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HomeMy WebLinkAbout2019-212 20200028 Helena Chemical Company Contract for WTP & WWTP Chemicals (ITB #2019-101) CITY o F CONTRACTOR: Helena Agri-Enterprises LLC ASH LAND CONTACT: Craig Holland, Sales Representative 20 East Main Street Ashland, Oregon 97520 ADDRESS: 511 S Fir Street, Medford, OR 97501 Telephone: 541 1488-6002 Fax: 541/488-5311 TELEPHONE: 509-330-0297 EMAIL: hollandc @helenaagri.com EFFECTIVE DATE: July 1, 2019 COMPLETION DATE: June 30, 2021 COMPENSATION AND GOODS AND SERVICES TO BE PROVIDED: All chemicals are to be provided and delivered as specified in the ITB#2019-101 bid specifications.The bid submitted by Helena Agri- Enterprises LLC is attached as Exhibit C.City reserves the right to not purchase this product due to lack of algae blooms.Contract was approved by the City Council on May 21,2019. Wate, Treatment Plant Cf jatcal= t$q„d1yrr Carbonate Pemxyhydrate Free Flowing Manufactures Bio-Safe Systems Pricing for July 2019 to June 2020 $8,640.00 per order($1.08 per pound,50Lb bags,40 bags per pallet, 120 bags per order,no additional delivery charge) Pricing for July 2020 to June 2021 $8,640.00 per order($1.08 per pound,50Lb bags,40 bags per pallet, 120 bags per order,no additional delivery charge) ADDITIONAL TERMS: In the event of a conflict or discrepancy among the contract documents,this City of Ashland Contract for Goods and Services will be primary and take precedence,and any exhibits or ancillary agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date; Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to$25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents:All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220,2798.225, 279B.230, 2798.235, 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), damage (including loss or destruction) to property, of J Y YP {� 9 � 1 rY 9 � )� 9 �� 9 ) whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to,Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments,or other damages, directly, solely, and proximately caused by the negligence of City. Contract for WTP&WWfP Chemicals#2019-101, Page 1 of 6 ) ) 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days'notice In writing and delivered by certified mail or In person. c. For Cause. City may terminate or modify this contract,in whole or in part,effective upon delivery of written notice to Contractor,or at such later date as may be established by City under any of the following conditions: I. If City funding from federal, state,county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the Indicated quantity of services; ii. if federal or state regulations or guidelines are modified,changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract;or Hi. if any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended,or not renewed. d. For Default or Breach. f. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and Intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice,or within such other period as the party giving the notice may authorize or require,then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. H. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor falls to provide services called for by this contract within the time specified herein or in any extension thereof. Hi. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a,b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination(regardless whether such notice Is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract,unless expressly directed otherwise by City In the notice of termination. Further,upon termination, Contractor shall deliver to City all contract documents, information,works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification:The undersigned certifies that the undersigned Contractor has not discriminated against minority,women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate In the award of such subcontracts, if any. The Contractor understands and acknowledges that It may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules Implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. '14. Use of Recyclable Products:Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth In this document. 15. Default. The Contractor shall be in default of this agreement if Contractor; commits any material breach or default of any covenant,warranty, certification,or obligation it owes under the Contract; if it loses Its QRF status pursuant to the QRF Rules or loses any license,certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief In bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type Identified in its obligations under the Contract;or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation Insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers Contract for WTP&WWTP Chemicals#2019-101,Page 2 of 6 b. General Liability insurance with a combined single limit, or the equivalent,of not less than$2,000,000 for each occurrence for Bodily Injury and Property Damage. • c. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than$1,000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned,hired or non-owned vehicles,as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the Insurance coverage(s)without 30 days'written notice from the Contractor or its Insurer(s)to the City. a 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 underthis contract.The contractors Insurance Is primary and non-contributory.The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entitles 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. Nonappropriatlons 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) NI tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 318,317,and 318; (I) My 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 Da it has faithfully complied with: () 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 (ii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. Contract for WTP&WWTP Chemicals#2019-101,Page 3 of 6 • I i . 1 I Contractor: City of Ashland By , ./__ ,� By Signature nDepa d E--k---even E . AI �Icmole( V-rAki 1-\ ' Mort it Print Name Print Name p C V `eSI den l.}- 1 IV7 laic Title Da W-9 to be submitted with the signed contract 0 e ,P---purchase Order No. c.: 700 . A*" ROVED 'S "PORM /40 wte-'-- ir Ashla • ° Attorney Date. 2- I — r 9 Contract forWTP&VVWTP Chemicals#2019-101, Page 4 of 6 • EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that(a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or(ii) it has not been notified by the Internal Revenue Service (IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(iii)the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c)the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent Contractor as defined in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf ! of the City, and Contractor has checked four or more of the following criteria that apply to its 9 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. 7/4/79 C.gntractor (Date) Contract for WiP&W WTP Chemicals#2019-101,Page 5 of 6 CITY OF ASHLAND , OREGON EXHIBIT B City of Ashland LIVING ALL employers described A E below must comply with City of Ashland laws regulating payment of a living wage. $15.12 per hour effective June 30, 2018 (Increases annually every June 30 by the Consumer Price Index) Employees must be paid a portion of business of their 401K and IRS eligible 1ving wage`„ employer, if the employer has cafeteria plans(including i 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 WTP&WWf P Chemicals#2019-101, Page 6 of 6 C WTP (Water Treatment Plant) - CHEMICAL#5: • SODIUM CARBONATE PEROXYHYDRATE,FREE FLOWING — "GREENCLEAN" Or Equivalent Granular Algaecide/Fungicide,Free Flowing must meet the following specifications: I) Primary ingredient must be greaterthan or equal to 85%of product. 2) Must meet State and Federal aquatic use requirements. 3) Product must be packaged in moisture proof plastic sacks. 4) Estimated annual usage is dependent on algae blooms—June through October-360 bags,50 Lbs per bag, (10.5 pallets/18,000 Lbs.). Estimated usage for 2-year contract is 36,000 Lbs, 5) Currently an order is placed for 160 bags, (4)pallets, 40 bags per pallet, 50 Lbs per • bag, every 3 to 4 weeks on average in summer months. 6) Location is the City of Ashland, Service Center, 90 N. Mountain Avenue,Ashland, Oregon, 97520. Forklift can be provided by the City. 7) Deliver 40 bags per pallet, 50 Lbs per bag, on pallet jackable pallets. 8) Bids must be in the form of dollars per pound (Lb.). 