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HomeMy WebLinkAbout2021-103 PO 20220026- Helena Chemical Co. JI • Purchase Order Wel r Via L-L911d a :: Fiscal Year 2022 Page: 1 of: 1 B I City of Ashland L ATTN: Accounts Payab,e Purchase L 20 E. Main 20220026 Ashland, OR 97520 • Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us VHELENA CHEMICAL COMPANY H C/O Water Treatment Plant N 225 SCHILLING BLVD 90 North Mountain Ave D STE 300 P Ashland, OR 97520 OR • COLLIERVILLE, TN 38017 Phone: 541/488-5345 T Fax: 541/552-2329 Alistair Andre _t•i'1=IEe.1€' 4717 FOB ASHLAND OR/NET30 Ci Accounts Pa able Chemicals for WTP 1 GreenClean Pro Algaecide, Bio-Safe Systems 5.0 ORDR $8,640.00 $43,200.00 • (4) Pallets Per Order 40 Bags/Pallet 50 Lbs./Bag FY 2022 (5) Orders @$8,640.00 Per Order $1.08/Lb. No additional charge for delivery Project Account: 2 FY 2023 (5) Orders @$8,640.00 Per Order 5.0 ORDR $0.01 $0.05 $1.08/Lb. 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 • $43,200.05 I • By: Date: -/2.//2-42/ uth rized Signature ° 3 FORM #3CITY OF ' o ASHLAND A request for a' ufc l a ' a l< � ,a0,2. --& 7-O REQUISITION Date of request: 06/1412021 ' Required date for delivery: 06/28/2021 Vendor Name HELENA AGRI-ENTERPRISES LLC Address,City,State,Zip 511 SOUTH FIR STREET, MEDFORD,97501 Contact Name&Telephone Number Mike Hammond Helena Agri Ent.,LLC Whse.Mgr. 541-772-1714 Email address ' hammondm@helenaagri.com SOURCING METHOD ' ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑� Invitation to Bid , 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council:_ G`l%kefzI ❑ Written quote or proposal attached 1=1 Written quote or proposal attached MI (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: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(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 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$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 ❑ 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:_ 1 ❑ 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 5 9800 LBS FY 22 GREENCLEAN PRO ALGAECIDE , 8,640.00 43,200.00 2 FY23 5 9800 LBS FY 23 GREENCLEAN PRO ALGAECIDE 1 8,640.00 43,200.00 El Per attached quotelproposal `TOTAL,COST' Project Number Account Number 0 8 1 9 0 0.8 0 1 5 0 0 86,40° 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 boration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this re,It.ition form,I certify that the City's public contracting requirements have been satisfied. I Employee�` Department Head: 'Ira. 4 r41202 .11111 'moo or greater than$5,000) Department,i an ger/Supervisor: CityAdmini ator: - i ''', quaI to or greater than$25,000) Funds appropriated for current fiscal year: —YES—/-110 — i �1/ Finance Director-(Equal to orgre ertha 5,000) Date Comments: - Form#3-Requisition - IS f GOODS & SERVICES AGREEMENT PROVIDER: Helena Agri-Enterprises,LLC CITY OF PROVIDER'S CONTACT: Mike Hammond AS H LAN D Warehouse Manager 20 East Main Street Ashland, Oregon 97520 ADDRESS: 511 S. Fir Street,Medford, OR 97501 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: (541) 772-1714 EMAIL: hammondm@helenaagri.com This Goods and Services Agreement (hereinafter "Agreement") is entered intoby and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Helena Agri-Enterprises, LLC, a foreign limited liability company ("hereinafter"Provider"), for Water Treatment Plant Chemical. 1. PROVIDER'S OBLIGATIONS 1.1 Provide WTP chemical as specified in the Invitation to Bid#2021-101 and as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly 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 "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 ofsuch 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; • 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. Page 1 of 6: Goods and Services Agreement between the City of Ashland and Helena Agri-Enterprises,LLC 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. • 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the amounts as follows and as provided herein as full compensation for the Chemical specified below and in the SUPPORTING DOCUMENTS. • �c s •,, Estimated#hof orders , x G w s S s x *.�t a K �c a f+, t° '., t ,4-. 3 4 k + � f q. '�h.