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HomeMy WebLinkAbout2019-210 20200021 Northstar Chemical, Inc Contract for WTP & WWTP Chemicals (ITB #2019-101) CONTRACTOR: Northstar Chemical CITY OF AS H LAND CONTACT: Matt Werger, Vice President Julie DeBellis 20 East Main Street Ashland, Oregon 97520 ADDRESS: 14200 SW Tualatin-Sherwood Road Telephone: 541/488-6002 Sherwood, OR 97140 Fax: 541/488-5311 TELEPHONE: 503-625-3770 EMAIL: jdebellis @northstarchemical.com EFFECTIVE DATE: July 1, 2019 COMPLETION DATE: June 30, 2021 COMPENSATION AND GOODS AND SERVICES TO BE PROVIDED: All chemicals are to be provided and delivered as specified in the ITB#2019-101 bid specifications.The bid submitted by Northstar Chemical is attached as Exhibit C. Contract was approved by the City Council on May 21, 2019. Water Treatment Plant—Chemical#2 Moe 106 PWG Manufacturer: Polydyne Pricing for July 2019 to June 2020 $2,240.00 per order($1.12 per pound, Cost per 5001b drum$560.00, Four(4)drums per order, no additional delivery charge) Pricing for July 2020 to June 2021 $2,240.00 per order($1.12 per pound, Cost per 5001b drum$560.00, Four(4) drums per order, no additional delivery charge) ADDITIONAL TERMS: In the event of a conflict or discrepancy among the contract documents,this City of Ashland Contract for Goods and Services will be primary and take precedence,and any exhibits or ancillary 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. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.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 $21,127.46 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 for WTP&VVVVfP Chemicals#2019-101, Page 1 of 6 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 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 Hi. 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. H. 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 Hi. 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: Contract for WTP&WWTP Chemicals#2019-101, Page 2 of 6 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 $2,000,000 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 $1,000,000, 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. 22. Consultant's compliance with Oregon Tax Law: (1) Consultant represents and warrants to the City that Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. (2) Consultant represents and warrants that, for a period of no fewer than six (6) calendar years preceding the Effecti' of this Agreement, it has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318 (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and Contract for WTP&WWTP Chemicals#2019-101, Page 3 of 6 (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax I provisions. Con actor: NO„,-14,...s Jv Lkei„,,:m."--l_ City of Ashland • ir By By ,� Department .P•ad Print Na .t Print Name V tc_L Frrcn drv- i I'i Title Date W-9 to be submitted with the signed contract. Purchase Order No. AP- OVED • S . ORM . _ A ±lr Ashla • ity Attorney Data - i Contract for WTP&VVVVTP Chemicals#2019-101, Page 4 of 6 • 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, it is an independent Contractor as defined in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf of the City, and Contractor has checked four or more of the following criteria that apply to its business. • (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 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. 2_,L4_..-I CI Contractor ate) Contract for WTP&WWTP Chemicals#2019-101, Page 5 of 6 • CITY OF ASHLAND , OREGON EXHIBIT B City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating ea ment of a livin. wa•e. $15.12 per hour effective June 30, 2018 lir (Increases annually every June 30 by the /AA Consumer Price Index) Employees must be paid a portion of business of their 401K and IRS eligible living wage employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee"does not employer and the City of $21,127.46. include temporary or part-time Ashland if the contract employees hired for less than exceeds $21,127.46 or more. ➢ If their employer is the City of 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, P lease 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, For additional information: 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. C I T Y O F ASH LAN D Contract for VVTP&WWTP Chemicals#2019-101, Page 6 of 6 I a h ' NORTHCHE10 A`�o�® CERTIFICATE OF LIABILITY INSURANCE DAT7/23120 9YY) 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 1 Commercial Lines-(628)201-9001 PHONE 628.201.9001 FAX 6,0.537.2393 (A/c No.FsU:' INC,No): USI Insurance Services LLC-CA Licit:OD08408 EMAIL ADDRESS: .certificateswl @usi.com 201 Mission St,11th Floor INSURER(S)AFFORDING COVERAGE NAIL k San Francisco,CA 94105 INSURER A: Aspen Specialty Insurance Co 10717 INSURED INSURER B: XL Specialty Insurance Company 37885 Northstar Chemical Inc. INSURER C: ;SAIF Corporation 36196 14200 S.W.Tualatin-Sherwood Rd. INSURER D: t INSURER E: , Sherwood,OR 97140 INSURER F: COVERAGES CERTIFICATE NUMBER: 14440430 i 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 SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDWYYY) LIMITS : A X COMMERCIAL GENERAL UaBILm X ERAEJRW19 07/01/2019 07/01/2020 ECH DAAMAGE MAGE TO TO RENT ED OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR I D occurrence) 300,000 PREMISES(Ea occurrence) $ X Pollution Included(Claims Made) 1 MED EXP(Any one person) $ 25,000 PERSONAL SADV INJURY $ 1,000,000 GENII AGGREGATE LIMITAPPUES PER: I GENERAL AGGREGATE $ 2,000,000 POLICY x JET X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY X AEC0050135-02 07/01/2019 07/01/2020 (Eaacci en SINGLE LIMIT $ 1.000.000 X I ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per $ AUTOS ONLY _ AUTOS ( er accident)_) HIRED NON-OWNED i PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) x MCS 90 x $5,000 Ded I $ x UMBRELLA LIAB X OCCUR EXAEJRX19 A B7/L1/2D19 07/01/2020 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MACE AGGREGATE 5 5,000,000 !, DED RETENTIONS ! $ WORKERS COMPENSATION PER 0TH- C AND EMPLOYERS'LIABILITY YIN 976980(OR) 07/01/2019 07/01/2020 X(STATUTE IER ANYPROPRIETORIPARTNERIEXECUTIVE 1.000.000 E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? N/A (Mandatory in NH) ( E.L.DISEASE-EA EMPLOYEE $ 1,000.000 If yyes,describe antler 1.000.000 I DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ I I r DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Ashland is named as additional insured as it relates to general liability and auto liability in accordance with the terms and conditions of the policy. The above coverage is primary and non-contributory where required by written contract.Umprella follows form as it relates to additional insureds.. CERTIFICATE HOLDER CANCELLATION I City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) • (Ms casfi•ate,eplses reetcato 14559995 Issued on 7/120151 I Named Insured:Northstar Chemical Inc. Policy