9) City reserves the right to not purchase the product due to lack of algae blooms, ' I 10)Typical treatment: 6,000+Lbs., 1-3 times per year. Manufacturer /� •- �F( /�it44/ Number of pounds (Lbs) per bag Number of bags per pallet /' Self July 2019 -Ju ne 2020 July 2020 -June 2021 Price per pound (Lb) $ /0rg $ 0f/Q • Cost per order— 160 bags, (4) pallets $ 3:761V0 • 00 $ 7670, m a Delivery charge $ $ Comments: 1113—Chemicals for WTP&WWTP,Page 14 of 26,04/01/2019 Alm R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ DmrYY) 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 MARSH USA INC. NAME` 6410 Poplar Avenue,Suite 540 (A/C.No,ExtL FAX No): Memphis,TN 38119 E-MAIL Attn:Kendra.Neal @marsh.com Fax 212-948-1281 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102359568-HCC-#4-18-19 44999 Al Yes INSURER A:Sompo America Insurance Company 11126 INSURED INSURER B: Helena Agri-Enterprises,LLC 225 Schilling Boulevard INSURER C: Suite#300 INSURER D: Collierville,TN 38017 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-004964314-07 REVISION NUMBER: 13 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR, INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDNYYY) A X COMMERCIAL GENERAL LIABILITY X GDL40000A0 10/01/2018 10/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISES O(EaEoccu ence) .$ 1,000,000 X Contractual Liability MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 1,000,000 X POLICY JERCOT- LOC PRODUCTS-COMP/OPAGG $ EXCLUDED OTHER: $ A AUTOMOBILE LIABILITY ADV40029D0(AOS) 10/01/2018 10/01/2019 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X $10,000 PIP $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ — DED RETENTION$ $ A WORKERS COMPENSATION JCD40011L0 10/01/2018 10/01/2019 X MUTE EMPLOYERS'LIABILITY STATUTE ER Y ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/M EM BER EXCLUDED? 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re:79 County Road F,Ashland,OR 68003 The City of Ashland,Oregon,and its elected officials,officers and employees are included as Additional Insured under the General Liability coverage as required by written contract.This insurance is primary and non contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to general liability. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 90 N Mountain Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland,OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Paul Woods ■4*61 ,■‘ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II—COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1.Who Is An Insured: d. Any legally incorporated entity of which you own more than 50%of the voting stock on the effective date of this coverage part is an insured. B. ADDITIONAL INSUREDS—BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1.Who Is An Insured: e. Any person or organization, not otherwise identified as an"insured" in this coverage or by endorsement to this coverage, that you are required by written contract, written agreement or written permit to name as an "insured". The insurance provided under item B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement or written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations, whichever is less. C. EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1.Who Is An Insured: f. Any "employee" of yours is an "insured"while using a covered "auto"you don't own, hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: "Bodily injury" to: a. Any fellow"employee" of the"insured"arising out of and In the course of the fellow"employee's" employment or while performing duties related to the conduct of your business: or Includes copyrighted material of SCA 01 002 1013 insurance Services Office, Inc with its Page 1 of 4 permission. b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. 6. BROADENED INSURED COVERAGE Under SECTION II—WHO IS AN INSURED, the following changes are made: A. BROAD NAMED INSURED The following is added: Any legally incorporated entity of which you own more than 50%of the voting stock is an insured. However,this insurance does not apply to "bodily injury" or"property damage" that occurred before you acquired or formed the organization or"personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. Coverage for any such organization will cease as of the date during the policy period on which you no longer maintain more than 50% of the voting stock. This provision does not apply to any person or organization for which coverage is excluded. B. PARTNERSHIPS AND JOINT VENTURES The last paragraph of Section II—Who Is An Insured beginning"No person or organization is an insured...." is replaced by the following: You are an insured with respect to the conduct of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This provision does not apply to any person or organization for which coverage is excluded. C. FELLOW EMPLOYEE COVERAGE Paragraph 2.a.(1)(a) is replaced by the following: (a) To you, to your partners or members(if you are a partnership or joint venture), to your members(if you are a limited liability company): This provision does not apply to any person or organization for which coverage is excluded. D. INCIDENTAL MEDICAL MALPRACTICE COVERAGE The following is added to item 2.a.(1)(d): However, this exclusion does not apply to the rendering or failure to render by an "employee" of yours: SGL 02 001 (0614) Includes copyrighted material of Insurance Page 4 of 9 Services Office,Inc.,with its permission. i. Medical, paramedical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or ii. The furnishing or dispensing of drugs or medical or dental supplies; as long as you are not in the business or occupation of providing these services. This extension of coverage does not apply to punitive or exemplary damages, if coverage of such is permitted by statute or case law. The insurance provided by this extension of coverage is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. This provision does not apply to any person or organization for which coverage is excluded E. NEWLY ACQUIRED ORGANIZATIONS Paragraph 3.a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period; This provision does not apply to any person or organization for which coverage is excluded. F. MANAGERS OR LESSORS OF PREMISES Managers or lessors of yours are insureds but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor added by this provision. G. LESSORS OF LEASED EQUIPMENT Any person or organization from whom you lease equipment is an insured, but only: 1. When you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; 2. With respect to liability for"bodily injury', "property damage" or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. H. USERS OF WATERCRAFT Any person, who with your consent, either uses or is responsible for the use of a watercraft is an insured, but only for their liability arising out of the use or operation of that watercraft on your behalf. SGL 02 001 (0614) Includes copyrighted material of Insurance Page 5 of 9 Services Office,Inc.,with its permission • 1. VENDORS if this policy provides Products Liability Coverage, any vendor you are required by a written contract or written agreement to name as an additional insured is an insured, but only with respect to"bodily injury" or"property damage"arising out of"your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: The insurance afforded the vendor does not apply to: a. "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution and sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the products; g. Products which, after distribution or sale by you, have been labeled or re-labeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury' or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its"employees" or anyone else acting on its behalf However, this exclusion does not apply to: (1) The exceptions contained in sub-paragraphs d. or f.: or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. J. ADDITIONAL INSUREDS —CONTROLLING INTEREST Any person or organization who has financial control of you is an insured, but only with respect to their liability arising out of their financial control of you or premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. K. ADDITIONAL INSUREDS —BY CONTRACT, AGREEMENT OR PERMIT Item 4 is added as follows: 4. Any person or organization not otherwise identified as an insured in this coverage or covered or excluded by endorsement attached to this coverage, that you are required by written contract, written agreement or written permit to name as an insured is an insured but only with respect to"bodily injury", "property damage" or"personal and advertising injury"caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: SGL 02 001 (0614) Includes copyrighted material of Insurance Page 6 of 9 Services Office,Inc.,with its permission. t a. In the performance of"your work"for the additional insured(s)at the location(s) designated in the written contract, written agreement or written permit; or b. In connection with your premises owned by or rented to you. However, with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) Unless the written contract or written agreement has been executed or the written permit has been issued prior to the"bodily injury", "property damage" or"personal and advertising injury"; (2) To"bodily injury", "property damage" or"personal and advertising injury" occurring after: (a)The termination date of any requirement to add additional insureds in any such contract, agreement or permit; or(b)The end of this policy period, whichever comes first; or (3) To the rendering or failure to render any professional service. The insurance afforded such additional insureds under items 6.F through 6.K: a. Applies only to the extent permitted by law; b. If required by a written contract, written agreement or written permit, coverage provided the additional insured will not be broader than that which you are required by the written contract, written agreement or written permit to provide for such additional insureds; and c. Does not apply to any person or organization excluded in this coverage form or by endorsement to this coverage form. With respect to the insurance afforded these additional insureds under 6.F through 6.K, the following is added to Section III—Limits of Insurance: If coverage provided to any additional insured is required by a written contract, written agreement or written permit, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract, agreement or permit; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This provision will not increase the applicable Limits of Insurance shown in the Declarations. 