HomeMy WebLinkAboutReso 68-2020 (20-349)File Number: 20-349
City of South San Francisco
City Council
Resolution: RES 68-2020
P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
Enactment Number: RES 68-2020
RESOLUTION APPROVING PURCHASE AGREEMENTS FOR
THE FURNISHING BULK PROCESS CHEMICALS AT THE
WATER QUALITY CONTROL PLANT FOR FISCAL YEAR
2020-21; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY AGREEMENTS.
WHEREAS, the City of South San Francisco uses bulk chemicals in its operation of the South San
Francisco -San Bruno Water Quality Control Plant; and
WHEREAS, Section 4.04.040 of the South San Francisco Municipal Code (SSFMC) authorizes the City
to take advantage of valid contract terms that have been negotiated by another governmental agency,
where that agency had used a quote or bid process substantially conforming with SSFMC Chapter 4.04
and State law; and
WHEREAS, the City of South San Francisco joined the Bay Area Chemical Consortium (BACC) in
2012 to obtain the lowest possible pricing through joint leveraged purchasing; and
WHEREAS, the BACC conducted a competitive bid process for bulk purchase of numerous chemicals
for fiscal year 2019-20; and
WHEREAS, the lowest responsive bids for the chemicals to be purchased through the BACC were
Univar USA, Inc. for sodium bisulfite; Univar USA, Inc. for sodium hypochlorite; and Thatcher
Company of California for ferric chloride; and
WHEREAS, as a member of the BACC, the City of South San Francisco is entitled to purchase bulk
chemicals from the BACC's low bidders at the bid prices stated above; and
WHEREAS, due to the COVID-19 health emergency, the BACC negotiated to extend pricing with the
previous fiscal year's low bidders; and
WHEREAS, the BACC no longer facilitates the bidding process for polymer and agencies must facilitate
this process individually; and
WHEREAS, City staff negotiated with Polydyne, Inc., and that entity has agreed to discount pricing for
twelve months for: SNF/Polydyne for WE -527 Polymer (solids dewatering) and SNF/Polydyne for
WE -984 Polymer (enhance primary treatment); and
City of South San Francisco
File Number: 20-349
Enactment Number: RES 68-2020
WHEREAS, staff recommends the City enter into purchase agreements attached hereto and incorporated
herein as Exhibits A, B and C, respectively with Univar USA, Thatcher Company of California, and
Polydyne, Inc. through fiscal year 2020-21, for the respective process chemicals identified above.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco
hereby approves purchase agreements attached hereto as Exhibits A, B and C and incorporated herein:
Draft Univar USA, Inc. for Sodium Bisulfite and Sodium Hypochlorite (`Exhibit A")
Draft Thatcher Company of California for Ferric Chloride ("Exhibit B")
Draft SNF/Polydyne for WE -527 Polymer and WE -984 Polymer ("Exhibit C")
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the purchase
agreements in substantially the same form as in Exhibits A, B and C, conditioned on timely execution by
each vendor of the agreement and submission of all required documents and conformance with
requirements related to the BACC Chemical Requirements for the fiscal year 2020-21 bid package, and
subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED the City Manager is hereby authorized to take any other action necessary
to further the intent of this resolution.
At a meeting of the City Council on 5/27/2020, a motion was made by Councilmember Nagales, seconded by
Councilmember Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by `
X4IV Rosa ddvea Acosta, City Clerk
City of South San Francisco
-1-
CONTRACT PURCHASING AGREEMENT
FOR THE PURCHASE OF
SODIUM HYPOCHLORITE SOLUTION AND SODIUM BISULFITE SOLUTION
THIS AGREEMENT is made this 10th day of June, 2020, by and between the City of South San
Francisco, California, hereinafter called the "CITY" and Univar USA Inc., 8201 South 212th Street,
Kent, Washington, 98032-1994 hereinafter called the "SELLER", at South San Francisco, County of
San Mateo, State of California.
WHEREAS, THE City has determined a need for approximately 450,000 gallons annually of sodium
hypochlorite (minimum 12.5 % chlorine solution) delivered in bulk load using tanker trucks to be used
as a disinfecting agent for the treatment of wastewater.
WHEREAS, THE City has determined a need for approximately 325,000 gallons annually of sodium
bisulfite (minimum 25 % solution by weight) delivered in bulk load using tanker trucks to be used as a
de-chlorinating agent for the treatment of wastewater.
