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HomeMy WebLinkAboutContractMASTER NON-EXCLUSIVE ON-CALL SMALL PUBLIC WORKS AGREEMENT FOR Pool Maintenance and Repair Services CAG-24-107 THIS AGREEMENT (“Agreement”) is made as of the day of Ɖƌŝů͕2024, (the “Effective Date”) by and between the City of Renton, a Washington municipal corporation (“City”), andKƌĐĂ WĂĐŝĨŝĐ, (“Contractor”), a tĂƐŚŝŶŐƚŽŶ/E͘, who are collectively referred to as the “Parties”, to provide non-exclusive on-call Pool Maintenance and Repairs for the City Owned Henry Moses Aquatic Center (i.e., Pump Repairs, PH Equipment Calibration, Pool etc.). City and Contractor agree as set forth below. The City desired on-call Pool Maintenance, Repairs, and Supplies services and solicited a written Bid Proposal for this Agreement. The Contractor responded to the Bid Proposal to provide these services and represents that it is qualified and possesses sufficient skills to perform such work. 1. Scope of Work: Contractor agrees to provide non-exclusive on-call Small Public Works, Pool Maintenance and Repairs services as specified in Exhibit A. which is attached and incorporated herein and may be referred to as the “Work.” Specific Work is to be assigned as INVOICE WORK ORDERS need under this agreement by the project managers. 2. Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3. Time of Performance/ Term of Agreement/ Renewal : A. Contractor shall commence performance of the Agreement pursuant to the schedules set forth in an invoice. B. The Term of this Agreements is one year: All Work shall be performed not later than April 30th, 2025. C. This Agreement may be renewed for two (2) additional one (1) year periods. * Note the Prevailing Wage Rate update in Paragraph 5. A. D. This Agreement may be extendedfor less than one year to accomplish and existing INVOICE WORK ORDERS, if required, upon mutual written agreement of City and Contractor.         CAG-24-107 PAGE 2 OF 16 ϰ͘Compensation: ͘Amount. Total compensation to Contractor for Work for ALL ON-CALL INVOICE WORK ORDERS cumulatively provided pursuant to this Agreement shall not exceed $ϰϵ͕ϱϬϬ͘00, including any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified inExhibitB.The work will be ordered asneededper ON-CALL INVOICE ORDER and there is no guaranteed minimum amount to be paid under this Agreement. The Contractor agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Contractor shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. ͘Method of Payment. Foreach ON-CALL INVOICEWORK ORDER,ona monthly or no less than quarterly basis during any quarter in which Work is performed, the Contractor shall submit a voucher or invoice ina form specified by the City, includinga descriptionof what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Contractor’s performance does not meet the requirements of this Agreement, the Contractor will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. ͘Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies itmayhave againstthe Contractor for failure of theContractor to perform the Work or for any breach of this Agreement by the Contractor. ͘Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make paymentsfor Work oramountsincurred after theend of the currentfiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. ϱ͘Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the city.          PAGE 3 OF 16 ͘Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and at the beginning of each calendar year and an Affidavit of Wages Paid at the end of each calendar year and at the end of the project with the Washington State Department of Labor and Industries. *Final payment will be held until Affidavit of Wages Paid is submitted for each period/calendar year or end of project. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011,the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the “Effective Date” identified at the top of the first page of this Agreement and upon the “Effective Date” of each renewal. (*Note Prevailing Wages for this agreement will update to the then current Prevailing Wages rate for the effective date of each one year renewal.) Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 14 Notices of this agreement. ͘For Contracts under $ϰϵ͕ϱϬϬ For public works projects, the City may choose to waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors, material persons, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however The City shall have the right of recovery against the contractor for any payments made on the contractor's behalf. ͘City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory.          PAGE 4 OF 16 D. Final Acceptance. Final Acceptance of the Project of an ALL ON-CALL INVOICE WORK ORDERS when the City has determined that the Project is one hundred percent (100%) complete and has been completed in accordance with the Plans and Specifications. 6. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Contractor in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Contractor pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Contractor shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Contractor an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 7. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arisingfrom injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act,          PAGE 5 OF 16 RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance: Contractor shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services",for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. City’s insurance policies shall not be a source for payment of any Contractor liability. E. Subject to City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to City before executing the work of this Agreement. F. Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. G.Additional Insurance if marked as “Required” by City or maybe added as needed for a particular ALL ON-CALL INVOICE WORK ORDERS: 1.܆ Required. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk insurance shall be on a specialperils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off-site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the          PAGE 6 OF 16 City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. 2.܆ Required. Contractors Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution Liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be attached. 9. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A. Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed,          PAGE 7 OF 16 marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If Contractor fails to comply with any of this Agreement’s non-discrimination provisions, Cityshall have the right, at its option, to cancel the Agreement in whole or in part. D. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 10. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to City shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 11. City of Renton Business License:The Contractor shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax          PAGE 8 OF 16 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 12. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 13. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records inits possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 14. Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of City or Contractor. Notice:Except for Service of Process in a legal proceeding, any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. Email notice will be deemed received the date of the emailso long as sent before 12:00 noon on a businessday, if after 12:00 Noon it will be deemed received the next business day – a copy of email notice must be mailed as set forth above. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees.          PAGE 9 OF 16 CITY OF RENTON Edward Grube 1055 South Grady Way Renton, WA 98057 Phone: (206) 475-0662 egrube@rentonwa.gov CONTRACTOR Jr Peralta 240 44th st nw Auburn, WA, 98001 Phone: 253-867-0303 emmarp@orcapacific.om Fax: Click here to enter text. B.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. D.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington.          PAGE 10 OF 16 I.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. J.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date.                       Approved by Cheryl Beyer via email 4/23/2024 4/23/2024 PAGE 12 OF 16 Exhibit A SCOPE OF WORK City of Renton ON-CALL Pool Maintenance and Repairs SERVICES Project Manager: Edward Grube, Public Works – Facilities Capital Projects Coordinator Introduction The City of Renton requests services to perform Pool Maintenance and repairs on an “as needed” basis with up to 3 of companies. A $ϰϵ͕ϱ00.00 “not-not-to-exceed” amount does not guarantee work to any contractor and the amount paid will be based upon time and materials of actual work performed. A written quote will be required for each call-out under the agreement. The City reserves the right to awardmultiple contracts to multiple contractors for this work if it is in the best interest of the City. The City reserves the right to choose any of the companies awarded this contract for each call-out. The overtime rates set forth in the contract will be reimbursable only to the extent the overtime has been approved by the City. Equipment rental will be reimbursed for the exact amount paid; receipts must be submitted with invoice. Traffic control plans should be considered a requirement for some locations. Additional requirements of the work are included below. It is your responsibility to read these requirements thoroughly and to become familiar with each site location work is assigned in relation to the amount and type of work involved to complete. Minimum Requirements of Contractor x Renton Business License, registered contractor with the State of Washington, current State Unified Business Identifier Number x Proof of Insurance - Minimum amounts to be approved in advance by City Risk Management. Includes General Liability, Automobile Liability, Workers Compensation and Employers’ Liability. See the attached contract for specific requirements. x Include with the First Invoice the Company’s Intent to Pay Prevailing Wage Rates and submit the Affidavit to Pay Prevailing Wage Rates at the completion of the last Invoice of the Year; the Affidavit must total the amount of all Invoices Paid for the year. Labor rates shall be Prevailing Wage Rates for the industry.          