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Item 4 - Award of Bid for the Annual Supply of Chemicals for the Lester J. Berglund WTP; Bid 21-023May 4, 2021, Item #4--AGENDA REPORT City of Poway .,__¢· DATE: TO: FROM: CONTACT: SUBJECT: Summary: May 4, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~ CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities •fIJP (858) 668-4750 or tdepriest@poway.org Award of Bid for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant; Bid No. 21-023 A notice inviting bids for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant for Fiscal Years 2021-22 and 2022-23 was duly advertised on March 25, and April 1, 2021. Bid specifications allowed the City to award one or more of each chemical bid to the same vendor or separate vendors and to reject any or all bids or all items. The term of each contract is for two years beginning July 1, 2021, and ending June 30, 2023, with an escalation of price in the second year of the term based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. The contracts may be extended by up to three one-year terms. Bids were opened April 8, 2021, with eleven (11) vendors submitting bids. Six (6) vendors were determined to be the lowest responsive bidders for seven (7) chemicals specified in the bid: Hill Brothers Chemical Company (Aqua Ammonia); Carus LLC (Liquid Permanganate); Univar Solutions USA, Inc. (Sodium Hydroxide & Liquid Aluminum); JCI Jones Chemicals Inc. (Liquid Chlorine); Polydyne, Inc. (Cationic Coagulant); and CalCHEM Enterprises, Inc. (Aluminum Chlorohydrate). No bids were received for the Ammonium Calcium Nitrite Double Salt chemical. Staff will solicit quotes for the Ammonium Calcium Nitrite Double Salt chemical next fiscal year. Recommended Action: It is recommended that the City Council award the bids for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant, Bid No. 21-023 to the six (6) lowest responsive bidders: Hill Brothers Chemical Company (Aqua Ammonia) $12,754.16; Carus LLC (Liquid Permanganate) $30,060.80; Univar Solutions USA, Inc. (Sodium Hydroxide & Liquid Aluminum) $176,646; JCI Jones Chemicals, Inc. (Liquid Chlorine) $63,710.40; Polydyne, Inc. (Cationic Coagulant) $28,560; and CalCHEM Enterprises, Inc. (Aluminum Chlorohydrate) $88,640 and authorize the City Manager to execute the necessary documents. 1 of66 May 4, 2021, Item #4Discussion: The City of Poway operates and maintains a water utility system. Raw water is purchased from the San Diego County Water Authority and treated at the City-owned and operated Lester J. Berglund Water Treatment Plant, then distributed to all Poway customers. Within the treatment facility, all water is treated and disinfected utilizing chemicals in accordance with standards set by state and federal regulations and the American Water Works Association. Staff receives delivery of approximately 880 tons of chemicals annually. In accordance with the City's purchasing policy, staff solicited bids for the provision of chemicals, which includes delivery of the chemicals. Eleven (11) sealed bids were opened on April 8, 2021. The lowest responsive bidders for each type of chemical specified are summarized in the table below. BIDDER CHEMICAL BID UNIT BID BID TOTAL Hill Brothers Chemical Aqua Ammonia $0.705/gal x 18,091 $12,754.16 Company JCI Jones Chemicals, Inc. Liquid Chlorine $663.65/ton x 96 $63,710.40 Univar Solutions USA, Inc. Sodium Hydroxide $444.00/ton x 234 $103,896.00 Polydyne, Inc. Cationic Organic $1,360.00/ton x 21 $28,560.00 Coagulant Aid Univar Solutions USA, Inc. Liquid Alum $375.00/ton x 194 $72,750.00 Carus LLC Liquid Permanganate $13.664/gal x 2,200 $30,060.80 CalCHEM Enterprises, Inc. Aluminum Chlorohydrate $554.00/ton x 160 $88,640.00 The City has an annual budget of approximately $494,485.00 for water treatment chemicals. Staff recommends authorizing the purchase of the various chemicals listed above from the respective bidders under a two (2) year sale and purchase of goods and materials contract, with the option to renew for up to three (3) one-year terms. The chemicals will be delivered by the awarded vendors to the City's treatment plant as needed throughout the term of this bid award. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds to award the responsive bids, as identified in this report, are included with the proposed Fiscal Year 2021-22 Budget (402060-45200) for consideration by Council on June 15, 2021. Award of contracts are contingent upon adoption of the proposed budget. Public Notification: None. 2 of66 May 4, 2021, Item #4Atta ch ments: A Hills Brothers Chemical Company Sale and Purchase of Goods and Materials Contract B. JCI Jones Chemicals, Inc. Sale and Purchase of Goods and Materials Contract C. Univar Solutions USA Inc. Sale and Purchase of Goods and Materials Contract D. Polydyne, Inc. Sale and Purchase of Goods and Materials Contract E. Carus LLC Sale and Purchase of Goods and Materials Contract F. CalCHEM Enterprises Inc. Sale and Purchase of Goods and Materials Contract Reviewed/ Approved By: W~ndy-'Kaserman Assistant City Manager 3 of66 Reviewed By: Alan Fenstermacher City Attorney Approved By: cfk2 City Manager May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"}, and Hill Brother Chemical Company, (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 4of66 ATTACHMENT A May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 5 of66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 6 of66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 7 of66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-------------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: __________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 8 of66 SELLER: Hill Brother Chemical Company By: ___________ _ Name, Title Date: ------------ May 4, 2021, Item #4PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: ~s {!ili:,1'\i11cAL CoMDkNY By: (signature) {--------------Name and Title: fi<:ArJ( /tt.,/t,Z) -(Please print) f&'Qto/J/i<L-S~":> MPmf MfrZ Address: :!f)oo €Asr fbl ((CJJ ST. * ID<b Telephone: Fax: Email Address: ~ !Ari i) hi 11 brol-htf s , wrn Company State of California Business Registration Number: k O l li 213 3 Please use https://businesssearch.sos.ca.gov/ 9 of66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NO BID DESCRIPTION PRICE (X) Liquid Chlorine 2: 99.5% TON 96 $ $ ~ 50% Sodium Hydroxide 234 $ $ Y. (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ "' 71J S' $12., 7S"I/. ,, 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) X Alum 8.0% Al2Q3 ( dry TON 194 $ $ X tons) *Cationic Organic TON 21 $ $ )( Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ )( Ammonium Calcium Nitrite GAL 12,000 $ $ 'x Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES:$ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___________ _ _________________ DOLLARS and _______ CENTS 10 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES:$ _________ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: _________ _ ___________ DOLLARSand ___________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $_1_2 ___ ,_1_S_'/_._/_'1 _____ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: 7~eL ve /H~usAJJl> StiY11~ _J-/tu'V'/JAt/J F1PTY-F~uA DOLLARS and SJ X t:6t!N CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES:$ _______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARSand _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$. ______________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: _______________ _ ______________ DOLLARS and _________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: ______ _ ______________ DOLLARS and _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: _____________ _ _______ DOLLARS and _________ CENTS [Remainder of Page Left Blank Intentionally] 11 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30. 2023 DEMURRAGE POLICY: (Show Item tor Reference) -------"--",J'-#-/_8"---------• *************************************************************************************************** Please print except where signature is required. COMPANY NAME: MAIL ADDRESS: CITY/STATE/ZIP: BILLING/REMIT ADDRESS: CITY/STATE/ZIP: TELEPHONE/FAX: _H, LL Grz.oufds Ct¼M, CAL Col\1PAzJ '/ ,?fJOo f"AsT 6r(CJI S-f, ~IO<t> I -------------AccouNT REPRESENTATIVE: _____ :ft~o_M __ & __ kt .............. tl ___ .D ________ _ EMAIL ADDRESS: 1r..s. CoWl AUTHORIZED SIGNATURE: NAME: TITLE: EMAIL ADDRESS: 12 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. ##--###-?2\)00 ~-b,9-.~'s\ ~.~,~% Q--J9-,c.p.._., e:J\. C\'li1.-, 81 ,sioess Address \\,\LL ~ Q.JYS \\~~ ~ C_ \\c_S::\ \~f\L ~'"" Q ~No\\ Company Name -. ~~~~ ~-de l siQnai~nrnf~ Subscribed and sworn before me this ___ day of ________ _ at ____________ ,CA. c)'J? ~~ \.,y ublic in and for the County of ____ __., tate of California. My Commission ExP,i / (This affid · shall be executed by the successful bidder in accordance with instructions in the f: eral Requirements, but bidder may execute the affidavit on this page at the time of ~mitting bid.) 13 of 66 May 4, 2021, Item #4CALIFORNIA JURA T WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ~ See Attached Document (Notary to cross out lines 1-6 below) □ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of \)CO..<'\~ !.,:. c~~222 ! I . WJrNCY ruaJC-CAUFORNIA ~ -·· OMNCE COUNTY 1,· · -~Canffl.EliprwSapl.12.2021 J Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this ?,O~ day of {Y\~q..c_'\,\., , 20~ by Date Month Year (1) ~Q..