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HomeMy WebLinkAbout2021-037 PO 20220019- Brenntag Pacific Inc Pr ( , ,9a s ryy�- _ Purchase Order ess, os j Fiscal Year2022Page: 1 of: 1 B City of Ashland ATTN: Accounts PayableL 20 E. Main Purchase L Ashland, OR 97520 • Order# 2022001.9 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Water Treatment Plant E BRENNTAG PACIFIC, INC I 90`North Mountain Ave • N FILE#2674 p Ashland, OR 97520 O LOS ANGELES, CA 90074-2674 Phone: 541/488-5345 R T Fax: 541/552-2329 541 726-8258 Alistair Andre zF"li;i-1 �'----3.rn - -_ � ` '----'---�'-.� • j t t } [-1'-le�_.i=.�If 1 � _=____ : 1P'Ili 4� 7I: _S.._ I z�.:t M�_ 1-.�- --E _ Chemicals for WTP - 1 C tec Superfloc C-573 Flocculant, NSF, Certified 9.0 ORDR. $3,462.00 $31,158.00 kDrums Per Order/500 Lbs. Per Drum 2022 (9)Orders @$3;462.00 Per Order No additional charge for delivery Project Account: 2 FY 2023 (9)Orders @$3,462.00 Per Order _ 9.0 ORDR $0.01 $0.09 No additional charge for delivery Invitation to Bid#2021-101 Approved by the City Council June 15, 2021 Goods &Services Agreement Completion date: June 30, 2023 Project Account: ***************GL SUMMARY*************** 081900-601500 $31,158.09 By: _ ti/ Date: P-1-3-7/ [ =r Authorized ********** • _eEz ` $31 158.09, fi ' FORM #3 CITY OF A I�C,4.V.i€:st for a Pr''i.iIC:G1r.SE' (-Joie:. ASHLAND REQUISITION ' --4� Ite of request: 06/0212021 Required date for delivery: Vendor Name BRENNTAG PACIFIC,INC Address,City,State,Zip 10747 PATTERSON PLACE,SANTA FE SPRINGS,CA 90670 Contact Name&Telephone Number LAURA TUA, (562)903-9626 Email address Itua@brenntag.com SOURCING METHOD D Exempt from Competitive Bidding 0 Emergency O Reason for exemption: 0 Invitation to Bid • ❑ Form#13,Written'findings and Authorization O AMC 2.50 Date approved by Council:06-15-2021 0 Written quote or proposal attached ❑ Written quote or proposal attached • (Attach copy of council communication) (If council approval required,attach copy of CC) O Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) j 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# _(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# ' Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement O (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES 0 Special Procurement 0 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 ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$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, 1 FY22 9 2000 lbs .FY22 Cytec superfloc C-573 Flocculant,NSF Certified 3,462.00 31,158.00 2 FY23 9 2000 lbs FY23 Cytec superfoc C-573 Flocculant,NSF Certified 3,462.00 31,158.00 ❑■ Per attached quotelproposal • TOTAL COST 00 Project Number Account Number 0 8 1 9 0 0-6 0 1 5 0 0 62,3. • - 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 co aboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this re iy i sition form,l certify that the City's public contracting requirements have been satisfied. Ai' Employee: ' , Department Head: �`_ 6114(2.0'1 vamp �l j or greater than$5,000) Departmen it _ _ CityAdminj: .t' : ,/moi J //' (Equal to or greater an$25,0 Funds appropriated for current fiscal year: NO 7 ; Finance Director-(Equal to or greater than$5,000) ate Comments: Form#3-Requisition GOODS & SERVICES AGREEMENT (GREATER THAN $25,000) PROVIDER: Brenntag Pacific, Inc. CITY OF PROVIDER'S CONTACT: Laura Tua AS H LAN D Municipal Bid Manager 20 East Main Street ADDRESS: 10747 Patterson Place Ashland, Oregon 97520 Santa Fe Springs, California 90670 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: (562) 903-9626 EMAIL: ltua@brenntag.com This Goods and Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland; an Oregon municipal corporation (hereinafter "City") and Brenntag Pacific, Inc., a foreign business corporation(hereinafter"Provider"), for chemicals for the City's water treatment plant and wastewater treatment plant. 