Number: ERAEJRW19 Policy Term: 07/01/2019 to 07/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. FjLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is hereby agreed that the Policy is amended as follows solely as respects Coverage Section 1. , Coverage 1A(Bodily Injury and Property Damage)and Coverage 1B (Personal and Advertising Injury): SCHEDULE • Name of Person or Organization: Blanket Where Required By Written Contract • (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The persons or organizations shown in the Schedule above are insureds under§Ill.WHO IS AN INSURED, paragraph F. of this Policy subject to all the terms and conditions of that paragraph. i With respect to the persons or organizations shown in the Schedule above, this Policy shall be primary and non-contributory with any other valid and collectible insurance available y such persons or organizations. All other terms and conditions of this Policy remain unchanged. • • • ASPER219 0313 • Page 1 of 1 • ;,. POLICY NUMBER: AEC0050135-02 XIC 411 1013 ENDORSEMENT This endorsement, effective 12:01 a.m.,July 1,2019 forms a part of Policy No.AEC0050135 Issued to NORTHSTAR CHEMICAL COMPANY, INC.by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: ; BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, Is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for`bodily injury" or'property damage' otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: i 1. You,while using a covered"auto";or 2. Any other person, except the additional insured or any employee or agent of the additional Insured, operating a covered"auto"with your permission; Provided that: • a. The written contract is In effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident"causing 'bodily Injury" or"property damage"for which liability coverage Is sought;and e. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. • B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions,Other Insurance is amended as follows: My coverage provided hereunder shall be excess over any other valid and collectible Insurance available to the additional Insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured,and in no event shall such coverage be enlarged or expanded by reason of the contract All other terms and conditions of this policy remain unchanged. XIC 411 1013 tel 2013 X.L.America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. GRIE 08/14/2017 • 1 • COMMERCIAL AUTO Policy Number:AEC0050135-02 I CA 04 49 111 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION • This endorsement modifies insurance provided under the following:, AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. - A. The following is added- to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to This Coverage Form's Covered Autos Liability the contrary: Coverage and General Liability Coverages are primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such •"insured". • • • • CA 04 49 1116 ©Insurance Services Office, Inc., 2016 Page 1 of 1 • Insured: Northstar Chemical, Inc. Policy#ERAEIRW 19 Policy term: 7/1/19-20 b. Entitled to indemnity from the United States of America or any agency thereof; or c. An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits. 12. Owned Facilities Arising out of any location or facility that is or was owned, occupied, operated by or rented or leased to you or any entity that: (i) has any ownership interest or operates, manages or otherwise controls you; or(ii) in which you have any ownership interest or which you operate, manage or otherwise control. 13. Personal and Advertising Injury Arising out of personal and advertising injury. • 14. Previously Reported Claim Arising out of the same wrongful act or related, continuous or repeated wrongful acts that were the subject of a claim reported under any policy of which this is a renewal or replacement or which it may succeed in time,whether or not such prior policy affords coverage for such claim. 15. Warranties Arising out of express warranties or guarantees. This exclusion shall not apply if liability would have resulted in the absence of such express warranties and guarantees., 16. Your Product Arising out of your product. Ill. LIMITS OF LIABILITY AND DEDUCTIBLE • • A. LIMITS OF LIABILITY 1. The Limits of Liability shown in the Declarations and the rules below fix the most we will pay under this Policy regardless of the number of insureds, claimants, offenses, claims, suits, occurrences, crisis events, pollution incidents, or wrongful acts. 2. General Aggregate Limit The General Aggregate Limit set forth in Item 7.(a) of the Declarations is the most we will pay for the sum of all loss under all Coverages of this Policy, except for: (i)Supplementary Payments under COVERAGE 1. and COVERAGE 2.; and (ii) damages because of bodily Injury, property damage, or environmental damage included in the products-completed operations hazard under COVERAGE 1.a. (Bodily Injury and Property Damage), COVERAGE 2.b. (Products Pollution), and COVERAGE 2.d. (Contractors Pollution). The General Aggregate Limit applies separately to: a. Damages covered under COVERAGE 1.a. (Bodily Injury and Property Damage) and COVERAGE 2.d. (Contractors Pollution)arising out of your work at any one construction project; and b. Damages covered under COVERAGE I.a.(Bodily Injury and Property Damage), COVERAGE 2.a. (Hostile Fire & Building Equipment) and COVERAGE 2.e. (Site Time-Element Bodily Injury and Property Damage)arising out of on-going operations at any one±location. • • ASPENV108 0917 Page 17 of 36 2017©Aspen Insurance U.S.Services Inc.All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission • • ® Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit set forth in Item 7.(b) of the Declarations is the most we will pay under COVERAGE 1.a. (Bodily Injury and Property Damage), COVERAGE 2.b. (Products Pollution), and COVERAGE 2.d. (Contractors Pollution)for all damages because of bodily injury, property damage or environmental damage included in the products-completed operations hazard. 4. Each Occurrence Limit Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit set forth in Item 6. of the Declarations is the most we will pay for the sum of all damages under COVERAGE 1.a (Bodily Injury and Property Damage) and medical expenses under COVERAGE 1.c. (Medical Payments) because of all bodily injury and property damage arising out of any one ;occurrence or related, continuous or repeated occurrences. 5. Personal and Advertising Injury Limit Subject to Paragraph 2 above,the Personal and Advertising Injury Limit set forth in Item 6.of the Declarations is the most we will pay under COVERAGE 1.b.(Personal and Advertising Injury) for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 6. Damage To Premises Rented To You Limit of Liability I Subject to Paragraph 4. above, the Damage To Premises Rented To You Limit of Liability set forth in Item 6 of the Declarations is the most we will pay under COVERAGE 1.a. (Bodily Injury and Property Damage)for all damages because of property damage to any one premises, while rented to you, or in the case of damage by fire, lightening, or explosion while rented to you or temporarily occupied by you with permission of the owner. 