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HomeMy WebLinkAbout2017-174 Contract - Thatcher Co of CA Contract for WTP &WWTP Chemicals (ITB #2017-101) CITY O F CONTRACTOR: Thatcher Company of California, Inc. ASH LAN D CONTACT: Craig N. Thatcher, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 27407, Salt Lake City, Utah, 84127-0407 Telephone: 5411488-6002 8625 Unsworth Avenue, Sacramento, CA 95828 Fax: 541!488-5311 TELEPHONE: (916) 389-2517 DATE AGREEMENT PREPARED: June 8, 2017 FAX: (916) 389-2516 BEGINNING DATE: Jul 1, 2017 COMPLETION DATE: June 30, 2019 COMPENSATION FOR GOODS AND SERVICES TO BE PROVIDED: All chemicals are to be provided and delivered as specified in the ITB #2017-101 bid specifications. Contract approved by the City Council on June 6, 2017. Thatcher Company of California, Inc. bid is attached as Exhibit C. Water Treatment Plant -Chemical #4 Soda Ash, Dense, Free Flowing Manufacturer: Thatcher Company, Inc. Pricing for July 2017 to June 2018 $3,213.00 per order ($0.2295 per pound, 50 Lbs per bag, 56 bags per pallet, 280 bags per order, no additional delivery charge) Pricing for July 2018 to June 2019 $3,213.00 per order ($0.2295 per pound, 50 Lbs per bag, 56 bags per pallet, 280 bags per order, no additional delivery charge) Wastewater Treatment Plant -Chemical #8 Aluminum Sulfate Manufacturer: Thatcher Company of California, Inc. Pricing for July 2017 to June 2018 $4,411.45 per order ($0.2035 per pound (dry), $407.00 per dry ton, 11.1 Lbs per gallon, 4,000 gallons per order, no additional delivery charge) Pricingfor July 2018 to June 2019 $4,411.45 per order ($0.2035 per pound (dry), $407.00 per dry ton, 11.1 Lbs per gallon, 4,000 gallons per order, no additional delivery charge) ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Con~ract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rima Cit of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2, Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 2796.225, 2796.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Livin Wa a Requirements: If contractor is providin services under this contract and the amount of this contract Contract for WTP &WWTP Chemicals (ITB #2017-101), 06108/2017, Page 1 of 6 i~ $20,688.86 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not beheld responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to beheld by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. ObligationlLiability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Rec clable Products: Contractor shall use rec clable roducts to the maximum extent economical) feasible Contract for WTP & WWTP Chemicals (ITB #2017-101), 06/0812017, Page 2 of 6 in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, 2 000 000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. c. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverages) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Workers' Compensation, required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions andlorself-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suitor proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for WTP & WWTP Chemicals (ITB #2017-101), 06/08/2017, Page 3 of 6 Cantractor: City of Ashland By ~ By ~ r, Signature Depart nt Head . •r ~ .1 ~ tint Name Print Name Title Date G~ - ~ g~ 6 W-9 One co of a W-9 is to be submitted with pY p the signed contract. Purchase Order No. ~ ~ ~r ~ ~ A~ v~®AS ~o~~ Ashland tY ~Attomey Data- ~n - l ~ Contract for WTP & WWTP Chemicals (ITB #2017-101), 0610812017, Page 4 of 6 EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b} Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii} it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4} Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibilityfor defective workmanship orforservice not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~a Contractor (Date) Contract for WTP & WWTP Chemicals (ITB #2017-101), 0610812017, Page 5 of 6 ~ ~ ~ ~ ~ ~ EXHIBIT B ~ o s an , ~ . ~ , ~ - . ' per hour effective June 30, 2017 (Increases annually every June 30 by the ~r Consumer Price Index - ~ - ~ , portion of business of their 401K and IRS eligible employer, if the employer has cafeteria plans (including ten ormore employees, and childcare) benefits to the has received financial amount of wages received by assistance forthe projector the employee, ➢ For all hours worked undera business from the Cityof service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the Cityof $20,688.86, include temporary orpart-time Ashland if the contract employees hired for less than exceeds $20,688.86 or more. ➢ If their employer is the Cityof 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department, details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020, working on a project or of health care, retirement, Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers; This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for WTP & WWTP Chemicals (ITB #2017-101 0610812017, Page 6 of 6 THATCHER COMPANY OF CALIFORNIA, INC. Phone (916) 389-257 8625 Unsworth Avenue, Sacramento, CA 95828 Fax (9~6) 389-256 C !-1 E Ivl May 2017 I~ C' ~~~C~ ~ ~ ~ Contracts & agreements: Craig N. Thatcher, President Thatcher Company of California, Inc. P. 0. Box 27407 Salt Lake City, UT 84127-0407 E-mail: wendy.richmand~a.tchem.com Bid & quote originals, certificate of insurance requests: 1Nendy Richmond Thatcher Company of California, Inc. P. 0. Box 27407 Salt Lake City, UT 84127-0407 E-mail: wendu.richmond(c~tchem.com Payments: Thatcher Company of California, Inc. P.O. Box 27407 Salt Lake City, UT 84127-0407 Purchase orders: Elida De La Torre Thatcher Company of California, Inc. 8625 Unsworth Avenue Sacramento, CA .95828 E-mail: elidadelatorreCa.tchem.com . Bid tabulation: wendy.richmond~tchem.com ben.ha~rnesa tchem.com '""""'1 THATCOM-01 ESTATHIS ACRD CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY) 611612017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Della R. Zeeh, CPCU, CIC The Presidio Group, Inc. ~C No Ext : (801) 290-3181 alc No : 6967 South River Gate Drive, #200 EMAIL Salt Lake City, UT 84047 ADDRESS; dzeeh presidio-group.com INSURERS AFFORDING COVERAGE NAIC # INSURER A ; AIG Specialty Insur. Co. 26883 _ INSURED INSURER B :Nat'l Union Fire Ins. Co. PA 19445 Thatcher Company, Inc. etat see named insureds attached INSURER c :New Hampshire Insurance Co. 23841 _ PO Box 27407 INSURER D :Everest National Insurance Co 10120 Salt lake City, UT 84104-3724 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDlYI(YY MMfDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR X EG23060782 0410112017 0410112018 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ~j JE ~ ~ LOC PRODUCTS - COMPIOP AGG $ 2,000,000 orHER: POLLUTION LEGAL $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 B X ANY AUTO X CA4489610 0410112017 0410112018 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 A X EXCESS LIAB CLAIMS-MADE EGU23060878 0410112017 04101/2018 AGGREGATE $ 6,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE ~RH AND EMPLOYERS' LIABILITY C ANY PROPRIETORlPARTNERIEXECUTIVE Y 1 N WC015893603 04/0112017 0410112018 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ~ N1A 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Pollution Liability EG23060782 0410112017 04/0112018 Limit 1,000,000 D Motor Truck Cargo IM8CM00012171 0410112017 04!0112018 CARGO 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Verification of insurance subject to the terms and conditions of the policy. City of Ashland, Oregon, and its elected officials, officers and employees are Additional Insured with respect to General Liability and Auto Liability. Coverage is primary and non-contributory as long as no other insurance applies. 30 day notice of cancellation applies except for non-payment of premium which is 10 days notice. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N. Mountain ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: THATCOM-01 ESTATHIS LOC 0 A~4RD`' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED he Presidio Group, Inc. Thatcher Company, lnc. etal see named insureds attached PO Box 27407 POLICY NUMBER Salt lake City, UT 84104-3724 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEEP 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Name Insured Thatcher Company Thatcher Group, Inc. Thatcher Transportation, Inc. Thatcher Company of Arizona Thatcher Company of California, Inc. Thatcher Company of Montana, Inc. Thatcher Company of Nevada, Inc.. Thatcher Company of New York, Inc. Thatcher Chemical of Florida, Inc. Thatcher Pharmaceuticals, Inc Thatcher Company of North Dakota, Inc ACORD 101 (2008101 ~ ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT N0. 15 This endorsement, effective 12:01 AM, 04 / 01 /2 016 Forms a part of Policy No.: EG 23060782 Issued to: THATCHER COMPANY By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGES A, B AND E ADDITIONAL INSURED - DESIGNATED PERSONIS) OR ORGANIZATION(S) ENDORSEMENT This endorsement modifies insurance provided under the follovuing: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM Solely as respects Coverages A, B and E, SECTION II -WHO IS AN INSURED is amended to include as an insured the personls) or organizationlsl shown in the Schedule below, but only vuitf> respect to bodily injury, property damage, personal and advertising injury, environmental damage or emergency response costs caused in v>fiole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your work; or B . In connection with your premises owned by or rented to you. SCHEDULE Name of Additional Insured Personls) or Organizationls): Blanket where required by written contractor agreement All other terms, conditions, and exclusions shall remain the same. AUTHORIZE REPRESENTATIVE or countersignature (in states where applicable) 103366 (9111) PAGE 1 0 F 1 C15034 4. Other Insurance Applicable to Coverages A, B and E If other valid and collectible insurance is available to the insured for damages or loss we cover under Coverages A, B or E of this Policy, our obligations are limited as follows: a. Primar nce This insurance is primary except when b. below applies. If this insurance is primary, obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that her insurance by the method described in c. below. However, regardless of whether b. below applies, in the event that a written contract or a ement or permit requires this insurance to be primary for any person or organization with whom you a r to insure and such on or organization is an insured under this policy, we will not seek co ions from any such other insurance such person or organization. b. Excess Insurance This insurance is excess over: 111 Any of the other insurance, whether primary, excess, contingent or on any other basis: Ia) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work; Ib1 That is Fire insurance for premises rented to you or temporarily occupied by you vuith permission of the owner; Icl That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or Idl If the damages or loss arises out of the maintenance or use of aircraft, autos or watercraft to the extent not subject to Exclusion g. of Coverage A. 12) Any other insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, wee vuill have no duty under Coverage A, B or E to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends, we will undertake to do so, but we will be enticed to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the damages or loss, if any, that exceeds the sum of: 111 The total amount that all such other insurance vu~uld pay for the damages or loss in the absence of this insurance; and 12) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining damages or loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Policy. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this 103124 (11113) Page 30 of 46 C 15343 ~i~V~.7a~lYIESV~. IYiI. ~ti Ti~is er~cir,rsrarr~r;rit, etfc~~ctive 1~:fl~ ~111i, 04 / 01 /2 0116 Eerr~~s a dart of P~iiry EG 2:30~D78~ h~sr,reci tn: Tf-IATDEIEf C~i~lf'Ai~`r' ~y: (1hi~1RTlS Sf~ECIALTY lN~~}RAnfCE (~~~PANY T~ii~ ENbQ~~Eittli~T ~C~,q~I~E~ TH'E Ff~LiC~, Pf.EASE RE~a IT ~CI~~EEIff.LY. 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F'rr4caf of ~r~rr r~~~~aiiir~g Elrc Aci~dicc, cr;irtci the ir~forn~atiar~ E~rouided ley yr~u, v~ll ~e~rve ~s i~roof chat ti~ E~rtirvc f~_rl~ly .~~1t151~t;1.J otrr` Ui~IICj~E3r~r1` 11r~Cir~r tt~r;; EI1df~~SGl11£:nt. I~€ir; Enilc~rc:rt~cynt dt~e; nat alfect, irs ar~y +~~y, covrragc larovrded under t11rS l'~ylrcy car the c~tr~c~clialit)n of lids Policy r,r El~r.~ c1ilc;t:tive ciatc~ thrcrcirf, nor ;,I~~~~I! this EncJorsener~l invcsE ar~y ricii~ts in ~,~y ei~Eity riot irrsr~red ~rnrt~er this l'~~licy. Ali c,~h~~,a. term;,, a:c~nr~iiticr~r;, and exclosir~rts sl~z~ll r~er~rt~in the sar~~e. ~ % 1 0 ~41fT~9€3~IZE REf~~ESENTA~'illE ar c€~r_rntersi~nalrrre ;in states vuhere applicahle~ j,~`?t~~ii'~~~ ~I~j~r1~ ~'~G1_` 1 1 POLICY NUMBER: ~A 448-96-10 COMMERCIAL AUTO CA 20480299 THIS ENDORSEMENT CI~ANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies persan~s} or arganizatian(s) who are "insureds" under the Who Is An Insured Provision of the Cr~verage Farm. This endorserr~ent does not alter coverage provided in the Coverage Farrx~. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04 / 01 / 2 016 Countersigned By: Named Insured: THATCHER CUMRANY (Authorized Representative) SCHEDULE Name of Persons} or Organizations}: Per Written Contract and or Agreement CA 20 4$ 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 (If no entry appears above, infarrnation required to complete this endorsement wilt be shown in the Declara- tions as applicable to the endorsement.