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HomeMy WebLinkAbout2019-211 20200019 Eco Services Operations Corp T Contract for Liquid Aluminum Sulfate (Water Treatment Plant) 4,4 CONTRACTOR: Eco Services Operations Corp. CITY OF AS H LAN D CONTACT: John Mairena, Business Manager Tom Matus, Sales Representative 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2002 Timberloch Place, Suite 300 Telephone: 541/488-6002 The Woodlands, TX 77380 Fax: 541/488-5311 TELEPHONE: 844-812-1812 (Tom Matus 951-520-3288) EMAIL: thomas.matus @eco-services.com EFFECTIVE DATE: July 1, 2019 COMPLETION DATE: June 30, 2021 COMPENSATION AND GOODS AND SERVICES TO BE PROVIDED: Water Treatment Plant— Liquid Aluminum Sulfate (Liquid Alum)Technical Grade Manufacturer: Eco Services Price/dry ton: $477.82 per dry short ton Pricing is effective from 07/01/2019 to 06/30/2020 The bid submitted by Eco Services is attached as Exhibit C. This"Contract-specific Special Procurement"was approved by the City Council on May 21, 2019. 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.. 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). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, Contract for Liquid Aluminum Sulfate(Water Treatment Plant), Page 1 of 6 • 1 1 • judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to 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. (.4(.._ iii. The rights and-remedies-o rs tio-r4 -are-not exolusive ap$a,re 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 Contract for Liquid Aluminum Sulfate(Water Treatment Plant), Page 2 of 6 4. provide Oregon workers' compensation coverage for all their subject workers 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 Effective Date 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. Contract for Liquid Aluminum Sulfate(Water Treatment Plant), Page 3 of 6 Contractor: City of Ashland By By Sig ature Department Head bfizAJD Print Name Print Name 6/26//1 Title Date W-9 to be submitted with the signed contract. Purchase Order No. AP- 0 DST. 0�,,•,' Ashland Ci •ttomey Date 5-_2't i 5 Contract for Liquid Aluminum Sulfate(Water Treatment Plant), 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 bj 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. Contractor (Date) p141- ,,zLi Contract for Liquid Aluminum Sulfate (Water Treatment Plant), Page 5 of 6 CITY OF ASHLAND , OREGON EXHIBIT B Cit y of Ashland LIVING ALL employers described Way E below must comply with City of Ashland laws regulating •a ment of a livin• wa•e. $15.12 per hour effective June 30, 2018 /r, (Increases annually every June 30 by the Consumer Price Index) Employees must be paid a portion of business of their 401 K 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, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, 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. CITY OF ASH LAN D Contract for Liquid Aluminum Sulfate(Water Treatment Plant), Page 6 of 6 s , . „ y ECOSERVICES May 6,2019 CITY OF ASHLAND Ashland Service Center 90 N.Mountain Avenue Ashland,Oregon 97520 Eco Services Operations Corp.is pleased to submit the following proposal for your requirements: Liquid Aluminum Sulfate,(Liquid Alum)Technical Grade Price/dry ton: $477.82 per dry short ton FOB: Prepaid and add Terms: Net 30 Days from date of invoice Pricing is effective from 7/1/19 to 6/30/20 This pricing is effective from date of bid acceptance. Attached you will find copies of: Eco Services Operations Corp.'s Terms and Conditions NSF Certification Product Specifications SDS Insurance Coverage To Place an order(24 hours a day): Jessica Dunn- 800 642-4200 or Jessica.dunn @eco-services.com Sales Representative: Tom Matus 951-520-3288 or Thomas.Matus@ ECO-Services.com Please note our office location:2002 Timberloch Place,Suite 300,The Woodlands,TX 77380 Emergency Phone Numbers: FOR EMERGENCIES INVOLVING A SPILL,LEAK,FIRE,EXPOSURE OR ACCIDENT CONTACT: CHEMTREC(800-424-9300 within the United States or 703-527-3887 for international collect calls) Please do not hesitate to contact me if you require further information. Sincerely, John Mairena Business Manager,Sulfur Products Eco Services Operations/2002 Timberloch Place I Suite 300/The Woodlands, TX 77380 I(844)812-1812 ECOSERVICES Eco Services Operations/2002 Timberloch Place/Suite 300/The Woodlands, TX 77380/(844)812-1812 2019 GENERAL TERMS AND CONDITIONS 1. Seller will make all reasonable efforts to supply material at the time and day specified by Buyer. Provided such efforts have been or are being made, Seller shall not be deemed to be in breach of the Contract for failure to deliver at the specified time or on the specified date. 2. Each shipment shall constitute a separate and independent transaction and Seller may recover for each such shipment without reference to any other. If Buyer is in default with respect to any terms or conditions of this contract,then,in addition to any other legal remedy available to Seller, Seller may, at its option, defer further shipments hereunder until such default be remedied (in which event Seller may elect to extend the contract period for a time equal to that for which shipments were so deferred), or, Seller may decline further performance of this contract. 3. In case of a dispute concerning the weight of Product delivered in bulk carload or tank car shipments, shipper's weight, certified to by sworn Weigh-master,shall govern absent manifest error. 4. Determination of the suitability of the Product supplied hereunder for the uses and applications contemplated by Buyer and others shall be the sole responsibility of Buyer. All warranties by Seller pertaining to the Product are expressed in this paragraph. Seller warrants that the Product delivered hereunder meets AWWA standards. SELLER MAKES NO OTHER EXPRESS WARRANTIES;THERE ARE NO IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER ASSUMES ALL RISK AND LIABILITY FOR ALL LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM(I)THE USE OF SAID PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE(II)THE HANDLING AND DISPOSAL OF THE PRODUCT. 5. No claim of any kind,whether as to Product delivered or for non-delivery of Product, and whether arising in tort, contract or otherwise shall be greater in amount than the purchase price of the Product in respect of which such damages are claimed;and the failure to give written notice of claim within thirty(30)days from date of delivery,or the date fixed for delivery, as the case may be, shall constitute a waiver by Buyer of all claims in respect of such Product. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION BUYER'S MANUFACTURING COSTS, LOST PROFITS OR GOOD WILL, REGARDLESS OF THE FORM OR BASIS OF ANY ACTION. 6. Buyer shall reimburse Seller for all taxes,increases in or new taxes,excises or other charges which Seller may be required to pay to any governmental authority(national,state,provincial or local)upon,or measured by,the sale,production,transportation or use of any Product sold hereunder. Unless otherwise agreed to by Buyer in such credit application, interest on all sums past due from Buyer hereunder shall accrue and be payable by Buyer at the lesser of the maximum lawful rate and the prime interest rate quoted by Citibank, N.A., New York, New York,plus 2%. 7. Neither party shall be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond the reasonable control of the party affected, including but not limited to,acts of God,acts of terrorism,fires, floods, wars, sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law,order,rule or regulation of government agency or authority,or inability to obtain material(including power and fuel), equipment or transportation. The affected party may omit purchases or deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the quantities so omitted. During any period when Seller shall be unable to supply the total demands for any Product provided for in this contract,whether caused by the circumstances specified above or otherwise, Seller may allocate any available Product among all buyers including its own divisions and departments, on such basis as it may deem fair and practical. 8. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and there are no understandings, representations or warranties of any kind, express or implied, not expressly set forth herein. No modification of this Contract shall be of any force or effect unless such modification is in writing and signed by the party to be bound thereby;and no modification shall be effected by the acknowledgment or acceptance of purchase order forms containing terms or conditions at variance with those set forth herein. 9. Seller's waiver of any breach,or failure to enforce any of the terms and conditions of this contract,at any time,shall not in any way affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Seller of any payment after the specified due date shall not constitute a waiver of the Buyer's obligation to make further payments on the specified dates. �'� x_ _, 10. The Buyer and Seller agree that this Contract shall be deemed to have been made and executed in the State of 6ekfetm H'L42 and that any dispute arising under this contract shall be resolved in accordance with the laws of the State of Celif,,r,,ia excluding any choice of law principles thereof. 4 11. Seller shall indemnify, defend and hold harmless (the "Indemnifying Party") Buyer, its subsidiaries, affiliates, thgir respective officers, directors, employees, agents, and any of them (each an "Indemnified Party"), from and against any and all liabilities, demands, damages, losses,costs, expenses, including without limitation attorneys'fees, resulting from the actual or threatened claims of third parties(the"Claims")to the extent that such Claims are attributable to the breach of this Contract by, or the negligent or willful misconduct of, the Indemnifying Party. The Indemnified Party shall notify the Indemnifying Party in writing with reasonable promptness upon the occurrence of any fact or circumstance concerning a Claim against which the Indemnified Party is indemnified hereunder. The Indemnifying Party shall diligently defend any such Claim at its expense with counsel of its choice but shall not have the right to settle such Claim without the prior written consent of the Indemnified Party. 12. Seller shall provide and maintain during the performance of its work hereunder, insurance as described below with insurers rated A-, Class VII or better by A.M. Best Company. ' ECOSERVICES Eco Services Operations/2002 Timberloch Place/Suite 300/The Woodlands,TX 77380/(844)812-1812 A.Workers'Compensation insurance as prescribed by applicable state Workers'Compensation acts to provide statutory coverage. B. Employers'Liability insurance to include$1,000,000 limit per employee,$1,000,000 per accident and$1,000,000 in the aggregate. C.Commercial General Liability insurance with$2,000,000 per occurrence limit for bodily injury, property damage, personal and advertisers injury,$2,000,000 aggregate limit for products/completed operations and a$2,000,000 general aggregate limit. This Commercial General Liability insurance to include coverage for the hazards of contractual liability and sudden and accidental pollution. This limit can be achieved through the combination of primary and/or excess liability coverage. D. Business Automobile Liability insurance including comprehensive third party coverage for injury,including death and property damage with a combined single limit of$2,000,000 per occurrence including coverage for owned, non-owned and hired vehicles.This limit can be achieved through the combination of primary and/or excess liability coverage. If requested by Buyer in writing,Seller shall deliver a certificate of insurance evidencing the above coverage. The certificate shall provide that Seller shall endeavor to notify Buyer with at least thirty(30)days prior notice of any cancellation or termination of the policies. Seller may either utilize deductibles or provide coverage excess of a self-insured retention. 13.PRODUCT STEWARDSHIP AUDITS:Seller shall have the right, upon advance written notice to Buyer and during Buyer's normal business hours,to visit Buyer's facilities to inspect and audit Buyer's storage, handling,manufacturing,use, health,safety and/or environmental practices and procedures with respect to the Product delivered hereunder. If Buyer does not promptly remedy any deficiencies in these practices and procedures reasonably identified by Seller,or,if within 30 days after receiving notification of deficiency from Seller,Buyer does not present to Seller a written plan to remedy any deficiency which cannot be remedied promptly,or if Buyer does not comply with its remediation plan,then Seller may terminate this contract for breach by Buyer. Buyer acknowledges that the foregoing inspection and audit rights in no way relieves Buyer of any of its obligations hereunder or at law,nor shall Seller be required to conduct any such inspection and audit." Product Specifications are attached as Exhibit A. TERMS: Net cash 30 days from date of invoice. SPECIAL CONDITIONS:Title and risk of loss will pass on delivery. This agreement to become effective when signed and returned by the Buyer within thirty days of the date of execution by the Seller. If not signed and returned within thirty days,this proposal is withdrawn. BUYER Eco Services Operations Name Name Signed Si ( � g ne , r'��f 'i S Title Title 9 Date C/�`(` Date . •t - • - :: - o .- - - • .. . .• _ • _ _Q _ . .• . .. . . . - • • GL al �'� �d-n g�Y' X11 m �- 1" z • • NSF International 789 N. Dixboro Road,Ann Arbor, MI 48105 USA RECOGNIZES Eco Services Operations LLC Facility: Portland, OR AS COMPLYING WITH NSF/ANSI 60 AND ALL APPLICABLE REQUIREMENTS. PRODUCTS APPEARING IN THE NSF. OFFICIAL LISTING ARE AUTHORIZED TO BEAR THE NSF MARK. • MIST• TM CcnificationProgram Certification Program Acercdrtcti by the Aceredited by the AmazicenNatioesl Standards Coanal • Standards!nstiture of Canada • This certificate is the property of NSF lntemationatand must be returned upon request.For the most current and complete information,please access NSFs website(tivw cns£org). • • December 19,2014 David Puridss Certifivate#43842-02 General Manager,Water Systems . NSF International 789 N.Dixboro Road,Ann Arbor, MI 48105 USA • RECOGNIZES Ece Services Operations LLC • Facility: Long Beach, CA AS COMPLYING WITH NSF/ANSI 60 AND ALL APPLICABLE REQUIREMENTS. PRODUCTS APPEARING IN THE NSF OFFICIAL LISTING ARE AUTHORIZED TO BEAR THE NSF MARK. • • AAPST • • =�=M • OO Cectiepfion Pro by a Accreditted by the Ac¢cdflM the Maori=National StandardsCc,ncd Standatdslasdtnte ofCancde This certificate is tbepwperty afNSF IntemationaI andmust be returned aponretpuest For the most muted and complete information,please access NSFFwebsite(wwswsEorg). December 19,20I4 David Pnrk1ss Certificate#4384I-03 General Manager,Water Systems i re L Product Data Sheet ECOSERVICES Aluminum Sulfate, Solution Technical Grade • Formula ••Al2(SO4)3 (in aqueous solution) Nomenclature • Aluminum Sulfate; Solution Liquid Alum CAS Number 10043-01-3 CAS Index Name Sulfuric Acid, Aluminum Salt (3:2) Molecular Weight 342.2 (solute) Description Aluminum Sulfate, Solution, technical grade is a clear, water white to slightly yellow-brown liquid. It complies with the standards of the American Water Works Association 8403-98. It has been certified by the National Sanitation Foundation (NSF)for