1. PROVIDER'S OBLIGATIONS 1.1 Provide chemicals for the City's water and wastewater treatment plants as set forth in the City's Invitation to Bid #2021-101 and in the "SUPPORTING DOCUMENTS" attached hereto and fully incorporated herein by this reference. Provider acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as the"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with,a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and , • Automobile Liability. • Workers' Compensation 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; Page 1 of 7: Goods and Services Agreement between the City of Ashland and Brenntag Pacific,Inc. • • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under, a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1 _ 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the amounts as provided herein as full compensation for the chemicals specified below and in the SUPPORTING DOCUMENTS. , d' y.. i Fr S Y y-: 7<1r ,5 .�Y ♦ 3 . r" i } ay Estmiated' 'Cost/Order Cost Estamate '*e Cost/drd`er 5 Cost Estimate .. ...c a 4 #to''A fr` aFsYr2022 • r L r+ w: ordersF` r (Includesr (July 1,2021.. `s¢ '(Includes (July/1;2022 - ` �' per FY= delivery) '• Jun 30,-2022), £ i.dehvery) June 30,2023) w -t.o CYTEC SUPERFLOC C-573 Chemical#3 FLOCCULANT 9(+/-) $3,462.00 $31,158.00 $3,462.00 $31,158.00 Manufacturer:Kemira CYTEC SUPERFLOC N-300 Chemical#4 LMW FLOCCULANT 6(+/-) $1,554.60 $9,327.60 $1,554.60 $9,327.60 Manufacturer:Cytec z F' ,• %t '} "A • t.4"( �tti ,Total Amounts-FYt 2022, $40,485.60 all 2023, a: $40,485.60 Page 2 of 7: Goods and Services Agreement between the City of Ashland and Brenntag Pacific,Inc. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$80,971.20 (eighty thousand nine hundred and seventy-one dollars and twenty cents), without the express, written approval from,the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. `Provider 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 the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.8 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.9 Provider shall defend, save,hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from or arising out of the negligence,of Provider or its officers, employees, contractors, or agents acting under this Agreement. However,Provider shall not be held responsible for any losses, expenses,-claims, costs,judgments, or other damages caused solely by the negligence of the City. Page 3 of 7: Goods and Services Agreement between the City of Ashland and Brenntag Pacific,Inc. 3.10 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, fire, or other events beyond the control of the other or the other's officers, employees or agents. If any damage or delay in the performance of this Agreement is caused by such an event of force maj eure, the terms of this Agreement will be equitably adjusted. 3.11 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.12 Deliveries of the Goods will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud, and warranties. 3.13 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.14 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture and free from all liens and encumbrances. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are, collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" • Exhibit A: The Provider's complete written bid dated May 24,2021. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. • 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; Page 4 of 7: Goods and Services Agreement between the City of Ashland and Brenntag Pacific,Inc. 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,-collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date") and shall continue in full force and effect until June 30, 2023, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen(14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland Attention: Alistair Andre, Water Treatment Plant Supervisor 90 N. Mountain Avenue Ashland, Oregon 97520 Telephone: (541) 488-5345 With a copy to: City of Ashland Attention: Legal Department 20 E. Main Street Ashland, Oregon 97520 Telephone: (541)488-5350 If to Provider: Brenntag Pacific, Inc. Attention: Laura Tua,Municipal Bid Manager 10747 Patterson Place Santa Fe Springs, California 90670 Telephone: (562) 903-9626 • Page 5 of 7: Goods and Services Agreement between the City of Ashland and Brenntag Pacific,Inc. ti 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider 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 Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, 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 Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. Page 