~"-. ~ \'-1.-¼~~~\....~ ~'-~~ '\ (and (2) ____________ ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signatu~. ~~ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _______________ Document Date: _____ _ Number of Pages: __ Signer(s) Other Than Named Above: ______________ _ ~~~~~~~rn~mm~m~~ ©2014 National Notary Association • www .National Notary .org • 1-800-US NOTARY (1-800-876-6827) Item #591 0 14 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and JCI Jones Chemicals, Inc., (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. ATTACHMENT B 15 of 66 May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 16 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 17 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 18 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-------------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: __________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 19 of 66 SELLER: JCI Jones Chemicals, Inc. By:-------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: ;;r;;;slnc. Tim Ross, VP West Coast, Branch Manager 1401 Del Amo Blvd. Torrance, CA 90501 310-523-1629 310-523-2944 tross@jcichem.com Company State of California Business Registration Number: _C_1_8_5_73_3_1 _____ _ Please use https://businesssearch.sos.ca.gov/ 19 20 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ 663.65 $ 63,710.40 50% Sodium Hydroxide 234 $ $ (dry tons) TON Please see SE parate bid form 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ X (8 Totes @ 275 Gal) Alum 8.0% Al2Q3 (dry TON 194 $ $ X tons) *Cationic Organic TON 21 $ $ X Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ X Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt X Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $_63_,7_1_0_.4_0 ______ _ LIQUID CHLORINE TOT AL AMOUNT OF BID IN WORDS: ___________ _ __ S_ix_ty_-T_h_r_ee_T_ho_u_sa_n_d_S_e_v_e_n_H_un_d_re_d_T_e_n __ DOLLARSand ____ F_o_rt~y __ CENTS 21 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ Please see separate bid form SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: Please see separate bid form ____________ DOLLARS and ____________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __ a _________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___________ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARSand _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ____________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: _______________ _ ______________ DOLLARS and ___ _ CENTS ---CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES: $_0 _______ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ____ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: ______ _ ______________ DOLLARS and __________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ __ a ____ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: ______________ _ DOLLARS and _________ CENTS [Remainder of Page Left Blank Intentionally] 22 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BIO THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item tor Reference) No Depos ts DEMURRAGE POLICY: (Show Item tor Reference) Demurrage of $85.00 per hour is applied for any time on site beyond the two (2) hours allowed for delivery. *************************************************************************************************** Please print except where signature is required. COMPANY NAME: JCI Jones Chemicals Inc. MAIL ADDRESS: 1401 Del Amo Blvd. CITY/STATE/ZIP: Torrance, CA 90501 BILLING/REMIT ADDRESS: JCI Jones Chemicals Inc. CITY/STATE/ZIP: MSC# 729, P.O. Box 830674, Birmingham, AL 35283-0674 TELEPHONE/FAX: 310-523-1629 / 310-523-2944 -----------ACCOUNT REPRESENTATIVE: Cris Blomgren ----------------------EMAIL ADDRESS: cblomgren@jcichem.com AUTHORIZED SIGNATURE: NAME: Tim Ross TITLE: Vice President West Coast, Branch Manager EMAIL ADDRESS: tross@jcichem.com 23 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT 1401 Del Amo Blvd. Torrance, CA 90501 Business Address Bid No. ##-### JCI Jones Chemicals Inc. Company Name Tim Ross Signature of Bidder Subscribed and sworn before me this 30 ·7Jt day _of __ t-.--_l ____ ltfl ______ Q}f__,I ...... -____ , 2021 at ·w {l/(/l~ Q.f, -------------------Crt118ta A. Blomgren COM.ISSION I 2323391 NOTARY PUBLIC · CAt.FORN~ LOS ANGELES COUNTY My Comm. E~: 9-M•-2024 My Commission Expires -r V , '/ Notary Public in and for the County of Lf)~ f+ A~ VL f () State of California. J.