� ..Cost r.g„t L:1 } 4 ostS`. a u s5 #per fiscal year Cost/O der : t `� > ` ` bi xj K( d a. a t . t r z rr Estimatet0" Co t/Ordery z '4, ,�, Or, ersvnl[6esplace asp `FY`2023{k ' Esftmate�s VWater;Treatment Plant ': s ' needed the-e are nod, „ ' `2022 FY ZU22 r d ,� yy +> v' FY 2023 ak,.., s '9 + 'yY. '4. .,-S.✓' dal y �$.. t .g aranteesas to'#the' ; (;IRcIudeS July 1,202,, � r4.; 'Y`�"�s" 2 - (.Tuly"1, 022 • r .�.�.t t F •"35te . ai numb`eriof orders�that will r ,•••WS7j F p^• w �.deIlV¢ery)„:y"� `? ie -ya 2 i - s r 4.g rs A a June 302022 a dnhe 30,20239,E c .,.: �h .! '� ?f .. .ce - ..;l:i"` -0 ea �+ [4 4 *. 7 t YA"y,' '#`�.• x a Pl 9" be placedapemfiscalNearl �x air '� F �? SODIUM CARBONATE Chemical#6 PEROXYHYDRATE, 1-5 (+/-) $8,640.00 $43,200.00 $8,640.00 $43,200.00 FREE FLOWING- Manufacturer: Bio Safe v� !TotalAmounts-F1'2022; $43,200.0041-(-i(121 :' $43,200.00 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$86,400.00(eighty-six thousand four hundred dollars)without 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. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Helena Agri-Enterprises,LLC 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 no-Can 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 o 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 fall 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, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 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,or other events beyond the control of the other or the other's officers, employees or agents. 3.11 If any pAgreement of this A eement 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. Page 3 of 6: Goods and Services Agreement between the City of Ashland and Helena Agri-Enterprises,LLC P. 3.12 Deliveries 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. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 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; 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 TERNIINATION 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. Page 4 of 6: Goods and Services Agreement between the City of Ashland and Helena Agri-Enterprises,LLC 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: Helena Agri-Enterprises, LLC - Attention: Mike Hammond, Warehouse Manager 511 S. Fir Street Medford, OR 97501 Telephone: (541) 772-1714 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 lawsof 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. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Helena Agri-Enterprises,LLC • 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. 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: HELENA • GRI-ENTERPRISES,LLC By: � -- By: ;I/ / • . City Manager Si, ature dh k r� I- SA7 Printed Name Printed Name 7X0i Act.0-0L Date Title 6 6 46 /2021 Date Purchase Order No. 2 og4 (W-9 is to be submitted with this signed Agreement),.. APPROVED AS TO FORM: l-?4,..€ 4 Assistant City Attorney Date Page 6 of 6: Goods and Services Agreement between the City of Ashland and Helena Agri-Enterprises,'LLC ACORDC ® , DATE(MM/DDIYYYY) `� CERTIFICATE OF LIABILITY INSURANCE onoe/zozl 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(les)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 Carol Kincaid • ' •'' MARSH USA INC.' • NAME: 6410 Poplar Avenue,Suite 540 - roc.o,Ext): 901684 3667 (A/C,No): 901761-0408 Memphis,TN 38119 ADORess: caroAIL . l.a,kincaid@marsh.com ' • • • INSURER(S)AFFORDING COVERAGE NAI(it CN102359568-HCC-#4-20-21 44999 Al Yes INSURER A:AIU Insurance Co 19399 • -' _ INSURED INSURER B:National Union Fire Ins Co.of Pittsburgh PA 19445 •• ' Helena Agri-Enterprises,LLC 225 Schilling Boulevard INSURER C: • ' • Suite#300 • INSURER •D: ' Collierville,TN 38017 . . . . INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-004964314-14 REVISION NUMBER: 15 • - • • 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. . tNSR LTR TYPE OF INSURANCE ANBD Sip POLICY NUMBER POLICY EFF POLICY EXP . LIMITS " (MM/DD/YYYY) (MM/DDIYYYY) , B 'X COMMERCIAL GENERAL LIABILITY X GL1728981 10/01/2020 10/01/2021 EACH OCCURRENCE $ • • 1;000,000' DAMAGE TO RENTED CLAIMS-MADE• X OCCUR PREMISES(Ea occurrence) $ 1,000,000 X Contractual Liability MED EXP(Any one person) $ 5,000 ' • PERSONAL 8,ADV•INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ . 1,000,000 • • X POLICY PRO- LOC EXCLUDED JECT PRODUCTS $`•' OTHER: $ ' B AUTOMOBILE LIABILITY X CA4594415(AOS) 10/01/2020. 