WHEREAS, THE SELLER has the capability of delivering the required volume of sodium
hypochlorite (minimum 12.5% chlorine solution) in the amounts as required and in a timely manner.
WHEREAS, THE SELLER has the capability of delivering the required volume of sodium bisulfite
(minimum 25% solution by weight) in the amounts as required and in a timely manner.
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the
parties agree as follows:
1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume
requirement from the SELLER. SELLER agrees to sell, and deliver approximately 450,000 gallons of
sodium hypochlorite solution (minimum available chlorine of 12.5% by weight) to the City in
accordance with SELLER’S schedule of delivery.
The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement
from the SELLER. SELLER agrees to sell, and deliver approximately 325,000 gallons of
sodium bisulfite solution (minimum available 25% by weight) to the CITY in accordance with
The SELLER’S schedule of delivery.
2. Shipping Terms:
(a) SELLER shall ship each shipment of PRODUCT FOB Delivered.
(b) All shipments of sodium hypochlorite and sodium bisulfite shall be accompanied with the
following:
i. Bill of Lading
ii. Certified Analysis indicating Sodium Hypochlorite and Sodium Bisulfite
Exhibit A
CONTRACT PURCHASING AGREEMENT
Page 2
iii. Weighmaster’s certificate of weight
iv. Applicable regulatory documents
3. SELLER additionally agrees to comply with all provisions contained in City's specifications,
which include a requirement that insurance be obtained in the type and amount set forth in the
specifications and Section 14 below.
4. a) Purchase Price: The City agrees to pay to the SELLER, in accordance with the following:
Product: Sodium Hypochlorite Solution (12.5% available chlorine by weight).
Ship To: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080
Unit Price exclusive of all taxes: $0.698/gallon
$.0698/lb
Quantity: approximately 450,000 gallons annually.
Containers: PRODUCT delivered in bulk load (approximately 4,500 gallons per tanker
truck/trailer load).
b) Purchase Price: The City agrees to pay the SELLER, in accordance with the following:
Product: Sodium Bisulfite Solution (25% available by weight).
Ship to: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080
Unit Price exclusive of all taxes: $1.135/gallon.
$1.135/lb
Quantity: approximately 325,000 gallons annually.
Containers: delivered in bulk load, approximately 4,500 gallons per tanker truck/trailer load
NTE: The total compensation for products purchased under this Agreement shall not exceed
$682,795.00.
5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable
against the delivery of the PRODUCT listed herein.
6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER,
shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived
unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the
shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be
contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies
regarding the weight of any shipment.
7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the
SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best
efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase
order.
CONTRACT PURCHASING AGREEMENT
Page 3
8. Pricing: The prices herein specified are firm for 12 months following execution of this
agreement and includes all delivery costs. All prices are exclusive of tax and pesticide fee. All prices
are effective based upon the shipment date of the PRODUCT.
9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will
be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the
right, among other available remedies, either to cancel this contract or suspend further deliveries under
this contract in the event the CITY fails to pay for any one shipment when payment becomes due and
upon written notice of such failure, the CITY does not pay the balance.
10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be
free of sediment and solid particles and shall not contain anything that will adversely affect or interfere
with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride
feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the
Specifications and be of good merchantable quality, fit for the purpose for which sold, (B) SELLER
has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other
encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict
conformity with all applicable state, local and federal laws.
The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and
requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the
CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within
fifteen (15) days from the CITY’S receipt of the PRODUCT in question.
11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting
Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S
return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the
CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming
PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non-
conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work
necessary to effectuate such replacement and recover the cost from SELLER.
12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample
from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results
for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to
exercise best efforts in good faith to resolve any discrepancies between their respective test results
regarding any sample and/or shipment.
13. Indemnity: Except for any loss, damage or expense arising solely from the gross negligence or
willful misconduct of the CITY, or any employee, agent or independent contractor of the CITY
SELLER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the CITY
and its officers, employees, agents and independent contractors (“CITY INDEMNITEES”), from and
CONTRACT PURCHASING AGREEMENT
Page 4
against any and all claims, loss, damage or expense, including reasonable attorney's fees, arising from
or relating to, or caused by the performance of SELLER under this Contract.