use in the treatment of drinking water at a maximum dosage of 150 mg/L(dry basis). Specifications Assay As available Water Soluble Al2O3: 8.0% min. As Aluminum Sulfate,Anhydrous Al2(SO4)3 26.9% min. Water Soluble Iron (as Fe2O3) 0.35% max. Water insolubles: 0.2% max. Note: Depending on local requirements, solutions of variable acidity or basicity may be produced, as well as lower assay. Typical For 8.25%AI2O3 solution:Density(lb. per gal. @ 60°F): 11.074 Concentration (lb. of dry alum (17%Al2O3) per gal.): 5.37 Concentration (lb. AI2(SO4)3 per gal.) 3.07 Freezing point(crystallization): 4°F pH (acidic to basic) 0.2 to 2.5 pH 1% solution (acidic to basic) 2.2 to 4.0 Containers 24-ton net weight Tank Trucks Uses Chemical: In leather tanning,fur dressing, and catalyst manufacturing Pulp and Paper: In the manufacture of paper Textiles: As a mordant in dyeing Water Treatment:The treatment of water and waste water in coagulation,flocculation and phosphorous removal Rev: 10/14 SAFETY DATA SHEET ECOSERVICES ALUMINIUM SULFATE SOLUTION Revision Date 05/09/2016 SECTION 1:Identification of the substance/mixture and of the company/undertaking 1.1 Product identifier - Trade name ALUMINIUM SULFATE SOLUTION 1.2 Relevant identified uses of the substance or mixture and uses advised against - no data available 1.3 Details of the supplier of the safety data sheet Company Eco Services Operations 2002 Timberloch Place Suite 300 The Woodlands,TX 77380 Phone number:(844)812-1812 1.4 Emergency telephone FOR EMERGENCIES INVOLVING A SPILL, LEAK,FIRE, EXPOSURE OR ACCIDENT CONTACT: CHEMTREC 800-424- 9300 within the United States and Canada,or 703-527-3887 for international collect calls. SECTION 2: Hazards identification Although OSHA has not adopted the environmental portion of the GHS regulations,this document may include information on environmental effects. 2.1 Classification of the substance or mixture HCS 2012(29 CFR 1910.1200) Corrosive to Metals, Category 1 H290: May be corrosive to metals. Serious eye damage,Category 1 H318: Causes serious eye damage. 2.2 Label elements HCS 2012(29 CFR 1910.1200) Pictogram � 1 Signal Word - Danger Hazard Statements - H290 May be corrosive to metals. - H318 Causes serious eye damage. Precautionary Statements Prevention - P234 Keep only in original container. - P280 Wear eye protection/face protection. Response - P305+ P351 +P338 IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. - P310 Immediately call a POISON CENTER or doctor/physician. PRC090003516 Version: 1.04 / US(Z8) ECOSERV10ES 1/13 SAFETY DATA SHEET �/CC SERr ICES L W T y� _ llTO �UM J•� SQL I SUL Revision:. US(EN) Issuing date:02/25/2016 — k Precautionary Statements: Prevention P234 Keep only in original container. 1 P280 Wear eye protection/face protection. Response P305+P351 + P338 IF IN EYES:Rinse cautiously with water for several minutes.Remove contact lenses,if present and easy to do.Continue rinsing. P310 Immediately call a POISON CENTER or doctor/physician. P390 Absorb spillage to prevent material damage. Storage P406 Store in corrosive resistant stainless steel container with a resistant iniiner. Disposal 2.3 Other hazards which do not result in classification no data available SECTION 3:Composition/information on ingredients 3.1 Substance Not applicable,this product is a mixture. 3.2 Mixture ' x Hazardous Ingredients and Impurities Identification number Concentration['id Chemical Name CAS-No. Aluminium sulfate 10043-01-3 26.8 Non Hazardous ingredients and Impurities Identification number Chemical Name CAS-No. Concentration[%] Water 7732-18-6 73.2 - t 1 •-.�_r,-u::.:_.,...,�.:...:::•:,.:•, to -.- �,:�;.�u'�::;i_...•. .,_:;.,•.:;o:?.'•�ss'E+ _- ::t, w_��Ta r=c..;;` :��. ,.;�r:;-:�:rsz.,c��"v'%•;��7�;�`'i'`••�:F�:;;:;:+,_;? ,..:;:..;.•Lar..,•�.,........ ...•...•.:::2...nxy;}�...'....•_..:.::...-:.:. _,z5; ,,.a_c�.� 7a�;,r`i.,,•`3w.'`�.>�s:�si�i; _4..'`'`�xo'.;�:,�., �#,:--�^�:nw :ii'.�.... p ;��,.;`F:<.=r,—;yvt•:;., -.;r,:s. .i{.•:.5"-3. ..;s 52:. .1 C:-c� - -n.% _'S:`s= a�....••.,5�.;�;ti_:,. :a'C,�,•`��t-a�{=."�. ¢ .., .. �Y,,��:. :c'S, ... e ..YS'tr�•'S/*St:J.x,.t.3F'� ;.@1':;�;^....,cxs R£;y...:+.....�'.,,....c...',...t..-rS'�..- .:51-::ir.`.rtyy.,.:.:4^ ;.: SAFETY DATA SHEET ECOSERVICES SULFATE ALUMINIUM SOLUTION Revision: . US(EN) Issuing date:02/25/2016 SECTION 4: First aid measures 4.1 Description of first-aid measures If inhaled : If inhaled,remove to fresh air. If breathing is difficult, give oxygen. If victim has stopped breathing: administer CPR(cardio-pulmonary resuscitation) Immediate medical attention is required. Skin contact : In case of contact,immediately flush skin with plenty of water. Call a physician if irritation develops or persists. Remove contaminated clothing and shoes. Wash contaminated clothing before reuse. Thoroughly clean shoes before reuse. Eye contact : Rinse immediately with plenty of water,also under the eyelids,for at least 15 minutes. Immediate medical attention is required. Ingestion : Do NOT induce vomiting. If victim is conscious: Rinse mouth with water. Do not leave the victim unattended. Risk of product entering the lungs on vomiting after ingestion. Lay victim on side. Never give anything by mouth to an unconscious person. Immediate medical attention is required. 4.2 Most important symptoms and effects,both acute and delayed Risks : Inhalation of product may aggravate existing chronic respiratory problems such as asthma,emphysema or bronchitis Skin contact may aggravate existing skin disease 4.3 Indication of any immediate medical attention and special treatment needed Notes to physician : All treatments should be based on observed signs and symptoms of distress in the patient.Consideration should be given to the possibility that overexposure to materials other than this product may have occurred. SECTION 5: Firefighting measures Flash point : Not applicable Autoignition temperature : Not applicable Flammability/Explosive limit : Lower flammability/explosion limit: Not applicable Upper flammability/explosion limit:Not applicable 5.1 Extinquishinq media 3/15 • SAFETY DATA SHEET ECOSERVICES SULFATE ALUMINIUM SOLUTION Revision: . US(EN) Issuing date:02/25/2016 Suitable extinguishing media Not combustible. Use extinguishing measures that are appropriate to local circumstances and the surrounding environment. 5.2 Special hazards arising from the substance or mixture Specific hazards during fire fighting : Not combustible. Harmful or toxic vapors are released. Corrosive or suffocating vapors are released. 5.3 Advice for firefighters Special protective equipment for fire-fighters : Firefighters should wear NIOSH/MSHA approved self-contained breathing apparatus and full protective clothing. Specific fire fighting methods : Cool containers/tanks with water spray. SECTION 6:Accidental release measures 6.1 Personal precautions, protective equipment and emergency procedures Personal precautions, protective equipment : Wear suitable protective equipment. and emergency procedures 6.2 Environmental precautions Environmental precautions : Do not let product enter drains. If the spill area is porous,the contaminated material must be collected for subsequent treatment or disposal. Retain and dispose of contaminated wash water. Site should have a spill plan to ensure that adequate safeguards are in place to minimize the impact of episodic releases. 6.3 Methods and materials for containment and cleaning up Methods for containment Stop leak if safe to do so. Dam up with sand or inert earth (do not use combustible materials). Decontamination/cleaning : Scrape up. Pump or collect any free spillage into an appropriate closed container. (see Section 7: Handling and Storage) Wash off with plenty of water. Recover the cleaning water for subsequent disposal. 