7. PRIMARY AND NON-CONTRIBUTORY—OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and SGL 02 001 (0614) Includes copyrighted material of Insurance Page 7 of 9 Services Office,Inc.,with its permission. • (2) You have agreed in writing in a contract, agreement or permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 8. KNOWLEDGE AND NOTICE OF OCCURRENCE Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraphs e. and f, are added to the Duties In The Event of Occurrence, Offense,Claim or Suit condition as follows: e. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "occurrence", offense or claim, solely due to your reasonable and documented belief that the'bodily injury" , "property damage" or'personal and advertising injury" is not covered under this policy f. You must give us prompt notice of an"occurrence', offense, claim or loss only when the "occurrence" offense, claim or loss is known to. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An"executive officer"or director, if you are a corporation; (4) A member, if you are a limited liability company: (5) A trustee, if you are a trust; or (6) An"employee' designated by you to give us such a notice. 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to the Representations condition: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional However, we reserve the right to charge additional premium for any such hazard. 10. WAIVER OF SUBROGATION Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,the following is added to the Transfer of Rights of Recovery Against Others To Us condition: If the insured has waived those rights in a written contract,written agreement or written permit executed before loss, our rights are waived also. 11. BODILY INJURY REDEFINED Under SECTION V—DEFINITIONS,the definition of"bodily injury" is replaced by the following. 2. "Bodily injury" means bodily injury, disability, mental anguish, mental injury, shock, fright, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 12. MOBILE EQUIPMENT REDEFINED Under SECTION V— DEFINITIONS, paragraph f.of the definition of"mobile equipment" is replaced by the following: SGL 02 001 (0614) Includes copyrighted material of Insurance Page 8 of 9 Services Office,Inc.,with its permission. etX e CITY OF ASHLAND Invitation to Bid CHEMICALS FOR WATER & WASTEWATER TREATMENT PLANTS Date of Release: April 1, 2019 Proposals are due by: 2:00:00 PM (PST), Thursday, May 2, 2019 Contracting Agency: City of Ashland Sole Point of Contact: Kari Olson Title: Purchasing Representative Address: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Telephone: (541) 488-5354 Fax: (541) 488-5320 Email: kari.olson(&,ashland.or.us ITB—Chemicals for WTP&WWTP,Page 1 of 26,04/01/2019 w PUBLIC NOTICE: P. gragallit City of Ashland Invitation to Bid #2019-101 CHEMICALS FOR WATER & WASTEWATER TREATMENT PLANTS Bids are due by 2:00:00 PM (PST), Thursday, May 2, 2019 The City of Ashland is seeking bids for eight (8) chemicals as specified in the ITB that are intended for use at the Water and Waste Water Treatment Plants. The City's intent is to award individual 24-month contracts for each chemical to the lowest responsive and responsible bidders for a term beginning in July 1, 2019 and ending June 30, 2021. Bidders are encouraged to bid on any number of chemicals they can provide as specified. The ITB allows multiple contracts to be awarded to the qualified bidders whose bids substantially comply with the requirements and criteria set forth in the Invitation to Bid and with all the prescribed public procurement procedures and requirements. The INVITATION TO BID is available online at www.ashland.or.us Scroll down the City's home page and click on "Proposals, Bids and Notifications". Click on REQUEST BID PACKET(below the public notice), log in to the system and download the solicitation documents. You will need to log in to the system each time you would like to download the g Y Y solicitation documents and any subsequently issued addenda. In accordance with AMC Section 2.50.080, competitive sealed bids may be available online, but bidders will NOT be able to submit their bids or responses online. Bids must be delivered in hard copy form to the City in accordance with the requirements outlined in the ITB. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for subsequently issued instructions, addenda, and related materials. Sealed bids must be received by 2:00:00 PM (PST), Thursday, May 2, 2019, by Kari Olson, Purchasing Representative in the City of Ashland, Purchasing Office located at 90 N. Mountain Avenue, Ashland OR 97520. The bids will be publicly opened and read at 2:00:00 PM (PST), Thursday, May 2, 2019. Kari Olson Purchasing Representative City of Ashland, Oregon kari.olson @ashland.or.us Telephone: 541-488-5354 Published: 04/01/2019 ITB—Chemicals for WTP&WWTP,Page 2 of 26,04/01/2019 s BID NO: 2019-101 RELEASE DATE:April 1,2019 CITY OF ASHLAND Ashland Service Center 90 N.Mountain Avenue Ashland,Oregon 97520 (541)488-5354 FAX(541)488-5320 INVITATION TO BID,GENERAL CONDITIONS AND SPECIFICATIONS CHEMICALS FOR USE AT THE WATER&WASTE WATER TREATMENT PLANTS The City of Ashland("City")is accepting bids for the purchase of CHEMICALS FOR THE WATER&WASTE WATER TREATMENT PLANTS further referred to in this invitation to bid as"goods and services".All bids shall be subject to the following conditions: 1.Time and Place for Receiving Bids:Bids must be received by the Purchasing Representative,Ashland Service Center,90 N.Mountain Avenue,Ashland,Oregon 97520,by 2:00:00 PM(PST),Thursday,May 2,2019. At that time,bids will be publicly opened and read in Room 106 of the Service Center.Bids may not be withdrawn after the time set for the opening of bids. Each bid shall be identified on the exterior of the sealed envelope as follows: BID NO: 2019-101 PURCHASE OF CHEMICALS FOR WTP&WWTP BID OPENING: 2:00:00 PM(PST),THURSDAY,MAY 2,2019 In compliance with OAR 137-047-0260(2)(c)(A),the solicitation schedule is as follows: ACTIVITY DATE Invitation to Bid Released April 1,2019 let Public Notice April 1,2019 Deadline for Submitting Questions and 5:00 PM(PST),Monday,April 22,2019 Requests for Additional Information ITB Protest Period Ends 5:00 PM(PST),Monday,April 22,2019 DUE DATE AND TIME 2:00:00 PM (PST),THURSDAY,MAY 2,2019 FOR SUBMITTING BIDS Location: City of Ashland,Purchasing Office,90 N. (Note: Bids must be received Mountain,Ashland,OR 97520 by due date and time.) Evaluation Process May 3-9,2019 Contract Recommendation Upon completion of evaluation process Notice of Intent to Award At least seven(7)days before the award of a public contract(allows for a 7-day protest period) Contract Recommendation May 21,2019 Presented to City Council for approval Public Contract Award Upon Council approval and at least seven(7)days after the Notice of Intent to Award has been released Contract Term July 1,2019 to June 30,2021 NOTE: Any changes made to the closing date of the ITB will be made in the form of a written addendum and mailed to all potential bidders who have received the ITB documents. 2.Purchasing Representative:The City of Ashland Purchasing Representative,Kari Olson, is the sole point of contact in the City for this Invitation to Bid.All requests,questions,inquiries and correspondence pertaining to this bid should be directed to the Purchasing Representative. The specifications may be reviewed at the City of Ashland, Purchasing Office located at 90 N.Mountain Avenue,Ashland,Oregon 97520. For a copy of the Invitation to Bid, including the specifications,please contact the Purchasing Representative. ITB—Chemicals for WTP&WWTP,Page 3 of 26,04/01/2019 • In accordance with AMC Section 2.50.080,Competitive sealed bids and competitive sealed proposals may also be available online,but applicants will NOT be able to submit their proposals and/or responses online. Bids and proposals must be delivered in hard copy form to the City in accordance with the requirements for the competitive solicitation. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions,addenda,and related materials. SOLE POINT OF CONTACT: Kari Olson Purchasing Representative City of Ashland 90 N.Mountain Avenue Ashland,OR 97520 Tel: 541-488-5354 Email: kari.olson @ashland.or.us 3. Protests: Any prospective bidder who contends that the provisions of the contract documents or that the procurement process is contrary to law or that this-solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name,must submit a written protest with the Purchasing Representative at least ten (10)days prior to the date on which the bids are due. Failure to file a protest will be deemed a waiver of any claim by a bidder or prospective bidder that the procurement process violates any provision of ORS subchapters 279A and 279B or the City's Public Contracts rules found in Section 2.50 of the Ashland Municipal Code. If protests, inquiries or comments by bidders raise issues that require clarification by the City,addenda will be issued by the Purchasing Representative. 4.Disclaimer of Responsibility. The City will not be responsible for oral interpretations. Should a bidder find discrepancies in,or omissions from,the contract documents,or be in doubt as to their meaning,such bidder shall notify the person designated in paragraph 2. Any and all such interpretations or approval of manufacturer's materials to be substituted will be made only in the form of written addenda to the specifications which,if issued,will be hand- delivered or mailed by certified mail with return receipt requested to all prospective bidders receiving a set of such documents,not later than ten working days prior to the date fixed for the closing of bids.All addenda so issued shall be considered by the bidder in preparing the bid,shall be submitted with the bid and,shall become a part of the contract documents. 5. Specifications: Specifications for the goods and services are attached to this invitation to bid.Any deviations from the specifications shall be identified in the bid utilizing the method outlined in paragraph GC17 of the general conditions/specification documents. Reference to brand names in the specifications are utilized to describe the type and quality of item required.Bidders are not limited to the brand specified but may submit any brand of equivalent type and quality. Any deviations from the specifications,however,shall be identified in the bid,and City reserves the right to reject a bid on the basis of deviations or brands which are not equivalent in type or quality. 6. General Conditions:The City's general conditions for purchase of goods and services are attached to and incorporated in this invitation to bid.Any bid that attempts to modify or abrogate any of the general conditions including,but not limited to,provisions on warranties may be rejected as nonresponsive. 7. Addenda: If it becomes necessary to revise any part of the bid documents,written addenda will be provided and posted on the City's website.Receipt of an addendum by a bidder must be acknowledged by signing and returning the document with the bid form. 8.Bid Form: 8.1.Bidders shall complete the bid form provided by the City. All pages of the bid form must be left in proper sequence. Bids may be rejected as nonresponsive if they are altered, incomplete,conditional or otherwise irregular. 8.2. If the bid is submitted by a partnership, it must be signed by a partner. If the bid is submitted by a corporation, it must be signed by a corporate officer and be accompanied by proof of authority to sign. 8.3.The bid must include EXHIBIT B,a statement on whether or not the bidder is a resident bidder as defined in ORS 279A.120(1)(b). "Resident bidder"means a bidder who has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid,has a business address ITB—Chemicals for WTP&WWTP,Page 4 of 26,04/01/2019 4 in this state and has stated on the bid that the bidder is a"resident bidder". The Certificate of Compliance statement included with this ITB is required to be signed and will satisfy this requirement. 9.Requirements of Contract Documents: Each bidder must examine the general conditions,specifications and other contract documents and take such other reasonable and prudent actions that the bidder deems necessary to ascertain the requirements of the contract documents. A bidder shall not at any time, after submission of its bid,assert that there was any misunderstanding concerning the nature,quality or description of the goods and services to be supplied. 10. Withdrawal of Bids: Any bid may be withdrawn at any time prior to the time set for opening bids,by providing written request for withdrawal of the bid to the Purchasing Representative.The request shall be executed by the bidder or a duly authorized representative. All bids shall be irrevocable for a period of 60 days from the day of opening. 11.Acceptance of Bid: The City may reject any bid if the City determines that the bidder has an interest in more than one bid;there is collusion between bidders;the bid is not responsive;the bid is not in compliance with the terms of the contract documents and all applicable public bidding laws,rules and ordinances;or the bidder is not qualified to provide the goods and services covered by the contract documents. 11.1.Pursuant to ORS 279A.120(2)(b),to determine the lowest responsive bid,the City will add a percent increase on the bid of a nonresident bidder equal to the percent,if any,of the preference given to that bidder in the state in which the bidder resides. 11.2.Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. 11.3.Pursuant to ORS 279A.120(2)(a),the City shall give preference to goods and services manufactured or produced in Oregon if price,availability and quality are otherwise equal. 11.4.Pursuant to ORS 279B.055(2)(f),contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this ITB. 11.5. Pursuant to ORS 279A.125,the City shall give preference to goods that are certified to be made from recycled materials if the recycled product is available,meets applicable standards,can be substituted for a comparable non recycled product;and the recycled products costs do not exceed the costs of non recycled products by more than five percent,or a higher percentage if a written determination is made by the City. 11.6.Pursuant to ORS 282.210,all printing,binding and stationery work done for the City shall be performed within the State of Oregon. 11.7.Pursuant to ORS 279B.060(2)(g), if required under ORS 468A.710,the contractor or subcontractor is required to possess an asbestos abatement license. 11.8.Pursuant to ORS 279B.100,the City reserves the right to cancel or reject any or all bids if the City finds that it is in the public interest to do so without liability to any bidder for any loss or expense caused or resulting from the cancellation or rejection of a bid or award. 12. Award of Contract. If the City awards a contract,the City shall award the contract to the lowest responsible and responsive bidder whose bid substantially complies with the requirements and criteria set forth in the Invitation to Bid and with all prescribed public procurement procedures and requirements.A multiple award may be made if award to two or more bidders of similar goods and services is necessary for adequate availability,delivery,service, or product compatibility. In addition,any other public agency wishing to use the resulting contract may be authorized by mutual consent of the City of Ashland and the contractor pursuant to ORS 279A.215. 12.1 Responsive Bid:A bid that fully conforms in all material respects to the Invitation to Bid and all its requirements, including all form and substance. "Responsiveness"refers to the offer. 12.2 Responsible Bid: A business entity or individual who has the capability and financial and technical capacity to perform the requirements of the solicitation and subsequent contract as described in ORS 279B.110. "Responsibility"refers to the offeror. ITB—Chemicals for WTP&WWTP,Page 5 of 26,04/01/2019 a V r GENERAL CONDITIONS FOR PURCHASE OF GOODS AND SERVICES GCI. Contract Documents:The contract documents are complementary. A requirement in one of the contract documents is as binding as though occurring in all.In the event of any inconsistency in the terms of the contract documents the following order of precedence shall govern unless otherwise stated: 1. Specifications;2.These general conditions;3.The invitation to bid;4 The bid. The apparent silence of the contract documents as to any detail shall be regarded as meaning that only the best practice is to prevail and that only goods and services of first quality are to be provided by bidder. GC2.New Goods and materials:All goods and materials shall be new unless otherwise specified in the special provisions or specifications. GC3.Payment:Payment shall be made by the City within thirty days after City has inspected the goods or has had a reasonable opportunity to do so.City may reserve payment until all goods and services are received. GC4.Risk of Loss: Bidder shall have the risk of loss until the goods and services have been delivered to City's facility and are approved after inspection by City. GCS.Inspection: Goods and services furnished under this contract shall be subject to inspection and testing by City at times and places determined by City.If City determines that the goods and services are not in compliance with the