Resolution No. 8647
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RESOLUTION NO. 8647
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND ONDEO NALCO COMPANY FOR THE
MALBURG GENERATING STATION PROJECT
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7 WHEREAS, the City of Vernon ("City") is constructing a 134
8 MW Combined Cycle Power Plant, the Malburg Generating Station (the
9 "Malburg Project"), for the purpose of installing additional
10 generating capacity that will yield an efficient, cost-effective, and
11 reliable source of electric generation to the City's inhabitants; and
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12 WHEREAS, on July 16, 2003, the City Council of the City of
13 Vernon adopted Resolution No. 8252 with the intention of expediting the
14 purchase of supplies and services for the Malburg Project; and
15 WHEREAS, the City has determined that it needs the services
16 of a firm to perform water treatment system services in conformance
17 with the City's specifications and all applicable Federal and State
18 statutes (hereinafter collectively referred to as the "Water Treatment
19 Services"); and
20 WHEREAS, Ondeo Nalco Company, a Delaware Corporation entitle
21 to transact intrastate business in the State of California ("Nalco"),
22 submitted a proposal dated December 3, 2004, to provide the Water
23 Treatment Services; and
24 WHEREAS, the City has determined that Nalco possesses the
25 technical knowledge and expertise to furnish the Water Treatment
26 Services for the Malburg Project; and
27 WHEREAS, on January 19, 2005, the Finance Committee
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1 Finance, dated January 6, 2005, that an agreement with Nalco be
2 approved and executed; and
3 WHEREAS, the City Council of the City of Vernon has
4 determined that, pursuant to the provisions of subsection (a) of
5 Section 2.27 of the Vernon City Code, it is in the public interest and
6 necessity to enter into an agreement with Nalco.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
8 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
10 finds and determines that the recitals contained hereinabove are true
11 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
13 approves the Professional Services Agreement with Nalco, in
14 substantially the same form as the copy which is attached hereto as
15 Exhibit A and incorporated by reference.
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SECTION 3:
The City Council of the City of Vernon hereby
17 authorizes the Mayor to execute said Contract for, and on behalf of,
18 the City of Vernon and the City Clerk is hereby authorized to attest
19 thereto.
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SECTION 4:
The City Council of the City of Vernon hereby
21 directs the City Clerk, or his designee, to send one fully executed
22 Agreement to:
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Ondeo Nalco Company
Attn. Susan Klinge, Local Representative
2111 E. Dominguez St.
Long Beach, CA 90801
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SECTION 5:
The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 19th day of January, 2005.
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--.. LE~7yor .
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11 BRUCE V. MALKENHORST, City Clerk
ATTEST:
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1 STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8647, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, January 19,
2005, and thereafter was duly signed by the Mayor of the City of
Vernon.
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A--. /~
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BRUCE V. MALKENHORST, City Cle~
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EXHIBIT
A
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT (this "Agreement") is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as the original hereof for all
purposes, as of this 19th day of January, 2005, in the City of Vernon, County of Los Angeles,
State of California
BY AND BETWEEN
AND
THE CITY OF VERNON, a Municipal
Corporation,
hereinafter referred to as "City,"
4305 Santa Fe Avenue
Vernon, CA 90058
ONDEO NALCO COMPANY, a Delaware
Corporation, hereinafter referred as the
"Consultant, "
1601 W. Diehl Road
Naperville, IL 60563~1198
RECITALS
WHEREAS, the City is constructing the Malburg Generating Station Combined
Cycle Power Plant at 2715 E, 50th Street in the City of Vernon (the "Malburg Project") for
purposes of installing additional generating capacity; and
WHEREAS, the City has determined that it is in the best interest of the Malburg
Project that the City retain the services of a firm to perform water treatment system services (the
"Services") for the benefit of the Malburg Project; and
WHEREAS, Consultant has prepared a proposal dated December 3, 2004 for the
services, equipment and materials necessary for the Services, a copy of which is attached hereto
as Exhibit A and incorporated herein by this reference; and
WHEREAS, Consultant represents that it is qualified and capable of furnishing
the labor, materials and expertise necessary to furnish the equipment and perform the services
that the City requires, as set forth in this Agreement, the Proposal, and any specifications, and is
willing to do so on the terms and conditions set forth below; and
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WHEREAS, the Services have been competitively bid, and Consultant's cost
proposal is acceptable to the City; and
WHEREAS, the City desires to enter into 'an agreement with Consultant to
provide the necessary Services as defined below on the terms and conditions set forth below.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Work.
1.1 Certain Definitions, The following terms shall have the following
meanings for purposes of this Agreement:
1.1,1 ~greement Documents, The term "Agreement Documents" as
used herein shall mean and refer to and include this Agreement, the Proposal, and all other
exhibits and attachments hereto and thereto, as well as amendments and modifications hereto and
thereto that are approved in writing by the parties, and authorized Change Orders (as defined
below) that are signed by the parties. All of these documents form the Agreement, and all are as
fully a part of the Agreement as if attached to this Agreement or repeated herein. In the event of
a conflict between the Proposal and this Agreement, the terms of this Agreement shall prevail.
This Agreement includes Exhibits A through C, each of which is attached hereto and
incorporated herein by its reference and is a part of this Agreement.
1.1,2 Project. The Project is water treatment chemicals and services at
the Malburg Generating Station.
1,1.3 Site. The Site shall be the Malburg Generating Station at 2715 E.
50th Street in the City of Vernon, California.
1.1.4 Substantial Completion. Substantial Completion shall mean the
date on which all Work is substantially completed in accordance with the Agreement Documents
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and all applicable statutes, laws, regulations, and other legal authorities; all testing has been
completed and accepted by the City (including any additional testing that the City elects to
perform, at the City's cost); all documentation required under the Agreement Documents has
been provided to and accepted by the City; and all authorizations, certificates, and permits
required in order for the City to use the Work have been obtained and complied with, such that
the City can utilize the Work for its intended use, subject only to completion of minor, punch list
items that do not affect the usability of the Project.
1.1.5 Work. The Work comprises the Services required by the
Agreement Documents or reasonably inferable therefrom and includes all of the Services to be
performed by Consultant or any of its employees, agents, contractors, or subcontractors under the
terms of the Agreement Documents,
1.1,6 Services. Consultant shall perform or cause to be performed all the
work required by the Agreement Documents or reasonably inferable therefrom for the Services.
1.2 Equipment/Consultant Equipment. Consultant shall obtain the use of all
equipment necessary to perform the Services, including, without limitation, trucks, forklifts,
cranes, etc. (collectively, the "Consultant Equipment"), and the cost of obtaining and using the
Consultant Equipment is included in the Agreement Sum, as defined below.
1.3 Consultant's Obligations, Consultant has represented to the City that it is
qualified, willing, and able to perform the Services. Notwithstanding anything to the contrary
contained in this Agreement, the City and Consultant agree and acknowledge that the City is
entering into this Agreement in reliance on Consultant's special and unique abilities with respect
to performing the Services. Consultant accepts the relationship of trust and confidence
established between it and the City by this Agreement. Consultant shall use its best efforts, skill,
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judgment and abilities to further the interests of the City in accordance with the City's
requirements and procedures. In that connection, Consultant represents, covenants and agrees as
follows:
1.3.1 Permits. Consultant will be solely responsible for obtaining all
required permits, authorizations, and consents required from all governmental or quasi-
governmental authorities in connection with the Work. The cost of obtaining the permits,
authorizations, and consents is included in the Agreement Sum; provided, however, that, the City
shall be liable for the actual costs of any permits or fees imposed by any governmental or quasi-
governmental agency.
1.3.4 No Release. Consultant's duties shall not be diminished by reason
of any approval by the City, nor shall Consultant be released from any liability by reason of such
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approval by the City, it being understood that the City at all times is relying upon Consultant's
skills and knowledge.
1.3.5 Authorizations. Consultant is authorized to do business in
California and properly licensed and registered by all governmental authorities having
jurisdiction over it. All persons performing Services shall, at all times during which Services are
being performed, have all necessary technical expertise, permits, professional or business
licenses, certificates, training, and other qualifications required to perform such Services in a
professional manner and in accordance with all applicable laws, Each subcontractor shall be
licensed as a subcontractor under California law.
1.3.6 Due Diligence. Consultant (a) has fully inspected the Site and is
familiar with the local and special conditions under which the Work is to be performed, (b) has
thoroughly reviewed the Agreement Documents, (c) has determined that the Agreement
Documents are sufficiently detailed to determine the Agreement Sum, (d) agrees that the
Agreement Sum is adequate and reasonable compensation for all the Work and Consultant's
assumption of all foreseeable risks, hazards, and conditions in connection with the Work, and ( e)
has determined that the Project can be completed in accordance with the Agreement Documents.
1.3.7 Capability. Consultant and all subcontractors are financially
solvent and possessed of sufficient working capital to complete the Work and perform all
obligations hereunder. Consultant is able to furnish the tools, equipment, supplies, materials and
labor required to complete the Work and perform its obligations hereunder.
The foregoing representations, covenants, and agreements shall survive any
termination of this Agreement and final completion of the Services and are in addition to, and not
in lieu of, any and all other liability imposed upon Consultant by law with respect to Consultant's
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duties, obligations and performance hereunder.
2. Time of Performance. Consultant shall commence and complete the Services as
follows:
2.1 Time Schedule. Consultant shall begin to perform the Services (including
entering into any Agreements as required to accomplish the Work) upon the full execution of this
Agreement (the "Commencement Date"). Consultant shall diligently prosecute the work and
achieve Substantial Completion no later than (the "Substantial Completion Date").
The time between the Commencement Date and the Substantial Completion Date shall be the
"Agreement Time", In addition to achieving the Substantial Completion Date, Consultant shall
be obligated to accomplish the milestones described in the Progress Schedule by the dates set
forth in the Progress Schedule, as defined in Paragraph 7,8 below.
2,2 Inability to Meet Time Schedule. Except if performance is excused, as set
forth in Paragraph 2.3 below, Consultant's failure to complete the Services within the Agreement
Time, or Consultant's failure to achieve the milestones by the dates set forth in the Progress
Schedule, as defmed in Paragraph 7,8 below, shall constitute a material default of this
Agreement, and, among other remedies available to it, including those set forth in this Paragraph
2, the City shall have the option of terminating this Agreement.
2.3 Force Majeure. Neither party shall be considered to be in default in any of
its obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control
of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening,
epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute,
ordinance, or regulation, embargoes of the United States Government or any other government,
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which by exercise of due diligence such party could not reasonably have been expected to avoid
and by exercise of due diligence has been unable to overcome. Either party rendered unable to
fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give
written notice within five (5) business days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch. The time required to achieve
Substantial Completion or a milestone shall be extended by Change Order by the number of days
of delay caused by the uncontrollable force, as the City may reasonably determine, An extension
of time for achievement of Substantial Completion by reason of an uncontrollable force shall not
justify extra compensation for Consultant for administrative or other costs or expenses; provided,
however, that if the time for achieving Substantial Completion is materially extended by reason
of uncontrollable force through no fault of Consultant, Consultant shall be entitled to an increase
in the Agreement Sum, but only in any amount equal to the increase in Consultant's direct cost
resulting from such delay,
2.4 Consultant's Delay, If the City determines that the performance of the
Work has not progressed or reached the level of completion required by the Agreement
Documents so as to achieve the timely and orderly completion of the Work by the date for
Substantial Completion, the City shall have the right to order Consultant to take corrective
measures deemed necessary or desirable by the City to expedite the progress of construction (and
Consultant hereby covenants to perform such corrective measures), including (a) working
additional shifts of overtime, (b) supplying additional manpower, equipment and facilities, and
(c) other similar measures (collectively, the "Extraordinary Measures"). Such Extraordinary
Measures shall continue until the progress of the Work complies with the stage of completion
required by the Agreement Documents. The City's right to require Extraordinary Measures is
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solely for the purpose of ensuring Consultant's compliance with the milestones and the date of
Substantial Completion.
2.4.1 Agreement Sum. Consultant shall not be entitled to any
adjustment in the Agreement Sum in connection with Extraordinary Measures required by the
City under this Paragraph 2.4,
2.4.2 Exercise of Right. The City may exercise its rights under this
Paragraph 2.4 as frequently as the City deems necessary or desirable to ensure that Consultant's
performance of the Work will comply with the completion date set forth in the Agreement
Documents.
2.4.3 Further Rights. If the City determines, in its sole discretion, that
Consultant's corrective measures are not sufficient to expedite the progress of the Work, the City
shall be entitled, but not obligated, upon three (3) days prior written notice to Consultant, to take
such corrective measures itself, in which event the City may deduct its costs and expenses with
respect to such corrective measures from the amounts due to Consultant under the Agreement
Documents.
3. Agreement Sum,
3,1 Agreement Sum. As full and complete compensation for all Services
(including Consultant Equipment) provided by Consultant and its agents and subcontractors, if
any, the City shall pay to Consultant, subject to additions and deductions by Change Order as
provided in the this Agreement, the amount of One Hundred Forty-Five Thousand Four Hundred
Sixty-Eight Dollars and No Cents ($145,468.00) (the "Agreement Sum"). Except for costs to be
borne by the City, as described in this Agreement, and except for authorized Change Orders
signed by the City, the City is under no obligation to compensate Consultant for Work,
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Equipment, Consultant Equipment, Services, or fees incurred under this Agreement in excess of
the Agreement Sum, and no reference to time and materials charges in the Proposal shall mean
that there is any obligation by the City to pay any amount in excess of the Agreement Sum for
any work described in, or reasonably inferable from, the Agreement Documents,
3.2 Costs in Excess of Agreement Sum. If the actual cost of the Work exceeds
the Agreement Sum, as adjusted for changes in the Work which have been approved in writing
by City, Consultant shall pay such excess from its own funds, and the City shall have no liability
for the payment of all or any part of the excess.