6 of 7: Goods and Services Agreement between the City of Ashland and Brenntag Pacific,Inc. 7r IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names . by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: BRENNTA 'A C C,INC ROVIDER): By: By: A am Hanks, City Manager Pro Tem '': a e 7%0( Date Printed Name GCI1.Ii ye/ alf /7weiizey. Title �/ 7/06,7021 D Purchase Order No. ° 02 . ( (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: ssistant ity Attorney Date Page 7 of 7: Goods and Services Agreement between the City of Ashland and Brenntag Pacific,Inc. ® ACaPREP DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 07/14/2021 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. PHPHON: E FAX 1717 Arch Street (NC.No.Ext): AIC,Nol: Philadelphia,PA 19103-2797EMAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# CN101263979-ALL-GAW-21-22 INSURER A:Insurance Company Of The State Of PA 19429 INSURED INSURER B:ACE American Insurance Company 22667 BRENNTAG PACIFIC,INC. 10747•PATTERSON PLACE INSURER C:Indemnity Insurance Company of North America 43575 SANTA FE SPRINGS,CA 90670INSURER D:ACE Fire Underwriters Insurance Company 20702 . INSURER E: . INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006117481-43 REVISION NUMBER: 14 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/DD/YYYY) • A X COMMERCIAL GENERAL LIABILITY X -GL6634468 01/01/2021 01/01/2022 EACH OCCURRENCERENTED _ $ 2,000,000 DAMAGE TCLAIMS-MADE X OCCUR , PREM SESO(Ea occurrence) $ ' 1,000,00( X CONTRACTUAL LIABILITY I MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO-T LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JEC OTHER: $ • B AUTOMOBILE LIABILITY X ISAH25312843 . 01/01/2021 01/01/2022 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS _ BODILY INJURY(Per accident) $ _ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE .AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WLRC67823564(CA&MA) 01/01/2021 01/01/2022 X PER OTH- AND EMPLOYERS'LIABILITYSTATUTE ER C Y/N WLRC67823527( )AOS 01/01/2021 01/01/2022 1,000,000 ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBEREXCLUDED7 N NIA SCFC67823606(WI) 01/0112021 01/01/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:SUPPLYING CHEMICALS TO BOTH THE WATER TREATMENT PLANT LOCATED AT:90 N.MOUNTAIN AVENUE,ASHLAND,OR 97520 AND THE WASTE WATER TREATMENT PLANT LOCATED AT 1195 OAK STREET,ASHLAND,OR 97520. • THE CITY OF ASHLAND,OREGON,AND ITS ELECTED OFFICIALS,OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED,EXCEPT FOR WORKERS COMPENSATION,WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION ' CITY OF ASHLAND,OR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:KARI OLSON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 NORTH MOUNTAIN AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND,OR 97520 AUTHORIZED REPRESENTATIVE _ . of Marsh USA Inc. I Manashi Mukherjee -14-au +%� aoti 1 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and-logo are registered marks of ACORD 2 ADDITIONAL INSURED— DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Brenntag North America, Inc. Endorsement Number 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H25312843 01/01/2021 To 01/01/2022 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder&the information is lo be completed only when this endorsement is Issued subsequent 33 the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered"auto,"Who Is Insured is amended to include as an"insured,"the persons or organizations named in this endorsement. However,these persons or organizations are an"insured"only for"bodily injury"or"property damage"resulting from acts or omissions of: 1. You. 2. Any of your"employees"or agents. 