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HomeMy WebLinkAbout2017-215-Contract for Goods & Services-Northstar Chemical Contract for WTP & WWTP Chemicals (ITB #2017-101) CITY OF CONTRACTOR: Northstar Chemical ASHLAND CONTACT: Matt Werger, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: 14200 SW Tualatin-Sherwood Road Telephone: 541/488-6002 Sherwood, Oregon 97140 Fax: 541/488-5311 TELEPHONE: 503-625-3770 DATE AGREEMENT PREPARED: June 8, 2017 FAX: 503-625-1478 BEGINNING DATE: Jul 1, 2017 COMPLETION DATE: June 30, 2019 COMPENSATION AND 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. Northstar Chemical bid is attached as Exhibit C. Water Treatment Plant - Chemical #2 Northstar Moe 106 PWG Flocculant Manufacturer: Northstar Chemical Pricing for Juiy 2017 to June 2018 $1,940.00 per order ($0.97 per pound, 500 Lbs per drum, 4 drums per order, no additional delivery charge) Pricing for July 2018 to June 2019 $1,940.00 per order ($0.97 per pound, 500 Lbs per drum, 4 drums per order, no additional delivery charge) 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, 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 primary City 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 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $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 be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for WTP & WWTP Chemicals (ITB #2017-101), 06/08/2017, Page 1 of 5 ~3. 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 be held 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. Obligation/Liability 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. 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 Contract for WTP & WWTP Chemicals (ITB #2017-101), 06/0812017, Page 2 of 5 S 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 coverage(s) 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/or self-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, suit or 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. rl. Contractor: City of Ashland By By ~1 ignature Depart ent Head well 1V ~~l~i✓ S Print Name Print Name W 3-1 7 Title Date ,4P~' :AS ~ Purchase 9 One copy of a W-9 is to be submit d ithV rchase Order No. the signed contract. Contract for WTP & WWTP Chemicals JITB #2 17-1 1), 06/ 8/2017 Page 3 of 5 :v ate.,. f EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: 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: / V (1) 1 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. J (2) Commercial advertising or business cards or a trade association membership are purchased for the business. y/ (3) Telephone listing is used for the business separate from the personal residence listing. V/ (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) 1 assume financial responsibility for defective workmanship or for 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. 7/x81'7 Contractor (Date) Contract for WTP & WWTP Chemicals (ITB #2017-101), 06/08/2017, Page 4 of 5 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 2-3 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: 1) 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 l an ao llf b mlt ! ! ' f ti / 's isaended solids testasax A 1000 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 22 and 25 inches of vacuum. PSI should be -22 to -25. (Gordon, Dr. Gilbert, "Strategies for Meeting Hypochlorite Specifications in the Drinking Water Industry" Powell Fabrication) Purchaser can refuse delivery of any product which 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 Lithia Park - 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 I Number of gallons per tote July 2017 - June 2018 Julv 2018 -June 2019 Price per gallon (gal) $ Cost per tote $ $ .Cost per loadforder - (6) Totes $ $ Delivery charge per order $ $ Comments: ITB - Chemicals for WTP & W WTP, Page 10 of 25, 4118/2017 WTP (Water Treatment Plant) - CHEMICAL #2: CYTEC SUPERFLOC C-573 FLOCCULANT -OR- NORTHSTAR MOE 106 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, 500 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 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 in 500 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} Julv 2017 - June 2018 Julv 2018 - June 2019 Manufacturer I~DY Price per pound (Lb) $ E $ Cost per 500 Lb drum $ q )s- rD $ Cost per order - 1 (4) each 500 Lb drums $ C) q (3. 