4. Payment Terms.
4,1 Application for Payment. On or before the fifteenth day of each month
during the performance of the Work, Consultant shall submit to Sam Grossman, the MGS Project
Manager (the "Project Manager"), for approval by Project Manager and the City, an itemized
Application for Payment certified as true and correct by Consultant's representative, in form and
substance acceptable to the City and Project Manager, supported by such data substantiating
Consultant's right to payment as the City may require. Such Application shall cover all Work
completed during the previous calendar month, and shall:
4.1.1 set forth in reasonable detail the costs and expenses incurred or
paid by Consultant during the immediately preceding calendar month to any subcontractor,
materialman, employee or laborer for services actually performed and for materials actually
incorporated in the Work (or suitably stored on the Site);
4.1,2 show the names of contractor, subcontractors and materialmen to
be paid and the amount to be paid to each;
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4.3 Progress Payments,
4.3.1 Payment by City. Not later than thirty (30) days following City's
receipt of the Certificate for Payment from Project Manager, the City shall pay to Consultant the
amount of ninety percent (90%) of the amount set forth in the Certificate of Payment properly
allocable to labor, materials and equipment incorporated in the Work or suitably stored at the
Site, for the period covered by the Application for Payment, less the aggregate of previous
payments made by the City and less any amounts withheld for a reason set forth in Paragraph
4.3.2 below,
4.3.2 Payment Holds. Project Manager may decline to certify payment
and may withhold his Certificate in whole or in part, to the extent necessary to protect the City, if
in his opinion the Work has not progressed to the point indicated or the quality of the Work is not
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in accordance with.the Agreement Documents, Project Manager may also decline to certify
payment because of:
(a) defective Work not remedied;
(b) third party claims filed or reasonable evidence indicating
probable filing of such claims;
(c) failure of Consultant to make payments properly to
Subcontractors or for labor, materials or equipment;
(d) reasonable evidence that the Work cannot be completed for
the unpaid balance of the Agreement Sum;
(e) damage to City or another Contractor;
(f) reasonable evidence that the Work will not be completed
within the Agreement Time; or
(g) Consultant's default hereunder or other failure to carry out
the Work in accordance with the Agreement Documents.
4.4 Terms re Payments.
4.4,1 Title to City. Consultant warrants that title to all Work, materials
and Equipment covered by an Application for Payment will pass to the City either by
incorporation in the construction or upon the receipt of payment by Consultant, whichever occurs
first, free and clear of all liens, claims, security interests or encumbrances, and that no seller of
any material will retain an interest therein or an encumbrance thereon.
4.4.2 Payments to Subcontractors. Consultant shall be solely responsible
for paying all sums due to subcontractors used in the performance of the Work. Except in the
event that the City has failed to make payments to Consultant under the terms set forth in this
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Agreement, Consultant shall indemnify, defend, protect, and hold harmless the City and its
elected officials, officers, and employees from and against any claims made by any other
subcontractors, employees, or agents of Consultant alleging that such parties have not been paid
for any equipment provided or Services performed in connection with the Work. Such indemnity
shall including all costs and expenses of defense, including, without limitation, reasonable
attorneys' fees and costs, and court costs. Applications for Payment may not include requests for
payment of amounts Consultant does not intend to pay to a subcontractor or material supplier
because of a dispute or other reason.
4.4.3 Pavrnent is Not Acceptance. No Certificate for Payment, nor any
progress payment, nor any use of the Project by City, shall constitute an acceptance of any Work
not in accordance with the Agreement Documents.
5. Substantial CompletionlFinal Payment.
5.1 Substantial Completion, When Consultant considers that the Work is
substantially complete as defined in Paragraph 1.1.5, Consultant shall notify City and Project
Manager thereof. If Project Manager and City determine that the Work is substantially complete,
Project Manager will prepare a Certificate of Substantial Completion, which shall (a) establish
the date of Substantial Completion, (b) list all immaterial items that will not interfere with City's
utilization of the Work for its intended purpose (such final list approved by City being referred to
herein as the "Punch List"), (c) fix the time within which Consultant shall complete all items on
the Punch List, and (d) certify that the Work has been substantially completed in a good and
workmanlike manner, in substantial accordance with the Agreement Documents and in
compliance with all applicable laws
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5.2 Further Payment. Upon Substantial Completion of the Work and upon
application by Consultant and certification by Project Manager, as provided in Paragraph 4.2
above, City shall make any payment required to ensure that Consultant has received 90% of the
Agreement Sum, less such amounts as the Project Manager may determine for all incomplete
Work and unsettled claims.
5.3 Final Payment. Final payment, constituting the entire unpaid balance of
the Agreement Sum, shall be paid by the City to the Consultant when (a) the Work., including all
Punch List items, has been completed to City's satisfaction; (b) Project Manager has issued and
City has approved the final Certificate.ofPayment; (c) all warranties and guarantees required
under the Agreement Documents have been assigned to and accepted the City; and (d) Consultant
has submitted to the City (1) data establishing payment satisfaction of all its obligations, such as
receipts, (2) a certificate evidencing that the insurance required by Paragraph 16,6 and Exhibit B
to remain in force after final payment is currently in effect and will not be cancelled or allowed to
expire until at least thirty days' prior written notice has been given to City, and a written
statement that such policies will be renewable, and (3) a full set of "as-built" sepias incorporating
all the reproducible records, drawings showing changes in the Work made during construction,
based on marked-up prints, drawings and other data known by Consultant, and (5) copies of
electronic media, if any, including computer tapes, reflecting the final design of the Cleaning and
Flushing Commissioning,
5.4 Accounting Records, Consultant shall keep full and detailed accounts and
exercise such controls as may be necessary for proper financial management under this
Agreement, and shall maintain such books and records for a period of three (3) years after final
payment, or for such longer period as may be required by law.
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6. The City's Rights and Obligations.
6.1 City's Obligations to Provide Utilities. Storage. and Security, The City
shall provide, at the City's cost, temporary water, power, and other utilities for the use of
Consultant and its subcontractors during the Agreement Time. The City shall also be responsible
for security at the Site during the Agreement Time, and shall provide storage facility for
equipment used hereunder at no cost to Consultant.
6.2 City's Right to Stop the Work. If Consultant fails to correct defective
Work as required by this Agreement, or if Consultant is otherwise in default under the
Agreement Documents, the City, by written notice to Consultant, may order Consultant to stop
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the Work, or any portion thereof, until Consultant has corrected such defective work or cured
such default. The City's right to stop the Work shall not impose any duty on City to exercise
such right for the benefit of Consultant or any other person or entity.
6.3 City's Right to Carry Out the Work. If Consultant defaults or neglects to
carry out the Work in accordance with the Agreement Documents and fails within seven (7) days
after receipt of written notice from City to commence and continue correction of such default or
neglect with diligence and promptness, City may, without prejudice to any other remedy it may
have, make good such deficiencies and deduct from the payments then or thereafter due
Consultant the cost of correcting such deficiencies.
7. Consultant's Rights and Obligations.
7.1 Review of Agreement Documents.
7.1.1 Consistency. Consultant shall compare the Agreement Documents
and shall at once report to Project Manager any error, inconsistency or omission Consultant may
discover. Provided that Consultant timely reports any such error, inconsistency or omission,
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Consultant shall not be liable to the City for any damage resulting from any such errors,
inconsistencies or omissions in the Agreement Documents, except for such damage arising from
Consultant's negligence or willful misconduct. If Consultant performs any activity involving a
recognized error, inconsistency or omission in the Agreement Documents without such notice to
Project Manager, Consultant shall assume appropriate responsibility for such performance and
shall bear an appropriate amount of the attributable costs for correction.
7.1.2 Representations. By executing the Agreement, Consultant
represents to City that:
(a) The Agreement Documents are sufficiently complete and
detailed for Consultant to (1) perform the Work required to
produce the results intended by the Agreement Documents,
and (2) comply with all of the requirements of the
Agreement Documents.
(b) The Work required by the Agreement Documents,
including all details, means, methods, procedures,
sequences and techniques necessary to perform the Wode,
use of materials, selection of equipment and requirements
of product manufacturers, and safety precautions and
programs in connection with the Work, is consistent with
(1) good and sound practices within the construction
industry, (2) requirements of any warranties applicable to
the Work, (3) requirements of all laws, regulations or
policie~ of all governmental authorities having jurisdiction
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over the Project, and (4) requirements of any permit or
authorization required for the Project.
7.2 Supervision and Construction Procedures,
7.2.1 Supervision. Consultant shall supervise and direct the Work, using
its best skill and attention. Consultant shall be solely responsible for all means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under the
Agreement Documents. Consultant shall review any specified procedure (including those
recommended by any product manufacturer). Consultant shall advise Project Manager (a) if the
specified procedure deviates from acceptable practice, (b) if following such procedure will affect
any warranties, 'and (c) of any objections which Consultant may have to such procedure,
7,2.2 Responsibility for Conduct. Consultant shall be responsible to
City for the acts and omissions of itself, its agents, its employees, subcontractors and
subcontractors and their respective agents and employees, and other persons performing any
Work under a Agreement with Consultant.
7.2.3 No Release, Consultant shall not be relieved from its obligations
to perform the Work in accordance with the Agreement Documents either by the activities or
duties of Project Manager in his administration of the Agreement, or by inspections, tests or
approvals required or performed by persons other than Consultant.
7.2.4 Coordination. Whenever the work of Consultant or a
subcontractor is dependent upon the work of other subcontractors, then Consultant shall require
the subcontractor to coordinate his work with the others.
7,2.5 Delivery and Storage. All materials and equipment shall be
delivered, handled, stored, installed, and protected in accordance with the best current practices
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in the industry, in accordance with manufacturers' specifications and recommendations, and in
accordance with Agreement Document requirements. The term "delivery" in reference to any
item specified or indicated, means the unloading and storing of such items with proper protection
at the Site, All risk of loss to stored materials and equipment and Consultant Equipment shall be
borne by Consultant. Risk of loss or damage shall pass to the City upon completion of Services,
testing, and written acceptance by the City.
7,2.6 Confirmation of Dimensions. Before ordering materials and
equipment, or performing Work, Consultant shall verify indicated dimensions, If any
discrepancy exists, Consultant shall take field measurements required for the proper fabrication
and installation of the Work. Upon commencement of any item of Work, Consultant shall be
responsible for the dimensions related to such item of Work.
7.3 Labor and Materials.
7.3.1 Consultant's Payment for Work. Unless otherwise provided in the
Agreement Documents, Consultant shall provide and pay for all labor, materials, equipment,
tools, and machinery, transportation, and other services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work. Consultant shall be responsible for all cutting, fitting or patching
that may be required to complete the Work or to make its several parts fit together properly.
7.3.2 Provision of Workers and Material. Consultant shall furnish an
adequate supply of skilled workers and proper materials to perform the Work in the best and
most sound manner consistent with the interests of City.
7.3.3 Assignment of Warranties. Consultant shall assign to City at the
time of final completion of the Work, or upon any earlier termination of this Agreement, any and
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all manufacturers' warranties relating to materials and labor used in the Work and further agrees
to perform the Work in such manner so as to preserve any and all such warranties, Consultant
shall assemble and deliver to City complete copies of all warranties, guaranties, and operating
and maintenance data from all manufacturers whose equipment is installed in the Work.
704 Testing.
704.1 Equipment. Consultant shall inspect all equipment and will reject
any equipment that is defective, with the cost of repair or replacement being the responsibility of
Consultant. The City reserves the right to test any and all equipment, regardless of the results of
Consultant's testing. In the event that the test results obtained by either Consultant or the City
reveals that any portion of the equipment does not meet the City's specifications or the City
identifies any defects in or damage to the equipment, Consultant shall promptly repair or replace
any defective equipment. Consultant shall be responsible for all direct and indirect costs that
may be incurred by the City in connection with the rejection and/or replacement of damaged or
defective equipment, including any damage caused to the City's existing equipment and the
Vemon Substation or the Malburg Project by the installation or use of defective equipment or
Services provided by Consultant or its subcontractors.
704.2 Costs of Testing. Consultant's testing obligations are included in
the Agreement Sum; provided, however, that the City shall pay any testing fees or lab costs
imposed by an outside laboratory.
7.5 Warranties.
7.5.1 Consultant' s Warranty. Consultant warrants that all materials and
equipment will be new and free from defects in materials and workmanship, comply with the
Agreement Documents, and be of good quality and merchantability, and fit for their intended
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purposes; and that all Work will be of good quality, free from faults and defects, in conformance
with the Agreement Documents, and performed in a good and workmanlike manner. All Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. If required by City or Project Manager, Consultant
shall furnish satisfactory evidence as to the kind and quality of materials and equipment used on
the Project. The term of this warranty is described in Paragraph 9.1, and this warranty shall
survive any termination of this Agreement.
7.5.2 Manufacturers' Warranties. Consultant shall obtain for the benefit
of the City, and assign to the City, commercially reasonable manufacturers' warranties for parts
.
and labor, which shall commence upon Substantial Completion, Consultant shall assist the City
in the enforcement of all such warranties.
7.6 Taxes. Consultant shall pay all sales, consumer, use, and other similar
taxes for the Work or portions thereof provided by Consultant.
7.7 Permits, Fees and Notices.
7.7,1 Permits. Consultant shall secure all permits, authorizations,
consents, and licenses necessary for the proper execution and completion of the Work, including,
without limitation, any such permits or authorizations required by the Environmental Protection
Agency (EPA) or the Air Quality Management District (AQMD); provided, however, that the
City shall be liable for the actual costs of any permits or fees imposed by any such governmental
or quasi-governmental agency.