3. Any person operating a covered"auto"with'permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74c(03/16) Page 1 of 1 • • ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2021 forms a part of policy No.gl 663-4468 issued to BRENNTAG NORTH AMERICA, INC. By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Additional Insured: • AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. SECTION II - WHO IS AN INSURED, 1., is amended to add: f) Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured, under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance for that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance a. Primary In- surance, is amended to read: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, however, were required by contract the additional insured's own insurance will not be deemed primary. Then, we will share with all that other insurance by the method described in c. below. Authorized Representative or Countersignature (in States Where Applicable) 83644 (11/05) Page 1 of 1 • • AelSPRO® CERTIFICATE OF LIABILITY INSURANCE D0TE(MMID1D Y) 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:PHONE 1717 Arch Street (A/C.No.Ext): (A/C,No): Philadelphia,PA 19103-2797 EMAIL • ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN101263979-ALL-GAW-21-22 INSURER A:Insurance Company Of The State Of PA 19429 INsuREoINSURER B:ACE American Insurance Company • 22667 BRENNTAG PACIFIC,INC. 10747 PATTERSON PLACE INSURER c:Indemnity Insurance Company of North America 43575 SANTA FE SPRINGS,CA 90670 • INSURER D:ACE Fire Underwriters Insurance Company 20702 INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER: CLE-006117481-43 REVISION NUMBER: 14 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) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY X GL6634468 01/01/2021 01/01/2022 EACH OCCURRENCE $ 2,000,000 . DAMAGE TO RENTED ' CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $ 2,000,000 X _POLICY jECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY X ISAH25312843 01/01/2021 01/01/2022 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR • - EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ . B WORKERS COMPENSATION - WLRC67823564(CA&MA) 01/01/2021 01/01/2022 X PER ETH AND EMPLOYERS'LIABILITY YIN WLRC67823527(AOS) 01/01/2021 01/01/2022 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBEREXCLUDED7 N N/A 0 SCFC6782366 WI (Mandatory In NH) ( ) 01/01/2021 01/01/2022 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 [(yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:SUPPLYING CHEMICALS TO BOTH THE WATER TREATMENT PLANT LOCATED AT:90 N.MOUNTAIN AVENUE,ASHLAND,OR 97520 AND THE WASTE WATER TREATMENT PLANT LOCATED AT 1195 OAK STREET,ASHLAND,OR 97520. THE CITY OF ASHLAND,OREGON,AND ITS ELECTED OFFICIALS,OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED,EXCEPT FOR WORKERS COMPENSATION,WHERE REQUIRED BY WRITTEN CONTRACT. • CERTIFICATE HOLDER CANCELLATION • CITY OF ASHLAND,OR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:KARI OLSON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 NORTH MOUNTAIN AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND,OR 97520 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee • ,,. Luk tiaea fir.e1 it z ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 2 • , . • • , ADDITIONAL INSURED — DESIGNATED PERSONS OR.ORGANIZATIONS' Named Insured Brenntag North America, Inc. Endorsement Number. 1 Policy Symbol Policy Number Policy Period. Effective pate of Endorsement 18A, [1253.1.28.4.p. 01/01/2021 -rcr 01101/2022 'IsSued By'(Name of Insurante•Ccrivany): • ACEArnerieari Insurance company Insert the policy number.The remainder of thsintorritation.is to be completed only when this endorsement is issued subsequent•to.the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE.FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional insured(s):. Any person or organization whom you have:agreed to include as an additional insured. ',Under a writtertcOntract, provided such contract was executed prior to the date of loss • • A. For a coveted"apto;"Who Is Insured IS einendedlo Include as an lnsUreci,'the persons ororganizatioris named in this endorsement: However,these persons or organizations are en"insured"only for"bodily injury"Or"prOperty cian*e"result.ih4from-adstieonilsicilig Of: 1. 'You. 2'. Any of your"employeee or agents. 3; Any person operating a covered"auto"with permission from you, any of yo.ursnemployeee or agents. B. The persons cir organizations named In thl3 endorsement are'not liable for payment of your premium. • • Authorized Representative • • • pA-9U74p(016) fiage I of1 .