} Each person or organization shown in the Schedule is an "insured" far Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the 1Nho Is An Insured Provision contained in Section II of the Coverage Form. Page 2 of ~ Copyright, Insurance Services Office, Inc., 199$ CA 20 48 02 99 Kariann Olson From: Eleni Stathis <estathis@presidio-group.com> Sent: Friday, June 16, 2017 7:54 AM To: Kariann Olson Subject: City of Ashland I Thatcher Company, Inc. Attachments: Certificate.pdf Hello, Please see the attached certificate. Please let me knouv if you need any revisions. Thanks, Eleni Stathis Assistant Account Manager Gallagher Presidio 801.924.1441 Fax 800-924-1404 Toll Free This email has been scanned by the Symantec Email Security.cloud service. For more information please visit httpalvvww.symanteccloud.com 1 ~ ~ -'VG Invitation to Bid CHEMICALS FOR WATER & WASTEWATER TREATMENT PLANT Date of Release: April 18, 2017 Proposals are due prior to: 1:00 PM (PST) Thursday, May 18, 2017 Contracting Agency: City of Ashland Sole Point of Contact: Kari Olson Title: Purchasing Representative Address: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Telephone: (541) 488-5354 Fax: (541) 488-5320 Email: l~a~•i.olson~~~ashland.or.us ITB -Chemicals for WTP & W~VTP, Page 1 of 25, 4/18/2017 PUBLIC NOTICE: City of Ashland Invitation to Bid #2017-101 CHEMICALS FOR WATER & WASTEWATER TREATMENT PLANTS Bids are due prior to 1:00 PM (PST), Thursday, May 18, 2017 The City of Ashland is seeking bids for eight (8) chemicals as specified in the ITB that are intended for use at the Water and Waste Water Treatment Plants. The City's intent is to award individua124-month contracts for each chemical to the lowest responsive and responsible bidders for a term beginning in July, 2017 and ending June 30, 2019. Bidders are encouraged to bid on any number of chemicals they can provide as specified. The ITB allows multiple contracts to be awarded to the qualified bidders whose bids substantially comply with the requirements and criteria set forth in the Invitation to .Bid and with all the prescribed public procurement procedures and requirements. The INVITATION T4 BID is available online at ~~~~~~.ashland.or.us Log on to the City's website, scroll down to the Ashland 241'1 ribbon and click on "Proposals, Bids and Notifications". Click on REQUEST BID PACKET (below the public notice), log into the system and download the solicitation documents. You will need to log in to the system each time you would like to download the solicitation documents and any subsequently issued addenda. In accordance with AMC Section 2.50.0$0, Competitive sealed bids and competitive sealed proposals maybe available online, but applicants will NOT be able to submit their proposals andlor responses online. Bids and proposals must be delivered in hard copy form to the City in accordance with the requirements for the competitive solicitation. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. Sealed bids must be received prior to 1:OOPM (PST), Thursday, May 18, 2017, by Kari Olson, Purchasing Representative in the City of Ashland, Purchasing Office located at 90 N. Mountain Avenue, Ashland OR 97520. The bids will be publicly opened and read at 1:OOPM (PST), Thursday, May 1S, 2017. Kari Olson Purchasing Representative City of Ashland, Oregon Published: 04/18/2017 ITB -Chemicals for WTP & WWTP, Page 2 of 25, 4/18/2017 BID N0: 2017-101 RELEASE DATE: Aril 18, 2017 CITY OF ASHLAND Ashland Service Center 90 N. Mountain Avenue Ashland, Oregon 97520 (541) 488-5354 FAX (541) 488-5320 INVITATION TO BID, GENERAL CONDITIONS AND SPECIFICATIONS CHEMICALS FOR USE AT THE WATER & WASTE WATER TREATMENT PLANTS The City of Ashland ("City") is accepting bids for the purchase of CHEMICALS, FOR THE WATER & WASTE WATER TREATMENT PLANTS further referred to in this invitation to bid ~ goods and services .All bids shall be subject to the following conditions: 1. Time and Place for Receivin~`Bids: Bids must be received by the Purchasing Representative, Ashland Service Center, 90 N. Mountain Avenue, Ashland, Oregon 97520, by ~ :OOP~'I (PST, Thursday,, hiay 18, 2017. At that time, bids will be publicly opened and read in Room 106 of the Service Center. Bids may not be withdrawn after the time set for the opening of bids. Each bid shall be identified on the exterior of the sealed envelope as follows: BID I~O: 2015-101 PURCHASE OF CHEMICALS FOR WTP & WWTP BID OPENING: 1:OOPM (PSTI, THURSDAY, MAY 18, 2017 In com Hance with OAR 137-047-0260 2)(c) A ,the solicitation schedule is as follows: ACTIVITY DATE Invitation to Bid Released April ~8, 2017 1St Public Notice April 18, 2017 Due Date and Time for QUESTIONS 5:00 PM (PST), Monday, May 8, 2017 DUE DATE AND TIME 1:OOPM (PST), THURSDAY, MAY 18, 2017 FOR S111BMITTING BIDS Location: City of Ashland, Purchasing Office, 90 (Note: Bids must be received N. Mountain, Ashland, OR 97520 rior to the due date and time. Evaluation Process May 19 - 2b, 2017 Contract Recommendation Upon completion of evaluation process Notice of Intent to Award At least seven (7) days before the award of a ublic contract Contract Recommendation June 2017 Presented to Cit Council fora royal Public Contract Award Upon Council approval and at least seven (7) days after the Notice of Intent to Award Contract Term 24-Months NOTE: Any changes made to the closing date of the ITB will be made in the form pf a written addendum and mailed to all potential bidders who have received the ITB documents. 2. Purchasin~Representative: The City of Ashland Purchasing Representative, K~ri Olson, is the sole point of contact in the City for this Invitation to Bid. All requests, questions, inquiries and correspondence pertaining to this bid should be directed to the Purchasing Representative. The specifications may be reviewed at the City of Ashland, Purchasing Office located at 90 N. Mountain Avenue, Ashland, Oregon 97520. For a copy of the Invitation to Bid, including the specifications, please contact the Purchasing Representative. In accordance with AMC Section 2.50.080, Competitive sealed bids and competitive sealed proposals may also be available online, but applicants will NOT be able to submit their proposals and/or responses online. Bids and ITB -Chemicals for WTP & WWTP, Page 3 of 2S, 4/1$12017 proposals must be delivered in hard copy form to the City in accordance with the requirements for the competitive solicitation. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions, addenda, and related materials. Contact information: Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Tel: 541-488-5354 Fax: 541-488-5320 Email: kari.olson@ashland.or.us 3. Protests: Any prospective bidder who contends that the provisions of the contractdocuments or that the procurement process is contrary to law or that this solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name, must submit a written protest with the Pur@asing Representative at least ten (10} days prior to the date on which the bids are due. Failure to file a protest will be deemed a waiver of any claim by a bidder or prospective bidder that the procurement process violates any provision of ORS subchapters 279A and 279B or the City's Public Contracts rules found in Section 2.50 of the Ashland Municipal Code. If protests, inquiries or comments by bidders raise issues that require clarification by the City, addenda will be issued by the Purchasing Representative. 4. Disclaimer of Responsibility. The City will not be responsible for oral interpretations. Should a bidder find discrepancies in, or omissions from, the contract documents, or be in doubt as to their meaning, such bidder shall notify the person designated in paragraph 2. Any and all such interpretations orapproval of manufacturer's materials to be substituted will be made only in the form of written addenda to the specifications which, if issued, will behand- delivered or mailed by certified mail with return receipt requested to all prospective bidders receiving a set of such documents, not later than ten working days prior to the date fixed for the closing of bids. All addenda so issued shall be considered by the bidder in preparing the bid, shall be submitted with the bid and, shall become a part of the contract documents. 5. Specifications: Specifications for the goods and services are attached to this invitation to bid. Any deviations from the specifications shall be identified in the bid utilizing the method outlined in paragraph GC17 of the general conditionslspecificationsdocuments. Reference to brand names in the specifications are utilized to describe the type and quality of item required. Bidders are not limited to the brand specified but may submit any brand of equivalent type and quality. Any deviations from the specifications, however, shall be identified in the bid, and City reserves the right to reject a bid on the basis of deviations or brands which are not equivalent in type or quality. 6. General Conditions: The City's general conditions for purchase of goods and services are attached to and incorporated in this invitation to bid. Any bid that attempts to modify or abrogate any of the general conditions including, but not limited to, provisions on warranties may be rejected as nonresponsive. 7. Addenda: In the event that it becomes necessary to revise any part of the bid documents, written addenda will be provided and pasted on the City's website. Receipt of an addendum by a bidder must be acknowledged by signing and returning the document with the bid form. 8. Bid Form: 8.1. Bidders shall complete the bid form provided by the City. All pages of the bid form must be left in proper sequence. Bids may be rejected as nonresponsive if they are altered, incomplete, conditional or otherwise irregular. 8.2. If the bid is submitted by a partnership, it must be signed by a partner. If the bid is submitted by a corporation, it must be signed by a corporate officer and be accompanied by proof of authority to sign. 8.3. The bid must include a statement on whether or not the bidder is a resident bidder as defined in ORS 279A.120(1)(b). "Resident bidder" means a bidder who has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated on the bid that the bidder is a "resident bidder". The Certificate of Compliance statement included with this ITB is required to be signed and will satisfy this requirement. ITB -Chemicals for WTP & WWTP, Page 4 of 25, 4/18/2017 9. Requirements of Contract Documents: Each bidder must examine the general conditions, specifications and other contract documents and take such other reasonable and prudent actions that the budder deems necessary to ascertain the requirements of the contract documents. A bidder shall not at any time, after submission of its bid, assert that there was any misunderstanding concerning the nature, quality or description of the goods and services to be supplied. 10. Withdrawal of Bids: Any bid may be withdrawn at any time prior to the time set for opening bids, by providing written request for withdrawal of the bid to the Purchasing Representative. The request shall be executed by the bidder or a duly authorized representative. All bids shall be irrevocable for a period of 60 days from the day of opening. 11. Acceptance of Bid: The City may reject any bid if the City determines that the bidder has an interest in more than one bid; there is collusion between bidders; the bid is not responsive; the bid is not in compliance with the terms of the contract documents and all applicable public bidding laws, rules and ordinances; or the bidder is not qualified to provide the goods and services covered by the contract documents. 1 l.l. Pursuant to ORS 279A.120(2)(b), to determine the lowest responsive bid, the City will add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. 11.2. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. 11.3. Pursuant to ORS 279A.120(2)(a), the City shall give preference to goods and services manufactured or produced in Oregon if price, availability and quality are otherwise equal. 11.4. Pursuant to ORS 279B.055(2)(f), contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this ITB. 11.5. Pursuant to ORS 279A.125, the City shall give preference to goads that are certified to be made from recycled materials if the recycled product is available, meets applicable standards, can be substituted for a comparable non recycled product; and the recycled products costs do not exceed the costs of non recycled products by mare than. five percent, or a higher percentage if a written determination is made by the City. l l .b. Pursuant to ORS 282.210, all printing, binding and stationery work done for the City shall be performed within the State of Oregon. 11.7. Pursuant to ORS 279B.060(2)(g}, if required under ORS 4b$A.710, the contractor or subcontractor is required to possess an asbestos abatement license. 11.8. Pursuant to ORS 279B.100, the City reserves the right to cancel or reject any or all bids if the City finds that it is in the public interest to do so without liability to any bidder for any loss or expense caused or resulting from the cancellation or rejection of a bid or award. 12. Award of Contract. The purchase of goods and services will be made by the City on the basis of the lowest responsible and responsive bid meeting specifications. A multiple award may be made if award to two or more bidders of similar goods and services is necessary for adequate availability, delivery, service, or product compatibility. In addition, any other public agency wishing to use the resulting contract maybe authorized by mutual consent of the City of Ashland and the contractor pursuant to ORS 279A.215. ITB -Chemicals for WTP ~ WWTP, Page 5 of 25, 4/18/2017 GENERAL CONDITIONS FOR PURCHASE OF GOODS AND SERVICES GC1. Contract Documents: The contract documents are complementary. A requirement in one of the contract documents is as binding as though occurring in all. In the event of any inconsistency in the terms of the contract documents the following order of precedence shall govern unless otherwise stated: 1. Specifications; 2. These general conditions; 3. The invitation to bid; 4 The bid. The apparent silence of the contract documents as to any detail shall be regarded as meaning that only the best practice is to prevail and that only goods and services of first quality are to be provided by bidder. GC2. New Goods and materials: All goods and materials shall be new unless otherwise specified in the special provisions or specifications. GC3. Payment: Payment shall be made by the City within thirty days after City had inspected the goods or has had a reasonable opportunity to do so. City may reserve payment until all goods and services are received. GC4. Risk of Loss: Bidder shall have the risk of loss until the goods and services have been delivered to City's facility and are approved after inspection by City. GC5. Inspection: Goods and services furnished under this contract shall be subject to inspection and testing by City at times and places determined by City. If City determines that the goods and services are not in compliance with the specifications, City may reject the goods and services and require Bidder to either cure defects or make an equitable price reduction. If Bidder refuses to cure defects within a time deemed reasonable by City, City may cancel the contract or enforce City's remedies for default. Nothing in this provision shall impair City's