7.7.2 Notices. Consultant shall give all notices and comply with all
laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the
performance of the Work. If Consultant performs any Work knowing it to be contrary to such
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laws, ordinances, rules and regulations, and without such notice to Project Manager and City,
Consultant shall assume full responsibility therefore and bear all costs attributable thereto.
7.8 Progress Schedule.
7.8,1 Schedule, Within 14 days after the execution of this Agreement,
Consultant shall prepare and submit for City's and Project Manager's approval Consultant's
revised schedule for the Work which shall be attached hereto and made a part hereof as Exhibit
C (the "Progress Schedule"). If the parties are not able to reach agreement on the terms of the
Progress Schedule within the above-described time period, the City shall have the right to
terminate this Agreement without cause, as described in Paragraph 12,2 below,
,
7,8.2 Meetings, At City's request, from time to time, Consultant shall
hold regular progress meetings with City and Project Manager at the Site. At such meetings,
Consultant shall report to City and Project Manager on the progress of the Work and such other
matters relating to Consultant's performance under the Agreement Documents as City may
request.
7,9 Shop Drawings and Samples. Consultant shall review, stamp with its
approval, and submit, with reasonable promptness and in orderly sequence so as to cause no
delay in the Work or in the work of any other contractor, all Shop Drawings and Samples
required by the Agreement Documents or subsequently requested by Project Manager,
7,10 Use of Site. Consultant shall allow Project Manager and the City's
authorized representatives access to the Site at all times. Consultant shall confine operations at
the Site to the smallest area feasible, shall not unreasonably encumber the Site with any materials
or equipment, and shall use its best efforts to not interfere with City's use of other portions of the
Site. Consultant shall not commence any Work before coordinating all activities with City, and
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shall not disrupt the operation of any Site utilities or services without the prior written consent in
each instance of City, Consultant at all times shall keep the Site free from accumulation of waste
materials or rubbish caused by its operations. At the end of each day and upon completion of the
Wode, Consultant shall remove all its waste materials and rubbish from and about the Project and
the Site, as well as all its tools, construction equipment, machinery and surplus materials, and
shall clean the Project and the Site, leaving it in a neat condition. If Consultant fails to clean up
upon completion of the Work, City may do so and the cost thereof shall be charged to Consultant
and deducted from the Agreement Sum.
7.11 Indemnification,
7.11.1 Consultant's Indemnity, To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold harmless City and its elected officials, officers,
agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses,
judgments, settlements and penalties, losses, fines, and "all costs and expenses incurred in
connection therewith, including reasonable attorneys' fees and all costs of defense, arising out of
or attributable to the negligent or wrongful acts of Consultant or its subcontractors, employees or
agents in the performance of Work or delivery and installation of Equipment under this
Agreement, except to the extent arising from or caused by the sole negligence or willful
misconduct of the City, its officers, agents or employees. The terms of this indemnity shall
survive the termination of this Agreement. The obligations in this Paragraph are in addition to
Consultant's duty to provide insurance and shall not be limited by any limitation on the amount
or type of insurance coverage carried by Consultant.
7.11,2 Indemnity Process, The City shall notify Consultant in writing of
any suits, claims or demands covered by this indemnity. Promptly after receipt of such notice,
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Consultant shall assume the defense of such claim with counsel reasonably satisfactory to City.
If Consultant fails, within a reasonable time after receipt of such notice, to assume the defense
with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or
indirect conflict of interest exists between the parties with respect to the claim, or if in the sole
judgment of City the assumption and conduct of the defense by Consultant would materially and
adversely affect City in any manner or prejudice its ability to conduct a successful defense, then
the City shall have the right to undertake the defense, compromise and settlement of such claim
for the account and at the expense of Consultant. Notwithstanding the above, if the City in its
sole discretion so elects, City may also participate in the defense of such actions by employing
counsel at its expense, without waiving the City's obligations to indemnify or defend.
Consultant shall not settle or compromise any claim or consent to the entry of any judgment
without the prior written consent of the City and without an unconditional release of all liability
by each claimant or plaintiff to the City,
7,12 Personnel. Consultant shall minimize changes to its key project personnel.
The City shall have the right to request reasonable Project personnel changes and to review and
reasonably approve Project personnel changes proposed by Consultant.
8. Additional Services/Change Orders.
8,1 Change Orders. The City reserves the right to request changes in the
Work, which changes are referred to as the "Additional Services". Additional Services may be
authorized only by a Change Order signed by the Project Manager and Consultant. If the City
requests Additional Services, Consultant shall prepare a proposal specifying a fixed fee
adjustment to the Agreement Sum, and, if necessary, an adjustment to the Agreement Time for
the requested modification. If Consultant believes Additional Services are appropriate, it shall
22
request such modification in writing, again specifying the fixed fee adjustment to the Agreement
Sum and adjustment to the Agreement Time before proceeding with the Additional Services.
Consultant shall immediately identify (by written notice to the City) any work requested by the
City which Consultant believes to be outside the scope of the Work, as defined in the Agreement
Documents, and such notice shall include a proposal specifying the fixed fee adjustment to the
Agreement Sum and Agreement Time, Change Orders shall be effective on receipt of the
executed fax copies with originals to follow thereafter as soon as possible, with the City to keep
originals on file, Each Change Order shall set forth a commercially reasonable fixed fee. The
fixed fee for each Change Order shall reflect the most expeditious and economical means of
achieving the task consistent with the interests of the City. If a Change Order increases the
Agreement Sum, Consultant shall include the Work covered by such Change Orders in
Applications for Payment as if such Work were originally part of the Agreement Documents.
The fee shall be negotiated in good faith and agreed to by the parties prior to the commencement
of the Additional Services; provided, however, that if the parties are not able to reach agreement
on the fee, Consultant shall provide the Additional Services pursuant to the City's written
request, and payment shall be governed by the terms of Paragraph 8.2 of this Agreement.
8.2 The City's DirectivelNotice of Intent to File Claim. If the parties cannot
agree whether or to what extent the modification justifies adjustments to compensation or
schedule, Consultant shall nonetheless timely perform the Additional Services, on the written
direction of the Project Manager (the "City's Directive"), and Consultant shall submit a written
''Notice of Intent to File Claim." The written Notice of Intent to File Claim shall reasonably
detail the amount of and basis for adjustment to the Agreement Sum and Agreement Time and
shall be submitted to the City (if at all) prior to commencing performance of the Additional
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Services. If the notice is timely given, Consultant shall keep and submit to the City on a daily
basis a complete breakdown of all costs incurred for the Additional Services, including a labor
breakdown by name of person, hours worked, and task performed, as well as a similar breakdown
for all equipment used and copies of all invoices and delivery tickets for materials used.
Consultant's failure to timely deliver a "Notice of Intent to File a Claim," or maintain and deliver
an accurate cost breakdown and supporting documentation, shall constitute conclusive and
nonrebuttable evidence that no adjustment to compensation or schedule is due for the Additional
Services. If the cost breakdown and supporting documentation is delivered by Consultant, the
parties shall endeavor, in good faith, to reach agreement on the increased cost of the Additional
Services and the time adjustment, if any, to the Agreement Time. If the parties are not able to
reach agreement, the City shall pay to Consultant the undisputed portion of the charges. The
basis for establishing the cost of Additional Services, if not otherwise agreed to by the parties,
shall be the increased costs (taking into account any offset based on the change) of the following
costs that are directly attributable to the change: costs of labor, costs of materials, supplies, and
equipment, costs of premiums for all increases in bonds and insurance, and additional costs of
supervision and field office personnel.
8.3 Validity of Claim for Changes. No claim for additional compensation or
extension of time shall be valid or recognized unless contained in a Change Order or City's
Directive signed by the Project Manager, Accordingly, no course of conduct or dealings between
the parties, nor express or implied acceptance of alterations or additions to the Work, and no
claim that City has been unjustly enriched by any alteration or addition to the Work, shall be the
basis of any claim to an increase in any amounts due under the Agreement Documents or a
change in any time period for the Work in the Agreement Documents.
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8.4 Minor Changes in the Work. Subject to City's prior approval, Project
Manager will have authority to order minor changes in the Work not involving an adjustment in
the Agreement Sum or an extension of the Agreement Time and not inconsistent with the intent
of the Agreement Documents. Such changes shall be effected by written order, and shall be
binding on City and Consultant. Consultant shall carry out such written orders promptly.
8.5 Concealed Conditions. Consultant represents that it has (i) examined all
available records and data regarding the Site and the Project, and has from such examination
informed itself concerning any conditions to be encountered and all other pertinent matters and
conditions in connection with the Work and Services to be performed hereunder, (ii) thoroughly
inspected the Site and determined that it is satisfactory for the Work, and (iii) read the Agreement
Documents and is fully cognizant of and is familiar with all of the terms and conditions thereof,
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In the event any concealed conditions shall be encountered in the performance of the Work which
(a) are not apparent from a thorough visual inspection of the Site, (b) are materially at variance
with the conditions indicated by the aforesaid records and data and the Agreement Documents,
(c) differ materially from those generally recognized as inherent in work of the character
provided for in this Agreement, and (d) cause a material delay in the Work or a material increase
of the cost of the Work which cannot be avoided (collectively, "Concealed Conditions"),
Consultant shall deliver to City within five (5) days of discovery of the Concealed Conditions a
written notice describing in detail the Concealed Conditions and estimating the delay in or
increase in cost of the Work caused by such Concealed Conditions (the "Concealed Conditions
Notice"). Consultant shall provide such supporting documentation for the Concealed Conditions
Notice as the City may require. Any claims of Concealed Conditions not made as specified
herein shall be deemed waived. Within fourteen (14) days after receipt of the Concealed
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Conditions Notice, the City shall either (x) authorize Consultant to proceed with the Work
through Construction Change Directive or Change Order, in which case the Agreement Sum
and/or Agreement Time shall be adjusted to reflect the increase in actual cost and/or delay caused
by the Concealed Conditions, or (y) terminate the Agreement in accordance with Paragraph 12.2,
9. Correction of Work.
9.1 Obligation to Correct Work and Correction Period, Consultant, at its cost,
shall promptly correct all Work rejected by Project Manager or the City as defective or as failing
to conform to the Agreement Documents, if reported to Consultant before Substantial
Completion, or within the later of (a) 18 months after Substantial Completion, (b) such longer
period of time as may be prescribed by law, or (c) the terms of the applicable manufacturers'
warranty (the "Correction Period"). The City shall give such notice promptly after discovery of
the condition. The Correction Period shall be extended with respect to portions of Work first
performed after Substantial Completion by the number of days between Substantial Completion
and the actual performance of the Work, and a new 18- month Correction Period shall commence
for all repaired or replaced items of Work on the date the repair or replacement was made,
Consultant's obligations hereunder shall include the obligation to repair any damage to other
property caused by the defective Work or the repair thereof, Consultant shall indemnify the City
from and hold the City harmless against any and all claims, liabilities, liens, damages, losses,
costs, and expenses, including reasonable attorneys' fees and all costs of defense, arising out of
or relating (a) to any such Work found to be defective or not in accordance with the Agreement
Documents, or (b) the correction of any such Work. Consultant's obligations under this
Paragraph 9.1 shall survive acceptance of the Work and the termination or expiration of this
Agreement.
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9.2 Compliance with Agency Requirements and Law. Consultant's obligation
to repair any defective Work shall include the obligation to make any repairs or replacements
required to bring the Project into compliance with applicable law and any requirements, permits,
or authorizations imposed by any governmental or quasi-governmental agency such as EPA or
AQMD.
9.3 City's Remedies, If Consultant fails to correct defective or nonconforming
Work as provided in this Paragraph 9, the City may correct it in accordance with Paragraph 6.3.
This remedy is in addition to all other remedies available to the City,
10. Protection of Persons and Property.
10.1 Safety of Persons and Property. Consultant shall take all reasonable
precautions and conform to all safety provisions and practices for the safety of, and shall provide
all reasonable protection to prevent damage, injury or loss to all employees on the Work and all
!
other persons who may be affected thereby.
10.2 Fire Precautions and Protection. Consultant shall take necessary
precautions to guard against and eliminate possible fire hazards and prevent damage to the Work,
building materials, equipment, temporary field offices, and public and private property,
10.3 Environmental Control.
10.3.1 Compliance with Law. All materials and work procedures used on
the Project shall comply with all environmental and air pollution control regulations in effect at
the Site. Consultant shall be responsible for obtaining all necessary approvals and certification as
to compliance of the materials and work procedures.
10.3,2 Use of Hazardous Materials, Consultant shall not use or cause to
be used any hazardous materials, as defined under any applicable federal, state or local law,
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including asbestos, or asbestos-containing materials, where feasible alternatives exist. In the
event that Consultant must use hazardous materials on the worksite or incorporate such materials
into the Work, Consultant shall (a) provide the City with copies of all material safety data sheets,
(b) use the utmost care in the use, storage, transportation and disposal of such materials, ( c)
obtain all necessary permits and approvals in connection therewith, and (d) at all times fully
comply with all applicable federal, state or local laws in connection with the use, storage,
transportation and disposal thereof.
II. Subcontractors.
11,1 Selection of Subcontractors, Those portions of the Work that Consultant
does not perform with the Consultant's own personnel shall be performed under subcontract or
by other appropriate agreements with Consultant (the "Subcontract"). If the City has a
reasonable objection to any subcontractor, Consultant shall submit a substitute to whom the City
has no reasonable objection, and the City and Consultant will negotiate in good faith to increase
or decrease the Agreement Sum in order to reflect any change to the cost of Work resulting from
the substitution of a new subcontractor.
11.2 Payment to Subcontractors. Consultant shall pay subcontractors based
only on Work actually completed, shall make all payments due under each Subcontract at the
time those payments become due, and shall hold the City harmless from any loss on account of
Consultant's failure to do so. Neither the City nor Project Manager shall have any obligation to
payor to see to the payment of any sums so due to any subcontractor.