• • • . . ENDORSEMENT • •• This endorsement, effective 12:01 A.M. 01/01/2021 forms a part of policy 1.0.11 663-4468 issued to BRENNTAG NORTH AMERICA, 1N • By THE INSURANCE COMPANY QF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY; PLEASE READ IT CAREPULLY. ADDITIONAL INSURED - WHERE'REQUIRED UNDER CONTRACT 'OR.AGREEMENT This endorsement.modifies insurance provided under the.folinwin#1. con.4M, E.FiciAL GENERAL LIABILITY COVERAGE•Fal3M. • • Schedule Additional Insured:- AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. SECTION -WHO IS AN INSURED, 1., is amended to add: • f) Any person or organization, shown in the schedule-above, to whom you 'becorne. obligated, to include. as an additional insured under this as a result of any contract or agreement you.enter into which requires you.to *furnish insurance for that person or organization of type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, ,the insurance proyided..will not exesed.the• lesser of: 1,, The coverage and/or limits of this policy, or • 2. The.coverage and/dr limits.requifed by said.contraCt r agreement SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance a. Primary iri- suianCe, is amended to read: • a. Primary Insurance .• • This insurance is primary except when h. helm applies. If this Insurance is primary,. our :obligations are not affected unless any of the other insurance is.also primary, however, were required by contract the additional insured's own insurance will not be deemed:primary. Then,we will share with all that other insurance by the method described in c. below. • ' • • • Authorized Representative or Countersignature (hi. Where Applicable) 83644 (11105) Page lotl EXHIBIT A Brenntag Pacific, Inc. -BUN AMOW • L . Laura Tua Municipal Bid Manager Water Additives Brenntag Pacific,Inc. 10747 Patterson Place Santa Fe Springs,CA 90670 Telephone: (562)903-9626111 Cell: (323)997-5529 Email: Itua@brenntag.com ConnectingChemistry .CIT If AF H LA Invitation to Bid ( IT B #2021 -101 CHE , .' 1CALS WATER & WASTEWATER TREATMENT PLANTS Date of Release: April 27, 2021 Bids are due prior to: 2:00:00 PM (PST), Thursday, May 27, 2021 Contracting Agency: City of Ashland • Sole Point of Contact: Kari Olson Title: Purchasing Specialist Address: City of Ashland 90 N. Mountain Avenue Ashland, 01T97520 • Telephone: (541) 488-5354 • Fax: (541) 488-5320 Email: kari.olson@ashland.0r.us ITB—Chemicals for WTP&WWTP,Page 1 of 29,04/27/2021 PUBLIC NOTICE: • CITY 0 W ASHLAND Invitation to Bid #2021-101 CHEMICALS FOR WATER & WASTEWATER TREATMENT PLANTS Bids are due by 2:00:00 PM (PST), Thursday, May 27, 2021 The City of Ashland is seeking bids for nine (9) chemicals for use at the Water and Wastewater Treatment Plants as specified in this ITB. Bidders are encouraged to bid on any number of chemicals they can provide as specified. The City's intent is to award a 24-month contract for each of the chemicals to the lowest responsive and responsible bidders whose bids substantially comply with the requirements and criteria set forth in the ITB. The 24-month contract term will begin on July 1, 2021 and end on June 30, 2023. The INVITATION TO BID is available online at www.ashland.or.us Scroll down the City's home page and click on"Proposals,Bids and Notifications". Click on REQUEST BID PACKET(below the public notice),log in to the system and download the solicitation documents. You will need to log in to the system each time you would like to download the solicitation documents and any subsequently issued addenda. In accordance with AMC Section 2.50.080, competitive sealed bids may be available online, but bidders will NOT be able to submit their bids or responses online. Bids must be delivered in hard copy form to the City in accordance with the requirements outlined in the ITB. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for subsequently issued instructions, addenda, and related materials. Sealed bids must be received by 2:00:00 PM (PST), Thursday, May 27, 2021, in the purchasing office by the Purchasing Specialist,Kari Olson, City of Ashland, 90 N. Mountain Avenue, Ashland, Oregon 97520. The bids will be publicly opened and read at 2:00:00 P M (PST), Thursday, May 27, 2021. Kari Olson Purchasing Specialist City of Ashland, Oregon kari.olson@ashland.or.us Telephone: 541-488-5354 Published: April 27, 2021 ITB—Chemicals for WTP&WWTP,Page 2 of 29,04/27/2021 , BID NO: 2021-101 RELEASE DATE: April 27, 2021 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 & WASTEWATER TREATMENT PLANTS The City of Ashland("City") is accepting bids for the purchase of CHEMICALS FOR USE AT THE WA[ER&WASTEWATER 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 Specialist, City of Ashland, 90 N. Mountain Avenue,Ashland, Oregon 97520,by 2:00:00 PM (PST), Thursday, M av 27, 2021.