10/01/2021 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO CA4594416(MA) 10/01/2020 10/01/2021 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 • • • .- $' ' '• -• UMBRELLA LIAB . OCCUR EACH OCCURRENCE . .5 , EXCESS LIAB CLAIMS-MADE - AGGREGATE '$ • DED RETENTION$ $ A WORKERS COMPENSATION WC045886783 10/01/2020. . 10/01/2021 x PER ETH. AND EMPLOYERS'LIABILITY R ANYPROPRIETOR/PARTNERIEXECUTIVE Yf N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N NIA (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/VEHICLES (ACORD 101,Additional Remarks$chedule,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 listed as Additional Insureds on the Automobile and General Liability if and to the extent 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. 1 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Paul Woods /y,,.P „e ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) - The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: CN102359568 . • • LOC#: Memphis ACCPREP ADDITIONAL REMARKS SCHEDULE . , Page 2 of 2 • AGENCY _ NAMED INSURED MARSH USA INC. Helena Agri-Enterprises,LLC 225 Schilling Boulevard POLICY NUMBER Suite#300 • Collierville,TN 38017 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS , THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance • Workers Compensation Continued: • • Carder:AIU Insurance Company(AL,AR,AZ,CO,DE,GA,IA,ID,IL,IN,KS,KY,LA,MA,MD,MI,MN,MO,MS,MT,NC,NE,NJ,NM,NV,NY,OK,OR,PA,SC,SD;TX,VA) Policy No.:WC045886783 Effective Date:10/01/2020 Ekpiration Date:10/01/2021 • Carder.New Hampshire Ins.Co. Policy No.:WC045886784(MA)Monopolistic States • • Effective Date:10/01/2020 Expiration Date:10/01/2021 ' • • • • Carder:AIU Insurance Co. Policy No.:WC045886785(CA) • Effective Date:10/01/2020 Expiration Date:10/01/2021 Carrier:AIU Insurance Co. Policy No.:WC045886786(FL) Effective Date:10/01/2020 - Expiration Date:10/01/2021 EL limits are$2,000,000 except$1,000,000.Employers Liability for states of GA,MI,MN and VA,which is the maximum Employers Liability limit allowed in those states. • Deductible is 81 by accident$1,000,000/by disease$1,000,000/All covered BI aggregate$20,000,000. • • • • • • • • • • • • • ACORD 101 (2008/01) • ©2008-ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACQRD • ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01/2020 forms a part of • • Policy No.CA 459-44-15 issued to HELENA AGR I-ENTERPRI SES, LLC • by NAT l ONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 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: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto" . I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured; is amended to add: d. 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 to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered • "auto". However, the insurance provided will not exceed thelesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. -/‘.--711 • AUTHORIZED REPRESENTATIVE • • • • • • • 87950 (9/14) A.Chi lguighted information of Insurance Services Office, Inc., Page 1 of 1 NJ' with its permission, • ENDORSEMENT This endorsement, effective 12:01 A.M.10/01/2020, forms a part of policy No. CA 459-44-16 issued to HELENA AGRI-ENTERPRISES, LLC by National Union Fire Insurance Company of Pittsburgh, Pa. 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: BUSINESS AUTO COVERAGE FORM SCHEDULE ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS, BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF A COVERED"AUTO." I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. —Who Is Insured, is amended to add: d. Any person or organization, shown in the scheduleabove, 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 to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". 