7. Medical Expense Limit Subject to Paragraph 4. above, the Medical Expense Limit'of Liability set forth in Item 6. of the Declarations is the most we will pay under COVERAGE 1.c. (Medical Payments)for all medical expenses because of bodily injury sustained by any one person. 8. Employee Benefits Administration Limit Subject to Paragraph 2. above, the Employee Benefits Administration Limit of Liability stated in Item 6. of the Declarations is the most we will pay under COVERAGE 1.d. (Employee Benefits Administration Liability) for all damages sustained by any one employee, including damages sustained by such employee's dependents and beneficiaries, arising out of any one wrongful act or related, continuous or repeated wrongful acts. However, the amount paid under this Policy shall not exceed, and will be subject to, the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefits program. 9. Each Pollution Incident Limit—Coverages 2a-2f Subject to Paragraph 2. above, the General Pollution Liability— Each Pollution Incident Limit set forth in Item 6. of the Declarations is the most we will pay for all damages under COVERAGES 2.a through 2.f. (General Pollution Liability) because of all bodily injury, property damage, environmental damage and emergency response cost arising out of any one pollution incident or related, continuous or repeated pollution incidents. 10. Crisis Cost Limit The most we will pay for all crisis cost covered under this Policy is the Crisis Cost Limit of Liability set forth in Item 6. of the Declarations. Crisis cost does not erode any other Limit of Liability set forth in Item 6 of the Declarations. ASPENV108 0917 Page 18 of 36 2017©Aspen Insurance U.S. Services Inc.All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission ' I i 11. Each Pollution Incident Limit—Coverage 3 Subject to Paragraph 2. above,the Site Pollution Incident=Each Pollution Incident Limit set forth in Item 6. of the Declarations is the most we will pay for all loss under COVERAGE 3. (Site Pollution Incident Liability) arising out of any one pollution Incident or related, continuous or repeated pollution Incidents. 12. Each Wrongful Act Limit Subject to Paragraph 2. above, the Each Wrongful Act Limit set forth in Item 6. of the Declarations is the most we will pay for all loss under COVERAGE 4. (Professional Liability) arising out of any one wrongful act or related, continuous or repeated wrongful acts. 13. Multiple Coverage Sections Subject to Paragraph 2. or 3. above, whichever applies, the highest applicable Each Occurrence Limit, Each Pollution.Incident Limit or Each Wrongful Act Limit set forth in Item 6. of the Declarations is the most we will pay for the sum of all loss under all Coverages arising out of: a. Any one occurrence, pollution incident or wrongful act; b. Related, continuous or repeated occurrences, pollution Incidents or wrongful acts; or c. Any combination of a. and b. • The Limits of Liability apply to the entire policy period. My extension of the policy period that occurs after the inception date shall be deemed part of the preceding period for the purposes of determining the applicable Limits cif Liability. B. DEDUCTIBLE The Limits of Liability apply in excess of the applicable Deductible amounts set forth in Item 6. of the Declarations. A separate Deductible will apply to: 1. Each occurrence, pollution incident or wrongful act; j 2. Related, continuous or repeated occurrences, pollution incidents or wrongful acts; or 3. Any combination of 1. and 2. For COVERAGE 1.b. (Personal and Advertising Injury), the Deductible applies to all personal and advertising injury sustained by any one person or organization. For ,COVERAGE 3. (Site Pollution Incident Liability coverages) and COVERAGE 4 (Professional Liability), the Deductible includes legal expense. If the same, related, continuous or repeated occurrence, pollution Incident or wrongful act results in application of more than one Coverage, only the highest applicable Deductible shall apply. We will have no duty to make any payment under this Policy until you pay the applicable Deductible. We may, but are not obligated to, advance amounts for loss within the (Deductible. Upon our request, you will promptly reimburse us for any amounts within the Deductible that we have advanced. C. MULTIPLE POLICIES, POLICY PERIODS—COVERAGE 1.AND COVERAGE 2. 1. If there is progressive or indivisible bodily Injury, property damage or environmental damage (including any continuation, change or resumption thereof) that takes place over a period of days, weeks, months or longer and is caused by continuous or repeated exposure to the same, related, continuous or repeated general harmful conditions or substances under COVERAGE 1.a ( Bodily Injury and Property Damage) or pollution incident(s)under COVERAGE 2.a.through 2.g.(General Pollution Liability coverages): I i ASPENV108 0917 Page 19 of 36 2017©Aspen Insurance U.S. Services Inc.All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission • • • \ i _ IV. WHO IS AN INSURED { A. If you are designated in the Declarations as: • 1. An individual, you and your spouse are insureds, but only With respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 3. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors.Your stockholders are also Insureds, but only with respect to their liability as stockholders. 1 5. A trust,you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. B. With respect to all coverages other than COVERAGE 1.d. (Employee Benefits Administration Liability), each of the following is also an insured: 1. Your volunteer workers, but only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: - I a. Bodily injury or personal and advertising injury: (I) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company); (Ii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in (a)(i)above; or (III)Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician,{dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. b. Property damage to property: (I) Owned, occupied or used by; or (II) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; - You, an y of your employees, volunteer workers, an y any partner or member(if you are a partnership or joint venture), or any member Of you are a limited liability company). 2. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. 3. Any person or organization having proper temporary custody of your property if you die, but only: a. With respect to liability arising out of the maintenance cr use of that property;and b. Until your legal representative has been appointed. ASPENV108 0917 Page 21 of 36 2017©Aspen Insurance U.S. Services Inc.All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission 1 — 1 4. Your legal representative if you die, but only with respect-10 duties as such. That representative will have all your rights and duties under this policy. C. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest as of the inception date is,a Named Insured. D. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, Will qualify as a Named Insured if there is no other similar insurance available to that organization. However: • 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; and 2. Coverage under this Policy does not apply to any bodily injury, property damage, offense environmental damage, wrongful act or crisis event that occurred before you acquired or formed the organization. 1 E. Solely with respect to COVERGAE 1.d (Employee Benefits At:ministration Liability), each of the following is also an insured: 1. Each of your employees who is or was authorized to administer your employee benefits program. 2. Any persons, organizations or employees having proper temporary authorization to administer your employee benefits program if you die, but only until your legal representative is appointed. 3. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties as such. That representative will have all your rights and duties under this Policy. F. !Any person or organization with whom you agree to include as an insured pursuant to a written contract, ,Agreement or permit is an insured, but: (i) only with respect to bodily injury, property damage, environmental damage, personal and advertising injury, emergency response cost, or crisis cost: (a) caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf, arising out of your operations or your work, (b) arising out of equipment or premises leased or rented by you, (c) arising out or your products which are distributed or sold in the regular course of,a vendor's business; and (H) only for the lesser of the applicable limits of liability set forth in § III. of the Policy; or the minimum limits of liability required by the insured contract; however: 1. A vendor is not an insured as respects bodily injury, property damage, environmental damage, emergency response cost, crisis cost or personal and advertising injury: a. For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have Inithe absence of the contract or agreement; b. Arising out of any express warranty unauthorized by you; c. Arising out of any physical or chemical change in the product made intentionally by the vendor; d. Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from you, and then repackaged in the original container; e. Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; f. Arising out of demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or g. Arising out of products which, after distribution or sale by you, have been labelled or relabelled or used as a container, part or ingredient of any other thing or substance by or for the vendor. -- i ASPENV108 0917 Page 22 of 36 2017©Aspen Insurance U.S. Services Inc.All rights reserved. Includes copyrighted material of ISO Propertied, Inc. used with permission • • • 2. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage: environmental damage, emergency response cost, crisis cost or personal and advertising Injury: 1 a. Arising out of any occurrence, offense or pollution incident that takes place after the equipment lease expires or you cease to be a tenant;or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. G. Any person or organization that has at least a 50%controlling interest in the first Named Insured is an insured but only with respect to bodily Injury, property damage, envirdnmental damage or personal and advertising injury arising out of their financial control of the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. V. RIGHTS AND DUTIES OP THE INSURER AND THE INSURED A. Your Duties In the Event of an Occurrence, Offense, Pollution Incident or Wrongful Act You must notify us as soon,as practicable of any occurrence, offense, pollution incident, or wrongful act, whether or not you have received a claim or suit.To the extent possible, such notice should include: 1. How,when and where the occurrence, offense, pollution Incident or wrongful act took place; 2. The names and addresses of any injured persons and witOsses; and 3. The nature and location of any injury or damage arising out of the occurrence, offense, pollution incident or • wrongful act. Notice of an occurrence, offense, pollution incident or wrongful act is not notice of a claim. Knowledge of an occurrence, offense, pollution incident or wrongful act by any of your agents, servants or employees, or any other person shall'not it itself constitute knowledge by you unless a responsible executive or a manager or equivalent level employee in your Risk Management,-Insurance or Law Department possesses such knowledge. If you mistakenly notify another insurer rather than us of an occurrence, offense, pollution incident or wrongful act, such mistaken failure to notify us shall not invalidate coverage so long as you notify us of the occurrence, offense, pollution incident or wrongful act within a reasonable time after you become aware of such error. B. Your Duties In the Event of a Claim or Suit If a claim is made or suit is brought against any insured, you must: i • 1. Immediately record the specifics of the claim or suit and the date received; 2. Notify us as soon as practicable; • 3. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; 4. Authorize us to obtain records and other information; 5. Cooperate with us in the investigation or settlement of the claim or defense against the suit;and I I 6. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy may also apply. • ASPENV108 0917 Page 23 of 36 2017©Aspen Insurance U.S. Services Inc.All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission • f. PUBLIC NOTICE: i• • Pritia City of Ashland Invitation to Bid#2019-101 CHEMICALS FOR WATER&WASTEWATER TREATMENT PLANTS Bids are due by 2:00:00 PM(PST),Thursday,May 2,2019 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 individual 24-month contracts for each chemical to the lowest responsive and responsible bidders for a term beginning in July 1, 2019 and ending June 30,2021.Bidders are encouraged to bid on any number of chemicals they can provide as specified. WATER TREATMENT PLANT CHEMICAL#1: SODIUM HYPOCHLORITE 12.5%+,LOW SALT,FILTERED CHEMICAL#2: CYTEC SUPERFLOC C-573 FLOCCULANT—OR-NORTHSTAR MOE 106 PWG FLOCCULANT(No Substitution) CHEMICAL#3: CYTEC SUPERFLOC N-300 LMW FLOCCULANT(No Substitution) CHEMICAL#4: SODA ASH,DENSE,FREE FLOWING CHEMICAL#5: SODIUM CARBONATE PEROXYHYDRATE,FREE FLOWING WASTE WATER TREATMENT PLANT CHEMICAL#6: SODIUM HYPOCHLORITE 12.5% CHEMICAL#7: CITRIC ACID(50 Lb.Bags) CHEMICAL#8: ALUMINUM SULFATE 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 TO BID is available online at www.ashland.or.us Scroll down the City's home page and click on"Proposals,Bids and Notifications". Click on REQUEST BID PACKET(below the public notice),log in to 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 2.50.080,competitive sealed bids may be available online,but bidders will NOT be able to submit their bids or responses online.Bids must be delivered in hard copy form to the City in accordance with the requirements outlined in the ITB. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for subsequently issued instructions,addenda,and related materials. Deadline for submitting questions and requests for additional information:5:00 PM(PST),Monday,April 22,2019 Sealed bids must be received by 2:00:00 PM(PST),Thursday,May 2,2019,by Kari Olson,Pure; asing Representative in the,City of Ashland,Purchasing Office located at 90 N.Mountain Avenue,Ashlai d OR 97520.The bids will be publicly opened and read at 2:00:00 PM(PST),Thursday,May 2,2019. Kari Olson Purchasing Representative City of Ashland,Oregon kari.olson(ashland.or.us Telephone: 541-488-5354 Published:04/01/2019 4!1� C\n Ny::.V�t L. it 1 epr} Ira CITY OF ASHLAND Invitation to Bid CHEMICALS FOR WATER & WASTEWATER TREATMENT PLANTS Date of Release: April 1, 2019 Proposals are due by: 2:00:00 PM (PST), Thursday, May 2, 2019 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: kari.olson(a,ashland.or.us ITB—Chemicals for WTP&WWTP,Page 1 of 26,04/01/2019 PUBLIC NOTICE: a.,4::::::i',i',44i=1,., Frif rink City of Ashland Invitation to Bid#2019-101 CHEMICALS FOR WATER&WASTEWATER TREATMENT PLANTS Bids are due by 2:00:00 PM(PST),Thursday,May 2,2019 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 individual 24-month contracts for each chemical to the lowest responsive and responsible bidders for a term beginning in July 1,2019 and ending June 30, 2021. 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 TO BID is available online at www.ashland.or.us Scroll down the City's home page and click on"Proposals, Bids and Notifications". Click on REQUEST BID PACKET(below the public notice), log in to 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 2.50.080, competitive sealed bids may be available online,but bidders will NOT be able to submit their bids or responses online. Bids must be delivered in hard copy form to the City in accordance with the requirements outlined in the ITB. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for subsequently issued instructions, addenda, and related materials. Sealed bids must be received by 2:00:00 PM(PST),Thursday,May 2,2019,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 2:00:00 PM(PST), Thursday,May 2,2019. Kari Olson Purchasing Representative City of Ashland, Oregon kari.olson@ashland.or.us Telephone: 541-488-5354 Published: 04/01/2019 TTB—Chemicals for WTP&WWTP,Page 2 of 26,04/01/2019 BID NO: 2019-101 RELEASE DATE:April 1,2019 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 as"goods and services".All bids shall be subject to the following conditions: 1.Time and Place for Receiving Bids:Bids must be received by the Purchasing Representative,Ashland Service Center,90 N.Mountain Avenue,Ashland,Oregon 97520,by 2:00:00 PM(PST),Thursday,May 2.2019.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 NO: 2019-101 PURCHASE OF CHEMICALS FOR WTP&WWTP BID OPENING: 2:00:00 PM(PST),THURSDAY,MAY 2,2019 In compliance with OAR 137-047-0260(2)(c)(A),the solicitation schedule is as follows: ACTIVITY DATE Invitation to Bid Released April 1,2019 1s`Public Notice April 1,2019 Deadline for Submitting Questions and 5:00 PM(PST),Monday,April 22,2019 Requests for Additional Information ITB Protest Period Ends 5:00 PM(PST),Monday,April 22,2019 DUE DATE AND TIME 2:00:00 PM(PST),THURSDAY,MAY 2,2019 FOR SUBMITTING BIDS Location: City of Ashland,Purchasing Office,90 N. (Note: Bids must be received Mountain,Ashland,OR 97520 by due date and time.) Evaluation Process May 3-9,2019 Contract Recommendation Upon completion of evaluation process Notice of Intent to Award At least seven(7)days before the award of a public contract(allows for a 7-day protest period) Contract Recommendation May 21,2019 Presented to City Council for approval Public Contract Award Upon Council approval and at least seven(7)days after the Notice of Intent to Award has been released Contract Term July 1,2019 to June 30,2021 NOTE: Any changes made to the closing date of the ITB will be made in the form of a written addendum and mailed to all potential bidders who have received the ITB documents. 2.Purchasing Representative:The City of Ashland Purchasing Representative,Kari 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. ITB—Chemicals for WTP&WWTP,Page 3 of 26,04/01/2019 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 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. SOLE POINT OF CONTACT: Kari Olson Purchasing Representative City of Ashland 90 N.Mountain Avenue Ashland,OR 97520 Tel: 541-488-5354 Email: kari.olson @ashland.or.us 3.Protests:Any prospective bidder who contends that the provisions of the contract documents 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 Purchasing 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 or approval of manufacturer's materials to be substituted will be made only in the form of written addenda to the specifications which,if issued,will be hand- 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 conditions/specification documents.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:If it becomes necessary to revise any part of the bid documents,written addenda will be provided and posted 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 EXHIBIT B,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 TTB—Chemicals for WTP&WWTP,Page 4 of 26,04/01/2019 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. 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 bidder 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. 11.1.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 goods that are certified to be made from recycled materials if the recycled product is available,meets applicable standards,can be substituted for a costs recycled comparable non recycled product;and the recycled products costs do not exceed the cos of non y cled p roducts by more than five percent,or a higher percentage if a written determination is made by the City. 11.6.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 468A.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. If the City awards a contract,the City shall award the contract to the lowest responsible and responsive bidder whose bid substantially complies with the requirements and criteria set forth in the Invitation to Bid and with all prescribed public procurement procedures and requirements.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 may be authorized by mutual consent of the City of Ashland and the contractor pursuant to ORS 279A.215. 