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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 fA E_� 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