| Contract (Mandatory): 1-06-68-24 Rev.: D | |
| FIRE SUPPRESSANT, FOAM CONCENTRATE SUPPLEMENT NO. 4 | |
| EFFECTIVE DATES: | 9/ 8/2006 Through 9/ 7/2008 |
| SUPERSEDES CONTRACT NO. : | 1-03-68-24 |
| AREA: | STATEWIDE |
| DISTRIBUTION: | C-68-24 |
| BUYER NAME: | TIMOTHY SMITH |
| BUYER PHONE: | 916-375-4451 |
| VENDOR ID: | 799954 |
| NAME: | ICL PERFORMANCE PRODUCTS LP |
| ADDRESS: | 810 E MAIN ST ONTARIO, CA 91761 |
| CONTACT: | KAREN POWELL 800-682-3626 |
| FAX: | 909-984-4770 |
| TERMS OF PAYMENT: | Net |
| FOB: | Destination |
| MINIMUM ORDER: | 25 GALLONS |
SUPPLEMENT #4
August 29, 2008
Subject contract for FIRE SUPPRESANT, FOAM CONCENTRATE is hereby
modified to reflect the following change:
A. The unit price for line item #1, Phos-Chek, First Response shall
increase to $8.57/gal.
B. The effective contract period shall be 9/8/2006 to 9/7/2009 or
until a new contract is executed, which ever comes first.
All other terms and conditions remain the same.
Contract Supplement No. 3
June 25, 2008
Subject Contract 1-06-68-24 for FIRE SUPPRESSANT, FOAM CONCENTRATE
is hereby modified to reflect the following change:
A. Change the contract administrator from William Rodriguez to
Timothy Smith at (916) 375-4451.
E-Mail address is Timothy.Smith@dgs.ca.gov
B. Delete: Line Item No. 1 ICL product:
Brand: Phos-Chek
Model: Anchor Point
Replace: Line Item No. 1 ICL product:
Brand: Phos-Chek
Model: First Response
C. All prices, other terms and conditions remain the same.
CONTRACT SUPPLEMENT NO. 2
January 14, 2008
Subject Contract 1-06-68-24 for FIRE SUPPRESSANT, FOAM CONCENTRATE
is hereby modified to reflect the following change:
A. Change the contract administrator from Brad Watson to
William Rodriguez at (916) 375-4462.
E-Mail address is William.Rodriguez@dgs.ca.gov
B. All prices, other terms and conditions remain the same.
CONTRACT SUPPLEMENT NO. #1
December 19, 2006
Subject Contract 1-06-68-24 for FIRE SUPPRESSANT, FOAM CONCENTRATE
is hereby modified to reflect the following change:
A. Change the contract administrator from William Rodriguez to
Brad Watson at (916) 375-4463.
E-Mail address is Bradley.Watson@dgs.ca.gov
B. All other terms and conditions remain the same.
E-MAIL: karen.powell@icl-pplp.com
SCOPE:
This contract covers the estimated two (2) year requirements of the State of
California and participating local agencies for FOAM CONCENTRATE FIRE SUPPRESSANT,
per attached Specification No. 4210-06BS-001, dated 4/2006. This contract will
contain an option for a one (1) year extension under the same terms and conditions
of the awarded contract. The State and contractor must agree on the extensions.
A local agency is any city, county, city and county, district, or other local
governmental body or corporation empowered to expend public funds (California Public
Contract Code Section 10298).
THIS CONTRACT WILL BE MANDATORY FOR THE EFFECTIVE PERIOD.
MINIMUM ORDER:
The minimum order shall be 25 gallons. Orders for less than 25 gallons shall not be
considered part of this contract and may be purchased from other sources.
ORDERING PROCEDURE:
State agencies are to complete a Contract/Delegation Form (Std. 65) indicating the
contract number, stock item number, description, unit price and extension on each
order and they will submit it directly to the contractor. The contractor shall
confirm receipt of order by return fax confirmation to the requesting agency.
Local agencies may submit a local agency purchase order following the same
guidelines as described above.
The requesting agency shall send Std. 65 DGS - Procurement Division
and local agency p.o. copies to: Attn: Data Entry Unit
P. O. Box 989052
West Sacramento, CA 95798-9052
SUPPLIER MUST ACCEPT ORDERS BY FACSIMILE OR E-MAIL TRANSMISSION:
By signing and submitting the solicitation, the bidder agreed to accept orders by
facsimile.
Facsimile Number (909) 984-4770
E-Mail Address karen.powell@icl-pplp.com
SUPPLIER'S LOCATIONS:
List below locations to which individual contract delegation orders should be sent.