PAGE 13 OF 16 x All Technicians shall wear the most up-to-date personal protective equipment (PPE) including but not limited to safety glasses, gloves, and footwear while on the job site. x Equipment and experience in Maintenance, Troubleshooting, and Repairing Pool equipment, Pool chemicals, and all associated components (i.e., Pumps, Valves, Chemicals, Chemical Pumps, Chemical Testing, etc.). x Work that is incomplete at the end of the workday must be in a state that allow the Safe operation of the Pool and the Facility. If that cannot be done; the HMAC Representative must be notified immediately. x The Contractor reserves the right to change any Technician Assignment and substitute another Technician at any time due to illness or other Emergency. x Technicians shall wear clothing that is non-offensive or distracting while at the location. x No Smoking is allowed by the Technicians except at designated areas. Preferred Qualifications of Pool Technicians x Familiarity with and adherence to: o Washington State Department of Health – Water Recreation o Water Recreation Facilities, Chapter 246-260 WAC o Recreational Water Contact Facilities, Chapter 246-262 WAC o The Model Aquatic Health Code (MAHC): An All-inclusive Model Public Swimming Pool and Spa Code x Certification Requirements o Certified Pool & Spa Operator (CPO) Certification and/or Aquatic Facilities Operator (AFO) Certification o Any Washington State required certifications not listed to safely work on Pool equipment and chemical systems. Project Area Specifications – Prior to Beginning Work x On-Site Meeting to with the Pool Technician and HMAC Representative and/or Facilities to go over what work is to be accomplished. o Sign out a Key (if applicable) Non-Emergency Work – Pool Equipment Preventative Maintenance and Chemical System Cleaning and Calibration x Work must be scheduled out in Advance so that the HMAC Representative and/or Facilities can Schedule the work with the Pool Staff, if needed. Emergency Work – Pool Equipment Emergency Repairs and Chemical System Repairs and/or cleanup          PAGE 14 OF 16 x Contractor is responsible to: o Contact the HMAC Representative and/or Facilities o Placing the Pool Equipment or Chemical System in a Safe state that will not damage the Pool Systems / Operations or further cause a Chemical Hazard. Non-Emergency / Emergency – End of Work x Once work has completed, On-Site Meeting with the Pool Technician and HMAC Representative and/or Facilities to: o Walk the area to ensure all work has been completed and area has been cleared of any trash or debris. o Ensure that the Pool Equipment and/or Chemical System is returned to a Safe Operating State. o Return the Key (if applicable) Special Conditions x Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of the contractor.          PAGE 15 OF 16 Invoices x Invoices should be submitted to: Brian Hammon, Facilities Manager Edward Grube, Facilities Capital Project Coordinator Public Works - Facilities Department – 5th Floor 1055 South Grady Way, Renton, WA 98057 Email: Facilities@Rentonwa.gov Telephone: (425) 430-7222 x Invoices should contain the following information to prevent a delay in processing: o Contractor name, address and telephone number o Contract Number – assigned upon execution of agreement (CAG # ** - ***) o Unique Invoice Number o Date work performed o Location where work was performed o Number of workers assigned to task o Classification of workers assigned to task o Total hours worked o Materials including mark-up o Amount due, Washington sales tax and total amount due o Washington Department of Labor and Industries Intent to Pay Prevailing Wage Statement with first invoice. Affidavit of Wages Paid Statement for each invoice thereafter. Failure to submit these forms may delay processing of invoices. o If there is a Disposal Fee, it must be included with the Invoice.          PAGE 16 OF 16 Exhibit B SCHEDULE OF COSTS AND HOURLY RATES City of Renton ON-CALL Pool Maintenance and Repairs SERVICES x Time and Material Submission (sealed bid or by email) x Agreement Sum (based upon prevailing wage) o Regular Rate per Hour: 25% Mark up above Published WA State Journey Level Prevailing Wage Rates - per man-hour o After Business Hours / Overtime Rate per Hour: 75% Mark up above Published WA State Journey Level Prevailing Wage Rates - per man-hour per man hour o Weekend Rate Per hour - 75% Mark up above Published WA State Journey Level Prevailing Wage Rates - per man-hour per man hour. o Material Markup Percentage: 25% x Equipment / Chemicals Schedule Submission Description:__________________________________________________________________ Description:__________________________________________________________________ Description:__________________________________________________________________