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: 2021-101 PURCHASE OF CHEMICALS FOR WTP & WWTP BID OPENING: 2:00:00 PM (PST),THURSDAY, MAY 27, 2021 In compliance with OAR 137-047-0255(2)(c)(A),the solicitation schedule is as follows: ACTIVITY DATE Invitation to Bid Release April 27, 2021 1"Public Notice April 27,2021 Deadline for Submitting Questions and 5:00:00 PM (PST), Monday, May 17, 2021 Requests for Additional Information ITB Protest Period Ends 5:00:00 PM (PST), Monday, May 17, 2021 DUE DATE AND TIME 2:00:00 PM (PST), THURSDAY, MAY 27,2021 F O R 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 28—June 2,2021 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 June 15,2021 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 1,2021 to June 30,2023 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. ITB—Chemicals for WTP&WWTP,Page 3 of 29,04/27/2021 WTP (Water Treatment Plant) - CHEMICAL #3: CYTEC SUPERFLOC C-573 FLOCCULANT.—OR- POLYDYNE MOE 106PWG FLOCCULANT (No Substitution) Cytec Superfloc C-573 Flocculant or Polydyne 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,nine (9) +1-orders per year. 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 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 Kemira July 2021' - June 2022 July 2022 - June 2023 Price per pound (Lb.) 8 $1.7310 $ $1.7310 Cost per 500 Lb. drum $ 865.50 $ 865.50 Cost per order— (4) each 500 Lb. drums$ 3,462.00 $ 3,462.00 Delivery charge per order $ 0.00 $ 0.00 Comments: ITB—Chemicals for WTP&WWTP,Page 14 of 29,04/27/2021 WTP (Water Treatment Plant) - CHEMICAL #4: CYTEC SUPERFLOG 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, six(6)+/- orders per year. 4)Prefer delivery directly at the WTP (located above Lithia Park)—limited access above Lithia Park—28' +/-delivery truck is acceptable. Accessibility will need to be verified and confirmed. Acceptable secondary delivery location is the City of Ashland, Service Center, 90 N. Mountain Avenue,Ashland, Oregon, 97520. Forklift can be provided by the City. 5)Deliver eight(8)bags per pallet,25 kg, or 55.12 Lb. per bag, on pallet jackable pallets. 6) Bids must be in the form of dollars per pound (Lb.). 7) Labeling must include NSF certification symbols on product containers. Manufacturer CYTEC July 2021 -June 2022 July 2022- June 2023 Price per pound (Lb.) $ 3.5255 $ 3.5255 Cost per 25 kg o r"55.12 Lb. bag 55.12 Lb. bag s 194.32 s 194.32 Cost per order - (8) Bags $ 1,554.60 $ 1554.60 Delivery charge per order 3 0.00 $ 0.00 • Comments: ITB—Chemicals for WTP&WWTP,Page 15 of 29,04/27/2021 WTP (Water Treatment Plant) - CHEMICAL #5: SODA ASH, DENSE, FREE FLOWING. 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,thirteen(13) +/-orders per year. 5)Delivery required 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. 6)Deliver 54 bags per pallet, 50 Lbs.per bag, on pallet jackable pallets. 7)Labeling must include NSF certification symbols on product containers. • 1 8)Bids must be in the form of dollars per pound(Lb.). Manufacturer Genesis Specialty Alkali Number of pounds (Lbs.) per•bag 50 Number of bags per pallet 54 July 2021 - June 2022 July 2022 - June 2023 Price per pound (Lb.) $0.2867 $0.2867 Cost per order— 270 bags, (5) pallets $3870.45 $3870.45 Delivery charge $0.00 $0.00 Comments: ITB—Chemicals for WTP&WWTP,Page 16 of 29,04/27/2021 • WTP (Water Treatment Plant) - CHEMICAL #6: 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. (Mandatory for storage purposes.) 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) Deliver to 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., 1-5 times per year. Manufacturer Brenntag Pacifc, Inc. / Solvay Number of pounds (Lbs.) per bag 50 Number of bags per pallet 49 i July 2021 - June 2022 July 2022- June 2023 Price per pound (Lb.) $1.4663 , $ 14663 Cost per order— 160 bags, (4) pallets $11,730.4 $ 11,730.4 Delivery charge $0.00 $0.00 Comments: ITB—Chemicals for WTP&WWTP,Page 17 of 29,04/27/2021 • WWTP (Wastewater Treatment Plant) - CHEMICAL #7: SODIUM HYPOCHLORITE 12.5% Sodium Hypochlorite 12.5%must meet the following specifications: 1)Estimated usage—July through June—(12)Totes, 300-330 gallons per tote, 3,960 gallons (if 330 gal/tote). Estimated usage for 2-year contract is 7,920 gallons. 