rights to enforce warranties, revoke acceptance of the goods and services or enforce any other remedies under ORS Chapter 72. GC6. SafetX„and Health Requirements: Goods and services shall comply with all federal Occupational Health and Safety (OSHA) requirements and with all Oregon safety and health statutes and administrative rules including, but not limited to, those of the Workers' Compensation Department. All "Material Safety Data Sheets" for hazardous chemicals that are subject to ORS 654.750 and OAR Chapter 435, Division 155 shall be submitted to City before the chemicals are delivered. GC7. Taxes: City generally is not subject to taxation. Bidder shall be responsible for paying all taxes on the sale of the goods and services, except fuel taxes included in the bid price. GC8. Compliance with Law: This agreement will be governed by and construed in accordance with laws of the State of Oregon. Each party agrees that it will perform its obligations hereunder in accordance with all applicable state, federal and local laws, rules and regulations now, or hereafter in effect. Bidder shall comply with applicable provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530. Bidder is a "subject employer" as defined in ORS 656.005. Bidder shall comply with all applicable workers' compensation laws including, but not limited to, ORS 656.017. GC9, Patented Goods and services: Bidder shall defend, indemnify and hold City harmless from any claims for infringement of patent arising out of City's use of the goods and services. GC10. Severabili : If any provision of the contract documents shall be held to be invalid or unenforceable, such invalidity or unenforceabilitysholl not affect any other provision of the contract documents. The contract documents shall be construed as if such invalid or unenforceable provision had never been included. GC 11. No Waiver: No provision of the contract documents shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived its rights. Any waiver of a breach ~by any party, whether expressed or implied, shall not constitute waiver of any other different or subsequent breach. GC12. Successors: The successors, assigns and legal representatives of Bidder and City shall be subject to all provisions of the contact documents. Bidder shall not assign Bidder's rights or obligations under this agreement without prior written consent of City. GC13. Indemnification: Bidder shall defend, indemnify and save City, its agents, end employees harmless from any and al] losses, claims, actions, costs, or other damages resulting from injury to any person or damage to property, of ITB -Chemicals for WTP & WWTP, Page 6 of 2S, 4/18/2017 whatsoever nature arising out of or incident to the performance of this agreement by Bidder or defects in the goods and services. Bidder shall not be held responsible for any losses, claims, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. GC14. Notices: Any notice required to be given under this contract, or any notice required to be given bylaw, shall be in writing and shall be given by personal delivery or by registered or certified mail, to Bidder at the address stated in the bid form or to City at the address of the Purchasing Representative stated in the invitation to bid. GC15. Entire Agreement: The contract documents are the entire, final and complete agreement of the parties and supersede all prior and existing written ar oral understandings except as otherwise continued in effect by the terms of the contract documents. No modification of the contract documents shall be valid unless in writing and signed by the parties. GC16. Acceptance of Specifications: Bidders must satisfy themselves by personal examination of the specifications and by such other means as they prefer, as to the actual conditions and requirements of the specifications and shall not at any time, after submission of the bid, dispute, complaint, or assert that there was any misunderstanding in regard to the nature, quality or description of the item to be supplied. Bidder must submit with its bid a statement accepting each and every specification or accepting each and every specification not otherwise accepted under paragraph GC17. GC 17. Exceptions: The bidder may take exception to any standard of these specifications. The prospective bidder who cannot meet each and every requirement of the specifications need not be considered unqualified to submit a bid. By taking exceptions and clearly stating them, in writing, on a separate sheet ~f paper headed "EXCEPTIONS", and by offering alternatives to replace excepted requirements, a bidder may still compete in the process. SPECIFICATIONS FOR PURCHASE OF GOODS AND SERVICES S1. ACCEPTANCE; Bidders must satisfy themselves by personal examination of the specifications and special provisions, and by such other means as they prefer, as to the actual conditions and requirements of the specifications and special provisions of the contract documents, and shall not at any time, after submission of the bid, dispute, complain, or assert that there was any misunderstanding inregard to the nature, quality or description of the item to be supplied. Bidder must submit with its bid a statement accepting each and every specification or accepting each and every specification not otherwise excepted under section 2. S2. EXCEPTIONS: The bidder may take exception to any standard of this specification. The prospective bidder who cannot meet each and every requirement of the specifications need not be considered unqualified to submit a bid. By taking exceptions and clearly stating them, in writing, on a separate sheet of paper headed "EXCEPTIONS", and by offering alternatives to replace excepted requirements, a bidder may still compete in the process. S3. SPECIFICATIONS: The specifications for the goods and services to be supplied are attached to this document. ITB -Chemicals for WTP & WWTP, Page 7 of 25, 4/18/2017 Chemicals for the Water & Wastewater Treatment Plants INVITATION TO BID # 2017-101 April 18, 2017 SPECIFICATIONS The City of Ashland, WTP and WWTP, are requesting bids for a total of eight (8} chemicals as individually specified. Five (5) of the chemicals are required by the WTP, and three (3) of the chemicals are required by the WWTP. Bidders are encouraged to submit bids for any number of individual chemicals their company is able to provide as specified. Two (2) of the chemicals are manufacturer/brand specific and specified as "No Substitution" due to the strict standards of maintaining quality control and meeting permit requirements. However, six (6) of the chemicals will allow for substitutions or equivalents as specified. Substitutions "or equivalents" for the specified quality and quantity ~f the individual chemicals will receive full consideration, provided the substitutions are appropriate for the application, and they are of equal quality and quantity. The City reserves the right to reject a bid if the item being provided as a substitution is determined by the City to not be of equal quality and quantity and/or not be appropriate for the application. The fo_wing general suecifications apply to ALL of the chemicals listed below. B Firm pricing shall be submitted in such a way as to show the breal~down of all applicable and related costs for each. individual chemical. Costs not included in the bid will be subject to non- payment bythe City of Ashland. Bids shall be submitted directly on the spec/cost sheets included in the ITB. The Bid Form attached as Exhibit A is required to be completed, signed and included with the bid being submitted in response to this ITB. CONTRACT The City's intent is to award individual 24-month contracts for each chemical to the lowest responsive and responsible bidders for a term beginning in July, 2015 and ending June 30, 2017. The successful bidder(s) will be required to promptly execute a contract, agree to provide the chemicals as specified and submit the required proof of insurance. The Certificate of Compliance statement attached as Exhibit B is required to be signed and included with the bid being submitted in response to this ITB. A sample contract is attached as Exhibit C for you review. PURCHASE ORDERS A blanket purchase order will be issued for the 24-month term (July 1, 2017 to June 30, 2019) of the contract. ITB -Chemicals for WTP &WWTP, Page 8 of 25, 4/18/2017 o Orders for chemicals for the WTP will be placed by the Water Quality Supervisor and chemicals for the WWTP will be placed by WWTP personnel. Deliveries shall arrive within seven (7) days after receipt of order, with the exception of routine scheduled deliveries and/or an emergency order, which will be coordinated by the WTP, Water Quality Supervisor or WWTP personnel. Orders may be cancelled at the discretion of the City of Ashland, WTP and WWTP, personnel with twenty-four (24) hours notice. DELIVERY REQUIREMENTS Each chemical will be delivered FOB ASHLAND. WTP The delivery location for the Sodium Hypochlorite is directly at the WTP (above Lithia Park} - no exceptions. There is limited access above Lithia Park - 28' +l- delivery truck is acceptable. Accessibility will need to be verified and confirmed. The delivery location for the remaining chemicals specified for the WTP, is preferred directly at the WTP; however, an acceptable secondary location is the City of Ashland, Service Center, located at 90 N. Mountain Avenue, Ashland, OR 97520. WWTP All chemicals ordered for the WWTP will be delivered directly to the WWTP located at 1195 Oak Street, Ashland, Oregon. Forklift can be made available with advance notice. Deliveries shall be arranged to arrive before 12:00 PM (PST) (noon), Monday-Friday. WTP/Sodium Hypochlorite shall be delivered to the WTP no later than 11:OOam. MATERIAL SAFETY DATA SHEETS (MSDS) The most current Material Safety Data Sheets (MSDS) shall be included and delivered with each order. CHEMICALS The following chemicals are to be provided and delivered as specified. The quantities being provided are the best estimates available at this time. Bidders may bid on the individual chemicals as specified by providing the information being requested in the space provided. Supplemental information maybe submitted separately with the bid documents. Due to the strict standards of maintaining consistent water quality at the WTP, the City will not accept substitutions and/or equivalents for the chemical CYTEC Superfloc N-300 LMW Flocculant and the only catonic polymer coagulant aids approved for bid are CYTEC Superfloc C-573 Flocculant and NORTHSTAR MOE 106 PWG Flocculant. ITB -Chemicals for WTP &WWTP, Page 9 of 25, 4/18/2017 WTP (Water Treatment Plant) -CHEMICAL #1: SODIUM HYPOCHLORITE 12.5%+ "FILTERED" Sodium Hypochlorite 12.5% must meet the following specifications; "Sodium Hypochlorite must be filtered to Z-3 microns A certificate of Analysis from each manufactured batch shall accompany each shipment of Sodium Hypochlorite. These batch analyses shall include but are not limited to the following:./) Product Name, 2) Batch Identification, 3) Specific Gravity, 4) % Sodium Hypochlorite by weight, 5) % Excess Caustic by weight, 6) Vacuum Filter Test Time, 7) Date of batch. Purchaser will be performing a "Suspended Solids Quality Test for Bleach Using Vacuum Filtration" method as described at 111tp•/,tivwtiv powellfnb comhechnical information/preview/suspended solids test.nspx A 1 DDO ml sample must go through a 47mm, 8,u filter (Millipore - #AAWP04700) in less than three (3) minutes +/-10%, using a vacuum pump that produces between 2Z and 25 inches of vacuum. PSI should be -ZZ to -25. (Gordon, Dr. Gilbert, "Strategies for Meeting Hypochlorite Specifications in the Drinking Water Industry", Powell Fabrication) Purchaser can refuse delivery of any product wliich requires more than three minutes filtration time in this test." 1) Must meet A.W.W.A. specifications for potable water. 2) Estimated annual usage -July through June - 23,760 Gallons (if 330/tote). 3) Currently an order is placed for six (6) totes @ 300-330 gallons per tote, ten (10) times per fiscal year. 4) Delivery to be directly at the City of Ashland, Water Treatment Plant (located above Lithia Park} -limited access above LithiaPark - 28' delivery truck is acceptable. Accessibility will need to be verified and confirmed. No exception. 5) No Tote Deposit. Delivered by tote and pumped immediately into tanks at time of delivery. Empty totes are then immediately available to be returned on empty delivery truck: 6) Deliver in 300-330 gallon totes. 7) Labeling must include NSF certification symbols on product containers. 8) Bids must be in the form of dollars per gallon. Manufacturer Not applicable. Number of gallons per tote Not applicable. July 2017 - Jnne 201 July 201 -Jane 20,19 Price per gallon (gal} ~ No Bid $ No Bid Cost per tote $ No Bid ~ No Bid Cost per load/order - (6) Totes ~ No Bid ~ No Bid Delivery charge per order ~ No Bid _ _ ~ No Bid Comments: ITB -Chemicals for WTP & WWTP, Page 1.0 of 25, 4/18/2017 WTP (Water Treatment Plant) -CHEMICAL #2; CYTEC SUPERFLOC C-573 FLOCCULANT -OR- NORTHSTAR MOE lOb PWG FLOCCULANT (No Substitution) Cytec Superfloc C-573 Flocculant or NORTHSTAR MOE 106 PWG Flocculant must meet the following specifications: 1) Must meet A,W.W.A. specifications for potable water. 2} Estimated annual usage -July through June - 24 drums, S00 Lbs per drum. 3) Currently an order is placed for four (4} drums every six (6) weeks on average year round, 4) Prefer delivery directly at the WTP (located above Lithia dark) -limited access above Lithia Park - 28' delivery truck is acceptable, Accessibility will need to be verified and confirmed, Acceptable secondary delivery location is the City of Ashland, Service Center, 90 N, Mountain Avenue, Ashland, Oregon, 97520. Forklift can be provided by the City. 5) Deliver in S00 Lb drums, four (4) drums per pallet, on pallet jackable pallets, 6) Bids must be in the form of dollars per pound (Lb), 7) Labeling must include NSF certification symbols on product containers, Manufacturer CYTEC -OR- NORTHSTAR (No Substitution) Jules -June 2018 July 2018 -June 2019 Manufacturer Not applicable. Not applicable. Price per pound (Lb) ~ No Bid ~ No Bid Cost per 500 Lb drum ~ No Bid $ No Bid Cost per order - (4) each 500 Lb drums $ No Bid $ No Bid Delivery charge per order ~ No Bid $ No Bid Comments: ITB -Chemicals for WTP & WWTP, Page 11 of 25, 411812017 WTP (Water Treatment Plant) -CHEMICAL #3: CYTEC SUPERFLOC N-300 LMW FLOCCULANT (No Substitution) Cytec Superfloc N-300 LMVV Flocculant must meet the following specifications: 1) Must meet A.W.W.A. specifications for potable water. 