11.3 Subcontractor Relations, In each Subcontract, Consultant shall require
each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound
to Consultant by the terms of the Agreement Documents, and to assume toward Consultant all
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the obligations and responsibilities which Consultant, by the Agreement Documents, assumes
toward the City. Each Subcontract shall (a) preserve and protect the rights of the City and
Project Manager under the Agreement Documents with respect to the Work to be performed by
the subcontractor so that the subcontract thereof will not prejudice such rights, (b) allow the City
the benefit of Consultant's rights, remedies and redress against the subcontractor, (c) be
assignable to the City in the event that the City takes over the Work or terminates the Agreement
as provided hereunder and the City specifically accepts such assignment by notifying the
subcontractor in writing, (d) entitle the City to at least fifteen (15) days' written notice from the
subcontractor of any default by Consultant under the Subcontract and provide the City with the
right to cure any such default within said fifteen (15) day period (or, if default is not susceptible
of being cured within fifteen days, to commence curing the same and to continue to take action to
do so with diligence until the same is cured), and (e) specifically provide that the City is an
intended third party beneficiary of such Subcontract. Consultant shall require each subcontractor
to enter into similar agreements with its sub-subcontractors. Consultant shall make available to
each proposed subcontractor, prior to the execution of the Subcontract, copies of the Agreement
Documents to which the Subcontractor will be bound by this Paragraph 11.3, and identify to the
subcontractor any terms and conditions of the proposed Subontract which may be at variance
with the Agreement Documents. Each subcontractor shall similarly make copies of such
Agreement Documents available to its sub-subcontractors.
12. Termination of the Agreement.
12.1 Right of Termination. This Agreement may be terminated by the City or
Consultant, with or without cause, upon at least fifteen days written notice to the other party,
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12.2 Termination by City Without Cause, In the event of termination by the
City without cause, Consultant shall be compensated for all Work performed prior to the date of
delivery of the termination notice, plus compensation for (i) necessary work performed during
the notice period and authorized in the termination notice, and (ii) all costs reasonably and
necessarily incurred by Consultant directly attributable to termination which could not reasonably
have been avoided and for which Consultant is not otherwise compensated that are incurred
through the date of the termination and in effectuating the termination (the "Termination
Expenses"). Termination Expenses shall not include lost profits, lost opportunities,
consequential damages, or the like.
12.3 Termination by the City for Cause or by Consultant without Cause. In the
event that Consultant commits a breach of a material condition of this Agreement, the City shall
notify Consultant in writing of said breach and if Consultant has not cured or begun reasonable
efforts to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue
corrective action, the City shall have the right to cancel this Agreement for cause based on
Consultant's default. Consultant shall be responsible for all direct and indirect costs due to the
City's re-procurement of the equivalent of the Equipment or Services cancelled from Consultant.
If this Agreement is terminated by the City with cause, or terminated by Consultant without
cause, the City shall pay Consultant for all Work performed prior to the date of delivery of the
termination notice, subject to the right of the City to withhold such unpaid amounts pending
resolution of damages incurred by the City as a result of Consultant's default.
12.4 Actions Subsequent to Termination. Following the termination date,
regardless of whether the Agreement is terminated with or without cause, and subject only to the
payments described in Paragraphs 12.2 or 12.3, as applicable, the City shall have no further
30
rights, duties, liabilities or obligations whatsoever under this Agreement. Upon a termination of
this Agreement, except for its obligations under Paragraph 12.5 below, Consultant shall have no
further rights, duties, liabilities or obligations whatsoever under this Agreement.
Notwithstanding anything in this Agreement, including the foregoing, to the contrary, Paragraphs
1.3,7.3.3, 7.5, 7,11, 9, 12,5, 13.1, 14, 16.2, 16,3, and 16.4 shall survive the termination of this
Agreement.
12.5 Delivery of Work Product. Within three (3) business days after any
termination of this Agreement, Consultant shall deliver to the City all Work Product (as defined
in Paragraph 13.1) pertaining to this Agreement or to the Project and any and all copies thereof,
,
whether in the possession of Consultant or a party engaged by Consultant; provided, however,
that solely for its internal auditing purposes, Consultant may, at its sole expense, make and retain
copies of Work Product materials, subject to the confidentiality provisions of Paragraph 14, '
Consultant shall also furnish all such information, take all such other action and shall cooperate
with the City as the City shall reasonably require in order to effectuate an orderly and systematic
termination of Consultant's duties and activities hereunder.
13 . Work Product,
13 ,1 Work Product Property of City. All documents, plans, designs, drawings,
data, databases, studies, reports and other materials, in whatever form or medium, prepared by or
for Consultant, its officers, employees, agents and subcontractors in the course of performing the
Work under this Agreement (collectively, the "Work Product"), but excluding working notes and
internal documents, shall be the property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Work Product materials shall be delivered to City by Consultant as they are generated.
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13.2 Form of Work Product. Work Product produced by Consultant shall
conform to the best standards of that profession, Information shall be organized in.a logical and
systematic manner. Drawings shall contain as much information on a single drawing as can be
done without impairing clarity and quality, All drawings shall be in Autocad 2000 or higher. All
design documents shall be in Microsoft Word format.
14. Confidential Information.
14.1 Access to Confidential Information. The City may provide Consultant
and/or its subcontractors with, or allow Consultant access to, certain information not available to
the public concerning the City or businesses located in the City. The information may include
information regarding companies located in the City, tax information, and information
concerning various company's sales, value of assets, or other confidential information about
companies dealing with the City, All such non-public information shall be known as
"Confidential Information" and may not be by Consultant for any purpose other than to perform
its duties hereunder.
14.2 No Disclosure. Except as expressly permitted by prior written consent of
the City, Consultant and/or its subcontractors shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any part of such Confidential
Information to any other person or entity, without the express prior written consent of an
authorized representative of the City. Consultant and/or its subcontractors shall return any
written Confidential Information and all copies made of such items to the City upon the City's
written request, but in any event not later than the date that Consultant has performed all Work to
be performed pursuant to this Agreement. Consultant hereby agrees that such Confidential
Information and any documents provided may be used by Consultant and/or its subcontractors
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only as authorized by the City. Consultant shall include a provision in its agreements with
subcontractors that binds the subcontractors to this non-disclosure requirement.
14.3 Court Ordered Disclosure. Consultant shall immediately notify the City of
any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate
with the City's legal counsel in responding to any such order or subpoena. Consultant may only
disclose Confidential Information required to be disclosed pursuant to court order or subpoena
after legal counsel has exhausted any lawful and timely appeal or challenge.
14.4 Exceptions to Confidentiality, The foregoing obligations shall not apply to
any Confidential Information lawfully in Consultant's possession prior to its acquisition from the
City; received in good faith from a third party not subject to any confidential obligation to the
City; or that now is or later becomes publicly known through no breach of confidential obligation
by Consultant or its subcontractors.
14.5 Remedies. In addition to any other remedies that it may have at law or in
equity, the City shall be entitled to a temporary and permanent injunction by a court of competent
jurisdiction against any breach or threatened breach of any of the provisions of this Paragraph 14.
Consultant acknowledges that in case of such breach or threatened breach of said provisions, the
City would have no adequate remedy at law, and the City shall not be required to post a bond or
other security or to prove damages,
15. General Provisions.
15.1 The Agreement Documents. The Agreement Documents represent the
entire and integrated agreement between the parties hereto, and supersede and replace all prior
and contemporaneous negotiations, representations, discussions, or agreements between the
parties related to the matters set forth in the Agreement Documents. Notwithstanding anything to
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the contrary in the Agreement Documents, any reference in the Proposal to "misc, clarifications
and attachments by Consultant and its other subcontractors" shall refer only to documents that
are specifically identified as exhibits to the Proposal or to this Agreement, and are attached to the
Proposal or this Agreement. Any reference in the Proposal to any clarifications, agreements, i
drawings, or documents that are not attached to the Proposal or this Agreement shall not be part
of the Agreement Documents, The Agreement may be amended or modified only by a written
amendment signed by the parties. Nothing contained in the Agreement Documents shall create
any contractual relationship between the City or Project Manager and any other party, including
any contractor or subcontractor of Consultant.
15.2 Forum Selection. Any action brought relating to this Agreement shall be
brought and held exclusively in a Court in or serving the County of Los Angeles, California,
15.3 Attorneys' Fees, If either party institutes an action or 16gal proceeding
arising out of or related to the Agreement Documents or the relationship of the parties or their
rights or duties in connection with the matters set forth in the Agreement Documents, whether
sounding in tort, Agreement, or otherwise, the prevailing party in such action or proceeding shall
be entitled to recover from the other party all costs and expenses, including all costs and
reasonable attorneys' fees, in addition to any other remedy awarded by the court.
15.4 Notices. All notices required or permitted by this Agreement shall be in
writing and may be delivered in person (by hand or by messenger or courier service) or may be
sent by certified or registered mail, return receipt requested, or by facsimile transmission during
normal business hours, if delivery is confirmed and provided a copy is also delivered via delivery
or mail, and shall be deemed effective upon delivery or refusal to accept delivery, if served in a
manner specified in this Paragraph 15.4 to the recipient as set forth below. If a notice is
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delivered on a Saturday, Sunday, or holiday, it shall be deemed delivered on the next business
day. Notices to the parties shall be sent to the addresses set forth below, or such other address as
is provided by one party to the other in writing.
CITY:
THE CITY OF VERNON
Attn: Bruce V. Malkenhorst
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058-0805
CONSULTANT:
CONSULTANT INDUSTRIAL SERVICES, INe.
CONSULTANT Pre-Commissioning Services, Inc.
1980 N, Hwy. 146
LaPorte, TX 77571
Attn: Tom A. Clanton
15,5 Status of Consultant. At all times during the term of this Agreement,
Consultant shall be an independent Agreementor. Except as the City may specify in writing,
Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity
whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to
this Agreement to bind the City to any obligation whatsoever,
15.6 Insurance. Consultant agrees to provide insurance in the amounts and
forms specified in Exhibit B, which is attached hereto and made a part hereof by reference.
Comparable coverage shall be provided for each subcontractor used in the performance of this
Agreement. Consultant shall submit to the City documentation indicating compliance with these
minimum requirements no less than one (1) day prior to the beginning of performance under this
Agreement. Consultant shall not commence performance of its Work under this Agreement until
the above insurance has been obtained and proof of insurance has been filed with and approved
by the City.
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15.7 Assignment Prohibited. No party to this Agreement may assign any right
or obligation except with the express written consent of the other party; provided, however, that
Consultant may enter subcontracts to perform portions of the Work under the terms and
conditions of this Agreement, and Consultant may by written request assign any right to receive
monies earned hereunder.
15.8 Partial Invalidity. Wherever possible, each provision hereofwill be
interpreted in such manner as to be effective and valid under applicable law, but in case anyone
or more of the provisions contained herein is held by a court of competent jurisdiction to be
invalid, illegal or unenforceable in any respect, such provision will be limited to the extent
required to make such provision valid and enforceable, and if necessary, severed from this
Agreement. All other terms and conditions shall remain in full force and effect.
15.9 Time of the Essence. Time is of the essence in the performance ofthis
Agreement and of each and every provision hereof. By executing this Agreement, Consultant
confirms that the time set forth herein for completion of the Work, and of specific milestones
identified herein, is a reasonable period for performing the Work and accomplishing the
milestones.
15.10 Waiver. No action or failure to act by the City, Project Manager, or
Consultant shall constitute a waiver of any right or duty afforded any of them under the
Agreement Documents, nor shall any such action or failure to act constitute an approval of any
breach thereunder, except as may be specifically agreed in writing.
15.11 Rights and Remedies. The City's rights and remedies under the
Agreement Documents are cumulative with and in addition to all other legal and equitable rights
and remedies which the City may have under applicable law.
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15.12 Arbitration. The parties agree that any and all disputes arising out of or in
relation to this Agreement, including without limitation any action in tort, shall be resolved
exclusively, finally and conclusively by arbitration in Los Angeles County, California under the
auspices of and pursuant to the rules of the Judicial Arbitration & Mediation Services Inc.
(JAMS). Each party will select an arbitrator. Those two arbitrators will then select a third. The
three member panel will make the final decision. All decisions of the arbitrators shall be in
writing, and the arbitrators shall provide written reasons for their decision. The arbitration
decision shall be final and binding on the parties. Notwithstanding the foregoing, the parties
shall be permitted to access the court system to enforce any arbitration award or to obtain
injunctive relief, The exclusive jurisdiction and venue for any such action shall be the Superior
Court of California, Los Angeles County. Any and all contracts between Consultant and any
subcontractor shall include the same arbitration clause.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by and through their authorized officers on the date, month and year first written above.
CITY OF VERNON
ATTEST:
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Bruce V. Malkenhorst, City Clerk
NALCO COMPANY, a Delaware
39
40
Corporation
By:~D
J!ed Name: ~~~ S. J:l,.\...CotUl
Title: SeA.- {h...m,~ ~l~ Wo.~
By:
Typed Name:
Title:
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by and through their authorized officers on the date, month and year first written above.