6.4 Reference to other sections Reference to other sections : 7. HANDLING AND STORAGE 8. EXPOSURE CONTROLS/PERSONAL PROTECTION 4 / 15 SAFETY DATA SHEET ECOSERVICES SULFATE ALUMINIUM SOLUTION Revision: . US(EN) Issuing date:02/25/2016 SECTION 7: Handling and storage 7.1 Precautions for safe handling Advice on safe handling and usage : Do not breathe vapors/dust. Do not get in eyes. Avoid any direct contact with the product. Keep container closed when not in use. Avoid spillage on floor as the product can become very slippery when wet. Hygiene measures : Personal hygiene is an important work practice exposure control measure and the following general measures should be taken when working with or handling this materials: 1) Do not store, use,and/or consume foods, beverages,tobacco products, or cosmetics in areas where this material is stored. 2)Wash hands and face carefully before eating, drinking, using tobacco, applying cosmetics, or using the toilet. 3)Wash exposed skin promptly to remove accidental splashes or contact with material. 7.2 Conditions for safe storage, including any incompatibilities Storage conditions Recommended : Store in an area: dry well-ventilated Keep container tightly closed. Storage stability Storage temperature : 5- 120°F (-15-49°C) 7.3 Specific end use(s) no data available SECTION 8: Exposure controls/personal protection Introductory Remarks: These recommendations provide general guidance for handling this product. Because specific work environments and material handling practices vary, safety procedures should be developed for each intended application.While developing safe handling procedures, do not overlook the need to clean equipment and piping systems for maintenance and repairs.Waste resulting from these procedures should be handled in accordance with Section 13: Disposal Considerations. Assistance with selection, use and maintenance of worker protection equipment is generally available from equipment manufacturers. 8.1 Control parameters Ingredients with workplace control parameters Ingredients Value type Value Basis Aluminium sulfate TWA 2 mg/m3 NIOSH Expressed as:Aluminum 5 / 15 • • SAFETY DATA SHEET ICE J G CCOCCR` SULFATE ALUMINIUM SOLUTION JG �/' G Revision: . US(EN) Issuing date:02/25/2016 Aluminium sulfate TWA 2 mg/m3 OSHA Z-1-A Expressed as:Aluminum 8.2 Exposure controls Control measures Engineering measures : Where engineering controls are indicated by use conditions or a potential for excessive exposure exists,the following traditional exposure control techniques may be used to effectively minimize employee exposures: Provide adequate ventilation. Personal protective equipment Respiratory protection : When respirators are required,select NIOSH/MSHA approved equipment based on actual or potential airborne concentrations and in accordance with the appropriate regulatory standards and/or industrial recommendations. Under normal conditions,in the absence of other airborne contaminants,the following devices should provide protection from this material up to the conditions specified by the appropriate local standard(s): In the case of respirable dust and/or fumes, use self-contained breathing apparatus. Eye protection : Eye and face protection requirements will vary dependent upon work environment conditions and material handling practices.Appropriate ANSI Z87 approved equipment should be selected for the particular use intended for this material. Eye contact should be prevented through the use of: Safety glasses with side-shields Skin and body protection : Wear suitable protective clothing, gloves and eye/face protection. Hygiene measures : Personal hygiene is an important work practice exposure control measure and the following general measures should be taken when working with or handling this materials: 1)Do not store,use,and/or consume foods,beverages,tobacco products,or cosmetics in areas where this material is stored. 2)Wash hands and face carefully before eating,drinking,using tobacco, applying cosmetics,or using the toilet. 3)Wash exposed skin promptly to remove accidental splashes or contact with material. Protective measures : Ensure that eyewash stations and safety showers are close to the workstation location. Selection of appropriate personal protective equipment should be based on an evaluation of the performance characteristics of the protective equipment relative to the task(s)to be performed, conditions present,duration of use, and the potential hazards,and/or risks that may occur during use. 6/ 15 • SAFETY DATA SHEET ECOSERVICES SULFATE ALUMINIUM SOLUTION Revision: . US (EN) Issuing date:02/25/2016 SECTION 9: Physical and chemical properties Physical and Chemical properties here represent typical properties of this product. Contact the business area using the Product information phone number in Section 1 for its exact specifications. 9.1 Information on basic physical and chemical properties Appearance : Physical state: liquid Color: colorless to Yellow-brown Odor : odorless Odor Threshold : no data available pH : <2.0-2.2(7.8% (m/v)) Boiling point/boiling range : 214°F(101 °C) (760 mmHg (1,013.25 hPa)) Flash point : Not applicable Evaporation rate (Butylacetate= 1) no data available Flammability(solid,gas) no data available Flammability(liquids) no data available Flammability/Explosive limit : Lower flammability/explosion limit: Not applicable Upper flammability/explosion limit: Not applicable Autoignition temperature : Not applicable Vapor pressure : no data available Vapor density : no data available Density Relative density: 1.3 (61 °F(16°C)) Solubility : Water solubility: miscible Partition coefficient: n-octanol/water : no data available Thermal decomposition : 1202°F (650°C) Viscosity no data available Explosive properties : no data available Oxidizing properties : no data available 7 / 15 r - SAFETY DATA SHEET ECOSERVICES SULFATE ALUMINIUM SOLUTION Revision:. US(EN) Issuing date: 02/25/2016 9.2 Other information Corrosion of Metals : Corrosive to metals Molecular weight 342.14 g/mol SECTION 10:Stability and reactivity 10.1 Reactivity no data available 10.2 Chemical stability Chemical stability : Stable under recommended storage conditions. 10.3 Possibility of hazardous reactions Hazardous polymerization does not occur. 10.4 Conditions to avoid Conditions to avoid : No dangerous reaction known under conditions of normal use. 10.5 Incompatible materials Materials to avoid : Strong bases metals 10.6 Hazardous decomposition products Decomposition products : Sulfur oxides SECTION 11:Toxicological information 11.1 Information on toxicological effects Acute toxicity Acute oral toxicity Aluminium sulfate LD50 : >2,000-<.5,000 mg/kg -Rat Acute inhalation toxicity Aluminium sulfate : By analogy LC50-4 h: >5 mg/I -Rat Acute dermal toxicity Aluminium sulfate : LD50: >5,000 mg/kg -Rabbit Acute toxicity(other routes of administration) : no data available II 8/15 • j SAFETY DATA SHEET- EcOSER 1CCc SULFATE ALUMINIUM SOLUTION G JG Y 1 GJ Revision: . US(EN) Issuing date: 02/25/2016 Skin corrosion/irritation Skin irritation Aluminium sulfate : Rabbit Not irritating to rabbits on cutaneous application. Serious eye damage/eye irritation Eye irritation Aluminium sulfate : Rabbit Irritating to rabbits on ocular application. Respiratory or skin sensitization Sensitization Aluminium sulfate • : By analogy Guinea pig Did not cause sensitization on laboratory animals. Mutagenicity Genotoxicity in vitro Aluminium sulfate : In vitro tests did not show mutagenic effects Genotoxicity in vivo no data available Carcinogenicity Carcinogenicity : no data available This product does not contain any ingredient designated as probable or suspected