12.1 Responsive Bid: A bid that fully conforms in all material respects to the Invitation to Bid and all its requirements,including all form and substance. "Responsiveness"refers to the offer. 12.2 Responsible Bid:A business entity or individual who has the capability and financial and technical capacity to perform the requirements of the solicitation and subsequent contract as described in ORS 279B.110. "Responsibility"refers to the offeror. ITB—Chemicals for WTP&WWTP,Page 5 of 26,04/01/2019 GENERAL CONDITIONS FOR PURCHASE OF GOODS AND SERVICES GC 1.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 has 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. GCS.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.Safety 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 "SAFETY DATA SHEETS"(SDS)for hazardous chemicals that are subject to OAR 437-004-9800(6) 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. GCB.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. Severability:If any provision of the contract documents shall be held to be invalid or unenforceable,such invalidity or unenforceability shall 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. GC11.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. GC 12.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,and employees harmless from any and all 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 26,04/01/2019 1 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 by law,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 or 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. GC 16.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. GC17.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 of 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 S 1.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 in regard to the nature,quality or description of the item to be supplied. 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 26,04/01/2019 Chemicals for the Water&Wastewater Treatment Plants INVITATION TO BID#2019-101 April 1,2019 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 of 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 following general specifications apply to ALL of the specified chemicals. BIDS Firm pricing shall be submitted in such a way as to show the breakdown of all applicable and related costs for each individual chemical. Costs not included in the bid will be subject to non- payment by the 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 bidder(s) for a term beginning July 1, 2019 and ending June 30, 2021. The successful bidder(s)will be required to meet the highest standards prevalent in the industry, 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. The City's Contract for Goods and Services is attached as Exhibit C for your review. PURCHASE ORDERS Purchase orders will be issued for the 24-month term contract(July 1,2019 to June 30,2021). ITB—Chemicals for WTP&WWTP,Page 8 of 26,04/01/2019 ORDERS 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, except for 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 (mandatory/no exceptions). 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' +/- 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. Deliveries for the WTP shall be arranged to arrive before 12:00 PM(PST),Monday- Friday.WTP/Sodium Hypochlorite shall be delivered to the WTP no later than 11:00 AM(PST). WWTP All chemicals ordered for the WWTP will be delivered directly to the WWTP located at 1195 Oak Street, Ashland,Oregon. Forklift available upon request. Deliveries for the WWTP shall be arranged to arrive between 6:00 AM and 12:00 PM (PST),Monday-Friday, at the WWTP. SAFETY DATA SHEETS (SDS) The most current SDS (Safety Data Sheets) are required to be 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 to provide the information being requested on the individual chemical spec/cost sheets. Supplemental information may be 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 Chemical #3: CYTEC Superfloc N-300 LMW Flocculant. The only catonic polymer coagulant aids approved for Chemical#2 are CYTEC Superfloc C-573 Flocculant and NORTHSTAR MOE 106 PWG Flocculant. ITB—Chemicals for WTP&WWTP,Page 9 of 26,04/01/2019 WTP(Water Treatment Plant) - CHEMICAL#1: SODIUM HYPOCHLORITE 12.5%+, LOW SALT, FILTERED Sodium Hypochlorite 12.5%, Low Salt, Filtered 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 hnp://www.powe1lfab.com/technical information/preview/suspended solids testaspx A 1000 ml sample must go through a 47mm,8 p filter(Millipore-#AAWP04700)in less than three(3) minutes+1- 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- 19,800 Gallons (if 330/tote). Estimated usage for 2-year contract is 39,600 gallons. 3) Currently an order is placed for five (5) totes @ 300-330 gallons per tote, twelve (12) 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 300-330gallon totes. 7) Labeling must include NSF certification symbols on product containers. 8) Bids must be in the form of dollars per gallon. Manufacturer VI,O '`-Y Number of gallons per tote July 2019. -June 2020 July 2020 -June 2021 Price per gallon (gal) $ $ Cost per tote $ $ Cost per load/order- (5) Totes $ $ Delivery charge per order $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 10 of 26,04/01/2019 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 (12,000 Lbs.). Estimated usage for 2-year contract is 24,000 Lbs. 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) July 2019-June 2020 July 2020 -June 2021 Manufacturer R9A'rk-k (1.2.. Pn1y C vt.P Price per pound (Lb) s 12 $ 1.12- Cost per 500 Lb drum $510. $ O•CO Cost per order- (4) each 500 Lb drums$2)2t-1 O • OO $ 2-12y 0. oO Delivery charge per order $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 11 of 26,04/01/2019 WTP(Water Treatment Plant)- CHEMICAL#3: CYTEC SUPERFLOC N-300 LMW FLOCCULANT (No Substitution) Cytec Superfoc 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 (1,322.88 Lbs.). Estimated usage for 2-year contract is 2,645.76 Lbs. 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' +1- 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. N+C Manufacturer CYTEC (No Substitution) JuIy 2019 -June 2020 July 2020-June 2021 Price per pound (Lb) $ $ Cost per 25 kg or 55.12 Lb ba P g bag Lb bag $ Cost per order- (8) Bags $ $ Delivery charge per order $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 12 of 26,04/01/2019 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, 50 Lbs per bag, (48 pallets/140,000 Lbs.). Estimated usage for 2-year contract is 280,000 Lbs. 4) Currently an order is placed for 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 rY P 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 JJL O /3")(-A- Number of pounds (Lbs) per bag Number of bags per pallet July 2019 -June 2020 July 2020 -June 2021 Price per pound (Lb) $ $ Cost per order— 270 bags, (5) pallets $ $ Delivery charge $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 13 of 26,04/01/2019 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 is dependent on algae blooms—June through October—360 bags, 50 Lbs per bag, (10.5 pallets/18,000 Lbs.). Estimated usage for 2-year contract is 36,000 Lbs. 5) Currently an order is placed for 160 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. 