2) Estimated annual usage -July through June - 24 bays, 25 kg or 55.12 Lbs per bag. 3) Currently an order is placed for eight bags every sixteen (16}weeks on average year round. 4) Prefer delivery directly at the ~UTP (located above Lithia Park) -limited access above Lithia Park - 28' delivery truck is acceptable. Accessibility will need to be verified and confirmed. Acceptable secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520. Forklift can be provided by the City. 5) Deliver eight (8) bags per pallet, 25 kg or 55.12 Lb per bag, on pallet jackable pallets. Bids must be in the form of dollars per pound (Lb). 7) Labeling must include NSF certification symbols on product containers. Manufacturer CYTEC (No Substitution) July 2017 -June 201.8 July 2018 -June 2019 Price per pound (Lb} ~ No Bid $ No Bid Cost per 25 kg or 55.12 Lb bag N A Lb bag ~ No Bid ~ No Bid Cost per order - (6) Bags ~ No Bid ~ No Bid Delivery charge per order S NO Bid ~ NO Bid Comments: ITB -Chemicals for ~VTP & WWTP, Page 12 of 25, 411 8120 1 7 M1 l WTP (Water Treatment Plant) -CHEMICAL #4: SODA ASH, DENSE, FREE FLOWING - Or Equivalent Soda Ash, Dense, Free Flowing must meet the following specifications: 1) Must meet A.W.W.A. specifications for potable water. 2) Must meet ANSI/NSF-60 specifications for potable water. 3) Estimated annual usage -July through June - 2,800 bags, SO Lbs per bag, (48 pallets). 4) Currently an order is placed for 270 bags, (5) pallets, 54 bags per pallet, SO Lbs per bag, every 3 to 4 weeks on average year round. 5) Prefer delivery directly at the WTP (located above Lithia Park) -limited access above Lithia Park - 28' +l- delivery truck is acceptable. Accessibility will need to be verified and confirmed. Acceptable secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520. Forklift can be provided by the City. 6) Deliver S4 bags per pallet, 50 Lbs per bag, on pallet jackable pallets. 7} Labeling must include NSF certification symbols on product containers. 8) Bids must be in the form of dollars per pound (Lb). Manufacturer Thatcher Company, Inc. Number of pounds (Lbs) per bag 50 Number of bags per pallet 56 July 2- 01.7 - ~Iune 2018 ~ 2418 -June 2019 Price per pound (Lb) $ 0.2295 ~ 0.2295 Cost per order - 270 bags, (5) pallets $ 3,098.25 $ 3,098.25 Delivery charge $ Included. ~ Included. Technical Report Analysis To be submitted with bid Comments: We will be shipping .280 bags (5 pallets) for a cost of $3,23.00. Appendices A and B form part of our proposal. ITB -Chemicals for WTP & WWTP, Page 13 of 2S, 411.812017 WTP (Water Treatment Plant) -CHEMICAL #5: SODIUM CARBONATE PEROXYHYDRATE, FREE FLOWING - "GREENCLEAN" Or Equivalent Granular Algaecide /Fungicide, Free Flowing must meet the following specifications: 1) Primary ingredient must be greater than or equal to 85% Qf product. Z) Must meet State and Federal aquatic use requirements. 3) Product must be packaged in moisture proof plastic sacks. 4) Estimated annual usage -June through October - 360 bags, 50 Lbs per bag, (10.5 pallets}. 5) Currently an order is placed for 120 bags, (4) pallets, 40 bags per pallet, 50 Lbs per bag, every 3 to 4 weeks on average in summer months. 6) Location is the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520. Forklift can be provided by the City. 7) Deliver 40 bags per pallet, 50 Lbs per bag, on pallet jackable pallets. 8) Bids must be in the form of dollars per pound (Lb). 9) City reserves .the right to not purchase the product due to lack of algae blooms. N~anufacturer Not applicable. Number of pounds (Lbs) per bag Not applicable, Number of bags per pallet Not applicable. J~ ~y,2~I7 - dune 2QI8 ~ul~% 201~~, ~~u~e ~~19 Price per pound (Lb) $ No Bid ~ No Bid Cost per order - 270 bags, (5) pallets $ No Bid $ No Bid Delivery charge $ No Bid $ No Bid Technical Report Analysis To be submitted with bid Comments: ITB -Chemicals for WTP & WWTP, Page 14 of 25, 4/18/2017 WWTP (Waste Water Treatment Plant) -CHEMICAL #6: SODIUM HYPOCHLORITE 12.5% Sodium Hypochlorite 12.5% must meet the following specifications: 1) Estimated annual usage -July through June - 2,970 Gallons (if 3301totej, 2) Currently an order is placed for three (3}totes @ 330 gallons per tote, three (3}times per fiscal year, 3) Deliver to the City of Ashland, Waste Water Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. 4) Deliver in 300-330 gallon totes. Drop off only for WWTP, no pumping required. 5}Bids must be in the form of dollars per gallon. Manufacturer Not applicable. Number of gallons per tote Not applicable, Jnl~ 2017 -June 2018 Jul 2~11~ Jnne 2019 Price per gallon (gal) ~ No Bid ~ No Bid Cost per tote ~ No Bid ~ No Bid Cost per load/order - (6) Totes $ No Bid ~ No Bid Delivery charge per order ~ No Bid ~ No Bid Comments: ITB -Chemicals for WTP &WWTP, Page 15 of 25, 4/18/2017 WWTP (Waste Water Treatment Plant) -CHEMICAL #7: CITRIC ACID (50 Lb Bays) Citric Acid must meet the following specifications: 1) Citric Acid, anhydrous, shall be in granular form. 2) Estimated Annual usage -March through November - 86 Bags, 50 Lb/Bags, 43 Bags/Pallet, Total (2) pallets 3} Currently an order is placed for a pallet (43 bags) two (2) times per year. 3) Deliver to the City of Ashland, Waste Water Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. Delivery truck must be equipped with lift gate to properly offload at the above address. 4) Bids must be in the form of dollars per pound (Lb). Manufacturer Not applicable. Number of bags per pallet Nolr applicable. July 2017 -June 2018 July 2418 -June 2019 Price per pound (Lb) $ No Bid $ No Bid Cost per order-(1) pallet ~ No Bid ~ No Bid Delivery charge per order ~ No Bid ~ No Bid Comments: ITB -Chemicals for WTP & WWTP, Page 16 of 25, 4/18/2017 WWTP (Waste Water Treatment Plant) -CHEMICAL #8: ALUMINUM SULFATE (4,500 Gallon delivery pumped into 8,000 gallon tank) Aluminum Sulfate must meet the following specifications: 1 } Percent Concentration Commercial Alum -Approximately 48.8% 2) Total soluble AL203 - 8.3%. 3) Must meet A.W.W.A. specifications. 4) Estimated annual usage -March through November - 80,000 gallons. 5) Currently, ~an order is placed for 4,500 gallons every two (2) weeks during the months of May through November. 6) Deliver to the City of Ashland, Waste Water Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. Tank truck must be equipped with all proper hoses and equipment for unloading 4,500 gallons into the City's 8,000 gallon tank. 7) Bids must be in the form of dollars per dry ton. July 20I7 - ,Tune ~fll~ J201 -June 20I Thatcher Company Thatcher Company Manufacturer of California, Inc, of California, Inc. 0.2035 $ 0,2035 Price per pound (Lb) $ ($407,00/dry tong ($407.00/dry ton) Number of pounds (Lbs) per gallon ~ 1 ~ 1 1 ~ ~ ~ Cost per order - 4,000 gallons ~ 4,411,45 ~ 4,411,45 Delivery charge ~ Included, Included. Comments: Appendices A and B form part of our proposal. ITB -Chemicals for WTP &WWTP, Page 17 of 2S, 4/18/2017 BID SUBMISSION The complete bid, including the ITB and any addenda, released by the City shall be submitted in a sealed envelope, properly labeled and received at the address listed below: Envelope must be sealed and labeled as follows. Kari Olson Purchasing Representative City of Ashland 40 N. Mountain Avenue Ashland, OR 97520 Contents: Invitation to Bid Chemicals for WTP &WWTP Due by 1:00 PM (PST, Thursday, May 1S, 201.7 Please note: Late proposals will not be considered. No exceptions. It is recommended that you request available delivery options for the City of Ashland area and verify that year met, hod of shi meat will arrive prior to the due date and time. DUE DATE AND TIME: The bids must be received at the designated address listed above prior to 1:00 PM (PIJT~, Thursday, May 18, 2017. Late bids will of be considered. Faxed or emailed bids will not be considered. EVALUATION PROCESS This ITB allows multiple contracts to be awarded to qualified bidders whose bids substantially comply with the requirements and criteria set forth in the Invitation to Bid and with all the prescribed public procurement procedures and requirements. The City's intent is to award individual 24-month contracts for each chemical to the lowest responsive and responsible bidders for a term beginning in July, 2017 and ending June 30, 2019. The City of Ashland may reject any bid not incompliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all bids upon the City's findings that it is in the best interest of the City of Ashland. The final contract recommendation(s) will be presented to the City Council (Local Contract Review Board) for final approval. ITB -Chemicals for WTP &WWTP, Page 18 of 25, 4/1812017 EXHIBIT A City of Ashland 90 N. Mountain Avenue Ashland, Oregon 97520 (S41) 488-5354 FAX (54I) 488-5320 BID FORM I, the undersigned, an authorized representative of the bidder whose name is: THATCHER COMPANY OF CALIFORNIA, INC. Address: P. 0. Box 27407 City, State & Zip: Salt Lake City, UT 84127-0407 Phone No.: (916) 389-2517 FAX No. (916) 389-2516 have read and thoroughly understand the contract documents including the Invitation to Bid, general conditions, special conditions, specifications, and all other conditions of the Invitation to Bid issued by the City of Ashland for CHEMICALS FOR THE WATER & WASTE WATER TREATMENT PLANTS. Acting on behalf of my firm which is listed above, I do attest that the goods and services offered by this firm meets the City's specifications in every respect except those described on the attached list of exceptions, and that all exceptions are equal to, or better than, the goods and services specified. Barring circumstances beyond our control, we agree to deliver within (as specified) days from receipt of an order. This bid is set forth as follows: (Note: Pricing shall be provided as required in the specifications} ®I have attached to this bid a copy of all the bid documents issued by the City of Ashland for this bid. Corporate Officer: B 0 y• Signatur Craig N. Tha er Print Name Title: President Date: May 16, 2017 ITB -Chemicals for WTP & WWTP, Page 19 of 2S, 4/18/2017 EXHIBIT B Certificate of Compliance Residenc~Statement: In compliance with ORS 279B.060(10}, each bid must contain a statement as to whether the bidder is a "Resident bidder". This is defined by ORS 279A.120: "Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated i~ the bid whether the bidder is a "resident bidder". Yes, I certify that I am a "Resident bidder" as defined by ORS 279A.120. ✓ No, I certify that I am not a "Resident bidder" as defined by ORS 279A.120. I am domiciled in the State of California (Indicate State) Compliance with Oregon Tax Laws: Incompliance with OAR 137-047-0255(2)(c)(C)(e}, I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: Incompliance with ORS 279A.110(4), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of contractor in this matter, and to the best of my knowledge the contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts, and that the Bidder is not in violation of any Discrimination Laws. Corporat Officer; L By. Signature Craig N. Tha er Print Name Title: President Date: May ~6, 2017 ITB -Chemicals for WTP &'W~TP, Page 20 of 25, 411812017 EXHIBIT C Contract for Goods and Services C ~ t Y O ~ CONTRACTOR: ~ ~ ~ CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 5411488-6002 Fax: 541/488-5311 TELEPHONE: DATE AGREEMENT PREPARED: Fes' BEGINNING DATE: COMPLETION DATE: COMPENSATION: GOODS AND SERVICES TO BE PROVIDED: ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, antl any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will nFOREct u suant to AMC 2 X50 090 la d aftercconsideration of the mutual covenants contained herein the CITY NOW THERE , p AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perforrrl the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 2796.225, 2798.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living !Naga Reguirements: If contractor is providing services under this contract and the amount of this contract is $20,283.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit C-B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as ma be established b Cit under an of fihe followin ITB -Chemicals for WTP & WWTP, Page 21 of 25, 411 X12017 conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are na longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to beheld by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, ar within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract: City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d}are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liabilit~of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: Commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurances Contractor shall at its own expense provide the following insurance: a Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b, General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, 2 000 000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. c. Automobile Liability insurance with a combined single limit, or the equivalent, pf not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Dams e, includin covers e for owned, hired or non-owned vehicles, as a licable. ITB -Chemicals for WTP ~ WWTP, Page 22 of 25, 4/18/2017 d, Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverages) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Workers' Compensation, required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/orself-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suitor proceeding (collectively, "the claim"} between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within-the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has suffiaient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit C-A and herein incorporated by reference. Contractor: City of Ashland By BY Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. ITB -Chemicals for WTP ~ WWTP, Page 23 of 25, 4/1 X12017 EXHIBIT C-A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached w-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii} it has not been notified by the Internal Revenue Service (IRS} that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall ;be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d} Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an i ndependent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1} I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. _____T_ (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship odor service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) ITB -Chemicals for WTP & WWTP, Page 24 of 25, 4/18/2017 ~ 'N ! E~II~~T- Iii' r 4. c ! . ~n~~r ~~i~~ .6 ~ ~ r ~ ~ ~ ~~r~~~ Bpi ~~~n~~ ~r ~~~1 ~ ~r~~ ~~i~ib~ ii! ~ ~~~~~Lt~~~ ~~f~~ri~ ~I~r~~ ~~a~[al~ ,,;e t I I ~':~9 Lr ~~;LR~~~~~~r~~ ul ~~`..'