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
ATTEST:
Bruce V. Malkenhorst, City Clerk
APPROVED AS TO FORM
Eric T. Fresch, City Attorney
ONDEO NALCO COMPANY, a
Delaware Corporation
By:
Typed Name:
Title:
By:
Typed Name:
Title:
37
EXHIBIT
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NNALCO
Nalco Company, Water Treatment Proposal
For
City of Vernon, Malburg Generating Station
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Prepared by Michael Mackey
Nalco Representative
December 3rd, 2004
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Table of Contents
I. Confidenliafdy Statement
II. Executive Summary
IlL Service Summary
A. Service Outlne
B. Routine Service
C. Six Service Standards
IV. Chemical Treatment Program Summary
A. Cooing Tower
B. Closed Loop Cooing
C. BoBer Treatment
V. Equipment Package ~mary
A. BrIef Equipment Description
B. Equipment Tables
C. Instalation Summary
VI. Equipment Specs.lntonnalion and Cut Sheets
A. TRASAR Controler
B. IMI pumps
C. Walchem ControUers
D. Poly Bulk Tanks
E. Porta-feed bins and Containment
VII. Cost Summary of Chemical Treatment Program Options
A. Pricing Summary Overview
B. Pricing Table Summary
C. "BoBer and Cooling Treatment Chemical" Remized Cost Summary
D. "RO Chemical Treatment" Remized Cost Summary
E. " Portable Laboratory Table" Remized Cost Summary
f. Equipment Table Summary
VIII. Analytical Support
IX. QualftyAssurance
N NALCO
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Water Treatment Proposal
City of Vernon, Malburg Generating Station
Confidentiality Statement
N NALCO
The observations and recommendations presented within this document represent the proprietary
property ofNalco. All of the information contained within this document is to be considered
confidential, and is provided solely to the City ofVemon, Malburg Generating Station with
. the understanding that it will be treated as such. A consent request shall be made ofNalcoprior
to disclosing this information to any parties outside of the City of Vernon and any disclosures
shall be made only on a need to know basis. Each party gaining access to this information shall
be appraised of the nature of the confidential information and each party shall agree to maintain
such confidence.
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N NALCO
Executive Summary
Nalco's proposal for water treatment chemicals and services at the Ci1y of Vemon Malburg
Generating station is meant to be a comprehensive proposal offering more than the traditional
doRas per pOUnd method of doing business. Nalco is committed to significantly reducing your
facilities total cost of operation (TCO) by utilizing a combination of the best available technology and
equipment, and applied optimization projec1s.
In this proposal, we have recommended programs that will meet all special1y chemical and service
requiremen1s. The proposal is based on conservative estimates of water quafiiy based on design
specifications. Once the plant is in operation chemical cost optimization measures and operating
cost savings projec1s will commence. The highligh1s of our proposal include:
}> Two 1-year options that include boRer and coo6ng water chemicals, reverse osmosis
treatment chemicals, equipment packages and laboratory equipment and reagen1s. These
options address the first year of plant operation. Both options include service packages and
stainless steel chemical packaging and containment equipment for boiler chemistries valued
at $29,904.
}> The basic water treatment chemical progam for cooling, boiler and RO treatment chemicals
is priced at $99 .528/yr. The program includes a speciaized chemical transfer service for non-
bulk chemicals. Smaler portable stainless steel containers are provided on boiler and cooing
applications. RO chemicals are provided in sma115-galon containers for easy OOOOlOg.
}> Option A -Includes controlers, pumps, bulk tanlcs and containment. The equipment is paid up
front, $28.000. Chemicals for boilers, cooling and RO treatmen1s ae biDed on a fixed monthly
payment. Laboratory equipment and testing reagen1s are included in the monthly bling. The
fixed monthly invoice equals $8,939 .16. The total cost during the' first year is $135,270. This
includes any fabrication, chemical, equipment, laboratory set up, weeIdy service, training,
reports and TCO projec1s.
}> Option B - the equipment is paid out over 1welve months in equal instalmen1s of $2,683.37. A
single monthly billing including aR chemicals, services and equipment would amount to
$11,622.53 per month ($8,939.16 same as option A plus $2,638.37 for equipment finance). The
first year annual sum would be $139,470.36. All set'vices and project work ae included.
}> Equipment lnstaDalion by a Nalco professional is a separate cost. A rate of $1000 per day can
be biDed in one consolidated biDing or added to the monthly billing arrangement. Estimated
installation time is seven to ten days. If desired an outside contractor could perform the work.
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}> Service- start up testing and monitoring to help guarantee system performance and
chemical optimization. Training progam for all plant employees on the safe use, application
and testing of 0lX chemical programs. A weelcly service routine and progam administration
manuals will be developed for the special needs of the Malburg Generating station.
}> Projects- cost reduction projec1swill be developed to ensure optimum performance and
return on investment. Reducing the total cost of operation will be a "key" service
performance goal.
}> Chemical, equipment and service pricing may be adjusted or reconded at the end of the
year (anniversary date) of this agreement to account for any underage or overage of
produc1s and services. This will be reviewed with the Ci1y of Vernon to determine if any
changes are requred.
We appreciate the opportuni1y to propose on this business, and 1001< forward to completing this
project with the Ci1y of Vernon.
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Water Treatment Proposal
City of Vernon, Malburg Generating Station
Malburg Generating Station Service Summary
N NALCO
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N NALCO
Service Program Outline
start up Service .. Nalco personnel will supply the following services during the. start-up of the
plant. Assist OEM start-up engineers to:
. Conduct water analyses
. Review water system performance
. Review system prepaation chemistry
. SUpervise steam blow chemistry
. Supervise HRSG chemistry during inifiol1urbine ron
. Conduct operator 1raining
. Develop a Progam Administration Manual
. Estab6sh testing program a~ procedures
Early Operation Service Outline (Post Start UP)- Nalco personnel Will be avaRable during
commissioning and normal operation to conduct the following services:
. Review of chemistry and con1rol
. Custorrize operator 1raining
. Confim steam purity
. Confim water plant performance
. Estabish routine service plan
. Establish results monitoring measurement plan
. Continual operator 1raining
. Equipment inspections
. Rnal Program Administration Manual
. Updating Program Administration Manual
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Esfabnshlng Routine Service
The intent of the Service Plan is to have a list of mutually agreed upon service items that Nalco will
perform as scheduled. These service items provide the foundation of assurance that the treatment
programs are con1rolled and results monitored within the guideDnes agreed to by COY and Nalco.
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N NALCO
1. WEEKLY SERVICE
The HRSGs and' CooHng Towers will be pro-actively serviced on a weekly routine. This service will
include the verification of all chemical testing of water control parameters, feed equipment
checks, monitoring equipment check and log trend analysis. The service visit will indude a written
report that documents results and corrective action taken. This report will be distnb~ted and
verbally communicated to Malburg Generating Station personnel. Service will indude meeting with
plant operations to discuss any concerns/action items. The field engineer Will look at all of the
trends and information collected by the tech rep and make additional recommendations as
necessary.
Benefit: Monitor and control of treatment programs to ensure good control.
2. CORROSION COUPONS
Install corrosion coupons of different metallurgies (consistent with boDer and cooling system
metaUurgy) and analyze on a routine basis (coupons Will be collected by the field rep, analyzed by
the Nalco IaboratOl)', and ftte results interpreted by the field representative. The results Will be
presented to customer during the Quarterly Review).
Benefit: Quantify system corrosion rates and characteristics. Identify potential
problems and take corrective actions.
3. TURNAROUND INSPECTION REPORTS
Provide i1spection of cooHng water and boDer equipment during unit turnarounds. Inspections Will,
indude IaboratOl)'analysis of deposits, picture of equipment, and written report of inspection
findings. Assist t<ltalburg Generating Station in tumaround planning. Results will' be presented to the
customer in a report form following inspection, results will also be compDed during quarterly review.
Benefit. Quantify system performance. Provide correlation between monitoring
techniques and real unit performance. Assist in problem solving and action pt.anning.
4. QUARTERLY AND ANNUAL BUSINESS REVIEW
Review Quarter1y with Malburg Generating Station management program cost and performance.
Discuss in open forum, progress on current projects and prioritize. future efforts. Present new
technology that can optimize program performance. Discuss inspection reports, and coupon and
IaboratOl)' analysis.
Benefit: Provide regular audit of Nalco's status in meeting COYs expectations.
PriOritized current projects to best meet COY's concerns and needs.
5. ADDITIONAL STUDIES
Conduct additional studies on plant systems as needed. Studies include Oxygen studies on
boDer feedwater, steam sample analysis, cyde analysis, and any other useful study.
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N NALCO
NALCO SERVICE COMMITMENT
Ufilizing the Service Plan as the guide for providing the necessary services to implement our
program requires that capable Nalco personnel be responsible for its implementation and
completion. S1nJcture of the Nalco Team for both power projects was made to achieve the
folowinggools:
· Additional account coverage available 24 hou~/day, seven days/week.
· AU representatives educated in each item of the service plan.
· AU representatives have proven tracK records of service plan execution and
meeting customer requirements.
· Specific team representative responsible as account manager to coordinate
emergency service and coverage.
· Specific team representative responsible for coordinating business reviews with COY
management, has experience in conducting timely and accurate reviews.
· Team manpower and time commitment structured to assure completion of all items
of the Service Plan.
· Team committed to providing Malburg Generating Station with the service and
performance in order to maintain cOmpletion of the Service Plan.
Initial Training
Nalco representatives will be responsible for conducting initial training for all designated facility
personnel in a classroom setting consisting of a minimum number of agreed upon hours. This
training will emphasize the purpose and function of the Fadity's water processing equipment,
systems unit operations and Nalco's water treatment program. This training sequence will
stringently emphasize the proportional relationship of system control to HRSG and heat
exchanger cleanliness: this is System Capacity and Availabftity.
Training of Laboratory testing and interpretation of analysis Will also be given to all operators
involved in the testing of the plant
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Routine Training
The Nalco representative Will be responsible for the continual training, on an as-needed basis,
during his/her routine on.;.site service worK. The Nalco representative will document all such on-
site training in a Service Report written the day of the training.
Refresher Training
The Nalco representative will be responsible for providing refresher training as requested by the
FacBity Manager. As refresher training consumes the Nalco representative's allocated on-site
time, the appropriate frequency of this training should be discussed and established during
Service Plan reviews. -.~
Training Aids
All initial training and refresher training by Nalco Will utftizeall Nalco training resources available.
These resources include a variety of audio and visual media. Standard training sessions can be
conducted using video, slides, transparencies or computers.
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Available Consultant Call-Out Support
N NALCO
This resource is available to the City of Vernon Malburg Generating Station po~ project to
provide detailed analytical testing, os well as research capabilities. Corporate support will also
assist in prOblem solving through use of on staff service consultants. These consultants are available
to assist in local projects that require their specialized expertise.
Six Service Standards
Successful business relationships start with good communications. We have formalized our Six
Service Standards which are designed to increase the communication between your 'local
Nalco representative and you and your team. Six Service Standards is a step-by-step process for
assuring that we meet your objectives and provide the results you expect.
The steps ore:
Organizational survey -to focus on your gools
Plont/System Survey - to discover opportunities for problem-solving/prob/em-prevention
ServiCe Plans - to mutUally prioritize Projects
Program Administration Manual-to assure effective on-site application of programs
Personal Service Reports - to communicate progress
Business Reviews - to document results
The better we understand your priorities, the better we can help you meet and exceed your
goals for system performance, environmental management, and, ultimately, profitabifity. '
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NNALCO
NALCO CHEMICAL COMPANY
Six,Service Standards
Service Standard Definition Customer Benefit
A list of the key customer contacts This survey enhances communications
who interface with Nalco field among Nalco and Customer plant
People personnel. This fist is, frequently in the personnel. By conforming to known
Survey form of an organizational chart. Customer preferences, Nalco personnel
Customer preferences regarding perform service in the manner best
communications, meeting times, etc. suited to the Customer's requirements.
is also included.
, A written collection of information and This collection of data not only permits
data including descriptions, the Nalco representative to better
Plant/System measurements. 'calculations, and service the Customer's plant, but also
Survey analyses of certain key elements enables other Nalco people to assist the
assodated with the Customer's Customer in the primary service
sYstems and the Nalco oroaram. reoresentative's absence.
A definitive guide to the proper The Customer obtains excellent
application of Nalco programs. The technical results in the plant. The PAM is
manual is located at the Customer site designed to optimize the Customer's
Program and is used by operators and other ROI from each Nalco chemical
Administration key Customer personnel as a resource appfication.
Manual to help assure a quality Nalco
program. The manual plays a key role Operator confidence is high, as a
in plant start-ups, operator training definitive guide exists that determines
and as a general account their actions in the event of system
manaaement tool. upsets. "
A written schedule of the prioritized The Nalco chemical treatment program
activities required of both Nalco and provides the Customer with the optimal
Customer personnel to ensure the ROI from the Nalco program(s).
Customer receives optimal program
ROI. The Customer and Nalco joinfly define
and prioritize the activities required to
Service The service plan defines service call achieve the Customer's short-term and
Pion frequency based on the Customer's long-term goals.
needs.
Candid Customer input also serves to
make the service plan an important
profidency critique for the Nalco
service personnel.
, A document. written on Nalco The Customer obtains a record of the
Personal letterhead. by an Nalco services performed. as well as a
Service representative to a Customer which discussion with the Nalco representative
Reports summarizes a service call or project. of the outcome of the Nalco
activities/services.
A meeting with the Customer to The Customer and Nalco jointly review
discuss the results of the Nalco Nalco program results. They then define
Annual program(s) and the ROI realized by and prioritize the activities required to
Business the Customer. The Customer and achieve the Customer's short-term and
Review Nalco jointly define goals and prioritize long-term goals.
the projects and activities needed to
, realize the goals.
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!II NALCO
Malburg Generating Station Water Treatment Programs
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N NALCO
Cooling, Tower Program
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Nalco proposes on extensive cooling water treatment program designed to prevent scale,
cooosion, microfoufing and macrofoufing throughout the cooling system. All program chemicals
will be fed by automated controllers and/or pumps. All chemistries are "hands free".
Based on reclaimed raw water analysis supplied by COy, the circulating water treatment
program recommended at Malburg Generating Station is 0 multiple polymer, anti scale and
deposition based chemistry. Corrosion inhibition is achieved primarily by phosphonate,
phosphate and pH control. Phosphate concentration is derlVered by malee up water supply.