2) Currently an order is placed for 2-3 totes per order. 3)Deliver to the City of Ashland, Wastewater 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 Brenntag Pacifc, Inc. Number of gallons per tote 330 July 2021 -June 2022 July 2022- June 2023 Price per gallon (gal) S 2.7075 S 2.7075 Cost per tote S 893.475 $ 893.475 Cost per load/order - (2) Totes S 1,786.95 5 1,786.95 Delivery charge per order S 0.00 S 0.00 Comments: refundable tote deposit may apply ITB—Chemicals for WTP&WWTP,Page 18 of 29,04/27/2021 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 Specialist of the bidder whose name is: Company name: Brenntag Pacifc, Inc. Address: 10747 Patterson Place • City, State&Zip: Santa Fe Springs, CA 90670 Telephone:562 903-9626 Email: Ltua@brenntag.com have read and thoroughly understand the contract documents'including the ITB, general conditions, special conditions, specifications, and all other conditions of the ITB issued by the City of Ashland for CHEMICALS FOR USE AT THE WATER & WASTEWATER 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 on the individual specification sheets for each chemical.) • I have attached to this bid a copy of all the bid documents issued by the City of Ashland for this bid. Corporate Officer: By: --_- gnature - Laura Tua (on behalf of David Eckelbarger,President) Print Name Title:Municipal Bid Manager Date: May 24, 2021 ITB—Chemicals for WTP&WWTP,Page 22 of 29,04/27/2021, 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". J 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 Oregon (Indicate State) Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0255(2)(c)(C)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the contractor-in this matter,that I have authority and knowledge regarding the payment of taxes,and that contractor is,to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4),I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of contractor in this matter, and to the best of my knowledge the contractor has not discriminated against minority,women or emerging small business enterprises in obtaining any required subcontracts, and that the Bidder is not in violation of any Discrimination Laws. Corporate Officer By: •w �. gnature Laura Tua (on behalf of David Eckelbarger,President) Print Name Title:Municipal Bid Manager Date: May 24, 2021 ITB—Chemicals for WTP&WWTP,Page 23 of 29,04/27/2021 BRENNTAG_JIMF . May 24,2021 EXCEPTIONS Kari Olson, Purchasing Specialist City of Ashland 90 N.Mountain Avenue Ashland,OR 97520 Telephone: (541)488-5354 Fax: (541)488-5320 Email: kari.olson@ashland.or.us Invitation to Bid (ITB) 0 #2021-101 CHEMICALS WATER &WASTEWATER TREATMENT PLANTS Our submission of a quotation in response to this bid should not be construed as an acknowledgement of our acceptance of all the contractual terms set forth in any subsequent Purchase Order, contract, or agreement to be presented at a later date to the successful bidder. Accordingly, Brenntag Pacific, Inc. reserves the right to request reasonable amendments to the contractual terms should it be the successful bidder. Exceptions to the following sections: Sole Indemnity Related Indemnity If awarded, Brenntag would like the opportunity to negotiate these terms as written. Brenntag will indemnify the agency only to the extent of our sole negligence. Delivery and Time is Brenntag agrees to deliver product within the specified delivery of the Essence window.We cannot be liable for damages for late delivery if such delay is due to force majeure and what type of events constitute force majeure. Force Majeure Contract does not include Force majeure language. If awarded Brenntag requests for the language to be added and to include the following:Along withffire,acts of God or government regulation, Force majeure must also include events beyond the control of the company. Warranty Company normally warrants that the product will, upon delivery, meet specification and be free from all liens and encumbrances.