14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement,
SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance
evidencing that SELLER has obtained and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE
MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS
($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and
contractual liability coverage. The policy shall also include coverage for liability arising out of the use
and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its
personnel, agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-
owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the CITY
INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to
SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be
paid by a named insured as a precondition of the insurer’s liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional insureds or
insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special
endorsement so as to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-insured retention
required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of
insurance must note whether the policy does or does not include any self-insured retention and also
must disclose the deductible.
The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A
valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to
be binding.
15. Prevailing Wage: Where applicable, the wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the
prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the
work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant
to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic
employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER
CONTRACT PURCHASING AGREEMENT
Page 5
shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may
be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The
difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid
by the SELLER to each worker.
An error on the part of an awarding body does not relieve the SELLER from responsibility for payment of
the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The CITY
will not recognize any claim for additional compensation because of the payment by the SELLER for any
wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the
elements to be considered by the SELLER.
16. Damage To City Facilities: Damage to CITY or public facilities or private property
caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by
the SELLER at no cost to the CITY.
17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to
deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not
limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain
from normal sources raw material, equipment, or transportation, the one so affected shall be excused
without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability
to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract
quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to
effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S
obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted
accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such
circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of
PRODUCT obtained from another source will be credited to any minimum quantity requirement set
forth in this Agreement for the respective contract year as if such had been purchased from SELLER.
If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation
to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly.
18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of
hazards at all times during installation. After installation is completed at the site, SELLER shall clean
the surrounding area to the condition prior to installation.
19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2019 and ending
June 30, 2020. This AGREEMENT may be extended or amended by mutual agreement in writing
between the parties on the same terms and conditions through June 30, 2020 if such mutual agreement
is reached before expiration of the current agreement.
20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be
deemed to have been duly given (i) on the date of service if served personally on the party to whom
CONTRACT PURCHASING AGREEMENT
Page 6
notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to
whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of
depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first
class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All
notices to be given with respect to this Agreement shall be addressed to:
To the City Contract Administrator:
Brian Schumacker, Plant Superintendent
Water Quality Control Plant
195 Belle Air Road,
South San Francisco, CA 94080
To Seller:
Univar USA Inc.
8201 S. 212th Street
Kent, WA 98032
21. Entire Agreement: This contract, along with all exhibits attached hereto which are
incorporated herein by this reference, sets forth the entire and complete agreement regarding the
subject matter hereof and may be executed in identical counterparts.
22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a
continuing waiver or a waiver of a subsequent breach of the same or any other provision of this
Agreement.
23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract
without the prior written consent of the other party, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or
otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and
obligations hereunder to the acquiring person or entity.
24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws
of the State of California without reference to the conflict or choice of law principles thereof. The
jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in
San Mateo County.
25. Modifications: No modification, waiver, termination, or amendment of this Agreement is
effective unless made in writing signed by the City and the SELLER.
26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the
account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this
contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's
CONTRACT PURCHASING AGREEMENT
Page 7
fees.
27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any
Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same
for the CITY. Due to other existing contractual obligations, there may instances where another like
Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S
price, without making an adjustment to the CITY.
28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
CONTRACT PURCHASING AGREEMENT
Page 8
Exhibit A. (Attached): PRODUCT Specifications
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
representatives as of this day first written above.
CITY OF SOUTH SAN FRANCISCO: SELLER:
A Municipal Corporation Univar USA, Inc.
By: ___________________________ By: _______________________________
Title: Mike Futrell, City Manager Title: _____________________________
ATTEST:
________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
CONTRACT PURCHASING AGREEMENT
Page 9
EXHIBIT “A” PRODUCT SPECIFICATIONS
Sodium Hypochlorite 12.5% Solution (by weight)
as NaOCl (%wt) 12.5 - 13.2
Available Chlorine (%wt) 11.9 - 12.6
Available Chlorine (%vol) 14.3 - 15.3
Available Chlorine
grams/liter 143 - 153
Excess Caustic (%wt) 0.25 - 0.80
Specific Gravity @ 60°F 1.197 - 1.220
pH 12.0 - 13.0
Iron (Fe) ppm <0.5
Nickel (Ni) ppm <0.2
Copper (Cu) ppm <0.2
Mercury (Hg) ppb 0.001 - 0.003
Sodium Chloride (NaCl)% <15.0
Substitutions of product of dissimilar nature are not permitted.