specifications,City may reject the goods and services and require Bidder to either cure defects or make an equitable price reduction.If Bidder refuses to cure defects within a time deemed reasonable by City,City may cancel the contract or enforce City's remedies for default.Nothing in this provision shall impair City's rights to enforce warranties,revoke acceptance of the goods and services or enforce any other remedies under ORS Chapter 72. GC6. Safety and Health Requirements: Goods and services shall comply with all federal Occupational Health and Safety(OSHA)requirements and with all Oregon safety and health statutes and administrative rules including,but not limited to,those of the Workers'Compensation Department. All "SAFETY DATA SHEETS"(SDS)for hazardous chemicals that are subject to OAR 437-004-9800(6) shall be submitted to City before the chemicals are delivered. GC7.Taxes: City generally is not subject to taxation.Bidder shall be responsible for paying all taxes on the sale of the goods and services,except fuel taxes included in the bid price. GCB. Compliance with Law:This agreement will be governed by and construed in accordance with laws of the State of Oregon. Each party agrees that it will perform its obligations hereunder in accordance with all applicable state, federal and local laws,rules and regulations now,or hereafter in effect.Bidder shall comply with applicable provisions of ORS 279C.505,279C.515,279C.520 and 279C.530.Bidder is a"subject employer" as defined in ORS 656.005.Bidder shall comply with all applicable workers'compensation laws including,but not limited to,ORS 656.017, GC9. Patented Goods and services:Bidder shall defend,indemnify and hold City harmless from any.claims for • infringement of patent arising out of City's use of the goods and services. GC10. Severability: If any provision of the contract documents shall be held to be invalid or unenforceable,such invalidity or unenforceability shall not affect any other provision of the contract documents.The contract documents shall be construed as if such invalid or unenforceable provision had never been included. GC11.No Waiver:No provision of the contract documents shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived its rights.Any waiver of a breach by any party,whether expressed or implied,shall not constitute waiver of any other different or subsequent breach. GCI2.Successors:The successors, assigns and legal representatives of Bidder and City shall be subject to all provisions of the contact documents.Bidder shall not assign Bidder's rights or obligations under this agreement without prior written consent of City. GC13.Indemnification:Bidder shall defend, indemnify and save City, its agents,and employees harmless from any and all losses,claims,actions,costs,or other damages resulting from injury to any person or damage to property,of ITB—Chemicals for WTP&WWTP,Page 6 of 26,04/01/2019 • I i whatsoever nature arising out of or incident to the performance of this agreement by Bidder or defects in the goods and services.Bidder shall not be held responsible for any losses,claims,actions,costs,judgments,or other damages, g , directly,solely,and proximately caused by the negligence of City. GC14.Notices:Any notice required to be given under this contract,or any notice required to be given by law,shall be in writing and shall be given by personal delivery or by registered or certified mail,to Bidder at the address stated in the bid form or to City at the address of the Purchasing Representative stated in the invitation to bid. GC15.Entire Agreement:The contract documents are the entire,final and complete agreement of the parties and supersede all prior and existing written or oral understandings except as otherwise continued in effect by the terms of the contract documents.No modification of the contract documents shall be valid unless in writing and signed by the parties. GC16.Acceptance of Specifications:Bidders must satisfy themselves by personal examination of the specifications and by such other means as they prefer,as to the actual conditions and requirements of the specifications and shall not at any time,after submission of the bid,dispute,complaint,or assert that there was any misunderstanding in regard to the nature,quality or description of the item to be supplied.Bidder must submit with its bid a statement accepting each and every specification or accepting each and every specification not otherwise accepted under paragraph GC17. GC17.Exceptions:The bidder may take exception to any standard of these specifications.The prospective bidder who cannot meet each and every requirement of the specifications need not be considered unqualified to submit a bid.By taking exceptions and clearly stating them,in writing,on a separate sheet of paper headed 'EXCEPTIONS", and by offering alternatives to replace excepted requirements,a bidder may still compete in the process. SPECIFICATIONS FOR PURCHASE OF GOODS AND SERVICES Si.ACCEPTANCE:Bidders must satisfy themselves by personal examination of the specifications and special provisions,and by such other means as they prefer,as to the actual conditions and requirements of the specifications and special provisions of the contract documents,and shall not at any time,after submission of the bid,dispute, complain,or assert that there was any misunderstanding in regard to the nature,quality or description of the item to be supplied. S2.EXCEPTIONS:The bidder may take exception to any standard of this specification.The prospective bidder who cannot meet each and every requirement of the specifications need not be considered unqualified to submit a bid.By taking exceptions and clearly stating them,in writing,on a separate sheet of paper headed 'EXCEPTIONS",and by offering alternatives to replace excepted requirements,a bidder may still compete in the process. S3. SPECIFICATIONS:The specifications for the goods and services to be supplied are attached to this document. ITB—Chemicals for WTP&WWTP,Page 7 of 26,04/01/2019 Chemicals for the Water & Wastewater Treatment Plants INVITATION TO BID #2019-101 April 1, 2019 SPECIFICATIONS The City of Ashland, WTP and WWTP, are requesting bids for a total of eight (8) chemicals as individually specified. Five (5) of the chemicals are required by the WTP, and three (3) of the chemicals are required by the WWTP. Bidders are encouraged to submit bids for any number of individual chemicals their company is able to provide as specified. Two (2) of the chemicals are manufacturer/brand specific and specified as "No Substitution" due to the strict standards of maintaining quality control and meeting permit requirements. However, six (6) of the chemicals will allow for substitutions or equivalents as specified. Substitutions "or equivalents" for the specified quality and quantity of the individual chemicals will receive full consideration, provided the substitutions are appropriate for the application, and they are of equal quality and quantity. The City reserves the right to reject a bid if the item being provided as a substitution is determined by the City to not be of equal quality and quantity and/or not be appropriate for the application. The following general specifications apply to ALL of the specified chemicals. BIDS Firm pricing shall be submitted in such a way as to show the breakdown of all applicable and related costs for each individual chemical. Costs not included in the bid will be subject to non- payment by the City of Ashland. Bids shall be submitted directly on the spec/cost sheets included in the ITB. The Bid Form attached as Exhibit A is required to be completed, signed and included with the bid being submitted in response to this ITB. CONTRACT The City's intent is to award individual 24-month contracts for each chemical to the lowest responsive and responsible bidder(s) for a term beginning July 1, 2019 and ending June 30, 2021. The successful bidder(s) will be required to meet the highest standards prevalent in the industry, promptly execute a contract, agree to provide the chemicals as specified and submit the required proof of insurance. The Certificate of Compliance statement attached as Exhibit B is required to be signed and included with the bid being submitted in response to this ITB. The City's Contract for Goods and Services is attached as Exhibit C for your review. PURCHASE ORDERS Purchase orders will be issued for the 24-month term contract (July 1, 2019 to June 30, 2021). ITB—Chemicals for WTP&WWTP,Page 8 of 26,04/01/2019 Y ORDERS Orders for chemicals for the WTP will be placed by the Water Quality Supervisor and chemicals for the WWTP will be placed by WWTP personnel. Deliveries shall arrive within seven (7)days after receipt of order, except for routine scheduled deliveries and/or an emergency order, which will be coordinated by the WTP, Water Quality Supervisor or WWTP personnel. Orders may be cancelled at the discretion of the City of Ashland, WTP and WWTP, personnel with twenty-four(24) hours notice. DELIVERY REQUIREMENTS Each chemical will be delivered FOB ASHLAND (mandatory/no exceptions). WTP The delivery location