.t~~~~ •a`~,47 Lot' ~l t~~x~d ~fiy~~~~i ~rr~~~,ar~~ ~f ~E~~~~ L~~ .YM L' J 1 e~.~l~f~~t.'~VV. Ft~ ~i ~ a,~~~ ufl~~~ ~ ~ ~~~sl~ qtr ~4~ rc~r~• ~ f tirf~~~ ~~RI~~ ~r ~e~ l~~i rL~f ~ ~ s~`~ #~~o F~~~ ~C~, f~~~ i~ ~ ~ri~ ~~~~V~i~r~ ~~r~~~~~~ ~~i~ ~r i~yii' ~i ~y'•~9,19~~ ~'y wry, r~ J ~p "dl. L,a 41 s4°~t ~~i, rll'~~li°~'~ Y~i f fS~.' irk ,~~H4 ~i ILTt F IJ 1 ,t ! l ~ dat ~mtsr {y. R ~yl~~t ~ p ~ ~ ery n -a~~! ~7.~+ ~ry~+ ii.~g~~yg,py. } ~t ~.j +1'~@~ ~~~~iE(L6t'.~~ .~~Ig~i:~~'~'ll'titL°~'+ S:lI_'^~Sre`i ~ ~ ~-~~~~Ll~~s~~. SCI t9i~~i~~ t.11~r ~'16'j~ lryJ~i11.11~e.~716~~~s~.yl, ~r~?,,4~ 4 CC ~ o , r. T`~L~'~~~?S IT,~, ~ ~~s~ "€~~t~1~9~~ ..j; .~~~.~,',t~l"~"~ ` s~°! ~~~:'0 r°' ~ ii~~:~r"?~~. F~ ITB -Chemicals for WTP & WWTP, Page 25 of 25, 4/18/2017 x - ~ I April 19, 2017 To Whom It May Concern: Subject: .ADDENDUII~ #1 Invitation to Bid Chemicals for water ~ wastewater Treatment Plants Please review, sign, and include the following addendum with the City's Invitation to Bid for Chemicals for Water and Wastewater Treatment Plants, Ifyou have any questions and/or need additional information, please call (541)48$-5354. Thank you. Respectfully, d°, t.~-' Sri`®lson Purchasing Representative ITB -Chemicals for WTP c~ WWTP Addendum #l, Page 1 of 2 ~s; 1c)o°~>"ost-Cansum~~rContent IN'VITATI4N TD BID CHEMICALS F® WATER ~ wASTEwATER TREATMENT PLANTS ADDENDUM #I Request for additional information: We received a request for the "last bicl tabulation". The previous bid tab for chemicals is included with this addendum. Please review, sign, and return this addendum with the ITB documents. I acknowledge receipt of ADDENDUM #1. Signed by: ~ ~ May 16, 2017 ~ Printed name: Cram .hatcher Title; President Firm: Thatcher company of California, Inc, ITB -Chemicals for WTP & VdWTP Addendum #l, Page 2 of 2 T~ .a April 24, 2017 To ~Uhom it May Concern: Subject: ADDENDUM #2 invitation to Bid Chemicals for ~Yater & V~astewater Treatment Plants Please review, sign, and include the following addendum with the City's invitation to Bid for Chemicals far Water and Wastewater Treatment Plants. lease call 541 488-5354, rf you have any questions and{or need additional information, p ( ) Thank you. . Respectfully, . ~ , ~r .Kari Olson Purchasing Representative ITB -Chemicals for WTP & WWTP Addendum #2, Page 1 of 2 r`~.~ 100'ii Post-Cnnsumer Content E. b it a INCITATION TO BID CHEMICALS FQR WATER & WASTEWATER TREATMENT PLANTS r a 4 r. ADDENDUM #2 r The purpose of this addendum is to provide additional infol~nation and answers to questions that have been received in response to this ITB. G P f. a Question: Does Ashland use Calcium Nitrate of Sodium Chla~~ite? a Answer; Neither of these chemicals are being used at the WTP or Vi~'~1TP. u r 4 x h Y 4 ti k~ 4 Please review, sign, and return this addendum with the ITB documents. r. L I acknowledge receipt of ADDENDUM #2. Si ned b : - ~ Ma 1~ 2017 i;: Printed name: Crai .Thatcher Title: President ~ 4 Firm: Thatcher Company of California, Inc. r I r,~ n ~i i a i a A ~ ii I~ ~ J ITB -Chemicals for ~1TP & WWTP Addendum #2, Page 2 of 2 ~r ~ ~ p April 27, 2017 To ~Uhom It May Concern: Subject: ADDENDUM #3 Invitation to Bid Chemicals for'Water & Wastewater Treatment Plants Please review, sign, and include the following addendum with the City's Invitation to Bid for Chemicals for Water and V+lastewater Treatment Plants. If you have any questions and/or need additional information, please call (541) 488-5354. Thank you. Respectfully, << . a'fI Kari Olson Pl~rchasing Representative ITB - Chemicals for'~NTP & WWTP ~ Addendum #3, Page I of 2 e t004o Post-Consamer Content , INVITATION TO BID F CHEMICALS FOR WATER ~ WASTEWATER TREATMENT PLANTS r f t ADDENDUM #3 i The purpose of this addendum is to provide additional information andlor con•ectiQns and/ar answers to questions that have been received in response to this ITB, uestion: On page 14, the regzrirement of a "technical report analysis" is to be submitted with the bid, is f' this required and if so what exactly is needed? Answer/ F. Correction; This verbiage was included in error. Please disregard request for "technical report analysis" for the Chemical #5, Sodium Carbonate, a uestion; Areyozi requesting 120 bags, pallets nr 160 bags, pallets of Chemical #5, Sodiuzn Carbonate Peroxyhydrate? e Answer! ~ t s Correction: Currently, an order is placed for 120 bags, {3}pallets, 40 bags per pallet, (NOT 4 pallets). E S k uestion: In regards to #9 on page 14 of the ITB; What was the actual z{sage and order history for Chemical #5, Sodium Carbonate Peroxyhydrate for the prevzozrs two yeaf s? F r. r r Answer: 2015 - 20,37 Lbs. w 2416 - 6,QOa Lbs, 4 Atypical treatment requires 6,000 Lbs. Over-night delivery is not expected for this chemical. Expected delivery time;l0 Business Days r Additional information: S~Safety Data Sheets} On page 9, the City is requesting the most current MSDS sheets be delivered with each order. As of July 1, 2015; SDS (Safety Data Sheets} have been required, SDS (Safety Data Sheets), not MSDS, are required to be delivered with each order. ~ _ k Please review, sign, and return this addendum with the ITB documents. I acknowledge receipt of ADDENDUM #3, f. Si ned b : ~ f , ate: Ma 16 2017 g ~ v f Printed name; Craig N, hatcher F` Title: President i Firm: Thatcher Company of e California, Inc. { ITB -Chemicals for VVTP & W~TP Addendum #3, Page 2 of Z G May 1, 2017 To Whom It May Concern; Subject; ADDENDUM #4 Ynvitation to Bid Chemicals far Water & wastewater Treatment Plants Please review, sign, and include the following addendum with the City's Invitation to Bid for Chemicals for Water and'V~astewater Treatment Plants. If you have any questions andlor need additional information, please call. (541} 488-5354. Thank you, Respectfully, ~ ~a ~ I~.ari Olson Purchasing Representative 1TB -Chemicals for WTP & WWTP Addendum #4, Page 1 of 2 a'o i00i;+. Post-Consumer Content r f INVITATION TO BID CHEMICALS FOR WATER WASTEWATER TRE~.TMENT PLANTS I~: ADDENDUM #4 ~ F ~i The purpose of this addendum is to provide additional informationand/or corrections and/or answers to questions that have been received in response to this ITB• uestion; I was reviewing the recent request for hid and saw the addendtrrn that looks like it was for 201 S. 1 was wondering if yoir co~rld forward the ~ddend~rn for 2016 that indicates. the pricing for the various products sold to you, Answer; The revious ITB was rocessed in 2015 for he nex bien i m t Th bid tab p p t t n u budge . e released with Addendum #1 includes the pricing for FY 16 {July 1, 201 b to June 30, 2017} and FY 17 {July 1, 201b to June 30, 2017). uestion; YYould you happen to have a contact in the water department that actually specified the - itemsthat are on the bid, I am asking because 1 would like the opportunity to introduce sot~~e newer products that may he mare cost effective and/or have improved performance ~ c for the city. V F Answer: While we are facilitating a formal solicitation,. it would not be appropriate to engage in - conversationsabout the chemicals included in the Invitation to Bid. F. Ifyou have questions pertaining to the ITB, you are welcome to submit your questions to the sale point of contact for the solicitation, A written addendum including the. questions and answers will be prepared and posted on the City's web~site to ensure each bidder receives the same information in the same manner, k Ifyou have product information you would like to share with the WTP or WWTP, you ` are encouraged and welcome to share the information with plant personnel an ime other than when a solicitation process for the chemicals is bein facilitated. Plant supervisors ~ s will consider and test products that are appropriate for the intended applications to ensure the chemicals satisfy the strict standards and mandatory testing required of each plant. F E Please review, sign, and return this addendum wi#h the ITB dncuments. I acknowledge receipt of ADDENDUM #4. k Signed by: Date: May 16, 2017 G~ Printed name: Crai .Thatcher - Title: President Firm: Thatcher Company of California, Inc. 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V~vcvrvrrr. •np.wx::.rc..w!'.+.v~viv i•'... f~-.wT..e.. wxc}'m~ ~n m..r ~ rr x~ THATCHER COMPANY OF CALIFORNIA, INC. ' ~ Phone (916} 389-2517 8625 Unsworth Avenue, Sacramento, CA 95828 ' ~ Fax (916) 389-2516 CNENI ~ ~ The undersigned, being the President of Thatcher Company of California, Inc., a California corporation, does hereby certify that at a meeting of the Board of Directors of said corporation held on May 16, 2017, at which a quorum was present, the Board of Directors adopted the following resolution, which has not been modified or rescinded: RESOLVED, that the President is hereby appointed, constituted and designated as agent and attorne -in-fact of the Corporation with full power and authority to act on behalf of the Y Corporation including, but not limited to, the negotiation and execution of all contracts, bids, purchase orders, permit applications and agreements. ~ f ~ / ~ . 1 Craig N. atcher, President Date: y 16, 2017 THATCHER COMPANY P . o . sox 2 7 ~ 07 SALT LAxE CITY, uTAx $ 412 7 (801} 972-4587 FHONE (801} 972-8693 FAX cM~~ PRODUCT SPECIFICATION SODA ASH, DENSE 0 CAS NUMBER: 497-19-8 CHEMICAL FORMULA: Na2C03 MOLECULAR Ul1EIGHT: 105.99 PRODUCT DESCRIPTION: White, granular solid with no appreciable odor. SPECIFICATIONS: Assay 99.5 min. Bulk Density (Ib/ft3): 62.4-68.6 Bulk Density (CPL): 1000-1100 Screen Analysis On US 30 (600 mm): 4 max. Through US 100 (150 mr~): 85 min. Through US 200 (75 ppm): 2 max. NaCI 0.02 max. Si02 0.02 max. Organic Matter as C}: 0.02 max. UVARRANTY This information is, to the best of our knowledge, accurate, but may not be complete. Thatcher Company furnishes this information in good faith, but without warranty, representatiop or guarantee of its accuracy, completeness or reliability. 811512011 tINI INE CERTIFICLITIdW~ DIRECTORY Horne c~k~~c~; Guide Cof}tact Us tl~ ,co€~~ ~d~H.~H17O0~ ~r~nk~~g'~'ater Treat~~e~~ ~he~t[~~~s Pale Batton ~r~trklra~ ~I~t~er Trgatm~~a~ Ghem~ca'~ See Genera! Infarmation for Crini:in~~s~ater Traatnent Chemicals TFiATGIiER GROUP.,, IhiC. h+fHI~0O3 I9O5 FORTt1~lE RCS PCl B~~C ~~~0~ SALT L~~E CiT'v'~ UT BSI?7-4~O~ tJS~ N;~F~ir~O'~~SI 60~ F+lant at: Thatcher CamEan~, Inc,, Saik Lake Cir~r, JT ~t37fi ~5~ L81a'@' Trade Usg Category ~rng~l.) Ferric: Sulfate, IO - I3°'o Iron Coagulatian and Flocculakion SOO Ferrous Sulfate Solution Coagulation and Flocculation T-Floc I~aQ Coagulation and Flocculation 50 T -Floc I~I7 Coagulatian and Flocculation IOO T-Floc I=~Ig Coagulation and Flocculation 58 T-Flac I~?0 Coagulatian and Flvcc:ulakivn ?S T-Flan ~?0~ Coagulatian and Flocculation DSO T-Floc 8-~~ Coagulation and Flocculation I5~ fi~,. Coa ulation and Flocculation Ix8 T -Floc BSI ~Ij g T-Floc iFD-ISIS] Coagulation and Flocculation f~0 Foi~y P'has~hake Orkha Phasehate Blends - Ti-XX~~-~:~" Gvrrosion and Scale Cantrol ~6 ,~lurr~~ :acidified ~~'~I] Flocculation ISO :~luminu~a Sulfate ~~':~I] Flocculation f58 Ferric Ch►oride Flacculatiorc BOO Sadiur~ ~;lurrninake ~~KI] Flocculation ~O T-Cl7ern I~;~id~ Flocculation ?50 T-Floc I9©6 Flocculation I T-Floc i3Q7 Flocculation ~ T-Flat 18fO Flocculation I T-Flar_ I3~I Flvxculatian I T-Floc 13b2 Fla=:culation I T-Flat f;88? F{acculatian I T-Flat I3C8 Flocculation 3 T-Floc I~3~ Flacfulatic,n 2O -'{C J~ 'IGCCUictiUn - cIGC FIGGCJi~: C1Gn _c{C':.~~~, '(GCC'JictlCn . --=1G1 ~`l~LL"IJlctlCn '-~Ic~c ;S~G =lGr_c~ll~`icn ~ '-=lc; .~~i =fccc~.il~ticn 1 --=iGC '~l~G ; ic~:Ctlaticn i '-Pict _~z ~Icccui~ticn f --,,=1v: =iGCCUictlC'n ? '-=ice ~SaE ~Ivtic'Jl~ticn =1c: ~6a~ -Ic;c'Jkticn 1 _-=1ac :FCC-?5_ ~icrC,ai~ti:n =~L =~..i': ~ul~a:e Cc~cul~tic~~ rIG:CUI~~icn 3a:= "-:'c'Jet~ --~lCr _ ~GeCIJ(criC "j ~1G t'iC':GUlcIIGn ~ 'I"]CUC` -riCC _'.-~1-I_ ',~CcUi;:':IC l c'~t~ 'iC':C'.llrc:IC'n -~G I f t, IJ C±5 --=icc ~~3: `~~I~ Cc~cultr_ic-, gin:' =icrcu{~*.icn c uct~ icc C-_~U +~tt~ula`_i;-~ one ~IGr~uittiC~n i~ :r-G c uct -=iGC : =G-:.:._ ~c uiatic t =1c ~:c+Ji~ticn = f"?C UC~e -~Icc .-C--~_1 ~cC~u1C:l:.~, r°~r -(c:c~Ji[`:IOn _.5 ~''O C U:15 ..~:.~'•JN uC_.CGIC'~ ~r~C ~CSiE ~C"it?'c) t~.~ - -_~_,F CGr-c~icn gin: ~c~l~ I:anfi-cl ':__c,g Cc;~-tsic,n ~r~c kale ~cnt-]I ':-`3~,' ~c--csitn end ~~le ~c~ntrGi ~ - `c ,.,,.;sic-~ Lr.: ~c;:le Cv~trt•I 4 -._`G ~r~ CC r''G~IC ar,C ~CciE l:C''1trGi 4 -i.~,~ uGr-csi. i tr,_ ~c~fr ~c°~trcl 5 -,_J-_(. ,Or'CSI_''~ rrl~ `Gcir .~C'ItrG{ jb ~Gr-C51G"~ enC ~:c{~ ~Glt-Gi =~5 sir,.: ~ ~:`vc7csp(;aLe ~~'Zn. Cc~~"c~~icn ~n~ 5caie ~cntrcl ~0 Citric acid Solution ~~~OL] C+iern~irane Cleaner (~d+';~ Citric acid solution pH Adjustment 2~0 Soda ash pH;~d)ustrnent ~6Q ~~adiurn H~~drnxide 1~eiQ pH ~djustrrrent 2~8 Sodium Hydroxide ~0°~o pH Adjustment ~~4 Sodium H~+droxide ~5°i° pH adjustment ?OO Sodium Hydroxide ~0°r`° pH Adjustment Ib7 Sodium H~draxide 33ao pH adjustment X52 Sodium H~~draxide ~0°~~; pH adjustment j Ut? ammonium, Suffater ~0°~~ Di~infectian and Oxidation ~?,5 Hydrogen Peroxide li°,o-~0°;~ Disinfection and Oxidation Hydrogen Peroxide ~~°'4-3C~°d Disinfection and Oxidation 3.~ Hydragen Peroxide 3~°,'°-~g~° Disinfection and Oxidation 2.5 Hydrogen Peroxide ~z°r'a Disinfection and Oxidation 3.0 Hydragen Peroxide ~~.°~a-~95'° Disinfection and Oxidation ~'.1 Hydrogan Peroxide ~0°~o Disinfection and Oxidation 2.~ anhy~~draus ammonia Disinfection and O~;idation ~ aqua ammonia ~9°~° Disinfection and Oxidation a~ aqua ammonia ~Sa.Q Disinfection and Oxidation 4r7 aqua ammani~ 2Ba~ Disinfectir~n and Oxidation 35 Chlorine Disinfection and Oxidation 3Q odium Hypochlorite ¢ ~"HPH] Disinfection and Oxrdation 3~ Sodium faisulfrte Chlorine Remo~tial,, P~li3co ~8 Hvdr-ofluosilicic acid Fluoridation ~.C ~~~al] -The finished drinking ~,y.ater shall be rnanitored to verify that the fe~rel of ahui~inum does not exceed ? rryg,~f.,, ~~j'cu] -This chernica(contains copper and can. increase the amounk of copper ire the finished drinking ti+{ater. TFrs ~rnished drinking ~~~~ater shall he monitored to ~~erify' that ievels of cvppe~- do not exceed ~.3 mgfE., ~~``HPH] - f~efer to :•'4'~~~t~ia 8?,1~~Jr "H~ypochforites" for recommend°d storage and handling Practices ~~~NYn] -The finished drinking ~;uater shaft (ae rnnnitored to ensure that lev~e(s of manganese do not exceed g.0~ rng:°L. ~~{OL] -These products ar-e d?signed to fre used af<-fine and flushed out prior to using the 1'~+~rtetn far drin~:ing ~r~~ater~ foflcr~~~ins~ the manufackurer's use inskructians. The pFt or other ~+rater chemistr}+ of the influent and effluent ~;;fater should be n~anitored to ensure thak all traces of the product ha~~~e teen remo~~ed I~efare placing into er;~ite. ~'~f:'O4] - Equi~~alent to ~U nag P~?