANY
INSURED Co.B SELF INSURED
Rhodia Inc.
CN 7500 Co.0 Alllanz Global Risks US Insurance Co.
Cranbury, New Jersey 08512-7500
United States Co.D National Union Fire Ins. Co. of Pittsburgh, PA
COVERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
CLAIMS.
c0 TYPE OF POLICY NUMBER POLICY POLICY LIMITS
LTR INSURANCE EFFECTIVE EXPIRATION LIMITS IN USD UNLESS
DATE DATE OTHERWISE INDICATED
B GENERAL SELF INSURED O1-ran-2011 01-Jan-2012 GENERAL $6,500,000 SIR
LIABILITY RETENTION AGGREGATE
COMMERCIAL PRODUCTS-
GENERAL LIABILITY COMP OP AGG
PERSONAL AND
DV INJURY
EACH $6,500,000 SIR
OCCURRENCE
FIRE DAMAGE
ANY ONE FIRE
MED EXP(ANY
NE PERSON
A AUTOMOBILE ISA HO 863143-8 01-3an-2011 01-Jan-2012 COMBINED USD 2,000,000
LIABILITY SINGLE LIMIT
ANY AUTO BODILY INJURY
PER PERSON
BODILY INJURY
PER ACCIDENT
PROPERTY
DAMAGE
D EXCESS 15972710 01-Jan-2011 01-ran-2012 EACH USD 5,000,000
LIABILITY OCCURRENCE
OTHER THAN
UMBRELLA FORM AGGREGATE USD
10,000,000
GARAGE AUTO ONLY(PER
LIABILITY ACCIDENT)
OTHER THAN AUTO ONLY:
EACH ACCIDEN
AGGREGATE
A WORKERS WLR C4614088-6 01-Jan-2011 01-Jan-2012 WORKERS COMP Statutory
COMPENSATION/ LIMITS
EMPLOYERS
LIABILITY EL EACH USD 1,000,000
HE PROPRIETOR/ ACCIDENT
PARTNERS/ EL DISEASE- USD 5,000,000
POLICY LIMIT
http://moi.marsh.com/MatsbPortal/PortalMain7 PID=AppMoiPublic&acceptOrReject=acce... 8/18/2011
Marsh Page 2 of 2
EXECUTIVE EL DISEASE- USD 1,000,000
OFFICERS ARE:
INCLUDED EACH EMPLOYEE
C COMMERCIAL CLP3012073 01-Jan-2011 01-Jan-2012 "ALL RISK USE
PROPERTY PROPERTY 25,000,000
DAMAGE AND
BUSINESS
INCOME INCL.
BOILER&
MACHINERY,
FLOOD&
EARTH UAKE
The Memorandum of Insurance serves solely to list Insurance policies, limits and dates of coverage.Any
modifications hereto are not authorized.
MEMORANDUM OF INSURANCE DATE
' 18-Aug-2011
This Memorandum is Issued as a matter of Information only to authorized viewers for their Internal use only and
confers no rights upon any viewer of this Memorandum.This Memorandum does not amend,extend or alter the
coverage described below.This Memorandum may only be copied, printed and distributed within an authorized
viewer and may only be used and viewed by an authorized viewer for Its Internal use. Any other use, duplication or
distribution of this Memorandum without the consent of Marsh Is prohibited. "Authorized viewer"shall mean an
entity or person which Is authorized by the Insured named herein to access this Memorandum via
http://www.marsh.com/mol7client=2064.The information contained herein Is as of the date referred to above.
Marsh shall be under no obligation to update such Information.
PRODUCER INSURED
Marsh USA Inc. Rhodla Inc.
("Marsh") CN 7500
Cranbury, New Jersey 08512-7500
United States
ADDITIONAL INFORMATION
Excess coverage attaches excess of the following limits and/or self Insured retention
USD 1,000,000 EL
USD 2,000,000 AUTO
USD 6,500,000 GENERAL LIABILITY per occurrence and aggregate
Additional Insured and/or loss payee status Is only granted pursuant to a valid, written, current,and signed contract
with Rhodla Inc. which affirmatively grants additional Insured and/or loss payee status. All terms and conditions of
such written agreement shall apply.Additional Insured and/or loss payee status shall not be granted through
purchase orders or electronic Internet orders.All coverages evidenced are subject to the terms, conditions, and
exclusions of the policies noted In the memorandum.