Please provide the phone number and name of a contact person for each location.
ICL Performance Products
810 E. Main St.
Ontario, CA 91761
DELIVERY:
Delivery is to be completed in full within 5 calendar days of the receipt of order
by the contractor.
SUPPLIER IS REQUESTED TO MAKE DELIVERIES IN LOS ANGELES COUNTY, ORANGE COUNTY,
SAN BERNARDINO METROPOLITAN AREA, AND SAN DIEGO METROPOLITAN AREA DURING
OFF-PEAK HOURS. OFF-PEAK HOURS ARE 10:00 AM TO 4:00 PM.
PACKAGING:
Exterior packaging is to show the contents and the order number. All packaging is to
conform to the applicable freight classifications, Surface Transportation Board and/or
Postal regulations, and is to be of a quality to assure final delivery without damage
to the contents.
INVOICING REQUIREMENTS:
The contractor is to render invoices as instructed on individual orders. Invoices
shall include the order number, contract number, item number, description, unit price
and extension. All applicable taxes shall be noted and added to each invoice. The sales
tax rate applied shall be based on the rate of the area the product is to be delivered
to.
Invoices shall be billed according to the unit of measure and the unit price as
indicated in this contract. Deviations/substitutions will not be permitted.
Only charges listed in the awarded contract shall be approved for payment, no other
fees can be charged to the State.
The State's obligation to make payment pursuant to the contract is subject to
availability of appropriated funds. Receipt of a contract/delegation purchase order
under this contract is proof of availability of funds for that order.
CONTRACT USAGE REPORTING:
The contractor is required to submit a detailed usage report every three months
commencing from the date of award to the Procurement Division, Contracts Management
Unit. All appropriate fields must be completed on this form, including the name and
phone number of person completing the form. Invoice copies or list of purchase orders
will not fulfill this requirement and will not be accepted.
FAILURE to submit COMPLETED quarterly reports within the time period required may be
considered a breach of contract and subject the contractor to General Provisions 26,
Rights and Remedies of State for Default.
PRICES:
ALL BID PRICES SHALL BE VALID FOR 90 DAYS FROM BID OPENING DATE.
PRICES SHALL BE MAXIMUM FOR THE INITIAL TWENTY-FOUR (24) MONTH TERM OF THIS CONTRACT.
PRICE INCREASES MAY BE CONSIDERED FOR OPTIONAL ONE YEAR CONTRACT EXTENSION UNDER THE
FOLLOWING CONDITIONS:
1. Upon agreement of the optional contract extension, the contractor may submit a
proposed price escalation notice, in writing, to the Procurement Division within
(30) days prior to the initial term end date of the contract. Such notice shall
include substantiated information to support the proposed escalation request
(e.g., "Producer Price Index, Finished Goods, Commodity Group 06 - Chemicals and
Allied Products", manufacturer's price list, significant changes in published market
indicators for the industry, certified raw material cost data, delivery cost when
the cost of fuel has increased no less than ten percent (10%) from the original fuel
cost. Such request must be substantiated from published information from the Oil
Price Information Service (OPIS) market indicator for the fuel industry and any other
substantiating information as requested by the State.)
2. Upon receipt of such notice the State reserves the right to either:
a. Accept the escalation as competitive with the general market price at the time,
effective 30 days days from receipt of an acceptable notice; or
b. Cancel any unpurchased balance of the contract without prejudice, effective on
receipt of such notice.
3. No price increase shall apply to quantities ordered from the contract prior to
effective date of the price increase.
4. All new prices shall be firm for the entire agreed upon extension period(s).
Prices shall be all inclusive. Only the prices/charges submitted in the bid shall be
accepted and included in the contract. No other fees can be charged to the customer.
PRICE DECLINES:
THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE STATE OF ALL MANUFACTURER'S PRICE DECLINES
AND THE STATE SHALL RECEIVE FULL BENEFIT OF SUCH DECLINES, EFFECTIVE ON THE DATE OF
THE MANUFACTURER'S GENERAL PUBLIC ANNOUNCEMENT.
QUANTITIES:
THERE ARE NO GUARANTEED QUANTITIES FOR THIS CONTRACT.
Quantities shown for each line item in the solicitation are estimated for evaluation
purposes only. Actual purchasing patterns may vary. The State will not be obligated to
purchase contractor's excess inventory if actual purchases vary from the anticipated
purchasing pattern. The State reserves the right to order more or less of any line
item in this contract. If funds are not appropriated for future fiscal years, the
contract dollar amount will be reduced accordingly.