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. . • • lb 87950(10/05) AUTHORIZED •EPRESENTATIVE POLICY NUMBER: GL 172-89-81 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE • Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. . A. Section II - Who Is An Insured is amended to agreement, the insurance afforded to such include as an additional insured the person(s) or additional insured will not be broader than organization(s) shown in the Schedule, but only that which you are required by the contract with respect to liability for "bodily injury", or agreement to provide for such additional "property damage" or "personal and advertising insured. injury" caused, in Whole or in part, by your acts B. With respect to the insurance afforded to these or omissions or the acts or omissions of those additional insureds, the following is added to acting on your behalf: Section III - Limits Of Insurance: 1. In the performance of your ongoing If coverage provided to the additional insured is operations; or ( required by a contract or agreement, the most 2. In connection with your premises owned by we will pay on behalf of the additional insured or rented to you. is the amount of insurance:. However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable limits of insured only applies to,the extent permitted insurance; by law; and whichever is less. 2. If coverage provided to the additional This endorsement shall not increase the insured is •required by a contract or , applicable limits of insurance: CG 20 26 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 Page 1 of 2 ACORD EVIDENCE OF PROPERTY INSURANCE DATE(MMIDDIYYYY) ` v 06/30/2021 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. • AGENCY PHONE 1-877-945-7378 COMPANY (AIC,Na.Ext): Willis Towers Watson.Northeast, Inc. Sompo.A►terica Insurance Company c/o 26 Century Blvd Two World Financial Center • P.O. Box 305191 255 Liberty Street, 43rd Floor Nashville, TN 372305191 USA New York, NY 102811058 • fAX 1-888...4i7-2378 EM• AIL certificates@willis.com • CODE: SUBCODE: ' AGENCY • • 'CUSTOMER 105: • • INSURED. LOAN NUMBER• POLICY NUMBER Helena Agri-Enterprises, LLC HPR10.047G0 225 Schilling,Blvd, Suite 300 • Collierville, TN 38017 I EFFECTIVEDATE EXPIRATIONDATE _�. 07/01/20 07/0112022" CONTINUED UNTIL 21 7ERMINATED'IF CHECKED THIS REPLAOES.PRIOR EVIDENCE•DATED: • • • PROPERTY INFORMATION V LOCATIONIDESCRIPTION • • • Location Cost Center #: 90357 • Re: 79 County Road P., .Ashland, NE 68003 • 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 EVIDENCE'OF PROPERTY INSURANCE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE.AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN.MAY HAVE BEEN REDUCED.BY PAID CLAIMS. COVERAGEINFORMATION PERILS INSURED. V BASIC BROAD' X SPECIAL V COVERAGE/PERILS/FORM AMOUNTOFINSURANCE DEDUCTIBLE Limit of Y,iability, per•occurrence, except policy sublinits $225,000.,000 SEE ATTACHED • • • • • . • REMARKS(Including Special Conditions) • V V . All Risk of physical.•loss or damage incl. FL and EQ subject to policy teres, conditions, exclusions and sublimity Covers Real & Personal Property, Staginess Interruption/Extra Expense, EDP Equipment &Media •Deductible - $1,000,000 Combined•PD / MI. any one occurrence Agreed Amount Endorsement Applies Valuation Real & Personal Property - Repair or Replacement .Cost. Business Interruption - Actual Loss Sustained Finished Stock - Selling Price. Stock in Process - Value of Raw.Material plus -Leber CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL•BE DELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. • ADDITIONAL INTEREST • NAME AND ADDRESS ADDITIONAL INSURED LENDERS LOSS PAYABLE L I LOSS PAYEE MORTGAGEE• LOAN(t i City of Ashland AUTHORIZED REPRESENTATIVE 90 N Mountain Avenue • :Ashland, OR 97520 ACORD 27(2016103) ©1993.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 21Z85320 ' BATcs: 2149919 CERT: W21468944 2 of 2 8554 • AGENCY CUSTOMER ID: LOC#: ACORL, • ADDITIONAL REMARKS SCHEDULE Page '2 . +of 2 AGENCY NAMED INSURED • Willis Towers Watson.Northeast, Inc. Helena Agri—Enterprises, LTC :.225 Schilling Blvd, Suite 300 POLICY NUMBER ,.Co11'ierville, TN 38017 See Page 1 • • • CARRIER NAIR CODE • See Page 1 See Page 1 EFFECTIVE DATE:See Page 1 • • ADDITIONAL REMARKS • ' • • THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM.NUMBER; 27 FORM TITLE: Evidence of Property • • • REMARKS: • EDP Media and Valuable Papers - Reproduction Costs Other. deductibles may apply per policy terms and conditions. Property coverage includes the Insured's liability for Personal Property .of Others. in the Insured's custody while in Transit, subject to a limit of $3,000,000. Locations: Reported Schedule of Locations Machinery and Equipment:, Limits of Liability: $50,000,000 any one accident combined property damage, business interruption, extra expense, except: $5,000,000 