Sodium Bisulfite 25% Solution (by weight)
% Sodium Bisulfite: 25%
% Sulfur Dioxide (SO2) Equivalent 15.4%-16.6%
pH: 3.5-4.6
Specific Gravity: 1.19-1.2
Substitutions of product of dissimilar nature are not permitted.
-1-
CONTRACT PURCHASING AGREEMENT
FOR THE PURCHASE OF
FERRIC CHLORIDE SOLUTION FOR THE TREATMENT OF WASTEWATER
THIS AGREEMENT is made this 10th day of June, 2020, by and between the City of South San
Francisco, California, hereinafter called the "CITY" and Thatcher Company of California, Inc.,
P.O. Box 27407 Salt Lake City, UT 84127-0407 hereinafter called the "SELLER", at South San
Francisco, County of San Mateo, State of California.
WHEREAS, THE City has determined a need for approximately 50,000 gallons annually of ferric
chloride solution delivered in bulk trailer loads to be used as a coagulant in the treatment of
wastewater.
WHEREAS, THE SELLER has the capability of delivering ferric chloride solution in the amount as
required and in a timely manner.
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the
parties agree as follows:
1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume
requirement from the SELLER. SELLER agrees to sell, and deliver approximately 50,000 gallons of
ferric chloride solution to the City in accordance with SELLER’S schedule of delivery.
2. Shipping Terms:
(a) SELLER shall ship each shipment of PRODUCT FOB Delivered.
(b) All shipments of ferric chloride solution shall be accompanied with the following:
i. Bill of Lading
ii. Certified Analysis indicating ferric chloride
iii. Weighmaster’s certificate of weight
iv. Applicable regulatory documents
3. SELLER additionally agrees to comply with all provisions contained in City's specifications,
which include a requirement that insurance be obtained in the type and amount set forth in the
specifications and Section 14 below.
4. Purchase Price: The City agrees to pay to the SELLER, in accordance with the following:
PRODUCT: Ferric Chloride Solution (37% to 42% by weight)
Ship To: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080
Unit Price exclusive of all taxes: $1.9056 per gallon ($794.00 per dry ton).
Quantity: approximately 50,000 gallons annually.
Containers: PRODUCT delivered in bulk load (approximately 4,000 gallons per tanker
truck/trailer load).
NTE: The total compensation for products purchased under this Agreement shall not exceed
Exhibit B
CONTRACT PURCHASING AGREEMENT
Page 2
$100,000.00
5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable
against the delivery of the PRODUCT listed herein.
6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER,
shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived
unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the
shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be
contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies
regarding the weight of any shipment.
7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the
SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best
efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase
order.
8. Pricing: The prices herein specified are firm for 12 months following execution of this
agreement and includes all delivery costs. All prices are exclusive of tax. There is no pesticide fee for
ferric chloride solutions. All prices are effective based upon the shipment date of the PRODUCT.
9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will
be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the
right, among other available remedies, either to cancel this contract or suspend further deliveries under
this contract in the event the CITY fails to pay for any one shipment when payment becomes due and
upon written notice of such failure, the CITY does not pay the balance.
10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be
free of sediment and solid particles and shall not contain anything that will adversely affect or interfere
with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride
feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the
Specifications, (B) SELLER has good title to all PRODUCT delivered and all PRODUCT delivered
are free from liens and other encumberances, and (C) SELLER’s delivery and installation of the
PRODUCT will be in strict conformity with all applicable state, local and federal laws.
The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and
requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the
CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within
fifteen (15) days from the CITY’S receipt of the PRODUCT in question.
11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting
Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S
return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the
CONTRACT PURCHASING AGREEMENT
Page 3
CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming
PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non-
conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work
necessary to effectuate such replacement and recover the cost from SELLER.
12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample
from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results
for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to
exercise best efforts in good faith to resolve any discrepancies between their respective test results
regarding any sample and/or shipment.
13. Indemnity: To the fullest extent allowed by law, the SELLER and its employees,
subcontractors, and agents shall defend, indemnify, and save and hold harmless the CITY, its officers,
agents, employees and volunteers from any claims, suits or actions of every name, kind and description
brought forth, or on account of, injuries to or death of any person (including but not limited to workers
and the public), or damage to property, resulting from or arising out of SELLER’s or its personnel,
employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in
the performance of services described in this Request for Bids and/or pursuant to this Agreement,
except those matters arising from the CITY’s sole negligence or willful misconduct. The parties intend
that this provision shall be broadly construed.