NOTE:
In accordance with paragraph 15 of the General Provisions entitled "Delivery", the
contractor shall strictly adhere to the delivery terms and completion schedules as
specified in this contract. Failure to comply with the delivery requirements as stated,
may be considered a breach of contract and subject the contractor to General
Provisions 26, entitled "Rights and Remedies of the State for Default".
EMERGENCY PURCHASES:
In the event of an emergency, the State may purchase any required line item from other
than the contractor.
EXTRAORDINARY EXTENSION OPTION:
In the event of an extraordinary circumstance the State may extend the contract for up
to an additional year beyond the stated term and any noted extensions. Extensions
during this period may occur in increments until the establishment of a new contract
(not to exceed one-year). Exercise of this option may occur in the event that a
replacement contract cannot be established due to the protest of an intent to award,
or loss of key procurement staff, or extraordinary circumstance that would otherwise
cause an unanticipated disruption in the contracting process.
If necessary, prices may be increased during an extraordinary extension option period,
to the extent that the price is determined to be "fair and reasonable". Requests for
price increase(s) shall include substantiated information to support the proposed
increase (e.g., "Producer Price Index, Finish Goods, Commodity Group 06 - Chemicals
and Allied Products", manufacturer's price list, significant changes in the market
indicators for the industry, certified raw material cost data, delivery cost when the
cost of fuel has increased no less than ten percent (10%) from the original fuel cost.
Such request must be substantiated from published information from the Oil Price
Information Service (OPIS), market indicator for the fuel industry and any other
substantiating information requested by the State.
CONTRACTOR RESPONSIBILITIES:
1. The contractor shall perform all deliveries to facilities in a safe and
professional manner. Contractor's equipment shall be in good working order
and all personnel shall be trained in safety measures to preclude accidents
endangering personnel or property.
2. Contractor must commit to delivery as requested, at time stated on accepted
orders, through the term of the contract.
3. Contractor shall provide office and personnel resources for responding to
requests, including telephone coverage weekdays during the hours of 8:00 AM
through 5:00 PM.
MODIFICATION OF CONTRACT:
This contract may be modified in whole or in part upon mutual agreement of both
parties. Such modifications shall be in writing, signed and dated by an authorized
representative of both parties.
SPECIFICATION COMPLIANCE:
All products offered must conform to the attached State of California, Bid
Specification Number 4210-06BS-001 dated April 2006. Products not meeting all
specified requirements will be deemed non-compliant to specifications and will be
returned at the contractor's expense. The contractor shall replace all
rejected/non-compliant product with fully compliant new stock, at no cost to the
State within 7 calendar days from notice of non-conformance.
NOTE:
ON STATE OF CALIFORNIA BID SPECIFICATIONS NO. 4210-06BS-001 SECTION 3.0 REQUIREMENTS,
LAST PARAGRAPH:
DELETE:
"The foam concentrate shall meet or exceed all the requirements of USDA Forest Service
Specification 5100-307 and shall be listed on the USDA Forest Services Qualified Fire
Chemicals list for the entire duration of the contract."
REPLACE WITH:
"The foam concentrate shall be listed on the USDA Forest Service's "Class A Wildland
Fire Foam Qualified Products List" referenced as being either Fully Qualified or
Administratively Approved for the entire duration of contract."
ITEM COMMODITY NO. VENDOR UNIT DESCRIPTION UNIT PRICE
NO. VENDOR PART NO. NO.
CATEGORY 1 - FOAM CONCENTRATE SUITABLE FOR USE FROM
HELICOPTER BUCKET AND GROUND EQUIPMENT
1 4210-000-0006-6 799954 GL FOAM CONCENTRATE FIRE SUPPRESSANT 7.2600
IN ACCORDANCE WITH THE ATTACHED SPECIFICATION NUMBER
4210-06BS-001 DATED APRIL 24, 2006:
Category 1 Foam Concentrate:
Brand: PHOS-CHEK
Model: ANCHOR POINT
CATEGORY 2 - FOAM CONCENTRATE SUITABLE FOR USE FROM
FIXED-WING AIRTANKER AND FIXED-TANK HELICOPTER
2 4210-000-0006-6 799954 GL FOAM CONCENTRATE FIRE SUPPRESSANT 9.4500
IN ACCORDANCE WITH THE ATTACHED SPECIFICATION NUMBER
4210-06BS-001 DATED APRIL 24, 2006:
Category 2 Foam Concentrate:
Brand: PHOS-CHEK
Model: WD 881
FOR DATA ENTRY USE ONLY
3 4210-909-0001-2 799954 VA FIRSCU-DGS/PROCUREMENT USE ONLY VARIABLE
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