~':°'L~ on a dr~~~ basis. This maximum use le~~el is based on potential ticcriogical effects of phosphates at fet~els exceeding ~p rng PO~;~L, =~Tn] -The finished drinking Ravaker shall lie monitored to ~~erify that the le~ael of zinc does not er,ceed ~ mq.?L.. 't_dst tJadaked on 2.u~~-~2-~0 PRODUCT ETIFIC~TI~N The American iVational Standards Institute hareby affirms that 333 Pfingsten Road, Northbrook, IL 60062, USA ACCREDITATION ID# 0198 meets the ANSI accreditation program requirements and those set forth in ISOlIEC 17065:2012 Conformity assessment -Requirements for bodies certifying products, processes and service LIST OF CERTIFICATION SCHEME(S) US Safety Scheme Food Equpmen# San~ation Scheme Water Systems Scheme Accredited ElevatorlEscalator Certilicatian Organization {AECO}: Elevator systems, sugsystems, components, and functions for issuance of Certificates of Conformance and Marks in according to ASME A17,71CSA B44,7 LIST OF STANDARDS NS>:IANSI 60 : Drinking Water Treatment Chemicals -Health Effects NSFlANSI 61: Drinking Water System Components -Health Effects NSFIANSI 372 ;Drinking Water System Components -Lead Content far programs within the folbwing {Please see the following pages} 1 ANSI VICE PRESIdEM; ACCREDITATION $ERU{CES 207-~2-a~ VALID THROUGH W~ 1 C ID; DUA(~DPO SAFETY DATA SHEET 1. Identification Product identifier Soda Ash-Dense Other means of identification Product Number 1902202 Recommended use Not available. Recommended restrictions None known. Manufacturerllmporter/SupplierlDistributorinformotion Manufacturer Company name Thatcher Company, Inc. Address 1905 Fortune Road Salt Lake City, UT 84104 United States Telephone General Assistance 8-5 (801) 972-4587 E-mail Not available. Emergency phone number Chemtrec (CCN 22106) (800) 424-9300 2. Hazard(s~ identification Physical hazards Not classified. Health hazards Serious eye damageleye irritation Category 2 Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements • Signal word Warning Hazard statement Causes serious eye irritation. Precautionary statement Prevention Wash thoroughly after handling. Wear eyelface protection. Response If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If eye irritation persists: Get medical advice/attention. Storage Not available. Disposal Not available. Hazard(s) not otherwise None known. classified (HNOC) Supplemental information None. 3. Compositionlinformation on ingredients Substances Chemical name Common name and synonyms CAS number Sodium Carbonate 497-19-8 100 Designates that a specific chemical identity andlor percentage of composition has been withheld as a trade secret, 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water, Get medical attention if irritation develops and persists. Material name: Soda Ash-Dense sos us 1902202 Version 01 Issue date:10-15-2015 ~ / ~ Eye contact Do not rub eyes. Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Get medical attention if irritation develops and persists. Ingestion Rinse mouth. Get medical attention if symptoms occur. Most important Severe eye irritation. Symptoms may include stinging, tearing, redness, swelling, and blurred symptomsleffects, acute and vision. Dusts may irritate the respiratory tract, skin and eyes. delayed Indication of immediate Provide general supportive measures and treat symptomatically. Keep victim under observation. medical attention and special Symptoms may be delayed. treatment needed General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specifiic hazards arising from Not applicable. the chemical Special protective equipment Wear suitable protective equipment. and precautions for firefighters Fire fighting Use water spray to coal unopened containers. equipmentlinstructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spilllleak. Wear protective equipment and appropriate protective equipment and clothing during clean-up. Use a NIOSH/MSHA approved emergency procedures respirator if there is a risk of exposure to dust/fume at levels exceeding the exposure limits. Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SDS. Methods and materials for Stop the flow of material, if this is without risk. Absorb in vermiculite, dry sand or earth and place containment and cleaning up into containers. Collect dust using a vacuum cleaner equipped with HEPA filter, Large Spills: Wet down with water and dike for later disposal. Shovel the material into waste container. Avoid the generation of dusts during clean-up. Following product recovery, flush area with water. Small Spills: Sweep up or vacuum up spillage and collect in suitable container for disposal. Wipe up with absorbent material (e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use. For waste disposal, see section 13 of the SDS. Environmental precautions Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Minimize dust generation and accumulation. Provide appropriate exhaust ventilation at places where dust is farmed. Avoid contact with eyes. Wear appropriate personal protective equipment. Observe good industrial hygiene practices. Conditions for safe storage, Store in original tightly closed container. Store in awell-ventilated place. Store away from including any incompatibilities incompatible materials (see Section 10 of the SDS). 8. Exposure controlslpersonal protection Occupational exposure limits No exposure limits noted far ingredient(s). Biological limit values No biological exposure limits noted for the ingredient(s). Material name: Soda Ash-Dense sus us 1902202 Version 01 Issue date: 10-15-2015 2 ~ 7 Appropriate engineering Good general ventilation (typically 10 air changes per hour) should be used. Ventilation rates controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. If material is ground, cut, or used in any operation which may generate dusts, use appropriate local exhaust ventilation to keep exposures below the recommended exposure limits. Provide eyewash station. Individual protection measures, such as personal protective equipment Eyelface protection Wear safety glasses with side shields (or goggles). Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear suitable protective clothing. Respiratory protection Use a NfOSHIMSHA approved respirator if there is a risk of exposure to dustlfume at levels exceeding the exposure limits. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9, Physical and chemical properties Appearance Physical state Solid. Forrn Powder. Color Nat available, Odor Not available. Odor threshold Not available. pH Not available. Melting pointlfreezing paint 1563.8 °F (851 °C) Initial boiling point and boiling Not available. range Flash point Not available. Evaporation rate Not available. Flammability (solid, gas) Not available. Upperllower flammability or explosive limits Flammability limit -lower Not available. Flammability limit -upper Not available. Explosive limit -lower Not available. Explosive limit -upper Not available. Vapor pressure < 0.0000001 kPa at 25 °C Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water} Not available. Partition coefficient Not available. (n-octanollwater) Auto-ignition temperature Not available. Decomposition temperature 752 °F (400 °C} ' Viscosity Not available. Other information Explosive properties Not explosive. Molecular formula Na2C03 Material name: Soda Ash-Dense sus us 1902202 Version 01 Issue date;10-15-2015 3 l 7 Molecular weight .105.99 g/mol Oxidizing properties Not oxidizing. 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport. Chemical stability Material is stable under normal conditions. Possibility of hazardous No dangerous reaction known under conditions of normal use. reactions Conditions to avoid Contact with incompatible materials. Incompatible materials None known. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation Dust may irritate respiratory system. Skin contact Dust or powder may irritate the skin. Eye contact Causes serious eye irritation. Ingestion Health injuries are not known or expected under normal use. Symptoms related to the Severe eye irritation. Dusts may irritate the respiratory tract, skin and eyes. Symptoms may physical, chemical and include stinging, tearing, redness, swelling, and blurred vision. toxicological characteristics Information on toxicological effects Acute toxicity Product Species Test Results Soda Ash-Dense (CAS 497-19-8) Acute Bnhalation LC50 Guinea pig 0.8 mgll, 2 Hours Mouse 1.2 mgll, 2 Hours Rat 2.3 mgll, 2 Hours Oral LD50 Rat 4090 mgJkg * Estimates for product maybe based on additional component data not shown. Skin corrosionlirritation Health injuries are not known or expected under normal use. Serious eye damageleye Causes serious eye irritation. irritation Respiratory or skin sensitization Respiratory sensitization Not a respiratory sensitizer. Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1 % are mutagenic or genotoxic. Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA. US. OSHA Specifically Regulated Subs#ances (29 CFR 1910.1001-1050) Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity - Not classified. single exposure Specific target organ toxicity - Not classified. repeated exposure Aspiration hazard Not an aspiration hazard. Material name: Soda Ash-Dense sos us 1902202 Version 01 Issue date:10-15-2015 4 l 7 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However, this does not exclude the possibility that large ar frequent spills can have a harmful or damaging effect on the environment. Product Species Test Results Sodium Carbonate (CAS 497-19-8) Aquatic Crustacea EC50 Water flea (Ceriodaphnia dubia) 156.6 - 298.9 mg/l, 48 hours Fish LC50 Bluegill (Lepomis macrochirus) 300 mgll, 96 hours * Estimates for product may be based on additional component data not shown. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of contents/container in accordance with locallregionallnational/international regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Waste from residues /unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is emptied. Empty containers should be taken to an approved waste handling site for recycling or disposal. 14. Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not applicable. Annex (I of MARPOL 73178 and the IBC Code 15. Regulatory information US federal regulations This product is a "Hazardous Chemical" as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) Not listed. SARA 304 Emergency release notification Not regulated. US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories immediate Hazard -Yes Delayed Hazard - No Fire Hazard - No Pressure Hazard - No Reactivity Hazard - No Material name: Soda Ash-Dense sus us 1902202 Version 01 Issue date:10-15-2015 5 / 7 SARA 302 Extremely hazardous substance Not listed. SARA 3111312 Hazardous Yes chemical SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US. California Controlled Substances. CA Department of Justice (California Health and Safety Code Section 11100) Not listed. US. Massachusetts RTK -Substance List Not regulated. US. New Jersey Worker and Community Right-to-Know Act Not regulated. US. Pennsylvania RTK -Hazardous Substances Not regulated. US. Pennsylvania Worker and Community Right-to-Know Law Not listed. US. Rhode Island RTK Not regulated. US. California Proposition 65 California Safe Drinking 1l11ater and Toxic Enforcement Act of 1986 (Proposition 65). This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. International Inventories Country(s) or region Inventoryy name On inventory (yeslno)* Australia Australian Inventory of Chemical Substances (AICS) Yes Canada Domestic Substances List (DSL) Yes Canada Non-Domestic Substances List (NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances (EINECS) Europe European List of Notified Chemical Substances (FLINGS) No Japan Inventory of Existing and New Chemical Substances (ENCS} Yes Korea Existing Chemicals List (ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16.Other information, including date of preparation or last revision issue date 10-15-2015 Version # 01 NFPA ratings Health; 2 Flammability: 0 Instability: 0 Material name: Soda Ash-Dense sus us 1902202 Version 01 Issue date:10-15-2015 6 ~ 7 fVFPA ratings 0 Disclaimer Thatcher Company cannot anticipate all conditions under which this information and its product, or the products of other manufacturers in combination with its product, may be used. It is the user's responsibility to ensure safe conditions for handling, storage and disposal of the product, and to assume liability for loss, injury, damage or expense due to improper use. The information in the sheet was written based on the best knowledge and experience currently available. Material name: Soda Ash-Dense sus us 1902202 Version 01 Issue date: 10-15-2015 717 THATCHER COMPANY OF CALIFORNIA, INC. 12020 Woodruff Avenue, Unit C Downey, CA 90241 (562) 803-0563 PHONE ct~~M (562) 903-8697 FAX PRODUCT SPECIFICATION Alum (Aluminum Sulfate Salut,~ ion) CAS NUMBER: 10043-01-3 CHEMICAL FORMULA; AI2(S04)s MOLECULAR WEIGHT: 342.14 PRODUCT DESCRIPTION: Colorless solution free of suspended solids CERTIFICATIONS: Certified by UL to meet ANSI 60 standard for Drinking Water Additives (UL ref.: MH 17003) Product meets AWWA B-403 Specifications SPECIFICATIONS: Clarity: Clear with no visible matter present Color: APHA 20 (max) Assay: 27.9% as AI2(S04)3 48.4% a~ AI2(S04)314H2O 8.3% as'AI203 Free Acidity (as H2SO4) 0.0% (max) Free Alkalinity (as AI203); 0.20% Specific Gravity (20C): 1.329-1.337 Iron (as Fe): 50 ppm (max} Arsenic (as As). Non Detect (<0.5 ppm) Total Heavy Metals (as Pb): 100 ppm (max) Total Halides (as CI): 500 ppm (max) CERTIFICATIONS: ~~~~'~i~ G f~ ALUMINUM SULFATE ANSIINSF 60 r~ 35Y2> '~A'fER Q~)ALITY MILL: 150 mglL WARRANTY This information is, to the best of our knowledge, accurate, but may not be complete. Thatcher Company furnishes this information in good faith, but without warranty, representatiop or guarantee of its accuracy, completeness or reliability. 2!212015 I' ~ ..~_6LLII~i~EE..~.T1F'IGdtTi(~~~ ~~~~+~Tt~RY N~r~~e ~~iei~ GR.~ide ~:~or~tac_t ~3~ UL,eorr~ Fi~~H.MH1~~~3 C~rinilting Water Trea~n~~e~t Chen~icat~ Pa r Bottom Drinking Water Tre~atn~ent Chen~irai~ gee Grnerai inf~~rn-aation for Drinf;ino 4~Jater ~'reatrnent C,l~ernicals Tf-1}4TCHE~ GRtIUP, Ii'~G. iy1H#7803 X903 FGftTkli~#E Ra PG BCi~ 2747 S~Li" LAKE CI7Y, 1,1T 8,~~.27-007 4.