human carcinogens by: NTP IARC OSHA ACGIH Toxicity for reproduction and development Toxicity to reproduction/fertility Aluminium sulfate : By analogy NOAEL Fl: 1,000 mg/kg no teratogenic effects have been observed Developmental Toxicity/Teratogenicity Aluminium sulfate : By analogy no teratogenic effects have been observed 9 / 15 SAFETY DATA SHEET EC OSERVICES SULFATE ALUMINIUM SOLUTION Revision: . US(EN) Issuing date:02/25/2016 STOT STOT-single exposure Aluminium sulfate Toxicology Assessment: The substance or mixture is not classified as specific target organ toxicant, single exposure. STOT-repeated exposure Aluminium sulfate : Toxicology Assessment: The substance or mixture is not classified as specific target organ toxicant, repeated exposure. Aluminium sulfate : By analogy Oral 28 d-Rat NOAEL: 90 mg/kg Oral 28 d- Rat, males NOAEL: 18 mg/kg Aspiration toxicity Aspiration toxicity : no data available SECTION 12: Ecological information 12.1 Toxicity Aquatic Compartment Acute toxicity to fish Aluminium sulfate : By analogy LC50-96 h : 104 mg/I -Danio rerio(zebra fish) Acute toxicity to daphnia and other aquatic invertebrates. Aluminium sulfate : NOEC-48 h : 160 mg/I -Daphnia magna(Water flea) 12.2 Persistence and degradability Biodegradability Biodegradability Aluminium sulfate : Not applicable, inorganic substance Stability Stability in water Aluminium sulfate : no data available 12.3 Bioaccumulative potential Bioconcentration factor(BCF) Aluminium sulfate : Not applicable 10/ 15 r SAFETY DATA SHEET ECOSERVI'CES SULFATE ALUMINIUM SOLUTION Revision: . US(EN) Issuing date: 02/25/2016 12.4 Mobility in soil no data available 12.5 Results of PBT and vPvB assessment Results of PBT and vPvB assessment Aluminium sulfate : Non-classified PBT substance, Non-classified vPvB substance 12.6 Other adverse effects no data available SECTION 13: Disposal considerations 13.1 Waste treatment methods Product Disposal Advice on Disposal : Chemical additions, processing or otherwise altering this material may make the waste management information presented in this MSDS incomplete, inaccurate or otherwise inappropriate. Please be advised that state and local requirements for waste disposal may be more restrictive or otherwise different from federal laws and regulations. Consult state and local regulations regarding the proper disposal of this material. Waste Code : EPA: Hazardous Waste—YES RCRA: D002-Corrosive waste—(C) Advice on cleaning and disposal of packaging Advice : Rinse with an appropriate solvent. SECTION 14:Transport information Transportation status: IMPORTANT! Statements below provide additional data on listed transport classification. The listed Transportation Classification does not address regulatory variations due to changes in package size, mode of shipment or other regulatory descriptors. DOT 14.1 UN number UN 3264 14.2 Dangerous Good Description UN 3264 CORROSIVE LIQUID,ACIDIC, INORGANIC, N.O.S. (ALUMINUM SULFATE), 8, Ill 14.3 Transport hazard class 8 14.4 Packing group Packing group III Label(s) 8 ERG No 154 11 / 15 • • SAFETY DATA SHEET CweERV10EC SULFATE ALUMINIUM SOLUTION ECOSERV10ES Y ' GJ Revision: . US(EN) Issuing date:02/25/2016 — I 14.5 Environmental hazards NO Marine pollutant 14.6 Special precautions for user Remarks : In the United States, it may be possible to reclassify this material as not regulated via surface transportation because its corrosivity is due solely to its effect on metals(either steel or aluminum)See 49 CFR.173.154(d). This product contains one or more ingredients identified as a hazardous substance in Appendix A of 49 CFR 172.101.The product quantity, in one package,which triggers the RQ requirements under 49 CFR for each hazardous substance is shown. Reportable quantities : RQ substance:Aluminum sulfate RQ limit for substance:5,000 lb RQ limit for product: 18,657 lb TDG 14.1 UN number UN 3264 14.2 Dangerous Good Description UN 3264 CORROSIVE LIQUID,ACIDIC, INORGANIC, N.O.S. (ALUMINUM SULFATE), 8, III 14.3 Transport hazard class 8 14.4 Packing group Packing group III Label(s) 8 ERG No 154 14.5 Environmental hazards NO Marine pollutant IMDG 14.1 UN number UN 3264 14.2 Dangerous Good Description UN 3264 CORROSIVE LIQUID,ACIDIC, INORGANIC, N.O.S. (ALUMINUM SULFATE),8, III 14.3 Transport hazard class 8 14.4 Packing group Packing group III Label(s) 8 EmS F-A, S-B 14.5 Environmental hazards NO Marine pollutant 14.6 Special precautions for user For personal protection see section 8. IATA 12/ 15 SAFETY DATA SHEET ECOSERVICES SULFATE ALUMINIUM SOLUTION Revision: . US(EN) Issuing date:02/25/2016 14.1 UN number UN 3264 14.2 Dangerous Good Description UN 3264 CORROSIVE LIQUID,ACIDIC, INORGANIC, N.O.S. (ALUMINUM SULFATE), 8, III 14.3 Transport hazard class 8 14.4 Packing group Packing group III Label(s): 8 Packing instruction (cargo aircraft) 856 Max net qty/pkg 60.00 L Packing instruction (passenger aircraft) 852 Max net qty/pkg 5.00 L 14.5 Environmental hazards NO Marine pollutant 14.6 Special precautions for user For personal protection see section 8. Note:The above regulatory prescriptions are those valid on the date of publication of this sheet. Given the possible evolution of 9 �Y P P transportation regulations for hazardous materials, it would be advisable to check their validity with your sales office. SECTION 15: Regulatory information 15.1 Notification status United States TSCA Inventory : YES (positive listing) On TSCA Inventory Canadian Domestic Substances List(DSL) : YES (positive listing) All components of this product are on the Canadian DSL. Australia Inventory of Chemical Substances (AICS) : YES (positive listing) On the inventory,or in compliance with the inventory Japan. CSCL- Inventory of Existing and New Chemical Substances : YES (positive listing) On the inventory,or in compliance with the inventory Korea. Korean Existing Chemicals Inventory(KECI) : YES(positive listing) On the inventory,or in compliance with the inventory China. Inventory of Existing Chemical Substances in China(IECSC) : YES (positive listing) On the inventory, or in compliance with the inventory 13 / 15 1 SAFETY DATA SHEET ECOSERVICES SULFATE ALUMINIUM SOLUTION Revision: . US (EN) Issuing date: 02/25/2016 15.2 Federal Regulations SARA 311/312 Hazards Fire Hazard no Reactivity Hazard no Sudden Release of Pressure Hazard no Acute Health Hazard yes Chronic Health Hazard no SARA 313 : This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minimis) reporting levels established by SARA Title III, Section 313. SARA 302 : No chemicals in this material are subject to the reporting requirements of SARA Title III, Section 302. EPCRA-Emergency Planning and Community Right-to-Know CERCLA Reportable Quantity Ingredients CAS-No. Reportable quantity Aluminium sulfate 10043-01-3 5000 lb Unlisted hazardous wastes_Characteristic of Corrosivity • 100 lb SARA 304 Reportable Quantity This material does not contain any components with a section 304 EHS RQ. SARA 302 Reportable Quantity This material does not contain any components with a SARA 302 RQ. 15.3 State Regulations California Prop 65 : This product does not contain any chemicals known to the State of California to cause cancer, birth, or any other reproductive defects. SECTION 16: Other information NFPA-Classification Health : 2 moderate Flammability : 0 minimal Instability or Reactivity : 0 minimal HMIS-Classification Health : 2 moderate Flammability : 0 minimal Reactivity : 0 minimal 14 / 15 • • d • SAFETY DATA SHEET SULFATE ALUMINIUM SOLUTION ECOSERVICES Revision: . US(EN) Issuing date: 02/25/2016 Further information Date Prepared : 11/20/2014 Further information : Product classified under the US GHS format. Key or legend to abbreviations and acronyms used in the safety