Service/Utility/Off Premise' Power Interruption • $1,000,00b Water Damage $1,000,000 Ammonia Contamination $1,000,000 Expediting Expense $1,000,000 Hazardous Substance $1,000,000 Demolition Increased Cost of Construction $1,000,000 Consequential Damage $5,000,000 Property Damage - Misc Unnamed/Unscheduled Locations $2,500,000 Business Interruption -.Mise Unnamed/Unscheduled Locations $5,000,000 Property Damage - Newly Acquired Locations $2,500,000 Business Interruption - Newly Acquired Locations $5,000,000 Property Damage -.Newly Acquired Locations • $2,500,000 Business Interruption - Newly Acquired Locations $1,000,000 Deductible Combined Property Damage/ Time Element. $1,000,000 FL and EQ except California EQ - 5% per unit of insurance or $1,000,000 minimum. Thailand Flood excluded. .$1,000,000. Equipment Breakdown Deductible combined PD/TE. 24 hours waiting period, followed by the peril deductible-Off Premises Service .interruption Valuation Motor Vehicles - Cost to repair, unless cost exceeds 6.0% of ACV at time and place of the loss, in which case the basis of adjustment are as follows: Motor vehicles - ACV. Mobile equipment-if equipment dated 2017-2021 Replacement Cost. All others ACV • • • • • • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD•name and logo are registered marks of ACORD . SR ID: 21285320 BATCH: 2199919 CERT: W21468944 • f EXHIBIT A Helena Agri-Enterprises,LLC CITY OF ASHLAND Invitation to Bid (ITB) H • #2021-101 CHEMICALS 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, OR 97520 Telephone: (541) 488-5354 Fax: (541) 488-5320 Email: kari.olson(a ashland.or.us ITB—Chemicals for WTP&WWTP,Page 1 of 29,04/27/2021 r l ` PUBLICINOTICE: CITY OF 'ASHLAND Invitation to Bid #2021-101 • CZIEMICALS 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 (pelow the public notice), log in to the system and download the solicitation documents.i You will need to log in to the system each time you would like to download the solicitationldocuments 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 subsequentlfr issued instructions, addenda, and related materials. • Sealed bidslmust 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 PM (PST),Thurrsday, 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: 2021401 , 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 WATER& 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,May-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 identifiedon 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 1s1 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 FOR SUBMITTING BIDS Location: City of Ashland,Purchasing Office,90 N. (Note: Bids must be received by due date and time.) Mountain,Ashland,OR 97520 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 • Presented to City Council for approval June 15,2021 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 S i 2. Purchasing Specialist: The City of Ashland. Purchasing Specialist, Kari Olson„is the sole point of contact for this solicitation. All requests, questions, inquiries, and correspondence pertaining to this bid should be directed to the Purchasing Specialist. The specifications may be reviewed at the City of Ashland, Purchasing Office located at,90 N. Mountain Avenue, Ashland, Oregon 97520. • 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 online for any subsequently issued addenda. SOLE POINT OF CONTACT: Kari Olson Purchasing Specialist City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Tel: 541-488-5354 • Email: kari.olson@ashland.or.us 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 Specialist 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 or inquiries or comments by bidders raise issues that require clarification by the City, addenda will be issued by the Purchasing Specialist. 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 revisions made to the specifications in the ITB, will only be made in the form of written addenda • which, if issued, will be made available to all prospective bidders on the City's website not less than 72 hours before the closing time unless the addenda also extends closing.. 