00 $ 1 `f • d 0 Delivery charge per order $ $ Comments: ITB - Chemicals for WTP & WWTP, Page 11 of 25, 4/18/2017 i WT P (Water Treatment Plant) - CHEMICAL #3: I CYTEC SUPERFLOC N-300 LMW FLOCCULANT (No Substitution) CYtec SuPerfloc N-300 LMW 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 bags, 25 kg or 55.12 Lbs per bag. 3) Currently an order is placed for eight (8) bags every sixteen (16) weeks on average year round. 4) Prefer delivery directly at the WTP (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. 6) 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 2018 Julv 2018 - June 2019 Price per pound (Lb) $ $ Cost per 25 kg or 55.12 Lb bag Lb bag $ $ Cost per order - (6) Bags $ $ Delivery charge per order $ $ I Comments: ITB - Chemicals for WTP & W WTP, Page 12 of 25, 4/18/2017 WTP, (Water Treatment Plant) - CHEMICAL 84: 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, 50 Lbs per bag, (48 pallets). 4) Currently an order is placed foi 270 bags, (5) pallets, 54 bags per pallet, 50 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' 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 54 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 Q~ Number of pounds (Lbs) per bag 6 I A Number of bags per pallet Jul, 2017 - June 2018 July 2018 - June 2019 Price per pound (Lb) $ $ Cost per order - 270 bags, (5) pallets $ $ Delivery charge $ $ Technical Report Analysis To/be submitted with bid Comments: Y\I fj C I ' Mn 1 C/ ITB - Chemicals for WTP & W WTP, Page 13 of 25, 4/18/2017 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% of product. 2) 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. Manufacturer Number of pounds (Lbs) per bag Number of bags per pallet July 2017 - June 2018 July 2018 - June 2019 Price per pound (Lb) $ $ Cost per order - 270 bags, (5) pallets $ $ - Delivery charge - $ - - - - $ - - Technical Report Analysis To be -submitted with bid Comments: lJi Ae~ C r 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 330/tote). 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 Q C Number of gallons per tote July 2017 - June 2018 July 2018 - June 2019 Price per gallon (gal) $ $ Cost per tote $ $ Cost per load/order - (6) Totes $ Z $ Delivery charge per order $ $ Comments: ITB - Chemicals for WTP & WWTP, Page 15 of 25, 4/18/2017 WWTP (Waste Water Treatment Plant) - CHEMICAL #7: CITRIC ACID (50 Lb Bags) 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 01 Number of bags per pallet duly 2017 - Tune 2018 July 201.8 - June 201.9 Price per pound (Lb) $ $ Cost per order - (1) pallet $ $ Delivery charge per order $ $ a Comments: 02keZola I, 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. I 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 2017 - June 201.28 ,July 2018 -.Tune 2019 Manufacturer Price per pound (Lb) $ Number of pounds (Lbs) per gallon Cost per order - 4,000 gallons $ $ Delivery charge $ Comments: ITB - Chemicals for WTP & WWTP, Page 17 of 25, 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 90 N. Mountain Avenue Ashland, OR 97520 Contents: Invitation to Bid Chemicals for WTP & WWTP Due by 1:00 PM (PST), Thursday, May 18, 2017 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 your method of shipment will arrive prior to the due date and time. DUE DATE AND TIME: I The bids must be received at the designated address listed above prior to 1:00 PM (PST), Thursdav, Mav 18, 2017. Late bids will not 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 in compliance 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, 4/18/2017 EXHIBIT A City of Ashland 90 N. Mountain Avenue Ashland, Oregon 97520 (541) 488-5354 FAX (541) 488-5320 BID FORM I, the undersigned, an authorized representative of the bidder whose name is: Address: ZUC~ ~ i A. -J City, State & Zip: _4~ v IN D~) A ~ o Cl Phone No.: Z - 'Z MFAX No. I-Z~-D 2 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. C orat is By: Signatu A Print Nam Title: SI Date: ITB - Chemicals for WTP & WWTP, Page 19 of 25, 4/18/2017 EXHIBIT B Certificate of Compliance Residency 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 in 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. 