Microbiological control is achieved by maintaining tower deanliness and the appfication of
bo1h oxidizing and non-oxidizing biocides.
Chemistry
TRASAR 23296 - A fluorescent 1roced chemical controled by an automated monitor and feed
contoler. This chemical contains a blend of organophosphonate, phosphates and anionic polymers
thatcan effectively control scale, deposition and corrosion in cooling systems that utilize reclaim
water os the primay malee-up water supply. This product is especiaUy weB suited for use with high
efficiency film pacldng in cooling towers. TRASAR 23296 contains an inert tracer material that aRows
for precise chemical control. Chenical is fed on a continuous basis to the cooling tower basin in
c~ with 1he TRASAR controller and monitoring pacleage.
Nalco 7348 PLUS - A non-ionic bio-penatrent and surfactant compound that promotes system
de<rilfless. 7348 PLUS worlcs in conjunction with biocides to Ieeep systems dean by minimizing
deposition on aU surfaces (heat exchange surfaces, tower packing, etc.) Mud, silt bio-masses, organic
and non organic substances are Ieept f1uicfrzed to minimize deposition and filming. This chemical is fed
by pump on a continuous basis to the cooling tower basin.
Nalco 7330 - non-oxidizing biocide. lsothiazolin biocide is used for the control of microbiological
systems. This biocide is particular1y useful in cooling systems with high effICiency tower pocking.
Feeding is based on biological testing of the cooing water and is typically added on a serni-regular
basis. Bacterial coun1s will determine ac1ual usage rates. System dean&ness will be a aiticel factor in
mai1taining good heat transfer rates. Biological control is of the utmost importance when using
reckim water in cooling systems. Chemistry is de&vered by pump into the cooling tower basin.
Sodium Hypochlorite - An oxidizing biocide used to control cooling water biology. This commodity
itemwl be controlled by an ORP analyzer (ORP: oxidation / reduction meter which reads in mY).
Ideal feed location for our ci"cumstance is to cooling tower refum header. Alternate choice is to the
cootlg tower basin.
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Sulfuric Acid - Acid supplied for pH control of cooling water. Cooling water pH control is vital to
progam success for both control of deposition and scaling and control of corrosive nature of
water. At higher pHs' inorganic salts tend to become less soluble whHe at lower pHs' water tends
to become more corrosive. Oxidizing chemistry control is also effected by pH of the cooling
water
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1:1 NALCO
Cooling Tower Chemical Control Table
(Based on reclaim chemistry and system design data)
All coofing tower chemistry is based on cooling tower design and reclaim makeup water design
data. Program evaluation and monitoring will be required to verify actual conditions after
system start-up. Chemical feed rates were calculated based on the estimated maximum water
requirements as prOvided byCOV.
Nalco Chemical Feed Calculation Example:
Cooling Tower Cycles = 4
Cooling Tower Blowdown (including drift) @ 4 cycles = 233 gpm
Reclaim Make up = 879 gpm
R.O. reject to tower = 25 gpm
Coofing Tower Evaporation rate = 701 gpm
CooUng tower estimated volume = 100,000 gallons
Chemical feed based on cooUng water blowdown losses. At 233 gpm blowdown we have:
1) 233 gallon/minute x 8.34 Ib/gallon x 60 minutes/hour x 24 hours/day = 2.798 million pounds/day
2) Desired treatment of TRASAR 23296 is 40 ppm (based on chemistry)
3) 40 ppm Trasar x 2.8 mUlion pounds of water/day = approx. 1121bs of TRASAR 23296/day
4) 1121bs Trasar 23296 */. (10.7lbs/gallon) =10.5 gallons per day of TRASAR 23296
Nalco 7348 is fed to achieve a 10 ppm concentration.
Nalco 7330 is fed to reach 60 ppm concentration based on the volume of the cooling system.
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Closed Loop CooDng Water Treatment
NNALCO
The dosed loop cooing water systems are utilized throughout the plant to cool high heat flux
exchangers. In a closed loop water system the two main water cherrishy concerns are corrosion
con1rol and microbiological control. Qndeo Nalco suggests a systematiC monitoring approach to
maintain the systems within spedfied guide6nes.
We recommend the use of Nalco8322 for closed loop corrosion control. The 8322 is a molybdate-
organic phosphate, polymer and IT blend which inhibi1s corrosion of mild st~ and copper aBoys. The
molybdate product is not suscepfible to bacteria attacks which can occur inclosed systems.
It is difficult to estimate theamqunt of 8322 that will be used on a monthly or yearly basis, as it is
di'ecIly related to the amount of water lost from each of the dosed loop cooing water systems.
However, an initial dose of 11.5 gallons of 8325 to our estimated system volume of 5,000 gallons W11
provide a molybdate residual of appro>Cimately 70 ppm and a phosphonate residual of
appro>Cimately 25 ppm.
Oosed Loop Chemical Control Table
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N NALCO
Boiler Water Chemical Treatment
feedwater and Condensate System
The primary goal for water treatment of the condensate and feedwater system is to prevent
steel corrosion and related corrosion product transfer into the boiler system. Proper control of
the pre-boHer system WIll maintain boiler efficiency. Control usually involves the addition of an
oxygen scavenger and some type of amine (or blend of amines) for pH control. Oxygen
reduction minimizes the potential for oxide formation and oxygen corrosion while the amine
decreases overall corrosion by elevating the pH and neutralizing any carbon dioxide ingress.
NALCO 356 - A corrosion inhibitor designed for use in steam and condensate systems. Nalco 356
is a blend of highly volatile amines that provide effective neutralization of acidic gases such as
C02 throughout the condensate system. The advantages over ammonia are consistent
distribution in the steam and condensate systems and safer handUng. The chemistry is applied
either to steam headers or feedwater systems. The product can be diluted and should be fed
continuously. The chemicalr~tes are adjusted based on feedwater and condensate pH.
EUMINOX - Carbohydrazide oxygen scavenger/reducing agent is used primorily in start up of
plants to guard againstpotential.problems encountered in the pre-treatment systems. The
chemical addresses problems associated with oxygen attack in the feed water loop. Evaluation
after start up to determine longer term needs are encouraged in systems which are copper free.
The product can be fed to condensate discharge pumps or to feedwater pump suction post
deareator. The chemistry is fed continuously. Chemical residual testing and/or continuous
oxygen monitoring evaluate the treatment.
Heat Recovery Steam Generator
The heat recovery steam generator is chemically treated to prevent scale and iron deposition
that could result in. heat transfer loss or boiler tube failures. Phosphate is.added to stabHize any
hardness ingress. Phosphate prevents hard scaling and polymers prevent the growth of
crystalline structures keeping any particulate suspended. Contaminants are then removed
through the boiler blowdown system. Phosphate also functions to buffer the boiler. water pH,
preventing excursions during transients and plant upsets.
NALCO BT..3ooo - Product 8T 3000 (NaPO.. ratio 3.00:1.00) will provide excellent pH control
consistent with . the guidelines for Equinbrium Phosphate Treatment (EPT), and operating with a
phosphate control range of 4-7 PPM and pH range of 9.3 to 9.9 in the HP. This phosphate control
range will provide pH buffering capacity in the event of process contamination as well as
minimize the opportunity for phosphate hideout during plant upsets.
No supplemental feed of caustic will be required. Subtle factors (such as sodium leakage
through the make-up plant) can impact the amount of phosphate required to control pH in the
HRSG system. This is best determined once the plant is operational and boiler systems have
stabHized.
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NNALCO
Chemistry Guidelines for Malburg Generating station HRSG
Chemistry Control Targets for Equlfibrium Phosphate Treatment (EPT)
feedwater Make-UD
r~ter
Specffic Conductivity
SiIico
. Units
uS/em
ppb
Noond Linits
<1
<10
Condensate PUmD Discharael feedwater
Units
H
b
uS/em
uS/em
Normd Limits
8.8 -9.2.
<10
<8
<.25
HP BoBer Water -1300 DsI
Parameter
H
. C
Cation Co
Phos e
SiIico
Units
H
uS/em
uS/em
Normd Limits
9.3-9.9
< 100. (to be detenrined
20
4t07
1.0
Saturated orSuDerheated Steam
Parameter
Cation Cond
Sodlrn
Silica
Urns
uS/em
b
b
Nonnd Umits
<.15
<3
<10
These values ore . subject to evaluation based upon turbine manufacture specifications, actual
operations data and pretreatment specifications. EValuation of oU chemical targets and
Specifications will be considered during plant start up and "normal" operations as part of our service
package.
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N NALCO
All boler system chemistries were based on design data. Water treatment p/antqua6ty, deareator
operation and boBer design data where all considered in the evaluation of chemical treatment
requirements. Once the plant becomes operational all chemical porameters WIll be checked against
design specifications. At that time any acfJUstments or recommendations required to achieve
appropriate boiler water, steam, condensate and feedwoter chenistry will be presented. Pat of the
start up program wiD include verification of these parameters.
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BOILER Chemical feed Calculation Example:
BASIS:
Steam Rate = 420,000 Ibs/hour
BoRer Cydes = 100
Boller BIowdown rote = 8.5 to 12 gpm
Condensate Retum = 100%
Make up Malkarlnity = 0.5 ppm HC03
Feedwater Oxygen
EUMlNOX requirement in feedV(ater:
1) Feedwater = steam rate x ( Cycles/cycles-1) = 420,000 b/hr x (1 (0199) = 0.424 miIIionlbsJ/1ol.K
2) 8ininox feed = 23 ppm product per ppm oxygen in feedwater + 1 ppm residual
23(0.0 1) +1 = 1.23 ppm required
3) 0.424 MM Ib/hour x 24 = 10.2 mUon pounds per day feed water, 1 0.2x( 1.23) = 12.5lbs/day EUrrinox
4) EUninox 12.5/bs/day 1(8.5 bs/galon) = 1.5 ga/Ionsperday
-',
Nalco 356 Calculation:
Additional basis: C02 in feedwater is estimated at 0.44 ppm Ondudes concentrated C02 in boiler
and condensate return) .
Amine requirement = C02ppm of steam x Dosoge Factor x boiler recyde
= 0.44 ppm (5.0 ppm Amine) x 0.99 = 2.1 ppm Amine
There fore ot 10.2 million pounds of feedwater we have 10.2(2.1) =.21.4 Ibs Amine product
21.4 Ibs 1 (8.2 Ibs/goBon) = 2.6 gallonS per day Nalco 356 Amine
)
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Water Treatment Proposal
City of Vernon, Malburg Generating Station
NNALCO
Malburg Generafing station Equipment Package Summary
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N NALC6- -
Equipment Package Summary
nt Description
Jipment discussion folowed by a table of the proposed equipment is presented here. The
t is discussed in two parts. The fist part descnbes the equipment included in the progam as
ler specio/ delivery services or as part of unique chemical deivery systems. The second
)f equipment ore those, which ore typically purchased out right or leased. These include
nical feed pumps, controllers, bulk tanks and tankage containment.
6quiprnentPackage
\SAR 3000 control module feedback controDer. Used for monitoring and controDing coofing
Iter inhibitor programs. The controRer contains a microprocessor-bosed fluorometer that
!Osures and controls the fluorescent traced chemical inhibitor. This system keeps
rformonce high and costs low. Chemical feed control is precise. Chemical read out is
ntinuous and a" to 20 mV signal can be used to send a signal wherever desi"ed.The unit
mes with an evergreen packagethot alows for 0/1 repairs and upgades for the fife of the
::>ing progam.
inless steel portable ..porta-feed" chemical tote bins and chemical containment, which
'Tle with our chemical transfer service. Designed for feed applications which are too small
truck delivery and which offer a completely hands off transfer of chemical. Chemicals are
1Sferred by a No/co delvery specialist who brings in portable refilable containers and
1Sfer hosing to transfer product into the base units located in your facility. This is especialy
!fui when chenical storage is located in smaI or tight locations not easily accessed. A total
;be units ore included in the package. All come complete with containment, sight glosses,
:horge header assembly and shelving to accommodate chemical feed pumps. Cam lock
"lgs and transfer hosing complete the package.
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j6qui~ntPackage
ISed equipment package indudes 10 chemical pumps, one 1300 gallon poly.;. bulk tank,
ndred goIon bulk tanks, portable bleach containment, three 30 gallon containers, two ten
tainers/tanks and containment basins, one portable chemical containment basin, three
)ne corrosion coupon rack and three WoIchem controllers.
:h chemical pump was selected based on the duty or service, materials compatibiUty with
chemis1ry and operating conditions or climate. Of the 10 pumps eight are manufactured
1MI, a company that specializes in chemical applications. The pumps are simple
)Iocement pumps that hove few parts and are easily maintained. For service where
~mical feed is continuous two pumps ore recommended to prevent any "down time" from
lice.
pumps are designated to feed the chemical inhibitors and acid feed.
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Water Treatment Proposal
City of Vernon, Malburg Generating Station
N NALCO
Equipment Specifications, Information and cut Sheets
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lIASAII~ ..
Coo I i n 9 Wa t e r T R A S ARC 0 ntr 0 II e r
Description
TRASAR 3000 is the control module for
TRASAR cooling water inhibitor programs.
It monitors anp controls based on the
TRASAR component present in the recircu-
lating water. By continuously reading the
exact level of TRASAR proportional to
actual product level, a feedback control
signal is generated. The signal is used to
precisely control product addition so that
treatment levels can be reliably maintained.
Key Features
. Microprocessor-based fluorometer optimizes
system performance by maintaining exact levels
of TRASAR product concentrations under
varying operating conditions.
. State-of-the-art electronics/optics provide
exceptional tolerance to challenging water
quality and severe operating conditions.
. Compact, rugged design minimizes mainte-
nance requirements through the use of reliable
solid-state components and the elimination of
all moving parts. Specially designed quartz
flow cell maintains high flow velocities and
resists fouling.