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 gqods and services are attached to this ITB. Any deviations from the specifications shall be identified in the bird 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. ITB—Chemicals for WTP&WWTP,Page 4 of 29, 04/27/2021 1. , 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 forms provided by the City. All pages of the bid forms 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). "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 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 Specialist. The request shall be executed by the bidder or a duly authorized Specialist. 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. ITB—Chemicals fOr WTP& WWTP,Page 5 of 29,04/27/2021 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.l 00, 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 ITB 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 ITB 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 6 of 29,04/27/2021 • • • • GENERAL CONDITIONS FOR PURCHASE OF GOODS AND SERVICES GC 1. Contract Documents: The contract documents are complementary. A requirement in one of the contract documents is as binding as though occurring in all. In the event of any inconsistency in the terms of the contract documents the following order of precedence shall govern unless otherwise stated: 1. Specifications; 2. These general conditions; 3. ITB/Contract; 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. GC5. 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. GC8. 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. ITB—Chemicals for WTP& WWTP, Page 7 of 29,04/27/2021 ' s 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 user of the goods and services. A 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. • GC12. Successors: The successors, assigns and legal specialists 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 whatsoever nature arising out of or incident to the performance of this agreement by Bidder or defects in the goods and services. Bidder shall not be held responsible for any losses, claims, actions, costs,judgments, or other damages, directly, solely, and proximately caused by the negligence of City. GC14.Notices: Any notice required to be given under this contract, or any notice required to be given by law, shall be in writing and shall be given by personal delivery or by registered or certified mail,to Bidder at the address stated in the bid form or to City at the address of the Purchasing Specialist stated in the ITB. ' 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 exceptionsand 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. ITB—Chemicals for WTP&WWTP,Page 8 of 29,04/27/2021 • . . SPECIFICATIONS FOR PURCHASE OF GOODS AND SERVICES S I. 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 9 of 29,04/27/2021 • Chemicals for the Water &Wastewater Treatment Plants INVITATION TO BID #2021-101 • April 27,2021 • SPECIFICATIONS • The City of Ashland, WTP and WWTP, are requesting bids for a total of nine (9) chemicals as individually specified. Six (6) 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. Six (6) of the chemicals will allow for substitutions or equivalents as specified. The remaining three (3) chemicals are manufacturer/brand specific and specified as "No Substitution" due to the strict standards of maintaining quality control and meeting permit requirements. Even though, a chemical is specified as "No Substitution", oftentimes there are multiple resellers. 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 to 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 this 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., 2021 and ending June 30, 2023. 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, 2021'to June 30,2023). ITB—Chemicals for WTP&WWTP,Page 10 of 29,04/27/2021 ORDERS — Orders for chemicals for the WTP will be placed by the Water Treatment Plant Supervisor and • chemicals for the WWTP will be placed by WWTP personnel. Suppliers to provide order confirmations within 24 hours after receipt of order. • 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 Treatment Plant Supervisor or WWTP personnel. Orders may be cancelled at the discretion of the City of Ashland, WTP and WWTP, personnel with twenty-four(24) hour notice. DELIVERY REQUIREMENTS Each chemical will be delivered FOB ASHLAND (mandatory/no exceptions). • WTP • The delivery location for the Sodium Hypochlorite, Soda Ash and Alum 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 Polydyne MOE 106 PWG Flocculant. ITB—Chemicals for WTP& WWTP, Page 11 of 29,04/27/2021 WTP (Water Treatment Plant) - CHEMICAL #1: ALUMINUM SULFATE—ECO SERVICES -OR- CASCADE COLUMBIA (No Substitution) Aluminum Sulfate must meet the following specifications: 1) Percent Concentration Commercial Alum—Approximately 48% • 2) Total soluble AL203 —8.3%. 