10)Typical treatment: 6,000+Lbs., 1-3 times pe&,e/Ls ryear. Manufacturer Number of pounds (Lbs) per bag _ Number of bags per pallet July 2019-June 2020 July 2020-June 2021 Price per pound (Lb) $ $ Cost per order— 160 bags, (4) pallets $ $ Delivery charge $ $ Comments: ITB—Chemicals for WTI'&WWTP,Page 14 of 26,04/01/2019 • WWTP(Waste Water Treatment.Plant)-CHEMICAL#6: SODIUM HYPOCHLORITE 12.5% Sodium Hypochlorite 12.5%must meet the following specifications: 1)Estimated usage—July through June—(9)Totes, 300-330 gallons per tote, 2,970 gallons (if 330 gal/tote). Estimated usage for 2-year contract is 5,940 gallons. 2)Currently an order is placed for 2-3 totes per order. 3)Deliver to the City of Ashland,Waste Water Treatment Plant, located at 1195 Oak Street,Ashland, Oregon. Totes need only to be dropped off at WWTP,no pumping is required. 4)Bids must be in the form of dollars per gallon. Manufacturer O Number of gallons per tote July 2019 -June 2020 July 2020 -June 2021 Price per gallon (gal) $ $ Cost per tote $ $ Cost per load/order- (2) Totes $ $ Delivery charge per order $ $ Comments: TTB—Chemicals for WTP&WWTP,Page 15 of 26,04/01/2019 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,4,300 Lbs. Estimated usage for 2-year contract is 8,600 Lbs. 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 1 r c v Number of bags per pallet 40 July 2019 -June 2020 July 2020-June 2021 Price per pound (Lb) $ I I IS- $ Cost per order—(1) pallet $ 2, 't 0 • DO $ 2)3 oo • 00 Delivery charge per order $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 16 of 26,04/01/2019 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 AL2O3 —8.3%. 3) Must meet A.W.W.A. specifications. 4) Estimated annual usage—April through November- 80,000 gallons. Estimated usage for 2-year contract is 160,000 gallons. 5) Currently,an order is placed for 4,000 -4,500 gallons every two(2)weeks during the months of April 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 2019-June 2020 July 2020-June 2021 Manufacturer l�Ir_ b 61--K-1 Price per dry ton $, Number of pounds (Lbs.) per gallon Cost per order- 4,500 gallons $ $ Delivery charge per order $ Comments: ITB—Chemicals for WTP&WWTP,Page 17 of 26,04/01/2019 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 2:00:00 PM(PST),Thursday,May 2,2019 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: The bids must be received at the designated address listed above prior to 2:00:00 PM(PST).Thursday May 2.2019. 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 bidder(s)for a term beginning in July 1,2019 and ending June 30,2021. 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 on May 21,2019. ITB—Chemicals for WTP&WWTP,Page 18 of 26,04/01/2019 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: Company name: 1/ Ate • tL Address:1`T?,O0 s _ G`,�"(�\ —� ✓YI��O C� C O� City, State&Zip: 0 0 d I O �q i `1 ' Telephone Lo2C J71amail: 362..bt' ts ('PAL' �v 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 chemical(s)as specified after receipt of 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. Co .orate Officer: B Pi1nt ai • Title:\AL , 'Piro s\ Date: q---a0-101 0-10 ITB—Chemicals for WTP&WWTP,Page 19 of 26,04/01/2019 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". S en Yes,I certify that I am a"Resident bidder"as defined by ORS 279A.120. No,l certify that I am not a"Resident bidder"as defined by ORS 279A.120. I am domiciled in the State of Dr l (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. C rporate By: — _ Signa', ilipAt. gr. Print Nam - Title:\ Cf Red e_, Date: —l--- -- k6\ ITB—Chemicals for WTP&WWTP,Page 20 of 26,04/01/2019 EXHIBIT C Contract for Goods and Services CITY OF CONTRACTOR: ASH LAN D CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: DATE AGREEMENT PREPARED: FAX: 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 Gity 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 279B.220,279B.225, 279B.230, 279B.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 $21,127.46 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: ITB—Chemicals for WTP&WWTP,Page 21 of 26,04/01/2019 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 b. General Liability insurance with a combined single limit, or the equivalent, of not less ITB—Chemicals for WTP&WWTP,Page 22 of 26,04/01/2019 • $2,000,000 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 $1,000,000 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 o tractor by the signature herein of its authorized representative, hereby Oregon filed in Jackson County, Oregon. C n y g P 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 C-A and herein incorporated by reference. 22. Consultant's compliance with Oregon Tax Law: (1) Consultant represents and warrants to the City that Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. (2)Consultant represents and warrants that,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement, it has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules, regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. ITB—Chemicals for WTP&WWTP,Page 23 of 26,04/01/2019 • Contractor: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 to be submitted with the signed contract. Purchase Order No. ITB—Chemicals for WTP&WWTP,Page 24 of 26,04/01/2019 EXHIBIT C-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: (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 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. Contractor (Date) ITB—Chemicals for WTP&WWTP,Page 25 of 26,04/01/2019 EXHIBIT C-B CITY OF ASHLAND. OREGON City of Ashland LIVING. ALL employers described below WAG E must comply with City of Ashland taws regulating payment of a living wage_ $15.12 per hour, effective June 30, 2018. The Living Wage is adjusted annually every Zia June 30 by the Consumer Price index. Employees must be paid a of business of heir empbyrer.if 401K and IRS eligible cafeteria living wage: tie employer has ltn or more pta s[including childcare) employees,and has received beneity b llie amovntof financial assistance tor tie wages receili d by he projector busiiess tom tie employee. For all hours worked under a, City ofl Ashland ir'Lexcess t s_eruce contactbelen heir employe/and City of $21,127.46_ ; Note: For temporary and shad if be contract part-lime employees,tie exceeds X21,127_46 or tare. > their employer is be City of Ling Wage does not appty Ashland,including tie Parks b ilre first 1040 hours worked For all hours ucortce worked n a and Recrealon Department in any calendar year. For moons i e employee spends more detest;please see 5(%or more ofte > h cal:Watng tie living wage, Ashland[itunicVal Code employee's irree tat[ nii