for the Sodium Hypochlorite is directly at the WTP (above Lithia Park)—no exceptions. There is limited access above Lithia Park—28' +/- delivery truck is acceptable. Accessibility will need to be verified and confirmed. The delivery location for the remaining chemicals specified for the WTP, is preferred directly at the WTP; however, an acceptable secondary location is the City of Ashland, Service Center, located at 90 N. Mountain Avenue, Ashland, OR 97520. Deliveries for the WTP shall be arranged to arrive before 12:00 PM(PST),Monday- Friday. WTP/Sodium Hypochlorite shall be delivered to the WTP no later than 11:00 AM (PST). WWTP All chemicals ordered for the WWTP will be delivered directly to the WWTP located at 1195 Oak Street, Ashland, Oregon. Forklift available upon request. Deliveries for the WWTP shall be arranged to arrive between 6:00 AM and 12:00 PM (PST),Monday-Friday, at the WWTP. SAFETY DATA SHEETS (SDS) The most current SDS (Safety Data Sheets) are required to be delivered with each order. CHEMICALS The following chemicals are to be provided and delivered as specified. The quantities being provided are the best estimates available at this time. Bidders to provide the information being requested on the individual chemical spec/cost sheets. Supplemental information may be submitted separately with the bid documents. Due to the strict standards of maintaining consistent water quality at the WTP, the City will not accept substitutions and/or equivalents for Chemical#3: CYTEC Superfloc N-300 LMW Flocculant. The only catonic polymer coagulant aids approved for Chemical #2 are CYTEC Superfloc C-573 Flocculant and NORTHSTAR MOE 106 PWG Flocculant. ITB—Chemicals for WTP&WWTP,Page 9 of 26,04/01/2019 WTP (Water Treatment Plant) - CHEMICAL#1: SODIUM HYPOCHLORITE 12.5%+,LOW SALT,FILTERED Sodium Hypochlorite 12.5%, Low Salt, Filtered must meet the following specifications: "Sodium Hypochlorite must be filtered to 2-3 microns A certificate of Analysis from each manufactured batch shall accompany each shipment of Sodium Hypochlorite. These batch analyses shall include but are not limited to the following: 1)Product Name, 2)Batch Identification,3)Specific Gravity,4) %Sodium Hypochlorite by weight,5)%Excess Caustic by weight, 6) Vacuum Filter Test Time, 7)Date of batch. Purchaser will be performing a "Suspended Solids Quality Test for Bleach Using Vacuum Filtration" method as described at http://www.powellfab.com/technical information/preview/suspended solids test.aspx A 1000 ml sample must go through a 47mm, 8 u filter(Millipore-#AAWP04700)in less than three(3) minutes+1-10%,using a vacuum pump that produces between 22 and 25 inches of vacuum. PSI should be-22 to-25. (Gordon,Dr. Gilbert, "Strategies for Meeting Hypochlorite Specifications in the Drinking Water Industry",Powell Fabrication)Purchaser can refuse delivery of any product which requires more than three minutes filtration time in this test." 1) Must meet A.W.W.A. specifications for potable water. 2) Estimated annual usage—July through June— 19,800 Gallons (if 330/tote). Estimated usage for 2-year contract is 39,600 gallons. 3) Currently an order is placed for five(5)totes @ 300-330 gallons per tote, twelve (12) times per fiscal year. 4) Delivery to be directly at the City of Ashland, Water Treatment Plant(located above Lithia Park)—limited access above Lithia Park—28' +/- delivery truck is acceptable. Accessibility will need to be verified and confirmed.No exception. 5)No Tote Deposit. Delivered by tote and pumped immediately into tanks at time of delivery. Empty totes are then immediately available to be returned on empty delivery truck. 6) Deliver in 300-330gallon totes. 7) Labeling must include NSF certification symbols on product containers. 8)Bids must be in the form of dollars per gallon. Manufacturer Number of gallons per tote July 2019 -June 2020 July 2020 -June 2021 Price per gallon (gal) $ $ Cost per tote S $ Cost per load/order- (5) Totes $ $ Delivery charge per order $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 10 of 26,04/01/2019 e • WTP (Water Treatment Plant) - CHEMICAL #2: CYTEC SUPERFLOC C-573 FLOCCULANT—OR-NORTHSTAR MOE 106 PWG FLOCCULANT (No Substitution) Cytec Superfloc C-573 Flocculant or NORTHSTAR MOE 106 PWG Flocculant must meet the following specifications: 1) Must meet A.W.W.A. specifications for potable water. 2) Estimated annual usage—July through June—24 drums, 500 Lbs. per drum (12,000 Lbs.). Estimated usage for 2-year contract is 24,000 Lbs. 3) Currently an order is placed for four(4) drums every six (6)weeks on average year- round. 4)Prefer delivery directly at the WTP (located above Lithia Park)—limited access above Lithia Park—28' +1- delivery truck is acceptable. Accessibility will need to be verified and confirmed. Acceptable secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520. Forklift can be provided by the City. 5) Deliver in 500 Lb drums, four(4)drums per pallet, on pallet jackable pallets. 6) Bids must be in the form of dollars per pound (Lb.). 7) Labeling must include NSF certification symbols on product containers. Manufacturer CYTEC—OR- NORTHSTAR(No Substitution) July 2019 - June 2020 July 2020-June 2021 Manufacturer Price per pound (Lb) $ $ Cost P er 500 Lb drum $ Cost per order— (4) each 500 Lb drums $ S Delivery charge per order $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 11 of 26,04/01/2019 • WTP (Water Treatment Plant) - CHEMICAL#3: CYTEC SUPERFLOC N-300 LMW FLOCCULANT (No Substitution) Cytec Superfloc N-300 LMW Flocculant must meet the following specifications: 1) Must meet A.W.W.A. specifications for potable water. 2) Estimated annual usage-July through June—24 bags, 25 kg or 55.12 Lbs. per bag (1,322.88 Lbs.). Estimated usage for 2-year contract is 2,645.76 Lbs. 3) Currently an order is placed for eight(8) bags every sixteen (16) weeks on average year-round. 4) Prefer delivery directly at the WTP (located above Lithia Park)— limited access above Lithia Park—28' +1- delivery truck is acceptable. Accessibility will need to be verified and confirmed. Acceptable secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain Avenue,Ashland, Oregon, 97520. Forklift can be provided by the City. 5) Deliver eight(8) bags per pallet, 25 kg or 55.12 Lb per bag, on pallet jackable pallets. 6) Bids must be in the form of dollars per pound (Lb.). 7) Labeling must include NSF certification symbols on product containers. Manufacturer CYTEC (No Substitution) July 2019 -June 2020 July 2020 - June 2021 Price per pound (Lb) $ $ Cost per 25 kg or 55.12 Lb bag Lb bag $ $ Cost per order- (8)Bags $ S Delivery charge per order $ S Comments: ITB—Chemicals for WTP&WWTP,Page 12 of 26,04/01/2019 l - WTP (Water Treatment Plant) - CHEMICAL #4: SODA ASH, DENSE, FREE FLOWING—Or Equivalent Soda Ash, Dense, Free Flowing must meet the following specifications: 1) Must meet A.W.W.A. specifications for potable.water. 2) Must meet ANSI/NSF-60 specifications for potable water. 3) Estimated annual usage—July through June—2,800 bags, 50 Lbs per bag, (48 pallets/140,000 Lbs.). Estimated usage for 2-year contract is 280,000 Lbs. 4) Currently an order is placed for 270 bags, (5) pallets, 54 bags per pallet, 50 Lbs per bag, every 3 to 4 weeks on average year-round. 5) Prefer delivery directly at the WTP (located above Lithia Park)— limited access above Lithia Park—28' +/- delivery truck is acceptable. Accessibility will need to be verified and confirmed. Acceptable secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520. Forklift can be provided by the City. 6) Deliver 54 bags per pallet, 50 Lbs per bag, on pallet jackable pallets. 7) Labeling must include NSF certification symbols on product containers. 8) Bids must be in the form of dollars per pound (Lb.). Manufacturer Number of pounds (Lbs) per bag Number of bags per pallet July 2019 -June 2020 July 2020 -June 2021 Price per pound (Lb) $ $ Cost per order— 270 bags, (5) pallets $ $ ( ) P Delivery charge $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 13 of 26,04/01/2019 WTP (Water Treatment Plant) - CHEMICAL #5: SODIUM CARBONATE PEROXYHYDRATE, FREE FLOWING - "GREENCLEAN" Or Equivalent Granular Algaecide /Fungicide, Free Flowing must meet the following specifications: 1) Primary ingredient must be greater than or equal to 85% of product. 2) Must meet State and Federal aquatic use requirements. 3) Product must be packaged in moisture proof plastic sacks. 4) Estimated annual usage is dependent on algae blooms-June through October-360 bags, 50 Lbs per bag, (10.5 pallets/18,000 Lbs.). Estimated usage for 2-year contract is 36,000 Lbs. 5) Currently an order is placed for 160 bags, (4) pallets, 40 bags per pallet, 50 Lbs per bag, every 3 to 4 weeks on average in summer months. 6) Location is the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520. Forklift can be provided by the City. 7) Deliver 40 bags per pallet, 50 Lbs per bag, on pallet jackable pallets. 8) Bids must be in the form of dollars per pound (Lb.). 9) City reserves the right to not purchase the product due to lack of algae blooms. 