The Memorandum of Insurance serves solely to list Insurance policies,limits and dates of coverage.Any
modifications hereto are not authorized.
http://moi.marsh.com/MarshPortaVPortalMainT PID=AppMoiPublic&acceptOrReject=acce... 8/18/2011
/
CITY OF � TY RECO�D LR Page 1 1
�. '�1S H LAN DATE:'.,,-„:. PO NUMBER--"
20 E MAIN ST. 7/6/2011 10261
ASHLAND, OR 97520
(541)488-5300
VENDOR: 000513 SHIP TO: Ashland Water Treatment Plant
RHODIA INC (541)488-5345
PO BOX 120257 ASHLAND, OR 97520
DALLAS, TX 75312-0257
FOB Point: Req.No.:
Terms: Net 30 days Dept.:
Req. Del.Date: contact: Greg Hunter
Special Inst: Confirming? Yes
'..Quan6 ..Unit.
. .Description ' ,. Unit Price '' �;r Ezt.P,rlce
9.00 Load ALUMINUM SULFATE 5,574.00 50,166.00
9 Loads
4,500 Gallons per load
$464.50 Per ton
Freight component$127.33 per dry ton
and $337.17 per dry ton for Alum.
Special Procurement
Approved by City Council 06/15/2010
Valid until 06/30/2015
SUBTOTAL 50166.00
TILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTALI 50,166.00
ASHLAND, OR 97520
AccounMum
t Numtier. ,. Amount count Nbri r !>'Project Number,670.08. 50 166.00
Au orized Signature VENDOR COPY ,
FORM #3 CITY OF
A rP ue,s for a Piarc�::;.;� f;,:y~;re /� o / ASHLAND
o �
REQUISITION Date of request:
Required date for delivery:
Vendor Name R VA °p 1 A,
Address,City,State,Zip
Contact Name&Telephone Number
Fax Number
SOLICITATION PROCESS
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Written Findings(Form attached) ❑ Invitation td Bid (Copies on file) ❑ Written findings attached
❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached
❑ Small Procurement Cooperative Procurement
Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
Note:Total contract amount,including any Date approved by Council: Contract#
amendments may not exceed$6,000 ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract#
GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract
$5,000 to$100,000 ❑ Quote or Proposal attached Agency
❑ (3)Written quotes attached Contract#
PERSONAL SERVICES Special Procurement ❑ Intergovernmental Agreement
$5.000 to$75.000 ❑ Written Findings(Form attached) Agency
❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract#
El (3)Written proposals attached Date approved b Council: fa'1 r' I o Date approved by Council:
Description of SERVICES Total Cost
i3LANKGT PURL-NAsI_ ORDER FoR -7-1-n 'To
C N L AIYPR VF1) C NTRA T 'T ENS i, -3 6- IS ^12
oU C 1 0 o c o A 0
��'p;�s,4t.t�`y/I�'�°�itL 'r"k ��4,T Y"L'� '1''E-•�`f
i�Md.0..*....r.s'r. �3,.'rFW asr tf at ri�i�l''aii.1•.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
9
10/ADS 145oo GAL LOAD KLUmlNOrn SULV'ATE E574.00 5a166 . °°
TOTALSCOST�4;
Per attached QUOTE k
El E1S�b�lro6 4
�4� ¢tlr1
Project Number_--------_ Account Number___-__•__- -__-_-- Account Number(7o 08.19 .oa.6oiSo0
Account Number -•__-__-_ -__---- Account Number___-__-__- _ _
'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
By signing this requisition form,l certify that the intormation provided above meets the City's public contracting requirements,and the documentation can be provided
upon request.
Employee Signature: Department Head Signature: Vv- cQ-'q.��w�i/
Additional signatures(if applicable):
Funds appropriated for current fiscal year / NO Xa� 7/7,1/
Finance Director Date
Comments:
G FlnancelPmcedurel4PTonsTorm#3-Requisition Updated on:602011