14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement,
SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance
evidencing that SELLER has obtained and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE
MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS
($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and
contractual liability coverage. The policy shall also include coverage for liability arising out of the use
and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its
personnel, agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-
owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the CITY
INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to
SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be
paid by a named insured as a precondition of the insurer’s liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional insureds or
CONTRACT PURCHASING AGREEMENT
Page 4
insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special
endorsement so as to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-insured retention
required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of
insurance must note whether the policy does or does not include any self-insured retention and also
must disclose the deductible.
The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A
valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to
be binding.
15. Prevailing Wage: Where applicable, the wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the
prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the
work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant
to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic
employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER
shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may
be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The
difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid
by the SELLER to each worker.
An error on the part of an awarding body does not relieve the SELLER from responsibility for payment of
the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The CITY
will not recognize any claim for additional compensation because of the payment by the SELLER for any
wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the
elements to be considered by the SELLER.
16. Damage To City Facilities: Damage to CITY or public facilities or private property
caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by
the SELLER at no cost to the CITY.
17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to
deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not
limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain
from normal sources raw material, equipment, or transportation, the one so affected shall be excused
without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability
to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract
quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to
effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S
obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted
accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such
circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of
CONTRACT PURCHASING AGREEMENT
Page 5
PRODUCT obtained from another source will be credited to any minimum quantity requirement set
forth in this Agreement for the respective contract year as if such had been purchased from SELLER.
If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation
to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly.
18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of
hazards at all times during installation. After installation is completed at the site, SELLER shall clean
the surrounding area to the condition prior to installation.
19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2017 and ending
June 30, 2018. This AGREEMENT may be extended or amended by mutual agreement in writing
between the parties on the same terms and conditions through June 30, 2020 if such mutual agreement
is reached before expiration of the current agreement.
20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be
deemed to have been duly given (i) on the date of service if served personally on the party to whom
notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to
whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of
depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first
class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All
notices to be given with respect to this Agreement shall be addressed to:
To the City Contract Administrator:
Brian Schumacker, Plant Superintendent
Water Quality Control Plant
195 Belle Air Road,
South San Francisco, CA 94080
To Seller:
Thatcher Company of California, Inc.
Attention: Craig N. Thatcher
P.O. Box 27407
Salt Lake City, UT 84127-0407
21. Entire Agreement: This contract, along with all exhibits attached hereto which are
incorporated herein by this reference, sets forth the entire and complete agreement regarding the
subject matter hereof and may be executed in identical counterparts.
22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a
continuing waiver or a waiver of a subsequent breach of the same or any other provision of this
Agreement.
23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract
CONTRACT PURCHASING AGREEMENT
Page 6
without the prior written consent of the other party, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or
otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and
obligations hereunder to the acquiring person or entity.
24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws
of the State of California without reference to the conflict or choice of law principles thereof. The
jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in
San Mateo County.
25. Modifications: No modification, waiver, termination, or amendment of this Agreement is
effective unless made in writing signed by the City and the SELLER.
26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the
account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this
contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's
fees.
27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any
Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same
for the CITY. Due to other existing contractual obligations, there may instances where another like
Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S
price, without making an adjustment to the CITY.
28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
CONTRACT PURCHASING AGREEMENT
Page 7
Exhibit A. (Attached): PRODUCT Specifications
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
representatives as of this day first written above.
CITY OF SOUTH SAN FRANCISCO: SELLER:
A Municipal Corporation Thatcher Company of California, Inc.
By: ___________________________ By: _______________________________
Title: Mike Futrell, City Manager Title: _____________________________
ATTEST:
________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
CONTRACT PURCHASING AGREEMENT
Page 8
EXHIBIT “A” PRODUCT SPECIFICATIONS
Ferric Chloride Solution:
CAS Number: 7705-08-0
Chemical Formula: FeCl3
Molecular Weight: 162.20
Specific Gravity (@ 20o C): 1.300 - 1.500
%FeCl3: 37% to 42% by weight
%FeCl2: <2.5%
%HCl: <1.5%
% Insoluables Less Than <0.25%
Manufactured and Formulated by:
Thatcher Company of California, Inc., Salt Lake City, UT.