10) Typical treatment: 6,000+Lbs., 1-3 times per year. Manufacturer l� - �f1 4-5 7:efts 5 Number of pounds (Lbs) per bag 6-61/65 Number of bags per pallet re' Ly.f July 2019 -June 2020 July 2020 -June 2021 Price per pound (Lb) $ /UY7,‘ $ �01//j Cost per order- 160 bags, (4) pallets $ fiVe . (JO $ Delivery charge $ $ Comments: ITB—Chemicals for WTP&WWTP,Page 14 of 26,04/01/2019 WWTP (Waste Water Treatment Plant) - CHEMICAL#6: SODIUM HYPOCHLORITE 12.5% Sodium Hypochlorite 12.5%must meet the following specifications: 1) Estimated usage—July through June—(9)Totes, 300-330 gallons per tote, 2,970 gallons (if 330 gal/tote). Estimated usage for 2-year contract is 5,940 gallons. 2) Currently an order is placed for 2-3 totes per order. 3) Deliver to the City of Ashland, Waste Water Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. Totes need only to be dropped off at WWTP, no pumping is required. 4)Bids must be in the form of dollars per gallon. Manufacturer Number of gallons per tote July 2019 -June 2020 July 2020 -June 2021 Price per gallon (gal) $ $ Cost per tote $ $ Cost per load/order- (2) Totes S S Delivery charge per order S $ Comments: ITB—Chemicals for WTP&WWTP,Page 15 of 26, 04/01/2019 WWTP (Waste Water Treatment Plant) - CHEMICAL#7: CITRIC ACID (50 Lb Bags) Citric Acid must meet the following specifications: 1) Citric Acid, anhydrous, shall be in granular form. 2) Estimated Annual usage—March through November— 86 Bags, 50 Lb./Bags, 43 Bags/Pallet, Total (2)pallets, 4,300 Lbs. Estimated usage for 2-year contract is 8,600 Lbs. 3) Currently an order is placed for a pallet(43 bags) two (2) times per year. 3) Deliver to the City of Ashland, Waste Water Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. Delivery truck must be equipped with lift gate to properly offload at the above address. 4) Bids must be in the form of dollars per pound (Lb.). Manufacturer Number of bags per pallet July 2019 -June 2020 July 2020 -June 2021 Price per pound (Lb) $ $ Cost per order—(1) pallet $ $ Delivery charge per order $ $ Comments: ITB—Chemicals for WIT &WWTP,Page 16 of26, 04/01/2019 WWTP (Waste Water Treatment Plant) - CHEMICAL#8: ALUMINUM SULFATE (4,500 Gallon delivery pumped into 8,000-gallon tank) Aluminum Sulfate must meet the following specifications: 1) Percent Concentration Commercial Alum—Approximately 48.8% 2) Total soluble AL203 — 8.3%. 3) Must meet A.W.W.A. specifications. 4) Estimated annual usage—April through November - 80,000 gallons. Estimated usage for 2-year contract is 160,000 gallons. 5) Currently, an order is placed for 4,000 4,500 gallons every two (2) weeks during the months of April through November. 6) Deliver to the City of Ashland, Waste Water Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. Tank truck must be equipped with all proper hoses and equipment for unloading 4,500 gallons into the City's 8,000-gallon tank. 7) Bids must be in the form of dollars per dry ton. July 2019 -June 2020 July 2020 - June 2021 Manufacturer Price per dry ton $ Number of pounds (Lbs.) per gallon Cost per order - 4,500 gallons $ $ Delivery charge per order $ Comments: ITB—Chemicals for WTP&WWTP,Page 17 of 26,04/01/2019 I • BID SUBMISSION The complete bid, including the ITB and any addenda,released by the City shall be submitted in a sealed envelope, properly labeled and received at the address listed below: Envelope must be sealed and labeled as follows. Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Contents: Invitation to Bid Chemicals for WTP & WWTP Due by 2:00:00 PM (PST),Thursday, May 2,2019 Please note: Late proposals will not be considered. No exceptions. It is recommended that you request available delivery options for the City of Ashland area and verify that your method of shipment will arrive prior to the due date and time. DUE DATE AND TIME: The bids must be received at the designated address listed above prior to 2:00:00 PM (PST),Thursday,. May 2,2019. Late bids will not be considered. Faxed or emailed bids will not be considered. EVALUATION PROCESS This ITB allows multiple contracts to be awarded to qualified bidders whose bids substantially comply with the requirements and criteria set forth in the Invitation to Bid and with all the prescribed public procurement procedures and requirements. The City's intent is to award individual 24-month contracts for each chemical to the lowest responsive and responsible bidder(s) for a term beginning in July 1,2019 and ending June 30,2021. The City of Ashland may reject any bid not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all bids upon the City's findings that it is in the best interest of the City of Ashland. The final contract recommendation(s)will be presented to the City Council (Local Contract Review Board) for final approval on May 21, 2019. ITB—Chemicals for WTP&WWTP,Page 18 of 26,04/01/2019 i s a EXHIBIT A City of Ashland 90 N. Mountain Avenue Ashland, Oregon 97520 (541)488-5354 FAX (541)488-5320 BID FORM I,the undersigned, an authorized representative of the bidder whose name is: Company name: T feZ ENS 4,/ — ZA/Tei70/17S4-ir . , �° Address: 57/ A/7? 5r City, State&Zip: Wfi21a4 n 454. 97Sa/ A / Telephonq9-3'50— 62. 7 Email:�oJJa.ide. O.—A e itQc#4r- .Go/n have read and thoroughly understand the contract documents including the Invitation to Bid, general conditions, special conditions, specifications, and all other conditions of the Invitation to Bid issued by the City of Ashland for CHEMICALS FOR THE WATER&WASTE WATER TREATMENT PLANTS. Acting on behalf of my firm which is listed above, I do attest that the goods and services offered by this firm meets the City's specifications in every respect except those described on the attached list of exceptions, and that all exceptions are equal to, or better than,the goods and services specified. Barring circumstances beyond our control, we agree to deliver chemical(s)as specified after receipt of order. This bid is set forth as follows: (Note: Pricing shall be provided as required in the specifications) a1 have attached to this bid a copy of all the bid documents issued by the City of Ashland for this bid. Corporate Officer: Si: ature L' /71fi,hoe Print Name Title: Date: OS/if ITB—Chemicals for WTP&WWTP,Page 19 of 26,04/01/2019 4 • • EXHIBIT B Certificate of Compliance Residency Statement: In compliance with ORS 279B.060(10), each bid must contain a statement as to whether the bidder is a ' ".Resident bidder". This is defined by ORS 279A.120: "Resident bidder" means a bidder that has paid • unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a "resident bidder". tl Yes, I certify that I am a"Resident bidder"as defined by ORS 279A.120. No, I certify that I am not a"Resident bidder" as defined by ORS 279A.120. I am domiciled in the State of dgeit6,y (Indicate State) Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0255(2)(c)(C)(e),I hereby attest or affirm under penalty of perjury:That I am authorized to act on behalf of the contractor in this matter,that I have authority and knowledge regarding the payment of taxes,and that contractor is,to the best of my knowledge,not in violation of any Oregon Tax Laws,as defined in ORS 305.380. • Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4),I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of contractor in this matter,and to the best of my knowledge the contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts, and that the Bidder is not in violation of any Discrimination Laws. • Corporate Officer: • B : / a /6,J Siinature a41, AA18 Print Name Title: / Cf � Date: • ITB—Chemicals for WTP&WWTP,Page 20 of 26,04/01/2019 • • • EXHIBIT C Contract for Goods and Services CITY OF CONTRACTOR:/7/4"4"14- / ASHLAND CONTACT: t'1!1 ,4 77 rD 20 East Main Street Ashland, Oregon 97520 ADDRESS: 57/ _c /7( Telephone: 541/488-6002 ,iota D ! 6 ' 971-a Fax: 541/488-5311 /�f TELEPHONE � � 330- 61217 DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: JeLy / 2-0/7 COMPLETION DATE: .321,4"i go 202-/ COMPENSATION: GOODS AND SERVICES TO BE PROVIDED: 7,K.., e,¢,e a"N 4T! /./L®X y//y61( 7-Ii ve l 1A,u ft G 4, ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents,the City of Ashland Contract for Goods and Services will be primary and take precedence,and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $21,127.46 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit C-B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: ITB-Chemicals for WTP&WWTP,Page 21 of 26,04/01/2019 • • a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. • b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; H. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or Hi. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. • i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 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. Hi. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliqation/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, cord 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 tb the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less ITB—Chemicals for WTP&WWTP,Page 22 of 26,04/01/2019 I $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 C-A and herein incorporated by reference. 