1 am domiciled in the State of (Indicate State) Compliance with Oregon Tax Laws: In compliance 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: In compliance 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. Corporate Officer: By: Signatur Title: PV- PAO Dater I J - I ITB - Chemicals for WTP & WWTP, Page 20 of 25, 4/18/2017 124448 I ® DATE (MM/DDIYYYY) ACO/2O CERTIFICATE OF LIABILITY INSURANCE 7/20/2017 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 have ADDITIONAL INSURED provisions or 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 CONTACT San Francisco Certs NAME: Commercial Lines PHONE F~ No ; 302-0977 A/C No Ext : (415 644-7700 (877) Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 E-MAIL ADDRESS: Certificates@wellsfargo.com 45 Fremont Street, Suite 800 INSURER(S) AFFORDING COVERAGE NAIC # San Francisco, CA 94105-2259 INSURERA: Aspen Specialty Insurance Co 10717 INSURED INSURERS: XL Specialty Insurance Company 37885 Northstar Chemical Company, Inc. INSURER C : SAIF Corporation 36196 14200 S.W. Tualatin-Sherwood Rd. INSURER INSURER E Sherwood, OR 97140 INSURER F : COVERAGES CERTIFICATE NUMBER: 12094076 REVISION NUMBER: See below 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 ADDL SLIBRi POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE I POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY ERAEJRW17 07/01/2017 07/01/2018 EACHOCCURRENCE S 1,000,000 CLAIMS-MADE [I OCCUR PREM SESO(Ea occur ence $ 300,000 X Pollution Included (Claims Made) MED EXP (Any one person) 5 25,000 X $10,000 BI/PD ded PERSONAL & ADV INJURY $ _ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT ~ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY II PRO OTHER: 5 CMBI B AUTOMOBILE LIABILITY AE00050135 07/01/2017 07/01/2018 'a'ccaeeDtSINGLEUMIT S 1,000,000 X ' ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) 5 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident x MCS 90 x $5,000 Ded $ A X I UMBRELLA LIAB X OCCUR EXAEJRX17 07101/2017 07/01/2018 EACH OCCURRENCE S 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 5 5,000,000 DED RETENTION $ $ 0 WORKERS COMPENSATION 07/01/2017 07/01/2018 X STATUTE ~RH AND EMPLOYERS' LIABILITY 976980 YIN 1,000,000 OFFICE IMEMB ANYPROPRIETOR/PARTNER/EXECUTIVE OREGON (Mandatory in E.L. EACH ACCIDENT S EREXCLUDED? F- N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE 5 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Coverage CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE J'j P The ACORD name and logo are registered marks of ACORD @ 1988-2015 ACO/R~D"CORPORATION. All rights reserved. ACORD 25 (2016/03) (This -fic, replecee..Nficete# 12084074,vsued-7/2012017) Purchase Order ,r Fiscal Year 2018 Page: 1 of: 1 P THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS I ATTN: Accounts Payable Purchase L 20 E. Main 849 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Water Treatment Plant E NORTHSTAR CHEMICAL, INC 1 90 North Mountain Ave ND 14200 SW TUALATIN SHERWOOD RD P Ashland, OR 97520 Phone: 541/488-5345 O SHERWOOD, OR 97140 O R T Fax: 541/552-2329 Vendor Phone Number MndncF_=-awN &KMRAqutsitir~rillWN ~f s et$n~e---_ _ _ Greg Hunter Date Ordered Vendor u I Mir _epartmant/Location - - 06/28/2017 3463 Cit Accounts Pa able Item# Desch tiQn7Parl -1 _1nil Pfiee Extended Puce= WTP Chemicals 1 WTP Chemicals ITB #2017-101 9 ORDR $1,940.0000 $17,460.00 Chemical #2 MOE 106 PWG FLOCCULANT AID 4 Drums per order 0 Lbs per drum 97 per pound M5.00 per drum Cost per order $1,940.00 No additional charge for delivery Contract for WTP & WWTP Chemicals (#2017-101) Beginning date: July 1, 2017 Completion date: June 30, 2019 Project Account: GL SUMMARY*****.*,**** 081,000 - 601500 $17,460.00 By:%; Date: i - Authorized Sig~i'ature PO Total $17,460.00 i FORM #3 CITY OF ASHLAND REQUISITION Date of request: 6-21-17 Required date for delivery: 7-1-17 Vendor Name NORTHSTAR CHEMICAL Address, City, State, Zip 14200 SW TUALATIN-SHERWOOD ROAD SHERWOOD, OR. 97140 Contact Name & Telephone Number MATT WERGER 503-625-3770 Fax Number 503-625-1478 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ 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 quote or proposal attached Attach co of council communication -(If council approval required, 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 # ❑ VerbalMritten quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington 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 ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost TW BLANKET PURCHASE ORDER FOR WATER TREATMENT CHEMICALS Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 9 ORDERS 4 DRUMS I ORDER MOE 106 PING FLOCCULANT AID $1,940.00 $17,460.00 1 TOTAL COST ❑ Per attached quote/proposal $17,460.00 Project Number _ _ _ _ _ Account Number 08.19.00.601500 Account Number Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, t certify that the City's public contracting requirements have been satisfied. Employee:° ¢ e Department Head: ~1~, f mad' (Equal to r greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YE4 / NO -Finance Direr- (Equal to or greater than $5,000) Date Comments: dorm #3 - Requisition