-j aA l!nl 9 , WJ../ f (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 24 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and Univar Solutions Inc., a New York state corporation, (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 25 of 66 ATTACHMENT C May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 26 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 27 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 28 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ___________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 29 of 66 SELLER: Univar Solutions Inc. By:------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: Univar Solutions USA Inc. Jennifer M. Perras Municipal Specialist Muni Team-8201 S 212th St., Kent, WA 98032 Branch-2600 S Garfield Ave, Commerce, CA 90040 Muni Team-253-872-5040 Branch-800-201-4439 323-837-7100 muniteam-west@univarsolutions.com Company State of California Business Registration Number: _10_0_0_0_17_8_0_7 ____ _ Please use https://businesssearch.sos.ca.qov/ 19 30 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) Alum 8.0% Al2O3 (dry TON 194 $ 375.00 $ 72,750.00 tons) *Cationic Organic TON 21 $ $ Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ z_er_o ________ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: __ n_o_bi_d ________ _ _________________ DOLLARS and _______ CENTS 20 31 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: _________ _ ____________ DOLLARS and ____________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $_Z_e_ro ________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: _N_O_bi_d ________ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $ _______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: _______ _ ______________ DOLLARS and _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$ 72,750.00 ---------------ALUM TOTAL AMOUNT OF BID IN WORDS: Seventy-two thousand and seven hundred and fifty DOLLARS and zero CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES: $ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS:---·----______________ DOLLARS and _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: ______________ _ _______ DOLLARS and _________ CENTS [Remainder of Page Left Blank Intentionally] 32 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ 444.00 $103,896.0( (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ $ 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) Alum 8.0% Al2O3 (dry TON 194 $ $ tons) *Cationic Organic TON 21 $ $ Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ $ Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ z_er_o ________ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: __ no_bi_d ________ _ _________________ DOLLARSand _______ CENTS 20 33 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ __ 10_3_,8_9_6._00 ____ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: One hundred and three thousand and _e~ig_h_th_u_nd_r_ed_an_d_n_in_e~ty_s_ix ___ DOLLARSand_z_e_ro __________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES:$ __________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___________ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES:$ _______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$ ______________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: _______________ _ ______________ DOLLARS and _________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: _________ _ ______________ DOLLARSand _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: ______ _ ______________ DOLLARSand _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: _____________ _ _______ DOLLARSand _________ CENTS [Remainder of Page Left Blank Intentionally] 21 34 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item for Reference) NIA DEMURRAGE POLICY: (Show Item for Reference) _N_I_A ____________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: Univar Solutions USA Inc. MAIL ADDRESS: 8201 S 212th St. CITY/STATE/ZIP: Kent, WA 98032 BILLING/REMIT ADDRESS: 62190 Collection Center Drive CITY/STATE/ZIP: Chicago, IL 60693-0621 TELEPHONE/FAX: 253-872-5040 / 253-872-5041 -----------ACCOUNT REPRESENTATIVE: Jennifer Perras ---------------------EMAIL ADDRESS: Jennifer.Perras@univarsolutions.com AUTHORIZED SIGNATURE: NAME: Jennifer M. Perras TITLE: Municipal Specialist EMAIL ADDRESS: jennifer.perras@univarsolutions.com 22 35 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. ##-### Univar Solutions USA Inc. Company Name 8201 S 212th St. Kent, WA 98032 Business Address Subscribed and sworn before me th is 6th day of April , 2021 at Kent Notary Pub tn and for th~ County of K,·, Y10\ State of €alifoFAia. W °'<c,vwn.~ +-cm 1 My Commission Expires ID /10 / 2,0ZZ-------4-, a....=;_J~""""'-'~----------------(This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this P.~tu1hVJij time of submitting bid.) ,,,,,~~ .~ .. !!Scf.11,,, .:, ~ ~ .