data sheet TWA : 8-hour time weighted average ACGIH : American Conference of Governmental Industrial Hygienists OSHA : Occupational Safety and Health Administration WHMIS Workplace Hazardous Materials Information System NTP : National Toxicology Program IARC : International Agency for Research on Cancer SAEL Solvay Acceptable Exposure Limit NIOSH : National Institute for Occupational Safety and Health p Y NFPA : National Fire Protection Association HMIS : Hazardous Materials Identification System (Paint&Coating) The information provided in this Safety Data Sheet is correct to the best of our knowledge, information,and belief at the date of its publication. Such information is only given as a guidance to help the user handle, use, process, store, transport, dispose,and release the product in satisfactory safety conditions and is not to be considered as a warranty or quality specification. It should be used in conjunction with technical sheets but do not replace them.Thus,the information only relates to the designated specific product and may not be applicable if such product is used in combination with other materials or in another manufacturing process, unless otherwise specifically indicated. It does not release the user from ensuring he is in conformity with all regulations linked to its activity. 15 / 15 A°/2°® CERTIFICATE OF LIABILITY INSURANCE DATE(ZMD0018> 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 NAME: •O Aon Risk Services Central, Inc. PHONE Philadelphia PA Office (NC.No.Exq: (866) 283-7122 FAX No.): (800) 363-0105 one Liberty Place E-MAIL -5 1650 Market Street ADDRESS: O Suite 1000 Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Greenwich Insurance Company 22322 ECO Services Operations Corp. INSURER B: XL Insurance America Inc 24554 2002 Timberloch Place Suite 300 INSURER a Navigators Insurance Co 42307 The woodlands Tx 77380 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570074178402 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR -ADDL SUBR POUCYEFF TYPE OF INSURANCE INSD VD POLICY NUMBER (MMID POLICY EXP W LI /EFF f MM DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY RGE300138601 12/15/201 12/15/2019 EACH OCCURRENCE 81,000,000 SIR applies per policy terns & conditions $1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) MED EXP(Any one person) 810,000 PERSONAL 8,ADV INJURY $1,000,000 0 GEN'LAGGREGATE PLIMIIT APPLIES PER: GENERALAGGREGATE $3,000,000 c X POLICY I I JECT I ILOC PRODUCTS-COMP/OPAGG $3,000,000 OTHER: N- A AUTOMOBILE LIABILITY RAD943789101 12/15/2016 12/15/2019 COMBINED SINGLE LIMIT S2,000,000 (Ea accident) • X ANY AUTO BODILY INJURY(Per person) O OWNED '—SCHEDULED Z AUTOS ONLY _AUTOS BODILY INJURY(Per accident) y HIRED AUTOS NON-OWNED PROPERTY DAMAGE v ONLY AUTOS ONLY (Per accident) — C X UMBRELLALIAB X OCCUR NY18UMR702538QN 12/15/2018 12/15/2019 EACH OCCURRENCE 510,000,000 0 EXCESS LIAB CLAIMS-MADE AGGREGATE 510,000,000 DED RETENTION B WORKERS COMPENSATION AND RWD300138701 12/15/2018 12/15/2019 PER OTH- EMPLOYERS'LIABILITY Y/N X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N I E.L.EACH ACCIDENT S2,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S2,000,000 If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 82,000,000— ab DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Ashland is Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability and Auto Liability policies. aJ 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF.THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland AUTHORIZED REPRESENTATNE 90 N. Mountain Avenue Ashland OR 97520 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD r t 4 POLICY NUMBER: RGE3001386-01 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. i I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 T • • , • POLICY NUMBER: RGE3001386-01 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. • • • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. • A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage or "personal and advertising• injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: • 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However. • This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 0413 ©Insurance Services Office, Inc., 2012 . Page 1 of 1 rff4111 A Purchase Order /r Fiscal Year 2020 Page: 1 of: 1 B City of Ashland ei[a3* ing; (OMQ �JNJIENT& I ATTN: Accounts Payable Purchase L Man 97520 Order# 20200019 T Phone: 541/552-2010 O Email: payable @ashland.or.us V H C/O Water Treatment Plant E ECO SERVICES OPERATIONS CORP I 90 North Mountain Ave N 300 LINDENWOOD DRIVE p Ashland, OR 97520 O MALVERN, PA 19355 Phone: 541/488-5345 R T Fax: 541/552-2329 E -_ —= ,._ .:_i nd`jb_i'1'�_. I{ _.. -l_�_� ! i els ;--1 s Smen 06/19/2019 1329 FOB ASHLAND OR/NET30 Cit Accounts Pa able oaf -44g1 47=17:100i=_ _. WTP Liquid Aluminum Sulfate 1 WTP Chemical 9 LOAD $5,733.8400 $51,604.56 Liquid Aluminum Sulfate (Alum)Technical Grade Manufacturer: Eco Services Price/Dry ton: $477.82 per dry short ton 50,000 LBS, 4,500 GALLONS/LOAD Pricing is effective 07/01/2019 to 06/30/2020 Contract for Aluminum Sulfate (WTP) Completion date: 06/30/2020 Project Account: GL SUMMARY 081900 -601500 $51,604.56 B etk t1`Lft Date: ( ) o/('. Authorized Signature _•:P __---; $51 604.56 [ F0R1V1 #3 CITY OF ASHLAND REQUISITION Date of request: 6-6-19 Required date for delivery: 7-1-19 Vendor Name ECO SERVICES Address,City,State,Zip 2002 TIMBERLOCH PLACE SUITE 300 THE WOODLANDS,TX.77380 Contact Name&Telephone Number TOM MATUS 951-520-3288 Email address thomas.matus @eco-services.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: ❑ 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:5-21-19 ❑ 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 TWO YEAR BLANKET PURCHASE ORDER FOR DRINKING WATER TREATMENT CHEMICALS. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 9 ORDERS 50,000 LBS,4500 GALLONS I LOAD $5,733.84 $51,604.56 1 48%LIQUID ALUMINUM SULFATE ® Per attached quotelproposal TOTAL COST $51,604.56 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 certify that the Ci y's public contracting requirements have been satisfied. Employee: /%, Department Head: .., - o J u.) Zoi i to or gr ater than$5,000) Department Manager/Supervisor: City Administrator: f"� - (9�131 l i (Equal t• •r gr ater than$25,000) /7* t Funds appropriated for current fiscal year: Y / NO 1,71414: 01' k (yet ( 1 1 I bE U., Fi�#ance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition 1 Council Business Meeting May 21 , 2019 Agenda Item Approval of a Special Procurement- Ecoservices From Paula Brown, PE Public Works Director Greg Hunter Water Treatment Plant Supervisor Contact paula.brown(c�ashland.or.us 541-552-2411 greg.hunter .a(�ashland.or.us 541-488-5345 SUMMARY This "Contract-specific Special Procurement"will allow the City's Water Treatment Plant Supervisor to directly award a public contract to Ecoservices (formerly Rhodia) for Aluminum Sulfate (48.5% - Concentration). The term of this "Contract-specific Special Procurement will begin on July 1, 2019 and end on June 30, 2024. 