. User friendly interface provides access to
configurable pump logic that can be customized
to meet the needs of any system.
. System status reported via a local display and
isolated.4-20 mA output signal.
. Internal data logger stores critical information
for troubleshooting. service report generation,
and proprietary TRASARc Dose & DiagnoseSM
services.
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IRASAI. ~
Cooling Water TRASAR Controller
Specifications
AniJieIf Operating TemperaIJIe: 4-490C (4Q..1200F)
Control 0UtpI1: Ole (1) 5 arrp relay fusa:l at 3 ffillS
Dimensions: 203 x 1~ x Zl9 rnn (8 W x 4 0 x 11 H i1.)
Drain: l.kTestrtfed fa sarpe dischar~
Ent:IosIIe: N:MA 4X11P65 (WBl. nn.rtaj m a flat. Sl.I'fa:e)
PipitIfF PVC schedule 00
PfNJet: lkIi1e"sal poY'S stWIY. 12G'240 VAC
Searily: Passwrd p-00lCted
Signal 0JIfMII: 4~20 mA. isolated
KWer PressIre: 7 bi:r (100 psI). max.
.
Row Requirements: 1.9 Vm (0.5!PJ1) mninun
Water T~ 6O"C (14O"F) max.
~2.3 kg (Sib)
~;.
5.13.
...-
1.7.-
......
Figure 1 - TRASAR 3000 schematic
Installation
and Maintenance
Customer responsibilities include mounting
controller, plumbing sample line and drain,
and supplying electrical service. Startup and
installation assistance is available through
Nalco.Applied Services' NalcoSERV- program.
Contact your local Nalco representative for
additional information.
To Order
TRASAR 3000 units are available through
your Nalco representative as part of a complete
TRASAR program designed to suit your partic-
ular needs. Each unit comes with an operating
manual, plumbing accessory kit calibration kit
software diskette (for dCfM1loading data), RS232
cable with adapter, spare bottom dean~out
plugs (4). and terminal strip tool.
,:)
NALCO APPLIED SERVICES
NAlCO CtEMlCAl COMPANY. ONE NAleO CENTER . NAPERVIllE. IU.INOlS 60563-1198 . USA
NAlCO EUROPE B.V..IR. G. TJALMAWEG 1 .2342 BV OEGSTGEEST. P.O. BOX 627.2300 AP lEJOEN. THE NETHERlANDS
NAlCO PACIFIC PTE.LTD . 21 GUllANE . JURONG TOWN. SINGAPORE 2262
NAlCO LATIN AMERICA. AV. DAs NACOES UNIOAS 17.891 ; 11. ANOAR SANTO AMARO G4795-100 . sAo PAULO. SP . BRASil
.!t.... TRASAR and NalcoSERof 8fe tegisIeted _ of Nab) Chemical Compa~.
01999. 2000 .Nalco Chemical Company. AU rights resetved. Printed in USA 11100 Bulletin 404
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Applied Services Price Book
PUMPS
liquid Metronics Pumps (LIII)
Liquid Metronics Pumps - BIC Series. Range - - - - - .
0-20gph.20-300psl _ _
8IC Series lMlpumps 8I'e for slightly viscous liquids up to 500 cps viscosity. Standard fittings are for 318 inch 0.0. tubing. The
required 20 psi back pressure is automaticaUy supplied with the anti-syphonlback pressure relief vallie.
LMl's solenoid Metering Pumps are used for the precise injection of chemicals into a process or system.
~.
. Accurate Speed Control
. FuUyEricapsulated Electronics NEMA 4X1IP65for protection against corrosive environments
. Variety of Liquid Ends to meet materials of construction and physical property requirements
. Multi-function Valves make start up easy
. B/eed Valves handle products that tend to evolve gas
. Variety of Control Options Available (stroke length, frequency, external (pulse or 4-20 mA), microprocessor programmable control
(4-20 mA, pulse, pulse multiply or divide)
Normal Lead Time: .7 days
Shipping Point:. MADISON, WI
Shipping Weight: 44-55 KIlOgrams
Analytical Procedures *Not Applicable
Specs "Work in Progress
Liquid Metronics Pumps. BIC Series. Range O~20gph, 20-300psl
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Applied Services Price Book
COOLING TOWER CONTROLLERS
coonn; Tower ControUers
Cool.:.;; Tov:erContiOilers (Walchem) - - - . - ~ _ :_.
e Reduces .time spent by operators monitoring cooling system and making adjustments
e Cooling systems operating at optimal conditions allows the plant to maximize production levels
e Good system control helps reduce water, energy and chemical costs
The WaIchem line of Cooling Tower Controllers truly is an affordable line of high-quality and reliable cooling tower controllers. Models are
available to meet the specific needs of most cooling water systems. From simple, conductivity controllers to more complex dual input
controllers which control multiple parameters such as conductivity, biocide feed and inhibitor feed and pH or ORP. These c0ntr0liers
include many features not found in other models that simplify operation and provide you with years of troubJe.free operation. One feature
is the abity to sample the tower intermittently. This is great for small systems where continuous sampling is not practical. Differential
.styte pH and ORP sensors with isolated sensor inputs eliminate ground loop problems that result in inconsistent results, fals~ readings
and short sensor life. They also have replaceable pH and ORP cartridges to reduce replacement costs and time. Self-diagnostics
constanlly monitor software and electronics and displays any operator-needed messages.
Walchem controllers are avaOable with a flow switch/sensor manifold mounted on a polypropylene panel or with the sensors mounted in a
tee. AIi models shown include sensors and 4-20 mA output(s) of measured parameters to provide a clear signal to an external device
such as a chart recorder or PLC.
Standard Features - All Models
e Backlit digital 2 x 16 LCD display
. Relays group fused at 10 A@115VAC, 6.0 A@230VAC. 50/60 Hz
e 6- pigtails w/plugs for On/Off control Of pumps, alarm and blowdown
. Direct or inverse control action
. Temperature display 32-158 deg.F (0-70 deg.C)
. Isolated 4-20 mA output(s)
e UL. CSA, CE Approved
Additional Features WCT & WDT Models
. 4 Chemical feed options
. Tower bleed cootroI
. Flow totalizer based on water meter/contactor
e Lockout timers
e Contact dMder - up to 100 pulses
WCT31. Only Features
· Programmable dual biocide addition timers - choiCe of 1,7,14 or 28 day cycles
. Abilytoadd biocide up to 10 times a day
. Conductivity based prebleeds
Sensor Data
Measurement Temperature Pressure Max. Length
Sensor Range Limits Limits Sensor Cable
Contacting ConductrAty 10-10,000 uSIcm 32-158 deg.F (0-70 deg.C) 150 psi (10.3 baI) 500 ft (153 m)
pH 2-12 pH 32-158 deg.F (0-70 deg.C) 100 psi (6.9 bar) 1000 ft (305 m)
ORP -1500 to 1500 mV 32.158 deg.F(G-70 deg.C) 100 psi (6.9 bar) 1000 ft (305 m)
Note: Models 021-CL1000.88, 021-CL1002.88, 021-CL1004.88, 021-CL1016.88, and 021-CL1010.88 ship in 5 days ARO, other models in 10 days ARO
Noonal Lead Time: 7 days
Shipping Point HOLLlSTON, MA
Shipping Weight 4.536 Kilograms
.. .' .
~~~ti[~~iCab1e
WCT3iG Conductivity Controller (shown with and without flow switch/sensor manifold)
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Table 1 - Tank dimensions
Dimension and Weight Chart
Nominal Approximate Approximate Approximate Orientation
capacity (gal) Diameter Ove~1I Height Tank Weight (Ib) ~B" (fill pipe)
540 4 ft -0 in 6fl~5-1I2in 140 2700
805 4ft-Oin 9fl-5-1/2 in 190 2700
905 5fl-4 in 6fl-4in 240 2900
1,300 7ft-1in 5ft-5in 350 300"
1,400 5ft-4in 9ft-7in 415 2800
2,000 7fl-1 in 8fl-1-1I2in 600 3000
2,650 8ft-Oin 8fl-5 in 710 3100
3,900 7ft-10 in 12fl-6 in 1100 3100
5,050 7fl-10in 15ft-8 in 1700 3150
6,150 10fl-2in 12fl-1 in 1500 3150
. 8,200 11fl- 11 in 11 fl-8 in 2300 3150
10,300 11 fl-11 in 14ft-2in 3600 315"
12,250 11 fl- 11 in 16fl-10in 3900 3150
Table 2 - Standard polyethylene bulk tanks
Standard Tanks Selection Guide
Stainless steel fittings PVC fittings Bleach Tanks
Nominal Heat Heat Heat
capacity Standard traced and Standard traced and Standard traced and
(gal) ~nk insulated tank insulated tank insulated
540 241-TPSOOA.88 241- TPSHOA.88 241-TPPOOA.88 241-TPPHOA.88 241- TKBOOA.88 241-TKBHOA.88
805 241- TPSooB.88 241- TPSHOB.88 241- TPPOOB.88 241- TPPHOB.88 241-TKBOOB.88 241-TKBHOB.88
905 241- TPSooC.88 241- TPSHOC.88 241-TPPOOC.88 241-TPPHOC.88 251- TKBOOC.88 241-TKBHOC.88
1,300 241-TPSOOF.88 241- TPSHOF.88 241-TPPOOF.88 241-TPPHOF.88 241-TKBOOF.88 241-TKBHOF.88
1,400 241~TPSooG.88 241- TPSHOG.88 241-TPPooG.88 241- TPPHOG.88 241- TKBOOG.88 241-TKBHOG.88
2,000 241- TPSooH.88 241-TPSHOH.88 241-TPPOOH.88 241- TPPHOH.88 241-TKBOOH.88 241-TKBHOH.88
2,650 241-TPSOOJ.88 241-TPSHOJ.88 241- TPPOOJ.88 241~TPPHOJ.88 241- TKBOOJ.88 241-TKBHOJ.88
3,900 241-TPSOOK88 241-TPSHOK88 241-TPPOOK88 241-TPPHOK88 241-TKBOOK99 241- TKBHOK.88
5,050 241-TPSooN.88 24 t- TPSHON.88 241-TPPOON.88 241- TPPHON.88 241-TKBOON.88 241-TKBHON.88
6,150 241- TPSOOS.88 241-TPSHOS.88 241-TPPOOS.88 241- TPPHOS.88 241-TKBOOS.88 241- TKBHOS.88
8,200 241-TPSOOV.88 241-TPSHOV.88 241-TPPOOV.88 241-TPPHOV.88 241-TKBOOV.88 241-TKBHOV.88
10,300 241-TPSooW.88 241-TPSHOW.88 241-TPPooW.88 241- TPPHOW.88 241-TKBooW.88 241-TKBHOW.88
12,250 241- TPSooX.88 241-TPSHOX.88 241- TPPOOX.88 241-TPPHOX.88 241-TKBOOX.88 241- TKBHOX.88
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001-H08432.88 wlo optional drain
241-CWIOll.88 wi optional drain
Intermediate Bulk Containment Made Easy
The units features a large sump capacity of 385 gallons, exceeding EP A 40 CFR 264.175
regulations. The unit also comes with an integrated 5-gallon pail holder for quick and easy
dispensing.
One-piece, lightweight, 100% polyethylene mc spill containment unit that is forldiftable mid
nestable for convenient shipment and storage, and reduces shipping costs. The polyethylene
construction will not rust or corrode or have adverse reactions with chemicals. An optional drain
is available.
Product No.
.. Exterior Dimensions
5469- YE
72" Lx 80" W x 29" H
182.88 cm x 203.20 em x 73.66 em
55" L x55.5"W x 29" H
139.70 em x 140.97 cm x 73.66 em
308 Ibs. / 678 kg
385 gal./1457.45liters
8.000 lbs. UDL
EPA 40 CFR 264.175
....
Pedistal Dimensions
Weight
. Sump
Max. Load Rating
Regulations
Contact Applied Services Help Desk 1-800-323-8483.
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Water Treatment Proposal
City of Vernon, Malburg Generating Station
Cost Summary of Chemical Treatment Programs
N NALCO
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Water Treatment Proposal
City of Vernon, Malburg Generating Station
N NALCO
Pricing Summary
. The base price for RO and water treatment products and services including our specialty
chemical transfer service and stainless steel containers is $99,528 per year. This price is based
on anfidpated plant performance.
. Pricing for the proposed twelve..month agreements. are based upon chemical and
equipment reqlkements of plant operation at 22 days per month. The difference in program
costs between option A and option B are based in the method of payment for equipment.
One year equipment financing versus standard purchase.
. Option A separates equipment and chemicol costs. Equipment (controlers, pumps, bulk tanks
and containment) are purchased separately at a one time cost of $28,000. Chenicals,
laboratory equipment and reagents are billed in 12 even monthly instalments of $8,939 per
month. The total for year one, including equipment is $135,256.00 .
. Option B calls for a twelve-month finance of the equipment component this would equal
$2,683 per month. The total monthly invoice for cherricols, equipment and laboratory supplies
would be$ll ,621. First year combined equipment and chemical cost is $139,452.00 .
"
,
. Labor cost for instaDation of the equipment package is priced at $1 000 per day with a seven
to ten day estimate for the enfire job scope. A one time cooling system pre-cleon is optional
but recommended. The cost is $5000. Both the cost of labor and pretreatment can be roBed
in to the either option A or option B.
. Chemical pricing wm be reviewed each year. Budgeting for cooling tower equipment
laboratory equipment and instaHotions will hove Iitfle to no requirement after the first year. An
annual set1le up or reconaliotion will address any underage or over use of chemistries or
services, These will be reviewed with the plant and can be settled by invoice or credits.
. Any second year agreement would hove the benefit of lower equipment cost, optimized
operational costs and the absence of labor cost.