Substitutions of PRODUCT of dissimilar nature are not permitted.
-1-
CONTRACT PURCHASING AGREEMENT
FOR THE PURCHASE OF
CATIONIC AND ANIONIC POLYMERS
THIS AGREEMENT is made this 10 day of June, 2020, by and between the City of South San
Francisco, California, hereinafter called the "CITY" and Polydyne Inc., 1 Chemical Plant Road,
Riceboro, Ga., 31323 hereinafter called the "SELLER", at South San Francisco, County of San Mateo,
State of California.
WHEREAS, THE City has determined a need for approximately 30,000 gallons annually of cationic
and anionic polymer emulsions used as a flocculation aid delivered in 330 gallon reusable totes.
WHEREAS, THE SELLER has the capability of delivering cationic and anionic polymer emulsion in
the amounts as required and in a timely manner.
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the
parties agree as follows:
1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume
requirement from the SELLER. SELLER agrees to sell, and deliver approximately 30,000 gallons of
polymer emulsion to the CITY in accordance with SELLER’S schedule of delivery.
2. Shipping Terms:
(a) SELLER shall ship each shipment of PRODUCT FOB Delivered.
(b) All shipments of cationic and anionic polymers shall be accompanied with the
following:
i. Bill of Lading
ii. Certified Analysis indicating WE-984 Polymer and WE-527 Polymer
iii. Weighmaster’s certificate of weight
iv. Applicable regulatory documents
3. SELLER additionally agrees to comply with all provisions contained in City's specifications,
which include a requirement that insurance be obtained in the type and amount set forth in the
specifications and Section 14 below.
4. a) Purchase Price: The City agrees to pay to the SELLER, in accordance with the following:
Product: Ship to: Price Quantity Containers:
WE-984 South San Francisco $10.880/gal 4,000 gal 330 gal Totes
$1.280lb
WE-527 South San Francisco $10.710/gal 26,000 gal 330 gal Totes
$1.260/lb
Exhibit C
CONTRACT PURCHASING AGREEMENT
Page 2
NTE: The total compensation for products purchased under this Agreement shall not exceed
$321,980.00
5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable
against the delivery of the PRODUCT listed herein.
6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER,
shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived
unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the
shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be
contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies
regarding the weight of any shipment.
7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the
SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best
efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase
order.
8. Pricing: The prices herein specified are firm for 12 months following execution of this
agreement and includes all delivery costs. All prices are exclusive of tax and pesticide fee. All prices
are effective based upon the shipment date of the PRODUCT.
9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will
be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the
right, among other available remedies, either to cancel this contract or suspend further deliveries under
this contract in the event the CITY fails to pay for any one shipment when payment becomes due and
upon written notice of such failure, the CITY does not pay the balance.
10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be
free of sediment and solid particles and shall not contain anything that will adversely affect or interfere
with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride
feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the
Specifications and be of good merchantable quality, fit for the purpose for which sold, (B) SELLER
has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other
encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict
conformity with all applicable state, local and federal laws.
The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and
requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the
CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within
fifteen (15) days from the CITY’S receipt of the PRODUCT in question.
CONTRACT PURCHASING AGREEMENT
Page 3
11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting
Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S
return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the
CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming
PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non-
conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work
necessary to effectuate such replacement and recover the cost from SELLER.
12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample
from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results
for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to
exercise best efforts in good faith to resolve any discrepancies between their respective test results
regarding any sample and/or shipment.
13. Indemnity: Except for any loss, damage or expense arising solely from the gross negligence or
willful misconduct of the CITY, or any employee, agent or independent contractor of the CITY
SELLER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the CITY
and its officers, employees, agents and independent contractors (“CITY INDEMNITEES”), from and
against any and all claims, loss, damage or expense, including reasonable attorney's fees, arising from
or relating to, or caused by the performance of SELLER under this Contract.
14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement,
SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance
evidencing that SELLER has obtained and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE
MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS
($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and
contractual liability coverage. The policy shall also include coverage for liability arising out of the use
and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its
personnel, agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-
owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the CITY
INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to
SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be
paid by a named insured as a precondition of the insurer’s liability, or which has the effect of
CONTRACT PURCHASING AGREEMENT
Page 4
providing that payments of the self-insured retention by others, including additional insureds or
insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special
endorsement so as to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-insured retention
required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of
insurance must note whether the policy does or does not include any self-insured retention and also
must disclose the deductible.