22. Consultant's compliance with Oregon Tax Law: (1) Consultant represents and warrants to the City that Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules, regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. (2)Consultant represents and warrants that,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement, it has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules, regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. ITB—Chemicals for WTP&WWTP,Page 23 of 26,04/01/2019 • Contractor: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 to be submitted with the signed contract. Purchase Order No. • ITB—Chemicals for WTP &WWTP,Page 24 of 26,04/01/2019 e EXHIBIT C-A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) ITB—Chemicals for WTP&WWTP,Page 25 of 26,04/01/2019 • • • EX&11BIT C-B •CITY OF ASHLAND-__OREGON City of Ashland LIVING ALL employers described below WAGE must comply with City of Ashland taws regulating intent ofa!Win t ware. $15.12 per hour, effective June 30, 2018. 7 The Living Wage is adjusted annually every Irma June 30 by the Consumer Price Index. ,Employees-must be paid a ol business oftneir employes,if 401K and IRS eligiblecabtaria living wage: tie employer has fen or more plans(mclvding childcare) employees,and has received benefits b the amountof financial assistance br the wages received by the > For all hours worked under a projector bush ess torn tie employee. service contact beSueentneir CityoI shlandltte ce&mnJ employer and the City of $21,127.46. )) Note: For temporary and part-cue employees,the Ashland if Me contract > Their employer is he City of Lising Wage does not apply exceeds$29,727.46 or more. Ashland,including the Parks to The frst1040 hours worked For an hours worked n a and Recreation Department. in anycalendar year. For more details,please see montrt The employee spends > h cabulafing the lining wage, Ashland Municipal Code 50%or more of tie employers may add he vale , Becton 3.12.020_ employee's to in Fairmont ofhealh cars,reirement working on a projector porton For additional information: Call the Ashland City Admhistratorrs office at 541-4.f-6902 or write to the City Administrator, City Hall, 20 East Mein Street, Ashland, OR 97520,or visit the City's website at WWW.ashiand.or.us. Notice to Employers:This notice must be posted predominantly in areas where it can be seen by al employees. C I T Y O F 4 H LAN D • [TB—Chemicals for WTP&WWTP,Page 26 of 26,04/01/2019 Purchase Order Rift,MS Fiscal Year 2020 Page: 1 of: 1 • - -i- 4 I _ I",l , •City of Ashland I ATTN: Accounts Payable Purchase 20 E.L Ashland,lOR 97520 Order# 20200028 T Phone: 541/552-2010 O Email: payable @ashland.or.us V HELENA CHEMICAL COMPANY H C/O Water Treatment Plant N 225 SCHILLING BLVD I 90 North Mountain Ave D STE 300 P Ashland, OR 97520 O COLLIERVILLE, TN 38017 Phone: 541/488-5345 T Fax: 541/552-2329 O Gre• Hunter - 07/09/2019 4717 FOB ASHLAND OR/NET30 Ci Accounts Pa able WTP Chemicals 1 WTP Chemical ITB#2019-101 2 ORDR $8,640.0000 $17,280.00 Chemical#5 Sodium Carbonate Peroxyhydrate Pricing for July 2019 to June 2020 $8,640.00 per order($1.08 per pound, 50 Lb bag, 40 Bags/Pallet, 160 Bags per order, no additional delivery charge) Project Account: Project Account: 2 Pricing for July 2020 to June 2021 2 ORDR $0.0100 $0.02 $8,640.00 per order($1.08 er pound, 50 Lb bag, 40 Bags/Pallet, 160 Bags per order, no additional delivery charge) Project Account: ***********««** GL SUMMARY 081900-601500 $17,280.02 Ii i _ L�--�n Yl Date; 14 � � � --�-= BY: $17 280.02 --- Authorized Signature ,ea: TFORM Y CITY OF ASHLAND REQUISITION O Date of request: 6-6-19 Required date for delivery: 7-1-19 Vendor Name HELENA AGRI-ENTERPRISES LLC Address,City,State,Zip 511 S FIR STREET MEDFORD,OR. 97501 Contact Name&Telephone Number MIKE HAMMOND 541-772-1714 Email address mhammond @helenaagri.com SOURCING METHOD - ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ® Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 5-21.19 ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council:_ ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached ❑ Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 2019-2020 2 ORDERS 4 PALLETS 160 SACKS SODIUM CARBONATE PEROXYHYDRATE $8,640.00 $17,280.00 1 2020-2021 2 ORDERS 4 PALLETS 160 SACKS SODIUM CARBONATE PEROXYHYDRATE $8,640.00 $17,280.00 2 ❑ Per attached quotelproposal TOTAL COST $34,560.00 Project Number _ _ Account Number 08.19.00.601500 Account Number - Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisi on form,I rti that the City's public contracting requirements have been satisfied. Employee: Department Head: ../ i/� or greater<ha$ 000)20/ Department ManagerlSupervisor: City Administrator: •,G'i'.�,.1u__ ►. la t5 t'' 1�_ j,, (Equal to or• eater an$25,000) Funds appropriated for current fiscal year: YE / NO r 14'v 0"-cl kow ri i t'1 fir Fina e Director-(Equal to or greater than$5,000) Date Comments: C 1 Form#3-Requisition ti Council Business Meeting May 21 , 2019 Agenda Item ITB — Chemicals for Water and Wastewater Treatment Plants Paula Brown, PE Public Works Director From Greg Hunter Water Treatment Plant Supervisor David Gies Wastewater Treatment Plant Supervisor paula.brown a(�ashland.or.us 541-552-2411 Contact greq.hunter(a�ashland.or.us 541-488-5345 david.gies(a�ashland.or.us 541-552-2335 SUMMARY Chemicals are required to maintain consistent water quality at the Water Treatment Plant and for compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements at the Wastewater Treatment Plant. Approving the 2019-2021 biennium public contract awards for these chemicals will allow the City's Water Treatment Plant Supervisor and Wastewater Treatment Plant Supervisor to procure the chemicals required to maintain consistent plant operations. POLICIES, PLANS & GOALS SUPPORTED City Council Goals: Goal 1: Develop current and long-term budgetary resilience - Continue to improve the budget process: transparency, rigor, innovation, community involvement, and collaboration Goal 2: Analyze City departments/programs to gain efficiencies, reduce costs and improve services - Implement a cost recovery plan and analysis for each department that coincides with the annual review of fees and charges and revenues Goal 3: Enhance and improve transparency & communication Maintain Essential Services Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION The previous public contracts awarded for these chemicals resulting from an ITB were approved by the City Council on June 6, 2017 for a teiin that began July 1, 2017 and will end on June 30, 2019. BACKGROUND AND ADDITIONAL INFORMATION A formal competitive sealed bid (Invitation to Bid or ITB) is facilitated each biennium to procure chemicals that are used at the Water and Wastewater Treatment Plants because the total cost for these chemicals exceeds $100,000.00. Ten (10) bids were received and individual contracts for each of the eight (8) chemicals will be awarded to the lowest responsible and responsive bidders. The ITB allows multiple contracts to be awarded and public Page 1 of 2 CITY OF ASHLAND • contracts will be awarded to five (5) of the bidders for one or more chemicals. The term for these public contracts will begin on July 1, 2019 and end on June 30, 2021. In accordance with AMC 2.50.080(C), the City Council acting as the Local Contract Review Board is required to approve the award of public contract(s)resulting from a formal competitive sealed bid. The bid tab is attached for your review. The City's intent is to award chemical contracts to the lowest responsive and responsible bidders as follows: Water Treatment Plant Bidder Cost Estimate Cost Estimate FY 2020 FY 2021 Chemical#1 SODIUM HYPOCHLORITL 12.E%+LOW Cascade Columbia $39,060.00 $39,960.00 SALT,FILTERED Distribution Co. CYTEC SUPERFLOC C-573 Chemical#2 FLOCCULANT—OR-NORTHSTAR MOE Northstar Chemical $13,440.00 $13,440.00 106 PWG FLOCCULANT(No Substitution) Chemical#3 CYTEC SUPERFLOC N-300 LMW Univar USA,Inc. $3,480.00 $3,780.00 FLOCCULANT(No Substitution) Chemical#4 SODA ASH,DENSE,FREE FLOWING—Or Cascade Columbia $32,940.00 $34,425.00 Equivalent Distribution Co. SODIUM CARBONATE Helena Agri-Enterprises $8,640.00 to $8,640.00 to Chemical#5 PEROXYHYDRATE,FREE FLOWING— LLC $25,920.00 $25,920.00 "GREENCLEAN"Or Equivalent Bidder'"l Cost Estimate Cost Estimate • D�e..4. .,..,.. ,_,:�_.�_... FY 2020 FY 2021 Chemical#6 SODIUM HYPOCHLORITE 12.5% Cascade Columbia $5,859.00 $5,994.00 Distribution Co. Chemical#7 CITRIC ACID(50 Lb.Bags) Univar USA,Inc. $4,850.00 $5,100.00 Chemical#8 ALUMINUM SULFATE Eco Services $88,544.88 $88,544.88 FISCAL IMPACTS Funds are budgeted each fiscal year for chemicals. Water Treatment Plant FY 2020 - $223,000.00 FY 2021 - $223,000.00 Wastewater Treatment Plant FY 2020 - $140,000.00 FY 2021 - $145,000.00 STAFF RECOMMENDATION Staff recommends public contracts be awarded for these chemicals as outlined above and on the attached bid tab. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1. I move to approve the public contract awards for chemicals ATTACHMENTS ITB #2019-101 Bid Tab for Chemicals for Water&Wastewater Treatment Plants Page 2 of 2 CITY OF ASHLAND