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N NALCO
Pricing Summary Tables
Item
Equipment as listed on Cooling Tower
Equipment Package
o tion A
Equipment paid up
front ($28,000) no
mont char es
o tion B
$2,683.33 per month
Boiler, cooling tower and dosed loop
chemicals plus stainless steel
packaging and containment for $ 7,041.83 per month $7,041.83 per month
boiler chemicals and custom
fabrication of CT m skid
Reverse Osmosis treatment chemicals
Trasarcontroller eveJ'i een lease
Portable laboratory Testing
ui ent and rea ents
Monthly Invoice Totals:
Option A $8,939.16 per month
Option B $11,621.49 per month
Notes:
1. Chemical up charge for custom fabrication is $166 per month in year one
only, base chemical price for boBer, cooling water and dosed loop system is
$6,875.83 per month.
2. Portable laboratory budget estimate is based on basic testing requrements
as found in the proposed treatment programs.
3. .year end recondiation will address any overage or under use of service,
equipment or chemicals
4. Installation of equipment is a separate cost. A Nalco trained and equipped
field engineer has walked the job site and conferred with Powers engineering
and University Marelich regarding all installation requirements. Installation is
priced at $1000.00 per day and completion is estimated at 7 to 10 days.
Bming for installation can be one consolidated invoice or can be added to
the basic contract for payment in 12 equal installments.
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COY Portable Water Chemistry Laboratory Items
Item
pH/Conductivity meter "Ultrameter"
pH Buffer liter 4.0)
pHBuffer liter 7.0)
pH Buffer liter10.0)
Conductivi y Standard 3000 umho
Conductivi y Standard .600 umho
Conductivi y Standard 40 umho
Myron L Conductivity Meter
Nalco 0Rl800.oortable colorimeter
Sample cells (10 & 25 ml)
8i1ica Reaaent test kit HR
8i1ica Reaaent test kit LR
Eliminox test reaoent
Phosohate Easiohos II test (boilers}
Phosohate. ortho & oroanic (Cn
Iron test
Chlorine (OPO free)
Chlorine (OPO total)
Calcium and Maanesium Test Kit
Dip Slides
Ammonia test kit
Svrinoe 60 cc {for filtration}
Cartridaes {for filtration}
Pipettes 1.1 ml (25 in Dko}
Plastic Beaker (250 ml
Plastic Graduated Cvlinder 25m1
Plastic Graduated Cvlinder 5Om1
Plastic Graduated Cvlinder 100mh
Pumose
Boiler and Condensate Measurement
Calibrate pH meters
Calibrate pH meters
Calibrate JlH meters
Conductivi':f Calibration
ConductMy Calibration
Conductivi1':f Calibration
Cooling water conductivity measurement
Measure concentration of soluble salts
Samole cells for colorimeter
Measure cooling water silica levels
Measure boiler and condensate levels
Measure oxyoen scavenaer levels
Measure Phosohate in boiler water
Measure ohosohate in cooling tower
Measure Iron concentrations in water
Measure free chlorine residual
Measure total chlorine in water
Measure hardness salts
Measure biology of cooling tower
Measure ammonia in reclaim water
Filter cooling water samDle
Filter cartridoes
Measure out reagents
For mixino solutions
For mixino solutions
For mixing solutions
For mixing solutions
Order Codes
4OQ-COO6P.88
460-S0406.75
460-80407.75
460-80408.75
460-80297.75
460-80298.75
460-80299.75
4OQ-HOOO58.88
4OQ-P0890.88
500.P2555.88
460-P3112.88
460-P3111.88
460-P3115.88
460-P31 08.88
460-P3109.88
460-80466.87
460-S0460A.87
460-80461.87
C420-C0033.88
500-P1673.88
420-C0041.88
500-P2147.88
500-P1431.88
500-P2180.90
500-P0118.88
. 500-P1216.88
500-P1215.88
500-P1214.88
Price
$735.60
$16.00
$16.00
$16.00
$23.00
$23.00
$2.00
$279.00
$1.095.00
$29.40
$51.20
$53.50
$91.00
$115.50
$101.60
$20.60
$22.00
$22.00
$295.00
$45.00
$55.00
$3.75
$75.00
$15.00
$3.00
$13.00
$14.00
$25.00
Total $3,256.15
notes:
1) Additional reagents will be required, budget should include approximately $2,4001 year for consumable test reagents
2) Reagents cover 100 tests
3) Testing and training manual will be provided prior to start up
4) These tests are designed for a "portable" situation. Some test may vary in a permanent laboratory situation.
5) Carrying cases may be desired (plastic tool box size) for the purpose of organization
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N NALCO
Analytical Support
Nalco Company has one of the most extensive laboratory capabHities in the specialty
chemical industry. Our major labs ore located at our European headquarters in leiden, The
Netherlands and adjacent to our Corporate Offices in NapervHle, Illinois. Each laboratory is
capable of performing a wide array of analytical. work to facilitate monitoring, control; and
troubleshooting of our customer's systems.
Our strong commitment to research and customer support can be seen in our annual report.
We invested over $20 minion last year on research, laboratory equipment, and technical
support. In addition, we employ over 350 chemists, engineers, technicians, and other research
professionals who are avaHable to your local service representative for techriicalsupport and
consultation.
By maintaining state-of-the-art analytical equipment and highly skilledreseorch/analytical
staffs, Nalco can offer you the following benefits:
· The diversity of analytical equipment allows us to perform just about any type of analysis
you may require. This means accurate analysis of your system, because the types of
analyses or level of detail we can perform does not limit us. Accurate diagnosis of your
system can help prevent downtime and improve productivity.
· Nalco has purChased high speed automated analytical instrumentation which means
short turnaround time for your analytical needs.. The quicker we can analyze your
situation and provide the>solution, the more money you save in lower repair and
maintenance costs, better system reliabHity, and improved heat transfer efficiency.
Normal lab turnaround time is five to ten days after defivery. As deemed necessary,
analyses can be completed in less than 24 hours on an as-needed basis.
A ttached is a list of analytical equipment that gives an overview of our capabiUties. A detailed
description of each piece of equipment and its function is avaHable at your request. This
diVersity in analytical capabifity results in a. multitude of potential support to your facility
including:
)> Corrosion Coupon Analysis
)> Ion Exchange Resin Analysis
)> Water Analysis
)> Analex Cartridge Analysis
)> Deposit Analysis
)> Microbiological Analysis
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N NALCO
INSTRUMENTAL CAPABILITIES OF NALCO ANALYTICAL DEPARTMENTS
ELEMENTAL ANALYSIS
. X-Ray Ruorescence Spectroscopy
. Energy Dispersive X-Roy Analysis
. Atomic Absorption Spectroscopy
. . Inductively Coupled Argon Plasma Emission Spectroscopy
. Aame Emission Spectroscopy
. Carbon, Hydrogen and Nitrogen Analysis
. Total Organic Carbon Analysis
SPECIFIC ION ANALYSIS
. Ultraviolet and Visible Spectrophotometry
. Row Injection Analysis
. lon-Selective8ectrode Analysis
SEPARATION ANALYSIS
. Gas Chromatography
. Liquid Chromatography
. Ion Chromatography
STRUCTURAL ANALYSIS
. Infrared Spectroscopy
. Fourier Transform Infrared Spectroscopy (FTIR)
. Fourier Transform Nuclear Magnetic Resonance (FTNMR)
. Gas Chromatography-Mass Spectrometry
. X-Roy Powder Diffraction
SPECIAL TECHNIQUES OF ANALYSIS
. Transmission 8ectron Microscopy
. Scanning 8ectron Microscopy
. Thermal Analysis
. Contact Angle Analysis
. Particle Size Analysis
. "Proximate Analysis" of Coal and Coke
. 8ectrochemical Corrosion Measurement
. Zeta Potential
. Polarography
. Surface Tension
'''\
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I
N NALCO
Quality Assurance
Since 1986, Nalco has had a formalized. wor1dwide quality improvement strategy and
organizational structure with the full participation of senior management.
Our quality organization mirrors our business organization, with a corporate Quality Management
department and Directors of Quality Management in each region. Our CEO, WHliam Joyce,
along with operations staff, forms on Executive Quality Council for the corporation.
Steering committees oversee the quality improvement process in each division and Quaity
Improvement Teams (QlTs) operate within each functional area of the corporation (monufacturing,
research, soles, etc;). These teams help plan the quality improvement process, assure goofs are
accornp&shed, and help facilitate continuous quality improvement.
QuaU-Tra~
Quali-Trak is the name we use for all we do internally and externally to ensure
satisfaction for our customets, employees, shareholders, and communities. The
Quali-Trak process is based on principles of customer focus, prevention, continuous
improvement and employee participation. It is a vital, ongoing process that is at
the core of our business phHosophy.
Our Suppfier Tracking and Recognition System (STARS), part of Quali-Trak, helps
ensure the quality process reaches all aspects of our business;
Q
.
Ouali:rrak-
Nalco field representatives are trained in the Quality Improvement Process and many serve on
customer teams. Nalco has been formally recognized byfjrmsthroughout the world for its
participation in the quafity process.
The Customer Assurance System, a mechanism for accepting and handling complaints, has
furthered the quality improvement process within Nalco and helped maintain valued
relationships.
Quality has led Nalco to significant breakthroughs in technology. new product development
processes, systems support, and innovative services. The focus on problem solving and problem
prevention has earned us many long-term partnerships with our valued customers.
EXHmIT B
INSURANCE SCHEDULE
Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
I. Coverage and Limits
Bodily Iniury Property Damage
Each Person Each Accident Each Accident
Hazards
Automobile Liability
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
Workers' Compensation
Employers' Liability
$ 500,000
$ 500,000
$ 500.000
$ Statutory
$1.000.000 per employer
II. Liability
General Liability
Premises Operations
Elevators (if applicable)
Independent Contractors
Products - Completed Operations
Contractual Liability
Umbrella Liability
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1.000.000
$2.000.000
$1,000,000
$1,000,000
$1.000.000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2.000.000
$2.000.000
$ 500,000
$ 500,000
$ 500.000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1.000.000
$2.000.000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under
the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by City.
b. In addition to the above, the Consultant shall provide such further proof of insurance documentation as
the City deems necessary.
EXHIBIT "B"
EXHIBIT "C"
PROGRESS SCHEDULE
(TO BE SUPPLIED BY CONSULTANT)
EXHIBIT "e"
SUPPORTING
DOCUMENTS
THOMAS A. YBARRA
Mayor Pro-Tern
WM. "BILL" DAVIS
Councilman
11 .
Hi.
JOHN KARNS
Karns & Karabian
General Counsel
CITY COUNCIL
LEONIS C. MALBURG
Mayor
KEVIN WILSON
Director of Community Services & Water
H. "LARRY" GONZALES
Councilman
STEVEN E. PARKER
Fire Chief
W. MICHAEL McCORMICK
Councilman
SOL BENUDIZ
Police Chief
BRUCE V. MALKENHORST
City Administrator / City Clerk
Chief Executive Officer of
Light & Power
ERIC T. FRESCH
City Attorney
LEWIS J. POZZEBON
Director of Environmental Health
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
June 23, 2005
Finance Committee
City of Vernon
~d0~
(!,.e,: Y~Yt:Jo
Honorable Members:
In support of the Malburg Generating Station Project, Change Order No.
One to the agreement with Nalco is necessary to include the following:
· Upgrade to permanent laboratory vs. portable laboratory
· Commodity chemicals for the co~ling tower water
. Boiler chemicals
. Pre-cleaning chemicals
· Legionella testing
· Spare reagents and parts for laboratory use and chemical feed
equipment
This has been reviewed by the City Attorney and it is hereby
recommended that Change Order No. One to the existing agreement with
Nalco Company in an amount not-to-exceed $148,216.00, be approved and
executed.
~w Lft
LJ I>DI!\ \' &It~
~
Very truly yours,
~;/~
Bruce V. Malkenhorst
City Administrator
BVM/rcm
"Exclusively Industrial"
CITY OF VERNON
LIGHT & POWER DEPARTMENT
CONTRACT CHANGE ORDER NO. 01 SUPPLEMENT NO.
SHEET 1 OF 12 SHEETS,
PROJECT:
Malburg Generating Station Combined Cycle Power Plant 5/11/05
TO:
NALCO COMPANY
REQUESTED BY: City of Vernon
Professional Services
Agreement
VENDOR
You are hereb directed to make the herein described chan es, or do the followin described work not included in Contracts.
ADDITIONAL SCOPE OF WORK - ADJUSTMENT IN COMPENSATION (IN ACCORDANCE
WITH LETTERS DATED JUNE 7. 2005 AND JUNE 8.2005 ATTACHED)
Base Amount plus prior
change orders
Amount of This Chan e Order
Modified Contract Amount
By reason of this order the time of
com letion will be ad'usted as follows:
/------ I/~
ChiefExecutlve Officer of Light & Power Department
We, the undersigned Vendor, have given careful consideration to dIe change proposed and hereby agree, if this proposal is approved that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full
payment therefor the prices shown above,
I) Upgrade to permanent laboratory instead of portable laboratory
2) Commodity chemicals for cooling tower water, including sulfuric acid and sodium hypochlorite
3) Boiler chemicals for start-up operations
4) Pre-cleaning chemicals for circulating water piping
5) Legionella testing
6) Spare reagents and parts for laboratory use and chemical feed equipment
$
$
$
Approved:
Date: June
,2005
Accepted: Date: June
,2005
Vendor:
Nalco Company
By:
Title:
xc: Finance
~~
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f<{p(~1 (,
~ ,~;,1!
$ 3,506.00
$115,856.00
$ 17,084.00
$ 4,967.00
$ 1,800.00
$ 5.000.00
$148,213.00
145,468.00
148,213.00
293,681.00
a-Nalco CO-1.doc