3) Must meet A.W.W.A. specifications for potable water. 4) Estimated annual usage—650,000+/- Lbs. (58,500 Gallons) per year. Estimated usage for 2-year contract is 1,300,000+/- Lbs. (116,000 Gallons). 5) Currently, an order is placed on average for 4,500 +gallons, thirteen (13) +/- orders per year. 6) Delivery will be 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. 7) Bids must be in the form of dollars per dry ton. Manufacturer • Number of Lbs. per gallon in solution Number of dry Lbs. per gallon Alum • July 2021 - June 2022 July 2022 - June 2023 • Price per dry ton $ $ Cost per order-4,500 gallons $ $ . Delivery charge per order $ $ Comments: • • ITB—Chemicals for WTP& WWTP, Page 12 of 29,04/27/2021 i . S . I WTP (Water Treatment Plant) - CHEMICAL#2: SODIUM HYPOCHLORITE-1.2.5%+,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 hilp://www.powellfab.com/lechnical information/preview/suspended solids test.aspx A 1000 ml sample must go through a 47mm, 8p 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 rniiiutes filtration time in this test." F) Must meet A.W.W.A. specifications for potable water. 2) Estimated annual usage—July through June— 19,8''00•Gallons. 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, thirteen (13)+/- orders per year. 4) Delivery will be required 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 2021 - June 2022 Jy 2022 -June 2023 • Price per gallon $ $ • Cost per tote $ $ • • Cost per load/order- (5) Totes $ • $ • Delivery charge per order - $ • $ Comments: ITB—Chemicals for WTP&WWTP, Page 13 of 29,04/27/2021 e ' D WTP (Water Treatment Plant) - CHEMICAL #3: CYTEC SUPERFLOC C-573 FLOCCULANT—OR-POLYDYNE MOE 106 PWG 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) +/- 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 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 • July 2021 -June 2022 July 2022 - June 2023 Price per pound (Lb.) $ $ • Cost per 500 Lb. drum $ $ Cost per order— (4) each 500 Lb. drums$ $ • Delivery charge per order $ $ Comments: • • • ITB—Chemicals for WTP&WWTP,Page 14 of 29,04/27/2021 WTP (Water Treatment Plant) - CHEMICAL #4:• • CYTECSUPERFLOC 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.) . $ • $ Cost per 25 kg or 55.12 Lb. bag Lb. bag $ $ Cost per order- (8) Bags $ - $ . Delivery charge per order $ $ • Comments: ti • ITB—Chemicals for WTP&WWTP,Page 15 of 29,04/27/2021 6 . v WTP (Water Treatment Plant) - CHEMICAL#5: SODA ASH,DENSE,FREE FLOWING Soda Ash, Dense, Free Flowing must meet the following specifications: I) 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 jacicable 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 2021 -June 2022 July 2022 - June 2023 Price per pound (Lb.) $ $ Cost per order— 270 bags, (5) pallets $ $ Delivery charge $ $ Comments: • 1TB—Chemicals for WTP& W WTP,Page 16 of 29,04/27/2021 h ' , 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 surniner 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) Cityreserves 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 Number of pounds (Lbs.) per bag 3 • Number of bags per pallet Lk 0 ilins July 2021 - June 2022 July 2022 -June 2023 Price per pound (Lb.) $ t $ C� Cost per order— 160 bags, (4) pallets $ 6140 $ ero Delivery charge • 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 1 195 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 2021 -June.2022 July,2022 - June 2023 Price per gallon (gal) $ $ Cost per tote $ $ Cost per load/order - (2) Totes$ $ Delivery charge per order $ $ Comments.: • f • • ITB—Chemicals for WTP&WWTP, Page 18 of 29,04/27/2021 P WWTP (Wastewater Treatment Plant) - CHEMICAL #8,: 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 isplaced for a pallet(43 bags)two (2) times per year. 4) Deliver to the City of Ashland, Wastewater Treatment Plant, located at 1195 Oak Street, Ashland, Oregon. Delivery truck must be equipped with lift gate to.properly offload at the above address. 