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 "Contract-specific Special Procurement"was approved by the City Council on June 16, 2015 for a term of July 1, 2015 to June 30, 2019. BACKGROUND AND ADDITIONAL INFORMATION A Special Procurement (procurement sourcing method) is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The Special Procurement Approval Request Form with written findings and quotes is attached for your review and consideration. City Council, acting as the Local Contract Review Board,may approval this request for a Special Procurement if it is determined, based on written findings,that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. Page 1 of 2 CITY OF -ASHLAND FISCAL IMPACTS Funds are budgeted each fiscal year for the purchase of aluminum sulfate for use at the WTP. Ecoservices has provided a firm price quote of$477.82 per dry ton. The usage estimate for FY 2020 is 10 loads at a cost of 5,733.84 per load for a total of$57,338.40. Firm price quotes will be requested for each fiscal year. STAFF RECOMMENDATION Staff recommends City Council, acting as the Local Contract Review Board, approve this"Contract-specific Special Procurement". ACTIONS, OPTIONS & POTENTIAL MOTIONS 1. I move to approve the "Contract-specific Special Procurement"which will allow a public contract for aluminum sulfate to be directly awarded to Ecoservices. 2. I move that staff put this out for a formal solicitation. ATTACHMENTS 1. Form#9, Special Procurement, Request for Approval (Written Findings) 2. Firm price quote for FY 2020 provided by Ecoservices Page 2 of 2 CITY OF ASHLAND • CITY OF FORM #9 ASHLAND • SPECIAL PROCUREMENT REQUEST FOR APPROVAL Greater than $5,000 To: City Council, Local Contract Review Board From: Greg Hunter, WTP Supervisor Date: May 21, 2019 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Water Treatment Plant (Public Works) • 2. Department Contact Name: Greg Hunter,WTP Supervisor 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From July 1,2019 To: June 30,2024 5. Total Estimated Cost: Cost Estimate for FY 2020 is$57,338.40 MO loads- 12 dry tons per load @ $477.82 per thy ton)-Firm price quotes will be requested for each fiscal year. Actual usage will be dependent on need. 6. Supplies and/or Services or class of Supplies and/or Services to be acquired This"Contract-specific Special Procurement"will allow the WTP to directly award a contract to Ecoservices(Formerly Rhodia)for the purchase of Aluminum Sulfate(48.5%-Concentration).This chemical is extremely important because it assists with the treatment process that makes water safe to drink by removing pathogens and other contaminants.The City has been using the alum manufactured by Ecoservices(formerly Rhodia)for over 20 years. This product continues to be reliable and consistent in the treatment of potable water,and the use of aluminum sulfate fulfills the state mandated requirements for processing surface supplied drinking water. 7.Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is not required to,also include the following types of documents:Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s), Contract Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form#9-Special Procurement—Request for Approval,Page 1 of 3,5/13/2019 • • A Contract-specific Special Procurement was processed and approved by Council on June 16,2015 and it is valid until June 30,2019. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Aluminum Sulfate must remain in a state of suspension and not come out of solution nor crystallize in the WTP storage tank. Ecoservices(formerly Rhodia)Aluminum Sulfate does not crystallize. The WTP requires chemicals that enable the water filtration system to meet and/or exceed all of the current Federal and State Drinking Water Regulations as promulgated under the authority of the environmental Protection Agency(EPA)and the Oregon Department of Health Services(ODHS). 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The original chemical costs were put out to bid. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);and X_ (b)(i)will result in substantial cost savings to the contracting agency or to the public because: The City has utilized other products in the past with less than favorable results. Ecoservice's(formerly Rhodia)is well within market pricing and has consistently delivered excellent quality in a timely matter. Substandard alum products crystalize and require more attention to break through in backwashing and would cost the City more to maintain the treatment process g ty p (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055,279B.060,279B.065, or 279B.070,or any rules adopted thereunder because: Most importantly,the use of Ecoservice's(formerly Rhodia)Aluminum Sulfate is a consistent and reliable product that assists with the water treatment process.Due to the variable quality of this chemical in the marketplace,and the crucial importance of forming a floc particle,Ecoservice's has been found to provide a consistent high-quality Alum that makes the City's water safe to drink. P h' (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form#9-Special Procurement—Request for Approval,Page 2 of 3,5/13/2019 • Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. Date Public Notice first appeared on www.ashland.or.us -[If approved, May 22, 2019] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [If approved,May 22,201911 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board,on[If approved May 21, 2019]. This "Contract-specific Special Procurement"was processed to seek an exemption from the competitive bid process to directly award a contract to Ecoservices (formerly Rhodia) for the acquisition of Aluminum Sulfate for use at the Water Treatment Plant This chemical has been used by the WTP for over 20 years kind continues to be a dependable and reliable product for the state mandated treatment of potable water. It assists with the treatment process to make water safe to drink by removing pathogens and other contaminants. The WTP requires chemicals that will enable the water f ltration system to meet and/or exceed all of the current Federal and State Drinking Water Regulations as promulgated under the authority of the Environmental Protection Agency(EPA)and the Oregon Department of Health Services(ODHS). It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Kari Olson,Purchasing Representative,90 N. Mountain,Ashland, OR 97520. The seven(7)protest period will expire at 5:00pm on[If public notice is published May 22, 2019, the expiration date is May 29,2019]. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement—Request for Approval,Page 3 of 3,5/13/2019 ECOSERVICES May 6,2019 CITY OF ASHLAND Ashland Service Center 90 N.Mountain Avenue Ashland,Oregon 97520 Eco Services Operations Corp. is pleased to submit the following proposal for your requirements: Liquid Aluminum Sulfate,(Liquid Alum)Technical Grade Price/dry ton: $477.82 per dry short ton FOB: Prepaid and add Terms: Net 30 Days from date of invoice Pricing is effective from 7/1/19 to 6/30/20 This pricing is effective from date of bid acceptance. Attached you will find copies of Eco Services Operations Corp.'s Terms and Conditions NSF Certification Product Specifications SDS Insurance Coverage To Place an order(24 hours a day): Jessica Dunn-800 642-4200 or Jessica.dunn @eco-services.com Sales Representative: Tom Matus 951-520-3288 or Thomas.Matus@ ECO-Services.com Please note our office location:2002 Timberloch Place,Suite 300,The Woodlands,TX 77380 Emergency Phone Numbers: FOR EMERGENCIES INVOLVING A SPILL,LEAK,FIRE,EXPOSURE OR ACCIDENT CONTACT: CHEMTREC(800-424-9300 within the United States or 703-527-3887 for international collect calls) Please do not hesitate to contact me if you require further information. Sincerely, alP John Mairena Business Manager,Sulfur Products Eco Services Operations/2002 Timberloch Place/Suite 300/The Woodlands, TX 77380/(844)812-1812 ECOS E RVI C ES Eco Services Operations/2002 Timberloch Place/Suite 300/The Woodlands,TX 77380/(844)812-1812 2019 GENERAL TERMS AND CONDITIONS 1. Seller will make all reasonable efforts to supply material at the time and day specified by Buyer. Provided such efforts have been or are being made, Seller shall not be deemed to be in breach of the Contract for failure to deliver at the specified time or on the specified date. 2. Each shipment shall constitute a separate and independent transaction and Seller may recover for each such shipment without reference to any other. If Buyer is in default with respect to any terms or conditions of this contract, then,in addition to any other legal remedy available to Seller, Seller may, at its option, defer further shipments hereunder until such default be remedied (in which event Seller may elect to extend the contract period for a time equal to that for which shipments were so deferred), or, Seller may decline further performance of this contract. 