►~~ f1lSF f ANSI 6~D Pfant ak: Thatcher Cornpan~ of California, Inc,, ~acran,,ento, C~ Max Use Trade ~Dsg Ca#e~or~r Level {mt~/Li Polk Phosphate C7rtt-Eo Pha~p~hate Blends - TI-;{~~~;-~" ~~PC1~1 Corro3ion and, acale Control 2.6 ~furn, ~cidrfled ~ ~'i'~i] F{o~:culat~on ~~0 .~iuminum sulfate ~:#~~1~ Flocculation .~50 Ferric Chlaride Flocculation 250 podium N~dro:~ide #S°ra PN ~dju~trnent 27B Godium N~dro:~ide 20~ti ~ pH ~djustme~nt 2:50 ~odiurr~ If~~droxide 23°r'4 pN ~djustrnent 200 Godiurn H~~dro:~ide 30~a PN ~djustrraent ~C7 podium H~1~dro~ide 33~~a pki adjustment X52 podium Ff~,+droxide 50°~t~ pH ,~d~u~tment X00 tl~drofluosilicic acid Fluoridation E.0 R~D~JCT CERTIHICA~'I~N The American National Standards Ins#itute hereby affirms that 333 Pfingsten Road, Northbrook, IL 60062, USA ACCREDITATION ID# 0198 meets the ANSI. accreditation program. requirements and those set forth in ISDIIEC 17065:2012 Conformity assessment Requirements for bodies cerfifyin~ products, processes and service LIST OF CERTIFICATION SCHEMES) US Safety Scheme Food Equipment Sankation Scheme Water Systems Scheme Accredited ElevatorlEscalator Certilicaaon Urganization ~AECO}: Elevator systems, subsystems, components, and #unc~ons for issuance of Certil~cates of Can#ormance and Marks in according to ASME A17.71CSA B44.7 LIST OF STANDARDS NSFIANSI 60 : Drinking Water Treatment Chemicals -Health Effects NSFIANSI 61: Drinking Water System Components - Heald Effects NSFIANSI 3l2 : Drinking Water System Components -Lead Content - for programs whin the following (Please see the following pages ANSI ttICE PRESIDENT, ACCREDITATION $ER4,'ICES 2017-12-01 vAll~ THROU~N A~fSI Perogt~tn DUST CEp11~lT1D~1 Pr~~c!ul ( ~ c4j 5+'1,1ti(c ~y ID, DUACFDPO SAFETY DATA SHEET 1. Identification Product identifier Aluminum Sulfate-Liquid {8.2-8.3% as AL203) Other means of identification Synonyms Aluminium Sulfate Liquid (8.2-8.3% as AI2O3) * Aluminum Sulfate Liquid (27.5-28.9% as AI2SO4) * Aluminum Sulfate Liquid (47.8-48.4% as AI2SO4-14H2O) Recommended use Not available. Recommended restrictions None known. ManufacturerllmporterlSupplierlDistributorinformation Manufacturer Company name Thatcher Company of California, Inc. Address 8625 Unsworth Avenue Sacramento, CA 95828 United States Telephone (916) 389-2520 E-mail inquiries@tchem.com Emergency phone number 800 (424)-9300 2. Hazard(s~ identification Physical hazards Not classified. Health hazards Acute toxicity, oral Category 4 Skin corrosion/irritation Category 2 Serious eye damage/eye irritation Category 1 Specific target organ toxicity, single exposure Category 3 respiratory tract irritation Environmental hazards Hazardous to the aquatic environment, acute Category 2 hazard OSHA defined hazards Not classified. Label elements ~ Signal word Danger Hazard statement Harmful if swallowed. Causes skin irritation. Causes serious eye damage. May cause respiratory irritation. Toxic to aquatic life. Precautionary statement Prevention Avoid breathing mist or vapor. Wash thoroughly after handling. po not eat, drink or smoke when using this product. Use only outdoors or in swell-ventilated area. Avoid release to the environment. Wear protective gloves. Wear eyelface protection. Response If swallowed: Call a poison centerldoctor if you feel unwell. If on skin: Wash with plenty of water. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes; Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a poison centerldoctor. Rinse mouth. If skin irritation occurs: Get medical advicelattention, Take off contaminated clpthing and wash before reuse. Storage Store in swell-ventilated place. Keep container tightly closed. Store locked up. Disposal Dispose of contentslcontainer in accordance with locallregionallnational/international regulations. Hazards}not otherwise None known. classified {HNOC~ Supplemental information 72.5% of the mixture consists of component(s) of unknown acute oral toxicity. 72.5% of the mixture consists of component(s) of unknown acute hazards to the aquatic environment. Material name: Aluminum Sulfate-Liquid (8.2-8.3% as AL203) sos us 0100850 Version 06 Revision date: 03-31-2017 Issue date:l0-20-2015 118 3. C®mp®siti®nlinf®rmati®n ® ingredients Mixtures Chemical name Common name and synonyms CAS number Aluminum Sulfate 10043-01-3 20 - < 30 Other components below reportable levels 70 - < 80 *Designates that a specific chemical identity andlor percentage of composition has been withheld as a trade secret. 4. First®aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctorlphysician ifyou feel unwell. Skin contact Remove contaminated clothing. Wash with plenty of soap and water. If skin irritation occurs: Get medical advicelattention. Wash contaminated clothing before reuse. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Get medical attention immediately. Ingestion Rinse mouth. if vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Get medical advicelattention ifyou feel unwell. Most important Severe eye irritation. Symptoms may include stinging, tearing, redness, swelling, and blurred symptomsleffects, acute and vision. Permanent eye damage including blindness could result. May cause respiratory irritation. delayed Skin irritation. May cause redness and pain. Indication of immediate Provide general supportive measures and treat symptomatically. Keep victim warm. Keep victim medical attention and special under observation. Symptoms may be delayed. treatment needed General information If you feel unwell, seek medical advice (show the label where possible). Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. Show this safety data sheet to the doctor in attendance. 5. Fire®fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2}. Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specific hazards arising from Not applicable. the chemical Special protective equipment Wear suitable protective equipment. and precautions for firefighters Fire fighting Move containers from fire area ifyou can do so without risk. equipmentlinstructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear protective equipment and appropriate protective equipment and clothing during clean-up. Avoid breathing mist or vapor. Do emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SDS. Methods and materials for Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is containment and cleaning up possible. Cover with plastic sheet to prevent spreading. Absorb in vermiculite, dry sand or earth and place into containers. Prevent product from entering drains. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g. cloth, fleece}. Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use. For waste disposal, see section 13 of the SDS. Environmental precautions Avoid release to the environment. Prevent further leakage or spillage if safe to do so. Avoid discharge into drains, water courses or onto the ground. Inform appropriate managerial or supervisory personnel of all environmental releases. Material name: Aluminum Sulfate-Liquid (8.2-8.3% as AI.203) sos us 0100850 Version 06 Revision date: 03-31-2017 Issue date:10-20-2015 2 18 7. Handling and storage Precautions for safe handling Provide adequate ventilation. Do not get this material in contact with eyes. Avoid breathing mist or vapor. Avoid contact with eyes, skin, and clothing. Avoid prolonged exposure. Do not taste or swallow. When using, do not eat, drink or smoke. Wear appropriate personal protective equipment. Wash hands thoroughly after handling. Avoid release to the environment. Observe good industrial hygiene practices. Conditions for safe storage, Store locked up. Store in original tightly closed container. Stare away from incompatible materials including any incompatibilities (see Section 10 of the SDS). 8. Exposure controlslpersonal protection Occupational exposure limits US. ACGIH Threshold Limit Values Material Type Value Form Aluminium sulfate TWA 1 mg/m3 Respirable fraction. Components Type Value Form Aluminum Sulfate (CAS TWA 1 mg/m3 Respirable fraction. 10043-01-3) US. NIOSH: Pocket Guide to Chemical Hazards Material Type Value Aluminium sulfate TWA 2 mglm3 Components Type Value Aluminum Sulfate (CAS TWA 2 mglm3 10043-01-3) Biological limit values No biological exposure limits noted for the ingredient(s), Appropriate engineering Good general ventilation (typically 10 air changes per hour) should be used. Ventilation rates controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment Eyelface protection Wear safety glasses with side shields (or goggles) and a face shield. Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear appropriate chemical resistant clothing. Use of an impervious apron is recommended. Respiratory protection Incase of insufficient ventilation, wear suitable respiratory equipment. Chemical respirator with organic vapor cartridge, Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Keep away from food and drink, Always observe good personal hygiene measures, such as considerations washing after handling the material and before eating, drinking, andlor smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Liquid. Physical state Liquid. Form Liquid. Color Colorless to light yellow. Odor None. Odor threshold Not available. pH 2.2 Melting pointlfreezing point Not available. Initial boiling point and boiling Not available. range Flash point Not available. Material name: Aluminum Sulfate-Liquid (8.2-8,3% as AL203) sus us 0100850 Version 06 Revision date: 03-31-2017 Issue date: 10-20-2015 3 ~ 8 Evaporation rate Not available. Flammability (solid, gas) Not applicable. Upperllower flammability or explosive limits Flammability limit-lower Not available. Flammability limit -upper Not available. Explosive limit -lower Not available. Explosive limit -upper Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Infinite Partition coefficient Not available. (n-octanollwater) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 11.09 Iblgal estimated Explosive properties Not explosive. Flammability non-flammable Oxidizing properties Not oxidizing. 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization does not occur. reactions Conditions to avoid Contact~with incompatible materials. Incompatible materials None known. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful. Skin contact Causes skin irritation. Eye contact Causes serious eye damage. Ingestion Harmful if swallowed. Symptoms related to the Severe eye irritation. Symptoms may include stinging, tearing, redness, swelling, and blurred physical, chemical and vision. Permanent eye damage including blindness could result. May cause respiratory irritation, toxicological characteristics Skin irritation. May cause redness and pain. Information on toxicological effects Acute toxicity In high concentrations, vapors are anesthetic and may cause headache, fatigue, dizziness and central nervous system effects. Harmful if swallowed. May cause respiratory irritation. Product Species Test Results Aluminium sulfate Acute Oral LD50 Guinea pig 490 mg/kg Mouse > 730 mg/kg Material name: Aluminum Sulfate-Liquid (8.2-8.3% as AL203) sus us 0100850 Version 06 Revision date: 03-31-2017 Issue date: 10-20-2015 4 / 8 Product Species Test Results Rat 1930 mglkg Components Species Test Results Aluminum Sulfate (CAS 10043-01-3) Acute Oral LD50 Guinea pig 490 mglkg Mouse > 730 mglkg Rat 1930 mglkg * Estimates for product may be based on additional component data not shown. Skin corrosionlirritation Causes skin irritation. Serious eye damageleye Causes serious eye damage, irritation Respiratory or skin sensitization Respiratory sensitization Nat a respiratory sensitizer. Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0,1 % are mutagenic or genotoxic. Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA. US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050 Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity - May cause respiratory irritation. single exposure Specific target organ toxicity - Not classified. repeated exposure Aspiration hazard Not an aspiration hazard. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity Toxic to aquatic life, Components Species Test Results Aluminum Sulfate (CAS 10043-01-3) Aquatic Crustacea EC50 Amphipod (Crangonyx pseudagracilis) 11.8 -14 mgll, 48 hours Fish LC50 Fathead minnow (Pimephales promelas) 3,4 - 5.6 mgll, 96 hours * Estimates for product may be based on additional component data not shown. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component, 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Do not allow this material to drain into sewerslwater supplies. Do not contaminate ponds, waterways or ditches with chemical or used container. Dispose of contentslcontainer inaccordance with locallregionallnationallinternational regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste disposal company, Material name: Aluminum Sulfate-Liquid (8,2-8.3% as AL203) sas us 0100850 Version 06 Revision date: 03-31-2017 Issue date;l0-20-2015 5 18 (Haste from residues 1 unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is emptied. Empty containers should be taken to an approved waste handling site for recycling or disposal. ~4, Transport information DOT UN number UN3264 UN proper shipping name Corrosive liquid, acidic, inorganic, n.o.s. (ALUMINIUM SULFATE SOLUTION) Transport hazard class(es) Class 8 Subsidiary risk - Label(s) 8 Packing group III Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Special provisions IB3, T7, TP1, TP28 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 DOT BULK BULK UN number UN3264 UN proper shipping name Corrosive liquid, acidic, inorganic, n.o.s. (ALUMINIUM SULFATE SOLUTION) Transport hazard class(es) Class 8 Label(s) 8 Packing group III Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Special provisions IB3, T7, TP1, TP28 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 IATA UN number UN3264 UN proper shipping name Corrosive liquid, acidic, inorganic, n.o.s. Transport hazard class(es) Class 8 Subsidiary risk - Packinggroup III Environmental hazards No. ERG Code 8L Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Other information Passenger and cargo Allowed. aircraft Cargo aircraft only Allowed. IMDG UN number UN3264 UN proper shipping name CORR{~SIVE LIQUID, ACIDIC, INORGANIC, N.O.S. Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards Marine pollutant No. EmS F-A, S-~ Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Material name: Aluminum Sulfate-Liquid (8.2-8.3% as AL203) sos us 0100850 Version 06 Revision date: 03-31-2017 Issue date: 10-20-2015 6 / 8 Transport in bulk according to Not established. Annex II of MARPOL 73178 and the IBC Code DOT; DOT Bulk packaging type r~ f"1 IATA; IMDG tal~ ~~a11 ~r~ 15. Regulatory information US federal regulations All components are on the U.S. EPA TSCA Inventory List. This product is a "Hazardous Chemical" as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) Aluminum Sulfate (CAS 10043-01-3) Listed. SARA 304 Emergency release notification Not regulated. US. OSHA Specifically Regulated Substances (29 CFR 1910.1001.1050) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard -Yes Delayed Hazard - No Fire Hazard - No Pressure Hazard - No Reactivity Hazard - No SARA 302 Extremely hazardous substance Not listed. SARA 311!312 Hazardous Na chemical SARA 313 (TRI reporting) Nat regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Clean Water Act (CWA) Hazardous substance Section 112(r) (40 CFR 68.130) Material name: Aluminum Sulfate-Liquid (8.2-8.3% as AL203) sus us 0100850 Version 06 Revision date; 03-31-2017 Issue date:10-20-2015 ~ ~ 8 Safe Drinking Water Act Not regulated. (SDWA) US state regulations US -New Jersey RTK -Substances: Listed substance Aluminum Sulfate (CAS 10043-01-3) US. California Controlled Substances. CA Department of Justice (California Healfih and Safety Code Section 11100) Not listed. US. Massachusetts RTK -Substance ,List Aluminum Sulfate (CAS 10043-01-3) US. New Jersey Worker and Community Right-to-Know Act Not regulated. US. Pennsylvania RTK -Hazardous Substances Aluminum Sulfate (CAS 10043-01-3) US. Pennsylvania Worker and Community Right-to-Know Law Aluminum Sulfate (CAS 10043-01-3) US. Rhode Island RTK Aluminum Sulfate (CAS 10043-01-~) US. California Proposition 65 California Safe Drinking Water and,Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. International Inventories Country(s) or region Inventory name On inventory (yeslno)* Australia Australian Inventory of Chemical Substances (AICS) Yes Canada Domestic Substances List (DSL) Yes Canada Non-Domestic Substances List (NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances (EINECS) Europe European List of Notified Chemical Substances (FLINGS) No Japan Inventory of Existing and New Chemical Substances (ENCS) Yes Korea Existing Chemicals List (ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s} A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16, Other information, including date of preparation or last revision Issue date 10-20-2015 Revision date 03-31-2017 Version # 06 NFPA ratings .Health: 3 Flammability: 0 Instability: 0 NFPA ratings a 0 Disclaimer The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. Material name: Aluminum Sulfate-Liquid (8.2-8,3°Jo as AL203) sus us 0100850 Version 06 Revision date; 03-31-2017 Issue date:10-20-2015 8 ~ 8 THATCHER COMPANY OF CALIFORNIA, INC. Phone (916) 389-2517 8625 Unsworth Avenue, Sacramento CA 95828 Fax (916) 389-2516 GH~~~~ APPENDIXA PERFORMANCE (a) Performance of any obligation under this contract may be suspended by the party so affected without liability in the event of an Act of God; war; fire; flood; strike; explosion; labor trouble; mechanical breakdown; accident, riot, governmental action, laws, regulations or orders (including, but not limited to, pollution, health, ecology or environmental matters); Seller's inability to obtain fuel, power, raw materials, or equipment used in connection therewith on terms it deems practicable; or any other cause beyond the reasonable control of either party interfering with the production, supply, transportation or consumption practice of the party at the time which delays, prevents, restricts, limits or renders commercially infeasible, the performance of this contract or the consumption, sale or use of the goods, except as to the goods already in transit. (b} The affected party may invoke subparagraph (a} or (b) by promptly notifying the other party in writing of the nature and the estimated duration of the suspension or cancellation of the party's performance. The total quantity hereunder shall be reduced by the quantity not delivered during the term of the suspension or cancellation without liability, and the contract shall otherwise remain unaffected. In no event shall Seller be required to ship the goods from Seller's or, if applicable, its affiliates' other locations or to purchase the goods or components thereof from other sources to fulfill the contract requirements. Seller may, without liability, allocate its supply of such goods or raw materials among its own uses, or distribute it among its customers upon such basis and in such manner as Seller deems fair and reasonable, provided that any goods or raw materials obtained by Seller from a third party solely for Seller's internal use are not subject to allocation. Date: April 12, 2017 THATCHER COMPANY 0~ CALIFQRNIA, INC. ~ ~ Phone (916) 389-2517 8625 Unsworth Avenue, Sacramento CA 95828 ~,a j° Fax (916) 389-2516 *~3i; t, "j~ ~'r ~`N~''~ APPENDIX B SELLER'S LIMITED WARRANTY: SUBJECT TO THE LIMITATIONS LISTED BELOW, Sellerwarrants that~at the timeof delivery the goods will conform to the attached specifications, that Seller will convey good title thereto, and that the goods will be delivered free from any (awful security interest, lien or encumbrance. EXCLUSION AND DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTIES LISTED ABOVE ARE SELLERS SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE GOODS. SELLER MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER WITH RESPECT TO ITS RECOMMENDATIONS, INSTRUCTIONS, GOODS, APPARATUS, PROCESS OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. LIMITATIONS OF REMEDIES AND SELLER'S LIABILITY: (a) BUYER'S EXCLUSIVE REMEDY AND SELLER'S TOTAL LIABILITY TO BUYER FOR .CLAIMS, AS DEFINED IN SUBPARAGRAPHS (b) BELOW, IS EXPRESSLY LIMITED AS FOLLOWS: BUYER HAS THE OPTION OF REPAYMENT OF THE PURCHASE PRICE PAID QR REPLACEMENT OFTHE GOODS SUPPLIED HEREUNDERWITH RESPECT TO WHICH DAMAGES ARE CLAIMED. BUYER WAIVES ALL OTHER CLAIMS BY BUYER AGAINST SELLER AND SELLER SHALL NOT BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EXCEPT IN CASES OF GROSS NEGLIGENCE. THE PRICE STATED FOR THE GOODS iS A CONSIDERATION IN LIMITING SELLERS AND ITS AFFILIATES' LIABILITY. (b} "CLAIMS" MEANS ALL ASSERTIONS OF ANY LEGAL, EQUITABLE, AND10R ADMIRALTY CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED T0, NEGLIGENCE; STRICT LIABIL[TY; OTHER TORT; EXPRESS OR IMPLIED WARRANTIES, INDEMNITY OR CONTRACT; CONTRIBUTION; OR SUBROGATION RELATED TO OR ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT. (c} ALL LIMITATIONS ON BUYER'S REMEDIES AND SELLER'S LIABILITY SHALL SURVIVE THE EXPIRATION, TERMINATION OR CANCELLATION OF THIS CONTRACT. Date: April 12, 2017 NOTICE OF CLAIMS: All product claims by Buyer shall be deemed waived unless made by Buyer in writing and received by Seller within thirty (30) days of receipt of the goods; provided that for any claim which is not readily discoverable within such 30 day period such claim shall be deemed waived unless made by Buyer in writing and received by Seller within 90 days after receipt of the goods or within 30 days after Buyer learns or should have been reasonably aware of facts which should have given rise to such claim, whichever first occurs. BUYER'S WARRANTIES AND ASSUMPTION OF DUTIES REGARDING SAFETY, HEALTH, UNLOADING, USE, HANDLING, AND DISPOSAL OF THE GOODS. (a) Buyer warrants that it has used its own independent skill and expertise in connection with the selection and use of the goods and that it possesses skill and expertise in handling, storage, transportation, treatment, use and disposal of the goods. Seller's recommendations, instructions, or information as to safety, health, handling, use, unloading or disposal of the goods are based upon information believed to be reliable, but Seller shall have no liability with respect thereto. (b) Buyer hereby acknowledges receipt of Seller's Material Safety Data Sheet (MSDS). Buyer assumes the following duties and obligations: (1) Buyer shall promptly and carefully inspect the goods upon receipt. Buyer will adopt and maintain safe handling, storage, transportation, use treatment and disposal practices with respect to the goods, and further agrees to follow such special care and best manufacturing practices as Buyer's use of the goods require including, but not limited to, all such practices required by federal, state, and local government statutes, rules, regulations orordinances; (2) Buyer shall instruct its employees, independent contractors, agents and customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, transportation and disposal of the goods, including, but not limited to, information contained in Seller's most current MSDS; and (3) Buyer shall comply with the OSHA Hazard Communication Standard, all applicable safety and environmental laws, and all other applicable government statutes, rules, regulations or ordinances, and shall take action necessary to avoid spills, emissions, leaks or other dangers to persons, property, or the environment. Date: April 12, 2017 Purchase order 4: Fiscal Year 2018 Pa e 1 af: 1 ! City of Ashland L ATTN: Accounts Payable Purchase ~ 20 E. Main QQ Order# V~ Ashland, OR 97520 T Phane:5411552-2010 0 Email: payable a~ashland.ar.us V THATCHER COMPANY OF CALIFORNIA lNC H C/0 Water Treatment Plant ' ! 90 Narth Mountain Ave N 12020 WOODRUFFAVE D UNIT C P Ashland, OR 97520 0 DOWNEY, CA 90241 Phane: 5411488-5345 R ~ Fax:5411552-2329 VendorPhon~ IV~mber _ _~len~oi` Fax__I~umk~~r" _ _t~eq~a~~i~r~rtl~ ~~1~~~i%----~-=-~_T _ _ Gre Hunter - - _ ~Dat~:Ocdered~ -11_~n~~rNumb~r~.-:=~Qate:R u .e - - _ _ - _ _ - _ ~ = IC di.. ~T.~l~~~~15! - =~f111~ _.'_.C~C1"~ risen L-a~atica _ 0612812017 3465 Cit Accounts Pa able ltem#- ~ _ _D~~cr~ t~~~art~1 _ _ ~TT~~ ~~~i~~ =~`~~rtd~~ _~Ice WTP Chemicals 1 WTP Chemicals ITB #2017-101 12 ORDR $3,213.0000 ,$38,556.00 Chemical #4 Soda Ash Dense Free Flawing {_280) Bags per order ar (5) pallets per order 0 paun s per bag 56 ba s per pallet $0.2295 per pound $3,213.00 per order Na additional charge for delivery Contract for WTP & U1r'WTP Chemicals (#2017-101) Beginning date: July 1, 2017 Completion date: June 30, 2019 Project Account: Gfi. SUMMARY ~ I a819oa - 6a15oo $38,556.00 ~ ~ ~ ~ r_ ,.,~.-n ~,p - n~ ~ ~ y: _ ~ - Date: ~ _ A.,LL~:nri~n~ C!iirr~n~iirn ~~V~~J~.VV ti FORM #3 y~r ~ c I T Y o F f~ , ~r , SHLAND REQUISITION Date of request: 6-21-17 Required date for delivery: 7-1-17 Vendor Name THATCHER COMPANY OF CALIFORNIA INC. Address, City, State, Zip P.O. BOX 27407 SALT LAKE CITY, UT 84127.0407 8625 UNSWORTH AVE. SACRAMENTO CA 95828 Contact Name & Telephone Number TOM MORRICAL 916.389.2517 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emer enc ❑ Reason for exemption: ®Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2,50 Date approved by Council: 6.6.17 ❑ Written quote or proposal attached ❑ Written uote or ro osal attached Attach co of council communication _ If council a royal re uired, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) State of Oregon ❑ Direct Award Date approved by Council: Contract # -(Attach copy of council communication) State of Washin ton ❑ VerbaUWritten quote(s) or proposal(s) ❑ g Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ ~ecial Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval Date original contract approved by Council; ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached (Date) ❑ (3) Written proposalslwrittensolicitotion Date approved by Council: - (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost TWO YE,N-BL~AN~EEfi PURCHASE ORDER FOR WATER TREATMENT CHEMICALS Item # Quantity unit Description of MATERIALS Unit Price Total Cost 12 ORDERS 5 PALLETS 156 BAGS 1 PALLET 280 BAGS 1 ORDER $ 3,213.00 $ 38,556.00 ~ DENCE FREE FLOWING SODA ASH TOTALCQST ❑ Per attached quotelproposal $ 38,55fi.00 Project Number _ _ _ _ _ _ • _ _ Account Number 08.19.00.601500 Account Number _ _ _ • _ _ • _ • _ - _ _ Account Number ~Expendifure must be charged fo the appropriate account numbers for the financials to accurately reflect the actual expenditures, !T Director in collaboration with department to approve all hardware and software purchases. IT Director Date Support -Yes /No By signing this requisition form,l certify that the City's public contracting requirements have been satistred. ~ D artment Head: ~ A Employe, ~N «qual t or re ter than $5,000} Department ManagerlSupervisor: City Administrator ' vet ~ f (Equal to r greater than $25,000} ~ J~ Funds appropriated for current fiscal year 1 NO ~ .~~=.~A~~~ ~ t,~.°~°~"~~ ~~Firiance Di Ctor- (Equal ~o orgreaterthan $5,000) Date Cor~ments: Fnrm #3 - Requisition F ~ ~i ~°itle: ITS -Chemicals for Water and Wastewater Treatment Plants Fr® Greg Hunter Water Treatment Plant Supervisor r gg 1 II, ~ r ~ >I~ 1 ~%~f lil t~;, a~{ne~'ll~ll ~a I~) ~ I I~a~, ~~u1 ~~l 'V~ ~~J lJ David Gies Wastewater Treatment Plant Supervisor Summa Chemicals are required to maintain consistent water quality at the water Treatment Plant and for compliance with NPDES (National Pollutant Discharge Elimination System) permit requirements at the wastewater Treatment Plant. A formal competitive sealed bid {Invitation to Bid) is the required sourcing method for an acquisition greater than $100,000.00. Ten (10}~ bids were received and individual contracts for each of the eight ~~}chemicals will be awarded to the lowest responsible and responsive bidders for a term of July 1, 2017 to June 30, 2019. The bid tab is attached for your review. Actions, ®ptions, or Potential Motions: The council, acting as the Local Contract Review Board, moves to approve the public contract awards for chemicals. Staff RQCOm~nendation: Staff recommends the public contracts for chemicals be approved. resource REquirements: Funds are budgeted for chemicals. wTP chemicals are estimated to cost approximately $230,000.00 per fiscal year and $460,000.00 for the biennium. WwTP chemicals are estimated to cost approximately X160,000.00 per fiscal year and $320,000.00 for the biennium. Policies, Plans and foals Supported: N/A ~ack~round and Additional Inf®r~ation: A Secti®n 2.50.010 F®~~al Processcs - C®~petltlve Sealed bidding aid Pr®p®sals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids, 'I Attachments: ITB #2017-101 Bid Tab for Chemicals for wTP ~i wwTP ~ Pagelofl ~ [`j`~ ~ l.~ '',I~ d~o o ~ a~o o ~ ~ ~ao~ ~ ao o ~ da o ~ ~ ~ ° ~ °a °a ~ v~'~~ ~..oo cta°..oo an ~ ~ (D ' G' t2. 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