5) Bids must be in the form of dollars per pound (Lb.). Manufacturer Number of bags per pallet July 2021 -June 2022 July 2022 - June 2023 • Price per pound (Lb.) $ $ Cost per order—(1) pallet $ $ Delivery charge per order $ $ Comments: ITB—Chemicals for WTP& WWTP,Page 19 of 29,04/27/2021 • t WWTP (Wastewater Treatment Plant) - CHEMICAL #9: ALUMINUM SULFATE (4,500 Gallon delivery pumped into 8,000-gallon tank) Aluminum Sulfate must meet the following specifications: 8) Percent Concentration Commercial Alum —Approxii'nately 48.8% 9) Total soluble AL203 —8.3%. 10)Must meet A.W.W.A. specifications. .11)Estimated annual usage—April through November- 90,000 gallons. Estimated usage for 2-year contract is 180,000 gallons. • 12)Currently, an order is placed for 4,000 -4,500 gallons every two (2) weeks during the • months of April through November. (18 +1- orders per year) 13)Deliver to the City of Ashland, Wastewater Treatment Plant, located at 1 195 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. • 14)Bids must be in the form of dollars per dry ton. • Manufacturer • Number of Lbs. per gallon in•solution • Number of dry Lbs. per gallon Alum • July 2021 - June 2022 July 2022 -June 2023 Price per dry ton $ • $ Cost per order- 4,500 gallons $ $ Delivery charge per order $ $ Comments: • 1TB—Chemicals for WTP&WWTP,Page 20 of 29, 04/27/2021 •1 i • • • BID SUBMISSION The complete bid, including'the ITB and any addenda, released by the.City shall be submitted in a sealed envelope, labeled as follows and received at the address listed below: Kari Olson Purchasing Specialist 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 27,2021 Please note: It is recommended that you request available delivery options for the City of Ashland area and confirm that your method of shipment will arrive prior to the due date and time. Late bids will not be considered. No exceptions. DUE DATE AND TIME: The bids must be received at the designated address listed above prior to 2:00:00 PM_�PST1 Thursday, May 27, 2021. Late bids will not be considered. Faxed or emailed bids will not be considered. EVALUATION PROCESS • • This ITB allows multiple contracts to be awarded; one for each individual chemical to the lowest responsible bidder whose bid substantially complies with the requirements and criteria set forth • in the ITB and with all prescribed public procurement procedures and requirements. The City's intent is to award individual 24-month term contracts for each chemical to the lowest responsive and responsible bidders for a term beginning in July 1,2021 and ending June 30,2023. 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 recommended contract awards will be presented to the City Council, acting as the Local Contract Review Board, for final approval on June 15; 2021. ITB—Chemicals for WTP& WWTP,Page 21 of 29,04/27/2021 • -r • 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: A iA 2 �r1 .n Address: S , City, State &Zip: AK9L4\ s • `11-1S&t Telephone:�llr� 1 �' I l Email: WAWl.W16h1 yi 0IEl�NlA e-0AN 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: Signature Oa-81/4U UNATAZVAi Print Name Title: W LO% vYL� .... Date: S ITB—Chemicals for WTP& W WTP, Page 22 of 29,04/27/2021 F' r ' P • 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 inthe bid whether the bidder is a"resident bidder". Yes, I certify that I am a "Resident bidder" as defined by ORS 279A.120. No, I certify that I am not a "Resident bidder" as defined by ORS 279A.120. I am domiciled in the State of & (Indicate State) • • • • Compliance with Oregon Tax Laws: ' • In compliance with OAR 137-047-0255(2)(c)(C)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the contractor in this matter, that I have authority and knowledge regarding the payment of taxes,and that contractor.is,to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380; Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of contractor in this matter, and to the best of my knowledge the . contractor has not discriminated against minority,women or emerging small business enterprises in obtaining any required subcontracts, and that the Bidder is not in violation of any Discrimination Laws. • Corporate Officer: By: Signature \J\INS,\X ' ,. (14k-V414\t-t1\4 • ' Print Name' Title: W L i VAI . • Date: '<`�r3\ • • ITB—Chemicals for WTP&WWTP,Page 23 of 29,04/27/2021