employers may add be value Seclon 3.12.020_ marking on a projector pcartonf heal care,.reneierfiy For additional information: Cal the Ashland City Admiiistratoi~'s office at i ii-6,002 or write to the City Administrator, City Hall; 20 East Main Street, Ashland,, OR 9752Q or visit the City's websife at www.asiland.orms. Notice to Employers,_This notice m st;be posted predoin iiaatly in areas where it can be seen by al employees. CITY OF ASHLAND 1TB—Chemicals for WTP&WWTP,Page 26 of 26,04/01/2019 Purchase Order Fa. Fiscal Year 2020 Page: 1 of: 1 H B City of Ashland ATTN: Accounts Payable L 20 E. Main Purchase L 20200021 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Water Treatment Plant E NORTHSTAR CHEMICAL, INC I 90 North Mountain Ave N PO BOX 6860 P Ashland, OR 97520 0 PORTLAND, OR 97228-6860 Phone: 541/488-5345 R T Fax: 541/552-2329 0 - _ Gre• Hunter 06/19/2019 3463 FOB ASHLAND OR/NET30 Cit Accounts Payable -- • , Vi1J:. rfo t feTz VVTP Chemicals 1 VVTP Chemicals ITB#2019-101 9 ORDR $2,240.0000 $20,160.00 Manufacturer: Northstar Chemical#2 Moe 106 PWG Flocculent Pricing for July 2019 to June 2020 $2,240.00 ($1.12 per pound, Cost per 500Lb drum $560.00, Four (4) drums per order, no additional delivery charge) Project Account: 2 Pricing for July 2020 to June 2021 9 ORDR $0.0100 $0.09 $2,240.00 ($1.12 per pound, Cost per 500Lb drum $560.00, Four (4) drums per order, no additional delivery charge) Project Account: GL SUMMARY 081900 -601500 $20,160.09 - - — By L/1 (4 4 Date. 1 I ? Authorized Signature $20,160.09 ' rF0RM #3 CITY OF ASH LAN D REQUISITION 7-D D 0 lge6frequest: 6-6-19 Required date for delivery: 7-1-19 Vendor Name NORTHSTAR CHEMICAL Address,City,State,Zip 14200 SW TUALATIN-SHERWOOD ROAD SHERWOOD,OR. 97140 Contact Name&Telephone Number CARLA TAYLOR 503-505-9668 Email address MSweeney @northstarchemical.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ® Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 5-21-19 ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached ❑ Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 2019-2020 9 ORDERS 4 DRUMS I ORDER MOE106 PWG FLOCCULANT AID $2,240.00 $20,160.00 1 2020-2021 9 ORDERS 4 DRUMS I ORDER MOE106 PWG FLOCCULANT AID $2,240.00 $20,160.00 2 ❑ Per attached quote/proposal TOTAL COST $40,320.00 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,I certifyihat the City's public contracting requirements have been satisfied. Employee: 1/71.' C Department Head: J—' L4"A rl oJri.0 ZO r /'- � �� Tthan$5,000) Department Manager/Supervisor: City Administrator: ' �� A jj ,, (Equal to or greater an$25,000) Funds appropriated for current fiscal year: / NO (,G' i f& L ,;��,,,w Fin e Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition Council Business Meeting May 21 , 2019 Agenda Item ITB - Chemicals for Water and Wastewater Treatment Plants Paula Brown, PE Public Works Director From Greg Hunter Water Treatment Plant Supervisor David Gies Wastewater Treatment Plant Supervisor paula.brown @ashland.or.us 541-552-2411 Contact greq.hunterc ashland.or.us 541-488-5345 david.gies@ashland.or.us 541-552-2335 SUMMARY Chemicals are required to maintain consistent water quality at the Water Treatment Plant and for compliance with National Pollutant Discharge Elimination System (NPDES)permit requirements at the Wastewater Treatment Plant. Approving the 2019-2021 biennium public contract awards for these chemicals will allow the City's Water Treatment Plant Supervisor and Wastewater Treatment Plant Supervisor to procure the chemicals required to maintain consistent plant operations. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: Goal 1: Develop current and long-term budgetary resilience - Continue to improve the budget process: transparency, rigor, innovation, community involvement, and collaboration Goal 2: Analyze City departments/programs to gain efficiencies,reduce costs and improve services - Implement a cost recovery plan and analysis for each department that coincides with the annual review of fees and charges and revenues Goal 3: Enhance and improve transparency & communication Maintain Essential Services Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION The previous public contracts awarded for these chemicals resulting from an ITB were approved by the City Council on June 6, 2017 for a term that began July 1, 2017 and will end on June 30, 2019. BACKGROUND AND ADDITIONAL INFORMATION A formal competitive sealed bid(Invitation to Bid or ITB) is facilitated each biennium to procure chemicals that are used at the Water and Wastewater Treatment Plants because the total cost for these chemicals exceeds $100,000.00. Ten(10)bids were received and individual contracts for each of the eight(8) chemicals will be awarded to the lowest responsible and responsive bidders. The ITB allows multiple contracts to be awarded and public Page 1 of 2 C I T Y O F ASHLAND contracts will be awarded to five(5) of the bidders for one or more chemicals. The term for these public contracts will begin on July 1, 2019 and end on June 30, 2021. In accordance with AMC 2.50.080(C),the City Council acting as the Local Contract Review Board is required to approve the award of public contract(s)resulting from a formal competitive sealed bid. The bid tab is attached for your review. The City's intent is to award chemical contracts to the lowest responsive and responsible bidders as follows: Water Treatment Plant Bidder Cost Estimate Cost Estimate FY 2020 FY 2021 Chemical#1 SODIUM HYPOCHLORITE 12.5%+LOW Cascade Columbia $39,060.00 $39,960.00 SALT,FILTERED Distribution Co. CYTEC SUPERFLOC C-573 Chemical#2 FLOCCULANT—OR-NORTHSTAR MOE Northstar Chemical $13,440.00 $13,440.00 106 PWG FLOCCULANT(No Substitution) Chemical#3 CYTEC SUPERFLOC N-300 LMW Univar USA,Inc. $3,480.00 $3,780.00 FLOCCULANT(No Substitution) Chemical#4 SODA ASH,DENSE,FREE FLOWING—Or Cascade Columbia $32,940.00 $34,425.00 Equivalent Distribution Co. SODIUM CARBONATE Helena Agri-Enterprises $8,640.00 to $8,640.00 to Chemical#5 PEROXYHYDRATE,FREE FLOWING— LLC $25,920.00 $25,920.00 "GREENCLEAN"Or Equivalent Waste Water Treatment Plant Bidder Cost Estimate Cost Estimate FY 2020 FY 2021 Chemical#6 SODIUM HYPOCHLORITE 12.5% Cascade Columbia $5,859.00 $5,994.00 Distribution Co. Chemical#7 CITRIC ACID(50 Lb.Bags) Univar USA,Inc. $4,850.00 $5,100.00 Chemical#8 ALUMINUM SULFATE Eco Services $88,544.88 $88,544.88 FISCAL IMPACTS Funds are budgeted each fiscal year for chemicals. Water Treatment Plant FY 2020 - $223,000.00 FY 2021 - $223,000.00 Wastewater Treatment Plant FY 2020 - $140,000.00 FY 2021 - $145,000.00 STAFF RECOMMENDATION Staff recommends public contracts be awarded for these chemicals as outlined above and on the attached bid tab. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1. I move to approve the public contract awards for chemicals ATTACHMENTS ITB #2019-101 Bid Tab for Chemicals for Water& Wastewater Treatment Plants Page 2 of 2 CITY OF ASHLAND