•;._. lltP. ttf•• («:'_ ', ~ c,, 1b"'° v,t. "'f' ~ ~ /.fJ . ~~ -;. : ::, NOTARY ~ : .. : . : = : fJ>.: PUBLIC ; ~ : ·-: :;.A \c '· 0 ' , .,, . ._a . ~",;:,·•• I-.::.. ~ ~ ~..i' ••~. NO. 'Z.~••:...,0 ~ / ~'o ········· ~,-~ ✓,,, ,: WAS'r-,,, // I • I\\ •1:unP'· 23 36 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and Polydyne Inc., (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar · year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 37 of 66 ATTACHMENT D May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation; Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 38 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 39 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 40 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 41 of 66 SELLER: Polydyne Inc. By:------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: Polydyne Inc. Sr. Vice-President 1 Chemical Plant Road Riceboro, GA 31323 (912) 880-2035 (912) 880-2078 bids@polydyneinc.com Company State of California Business Registration Number: __ C_24_4_8_l_oo _____ _ Please use https://businesssearch .sos.ca.gov/ 19 42 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ (dry tons) TON X 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ X (8 Totes @ 275 Gal) Alum 8.0% Al2O3 (dry TON 194 $ $ X tons) *Cationic Organic Coagulant Aid Clarifloc C-3O81 TON 21 $ 1,360.OO/Ton* $ 28,560.00* 50% Aluminum Chlorohydrate TON 160 $ $ X Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt X ,..Please note pricing for Clarifloc C-308P, Catonic Please note: All costs for delivery are to be borne by the bidderOrganic Coagulant does not included 7.75% Sales Tax. Sales Tax will be a seperate line item on Polydyne Inc.'s invoices. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_Bi_d _______ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___ N_o_Bi_d _______ _ _________________ DOLLARSand _______ CENTS 43 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES:$ No Bid SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _______ _ ____________ DOLLARS and ____________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_Bi_d _______ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___ N_o_B_id _______ _ ____________ DOLLARS and ____________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _____ _ ______________ DOLLARSand __________ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ____________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_i<l ____________ _ ______________ DOLLARS and __________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ 28,560.00 ---------CAT 1O NI C COAGULANT TOTAL AMOUNT OF BID IN WORDS: _Tw_e_n_ty_-E_ig_ht_T_h_ou_sa_n_d _Fiv_e_H_un_dred _Si_xt_y-_D_o_lla_rs __________ DOLLARS and ___ ze_ro_ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id _____ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_i<l ___ _ ______________ DOLLARS and __________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ____ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_i<l ___________ _ _______ DOLLARS and ____ _ _ __ CENTS [Remainder of Page Left Blank Intentionally] 44 of66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 ************************************************************************************************** * DEPOSIT POLICY: (Show Item for Reference) Coagulants No Deposits are required for Cationic DEMURRAGE POLICY: (Show Item for Reference) _N_o_t_A_p_p_lic_a_b_le ________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: Polydyne Inc. MAIL ADDRESS: 1 Chemical Plant Road CITY/STATE/ZIP: Riceboro, GA 31323 P.O. Box 404642 BILLING/REMIT ADDRESS: CITY/STATE/ZIP: Atlanta, GA 30384-4642 TELEPHONE/FAX: (912) 880-2035 I (912) 880-2078 ----------------------ACCOUNT REPRESENTATIVE: Olawale "Wale" Igbekoyi, Technical Sales Representative ----------------------EMAIL ADDRESS: oigbekoyi@polydyneinc.com AUTHORIZED SIGNATURE: NAME: Boyd Stanley TITLE: Sr. Vice-President EMAIL ADDRESS: bids@polydyneinc.com 45 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. ##-#It# Polydyne Inc. Company Name Boyd Stanley, Sr. Vice-President Name of BiZ11-ci2-~fBidder One Chemical Plant Rd. Riceboro, GA 31323 Business Address Subscribed and sworn before me this 30th day of ___ M_a_rc_h _____ , 2021 Riceboro GA at --~-.-.~----~?~--r--' ~-My Co ··o "'( ~" >-•••• ~ ~-eof;,riz ·. ,o. ·•. Pue\.. .•· 1 ' "--Notary Public in and for the County of ~ ; bef J State of ~.Georgia My Commlssion Expires Dec. 17,2022 (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 46 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and Carus LLC, (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 47 of 66 ATTACHMENT E May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 48 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 49 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11 . Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 50 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 51 of 66 SELLER: Carus LLC By: ___________ _ Name, Title Date: ___________ _ May 4, 2021, Item #4Exhibit A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: Carus LLC M. Chryss CrocketWP, CFO 315 Fifth Street Peru, IL 61354 800-435-6856 815-224-6697 bids@carusllc.com Company State of California Business Registration Number: 201922110515 Please use https://businesssearch.sos.ca.gov/ 52 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ (dry tons) TON X 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ 13.664 $30,060.80 (8 Totes @ 275 Gal) Alum 8.0% Al203 ( dry TON 194 $ $ tons) X *Cationic Organic TON 21 $ $ Coaoulant Aid X 50% Aluminum Chlorohydrate TON 160 $ $ X Ammonium Calcium Nitrite GAL 12,000 $ $ Double Salt X Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES:$ __________ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: __ N_O_B_I_D ______ _ _________________ DOLLARSand _______ CENTS 53 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $ __________ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: NO BID ----------____________ DOLLARS and ___________ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: NO BID ------------____________ DOLLARS and ___________ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $_1;..;;:;3'-'-".6:..;::6~4 _____ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ___________ T_h_irt_e_en_DOLLARS and sjxty-sjx point tour CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES:$ ______________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: -~N..;;;;O....;;B:;;;..;;1-=D ___________ _ ______________ DOLLARS and _________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$ ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: NO BID ---------______________ DOLLARS and _________ CENTS ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN FIGURES:$ ______ _ ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: NO BID -------DOLLARS and _________ CENTS BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ ______ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: _N_O_B_ID ___________ _ _______ DOLLARSand _________ CENTS [Remainder of Page Left Blank Intentionally] 54 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item for Reference) **NIA** DEMURRAGE POLICY: (Show Item tor Reference) _*_*N_/_A_*_* ___________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: Carus LLC MAIL ADDRESS: 315 Fifth Street CITY/STATE/ZIP: Peru, IL 61354 BILLING/REMIT ADDRESS: PO Box 73457 4 CITY/STATE/ZIP: Chicago, IL 60673 TELEPHONE/FAX: 800-435-6856 / 815-224-6697 -----------ACCOUNT REPRESENTATIVE: Barbie Smith ---------------------EMAIL ADDRESS: bids@carusllc.com AUTHORIZED SIGNATURE: l , = NAME: M. Chryss Crockett TITLE: VP.CFO EMAIL ADDRESS: bids@carusllc.com 55 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 'If#.-### Carus LLC Company Name M. Chryss Crockett Name of Bidder VP, CFO m( e ., 'l/dc(2J,,c-i.l~-Signature of Bidder 315 Fifth Street Peru, IL 61354 Business Address Subscribed and sworn before me this _3_1 s_t __ day of March , 2021 at Peru, IL Notary Public in and for the County of LaSal I e State of ~lltibom<ac. 111 inois I--q -1,~3~ My Commission Expires --~--_::O\~u::.i.g:__'j_,__ ______________ _ (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 56 of 66 May 4, 2021, Item #4CITY OF POWAY CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this First day of July, 2021, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and CalChem Enterprises, Inc., (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 4, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be two (2) years, beginning July 1, 2021 and ending on June 30, 2023. This contract may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. Delivery shall be to the City of Poway Lester J. Berglund Water Treatment Plant at 14521 Lake Poway Road, Poway, CA 92064, as needed. Deliver Hours are Monday-Friday from 7:00 a.m. to 2:00 p.m. and per the requirements of the bid document. 57 of 66 ATTACHMENT F May 4, 2021, Item #46. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 4 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extend of damage. Concealed damage must be reported to the carrier within 15 days deliver. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the San Diego RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 58 of 66 May 4, 2021, Item #4If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: 59 of 66 May 4, 2021, Item #4a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. [Remainder of Page Left Blank Intentionally] 60 of 66 May 4, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: ------------ATTEST: Vaida Pavolas, CMS City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney Attachments: Exhibit A -Bid Schedule 61 of 66 SELLER: CalChem Enterprises, Inc. By:------------Name, Title Date: ------------ May 4, 2021, Item #4EXHIBIT A PROPOSAL FOR WATER TREATMENT PLANT CHEMICALS Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: By: (signature) Name and Title: (Please print) Address: Telephone: Fax: Email Address: CalChem Enterprises, Inc. T B ! k 1v· P 'd erry auwa , ice resI ent 2601 Cannery Avenue Baltimore, MD 21226 410-354-01 00 410-918-2240 insidesales@usalco.com C2881449/ Lie. No. 100-868593 Company State of California Business Registration Number: _________ _ Please use https://businesssearch.sos.ca.gov/ 19 62 of 66 May 4, 2021, Item #4EXHIBIT A BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Bid No. 21-023 To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20 and 21 as the bid requires one sheet per each Chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid) CHEMICAL UNIT QUANTITY UNIT TOTAL NOBID DESCRIPTION PRICE (X) Liquid Chlorine ~ 99.5% TON 96 $ $ X 50% Sodium Hydroxide 234 $ $ X (dry tons) TON 20% Aqua Ammonia GAL 18,091 $ $ X 20% Liquid Permanganate GAL 2,200 $ $ (8 Totes @ 275 Gal) X Alum 8.0% Al203 (dry TON 194 $ $ X tons) *Cationic Organic TON 21 $ $ X Coagulant Aid 50% Aluminum Chlorohydrate TON 160 $ 554.00 $ 88,640.00 Ammonium Calcium Nitrite GAL 12,000 $ $ X Double Salt Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 4/5/2021 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 21-023. LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_Bi_d ______ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___ N_o_B_id _______ _ ___________ No_Bi_d _____ DOLLARS and __ N_o_B_id ____ CENTS 20 63 of 66 May 4, 2021, Item #4SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ______ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _______ _ _______ N_o_B_id ____ DOLLARSand ___ ____.N~o~6~id ______ CENTS AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __ N_o_B_id _______ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: __ ___,_N..,..o.....,B....,.jd..._ ______ _ _______ N_o_B_id ____ DOLLARSand ____ ~N~a~6~id'--_____ CENTS LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES:$ No Bid ---------LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _____ _ _______ N_o_B_id ______ DOLLARSand ___ ~N~o~B~id'--____ CENTS ALUM TOTAL AMOUNT OF BID IN FIGURES: $ _______ N_o_B_id ______ _ ALUM TOTAL AMOUNT OF BID IN WORDS: ________ N~o:;_B;;;;..;i..;;;..d ______ _ ________ N_o _Bi_d _____ DOLLARS and ____ N_o_B_id _____ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES: $_N_o_B_id ______ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id _____ _ _______ ___..;.N..;.;;o~B;:..;.id~ ____ DOLLARS and ___ ...;..N.;..a.o_B"""""id'--____ CENTS ALUMINUM CHLOROHYDRA TE TOTAL AMOUNT OF BID IN FIGURES: $ 88,640.00 -------ALUMINUM CHLOROHYDRATE TOTAL AMOUNT OF BID IN WORDS: Eighty Eight Thousand Six Hundred Fourty DOLLARS and Zero CENTS BIOXIDE TOTAL AMOUNT OFBID IN FIGURES: $_N_o_B_id ____ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: __ N_o_B_id ___________ _ ____ N_o_B_id __ DOLLARS and ____ N_o_B_i_d ____ CENTS [Remainder of Page Left Blank Intentionally] 21 64 of 66 May 4, 2021, Item #4PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2023 *************************************************************************************************** DEPOSIT POLICY: (Show Item tor Reference) DEMURRAGE POLICY: (Show Item for Reference) ______________ _ *************************************************************************************************** Please print except where signature is required. COMPANY NAME: CalCHEM Enterprises, Inc. MAIL ADDRESS: 2601 Cannery Avenue CITY/STATE/ZIP: Baltimore, MD 21226 USALCO, LLC / CalChem PO Box 844265 BILLING/REMIT ADDRESS: CITY/STATE/ZIP: Boston, MA 02284-4265 TELEPHONE/FAX: 410-354-0100 I 410-918-2240 ACCOUNT REPRESENTATIVE: Scott Williams EMAIL ADDRESS: swilliams@usalco.com AUTHORIZED SIGNATURE: NAME: Terry Badwak TITLE: Vice President EMAIL ADDRESS: insidesales@usalco.com 22 65 of 66 May 4, 2021, Item #4NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the contract, for: CITY OF POWAY ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT 2601 Cannery Avenue Baltimore, MD 21226 Business Address Bid No. ##-### 21-023 CalCHEM Enterprises, Inc. Company Name Terry Badwak Name of Bidder ,____---' .~ Subscribed and sworn before me this 29th day of ___ M_ar_ch ______ , 2021 Notary Public in and for the County of BALTIMORE State of <xatitam:i:ax MARYLAND (This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.) 23 66 of 66