The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A
valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to
be binding.
15. Prevailing Wage: Where applicable, the wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the
prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the
work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant
to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic
employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER
shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may
be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The
difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid
by the SELLER to each worker.
An error on the part of an awarding body does not relieve the SELLER from responsibility for payment of
the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The CITY
will not recognize any claim for additional compensation because of the payment by the SELLER for any
wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the
elements to be considered by the SELLER.
16. Damage To City Facilities: Damage to CITY or public facilities or private property
caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by
the SELLER at no cost to the CITY.
17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to
deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not
limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain
from normal sources raw material, equipment, or transportation, the one so affected shall be excused
without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability
to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract
quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to
effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S
obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted
CONTRACT PURCHASING AGREEMENT
Page 5
accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such
circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of
PRODUCT obtained from another source will be credited to any minimum quantity requirement set
forth in this Agreement for the respective contract year as if such had been purchased from SELLER.
If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation
to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly.
18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of
hazards at all times during installation. After installation is completed at the site, SELLER shall clean
the surrounding area to the condition prior to installation.
19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2018 and ending
June 30, 2019. This AGREEMENT may be extended or amended by mutual agreement in writing
between the parties on the same terms and conditions through June 30, 2021 if such mutual agreement
is reached before expiration of the current agreement.
20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be
deemed to have been duly given (i) on the date of service if served personally on the party to whom
notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to
whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of
depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first
class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All
notices to be given with respect to this Agreement shall be addressed to:
To the City Contract Administrator:
Brian Schumacker, Plant Superintendent
Water Quality Control Plant
195 Belle Air Road,
South San Francisco, CA 94080
To Seller:
Polydyne, Inc.
1 Chemical Plant Road
Riceboro, GA, 31323
21. Entire Agreement: This contract, along with all exhibits attached hereto which are
incorporated herein by this reference, sets forth the entire and complete agreement regarding the
subject matter hereof and may be executed in identical counterparts.
22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a
continuing waiver or a waiver of a subsequent breach of the same or any other provision of this
Agreement.
CONTRACT PURCHASING AGREEMENT
Page 6
23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract
without the prior written consent of the other party, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or
otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and
obligations hereunder to the acquiring person or entity.
24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws
of the State of California without reference to the conflict or choice of law principles thereof. The
jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in
San Mateo County.
25. Modifications: No modification, waiver, termination, or amendment of this Agreement is
effective unless made in writing signed by the City and the SELLER.
26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the
account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this
contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's
fees.
27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any
Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same
for the CITY. Due to other existing contractual obligations, there may instances where another like
Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S
price, without making an adjustment to the CITY.
28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
CONTRACT PURCHASING AGREEMENT
Page 7
Exhibit A. (Attached): PRODUCT Specifications
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
representatives as of this day first written above.
CITY OF SOUTH SAN FRANCISCO: SELLER:
A Municipal Corporation Polydyne Inc.
By: ___________________________ By: _______________________________
Title: Mike Futrell, City Manager Title: _____________________________
ATTEST:
________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
CONTRACT PURCHASING AGREEMENT
Page 8
EXHIBIT “A” PRODUCT SPECIFICATIONS
The products selected for use at the South San Francisco - San Bruno Water Quality Control Plant
were selected based upon specific jar tests of several products. The products which provided the best
performance were:
WE-984
1. Polymer Type: Anionic Emulsion
2. Polymer Trade Name: WE-984
3. Percent of Total Solids: 48% - 55%
4. Minimum Percent of Active Solids: 41%
5. Molecular Weight: Very High
6. Bulk Density Range: 300-2000 cps*
7. UL Viscosity Range: 4.3-5.3
8. Specific Gravity: approximately 1.02
WE-527
1. Polymer Type: Cationic Emulsion
2. Polymer Trade Name: WE-527
3. Percent of Total Solids: 34% – 41%
4. Minimum Percent of Active Solids: 29%
5. Molecular Weight: Extremely High
6. Bulk Density Range: 500-2000 cps*
7. UL Viscosity Range: 7.5-9.3
8. Specific Gravity: approximately 1.02
* centipoise
Substitutions of product of dissimilar nature are not permitted.