3. In case of a dispute concerning the weight of Product delivered in bulk carload or tank car shipments, shipper's weight, certified to by sworn Weigh-master, shall govern absent manifest error. 4. Determination of the suitability of the Product supplied hereunder for the uses and applications contemplated by Buyer and others shall be the sole responsibility of Buyer. All warranties by Seller pertaining to the Product are expressed in this paragraph. Seller warrants that the Product delivered hereunder meets AWWA standards. SELLER MAKES NO OTHER EXPRESS WARRANTIES;THERE ARE NO IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER ASSUMES ALL RISK AND LIABILITY FOR ALL LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM(I)THE USE OF SAID PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE(II)THE HANDLING AND DISPOSAL OF THE PRODUCT. 5. No claim of any kind,whether as to Product delivered or for non-delivery of Product, and whether arising in tort,contract or otherwise shall be greater in amount than the purchase price of the Product in respect of which such damages are claimed;and the failure to give written notice of claim within thirty(30)days from date of delivery,or the date fixed for delivery,as the case may be, shall constitute a waiver by Buyer of all claims in respect of such Product. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION BUYER'S MANUFACTURING COSTS, LOST PROFITS OR GOOD WILL, REGARDLESS OF THE FORM OR BASIS OF ANY ACTION. 6. Buyer shall reimburse Seller for all taxes,increases in or new taxes,excises or other charges which Seller may be required to pay to any governmental authority(national,state,provincial or local)upon,or measured by,the sale,production,transportation or use of any Product sold hereunder. Unless otherwise agreed to by Buyer in such credit application, interest on all sums past due from Buyer hereunder shall accrue and be payable by Buyer at the lesser of the maximum lawful rate and the prime interest rate quoted by Citibank, N.A., New York, New York,plus 2%. 7. Neither party shall be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond the reasonable control of the party affected, including but not limited to,acts of God,acts of terrorism,fires, floods, wars, sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law,order, rule or regulation of government agency or authority,or inability to obtain material(including power and fuel), equipment or transportation. The affected party may omit purchases or deliveries during the period of continuance of such circumstances and the contract quantity shall be reduced by the quantities so omitted. During any period when Seller shall be unable to supply the total demands for any Product provided for in this contract,whether caused by the circumstances specified above or otherwise, Seller may allocate any available Product among all buyers including its own divisions and departments, on such basis as it may deem fair and practical. 8. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and there are no understandings, representations or warranties of any kind,express or implied, not expressly set forth herein. No modification of this Contract shall be of any force or effect unless such modification is in writing and signed by the party to be bound thereby;and no modification shall be effected by the acknowledgment or acceptance of purchase order forms containing terms or conditions at variance with those set forth herein. 9. Seller's waiver of any breach,or failure to enforce any of the terms and conditions of this contract,at any time,shall not in any way affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Seller of any payment after the specified due date shall not constitute a waiver of the Buyer's obligation to make further payments on the specified dates. 10. The Buyer and Seller agree that this Contract shall be deemed to have been made and executed in the State of California and that any dispute arising under this contract shall be resolved in accordance with the laws of the State of California excluding any choice of law principles thereof. 11. Seller shall indemnify, defend and hold harmless (the "Indemnifying Party") Buyer, its subsidiaries, affiliates, their respective officers,directors, employees,agents, and any of them (each an "Indemnified Party"), from and against any and all liabilities, demands, damages, losses, costs, expenses, including without limitation attorneys'fees, resulting from the actual or threatened claims of third parties(the"Claims")to the extent that such Claims are attributable to the breach of this Contract by, or the negligent or willful misconduct of, the Indemnifying Party. The Indemnified Party shall notify the Indemnifying Party in writing with reasonable promptness upon the occurrence of any fact or circumstance concerning a Claim against which the Indemnified Party is indemnified hereunder. The Indemnifying Party shall diligently defend any such Claim at its expense with counsel of its choice but shall not have the right to settle such Claim without the prior written consent of the Indemnified Party. 12. Seller shall provide and maintain during the performance of its work hereunder, insurance as described below with insurers rated A-, Class VII or better by A.M. Best Company. RFPs - City of Ashland, Oregon Page 1 of 6 search Q RFPs City of Ashland City of Ashland, Oregon / RFPs View By: List All RFPs Purchasing Program (View All) Posting Number: PUBLIC NOTICE ECOSERVICES Project Name: SPECIAL PROCUREMENT ECOSERVICES Release Date: 5/22/2019 Due Date: 5/29/2019 Due Time: 5:00:00 PM Status: Bidding Closed Description: PUBLIC NOTICE Approval of a Special Procurement First date of publication: May 22,2019 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on May 21, 2019 This Contract-specific Special Procurement was processed to seek an http://www.ashland.or.us/RFP.asp 5/22/2019 RFPs - City of Ashland, Oregon Page 2 of 6 exemption from the competitive bid process to directly award a contract to Eco Services (formerly Rhodia) for the acquisition of Aluminum Sulfate for use at the WTP. This chemical has been used by the WTP for over 20 years and continues to be a dependable and reliable product for the state mandated treatment of potable water. It assists with the treatment process to make water safe to drink by removing pathogens and other contaminants. The WTP requires chemicals that will enable the water filtration system to meet and/or exceed all of the current Federal and State Drinking Water Regulations as promulgated under the authority of the Environmental Protection Agency (EPA) and the Oregon Department of Health Services(ODHS). The term for this Contract-specific Special Procurement will begin on July 1, 2019 and end on June 30, 2024. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain,Ashland, OR 97520. The seven(7)protest period will expire at 5:00:00 PM on May 29,2019. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Kari Olson Purchasing Representative kari.olson @ashland.or.us Request Bid Packet and/or Plan Holder List and Other Information http://www.ashland.or.us/RFP.asp 5/22/2019