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HomeMy WebLinkAboutA6856 - UNIVAR USA INC - POOL CHEMICALS CONTRACT SERVICES AGREEMENT IFB 16-06 POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on �UhPZ 15 , 2016, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and Univar USA Inc. a Illinois Corporation ("Contractor"), City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for a chemical pool supplier to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% into city-owned tanks services project("Project"). B. Contractor has submitted to City a proposal to provide Hydrochloric Acid 15% and Sodium Hypochlorite 12.5%to City for the Project under the terms of this Agreement. C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Contractor to provide such contract services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced contracts performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's Page 1 of 75 ORIGINAL BID AND/OR AGREMENT Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits `B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (I") the provisions of the Scope of Services (Exhibit "A"); (2°d) the provisions of the City's Request for Proposal (Exhibit `B"); (3rd) the terms of this Agreement; and, (4`d) the provisions of the Contractor's Proposal (Exhibit "C"). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. Page 2 of 75 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of $2.39 for Hydrochloric Acid 15% per gallon and $1.68 for Sodium Hypochlorite 12.5% per gallon, on an as-needed basis, for an estimated annual cost of Sixty Thousand and Twelve Dollars, ($60,012.00) ("Estimated Contract Amount"), except as may be provided under Section 1.8, and also subject to CPI adjustments as provide in Exhibit "D". The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement arc completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive Page 3 of 75 payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted) if Contractor, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, Pagc 4 of 75 strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed One (1) year from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty(60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Jennifer Perras, Municipal Specialist. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer, Page 5 of 75 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create anv contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees Page 6 of 75 paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Tvpes of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. (WAIVED, not applicable). re..�.te_ less thnR Rne million ,fellars ($! nnn nnn 00) peF poeffFempe d ill' A 11 aFS ($2 nnn nnn nm annual „ggFegate, in accordanee Avith h pfavisiensof this (1) Eontraeter shall either: (a) eei;;tin writing to the City that any f..ts whi..h L,...I «.. ,.1. ,.h.i.« t GORt.,,.te F; OF (h) if C0111faOtOf d8LS Bet endefsement previ ing that the Fequifed limits eg the polie), shall apply separately te elainis g ffana eFfors and afnissions in the ..e..,d•tion_ of sp.F ,•,.es tinder this Agreement. (2) if the pokey of insuranee vitae.. R ...l..im_q made" basis tile polio), shall be continued i1i ftill f6FOe alld effeet at all tomes duFing the temi ef this AgFeefflent, ..d e ed o f H.« (3) £«,. the date of the let:,. o f the `Se ld d .... p....,, ., ... \.,/ dew.,, .,... .• date .. .. ....::�. ,...� .. .., ...,.,., provided hezo igds. In the event of t.rmifiatiO < if thO elle., ElUFiRg this y e e.J Cantfaeter shall ehtai perf,qfming Sefviees the s of his Agreement. The eavefage shall be evideneed by either elie evideneing me gap inby obtain ng sepafate extended •lff Page 7 of 75 (3) 1H the nt the 0lie Of ensuFe ao ..O dUF6Hg the entireF Peff4 fi „g n..'..the Coen . deF the t,.mis C this [' rxs A, nres�rrv-rttr. B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liabilitv Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. Page 8 of 75 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement: 5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in Page 9 of 75 the Project will be submitted to the City for review. 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. Page 10 of 75 5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " i"as respects City of Palnt Springs Contract No._" or 'for any and all work performed ivith the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City gray have..." ("as respects City of Pabn Springs Contract No. " or "far any and all ivorkperformed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. Page 11 of 75 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Desian Contract Services Indemnification and Reimbursement. (WAIVED, not applicable). if the AgFeemem to be A. "de e6Ht.a a "6^ A. To the fullest e�itent permitted by law, Gontraeter shall indenmi6,, dek*d (at Gen!FaetaF's sale cost and expense), protect and held hafniless City and its elected offieials, "Indenmified Paf . ".. el.I l,.,.t .,e 1. R..,Je«.»:Cea P fft'eS") against r � 7 (individually tJ whieh Claims arise . l of, e.tain to, aFerelated to the negligetiee, eel lessness �IIF 1 ffliseanduet F Ce»tFaet� pe Fs, of ffem en _„ee_'s gigeflit . vontsle ube ntfaet r t t l > ,...Alt:,... Of this A flee«.e..t It !HdO.,,..:fi Od / ai ffl S") ti t CORtFa liabi I' FOF T d 'F d yyytt4'yyJ . dupt of the Cit.J and 't.. ele..ted ,.fF,.'..I..e a ffi e employees, agents arld ,•IToruntee-rtee s. R. Th a PRAt..,,.t... Shall el, e all HOR A b {, A of-sub eamfaeted by !`,.„t.e,.t... to Pef f ....« tl.e ee_..:,..,q e_ lr/.41, Fe A.ed under this gfee.«e...t to exeeme an 1„de .li fie..t:e n e .,t adepting the mdemnit5F PfON,iSoenS in sub s „t:,,_ 6.1 in favor of the o....t:e.. in additi,. CmflfaetOF Shall feqtiiFe all non design Ae. this Agreement to obtain a that .stem with th i ......... ...... Agreement,, v vv.»u. •u..w u..ur uwv a rv.mmi Page 12 of 75 7. REPORTS AND RECORDS 7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Page 13 of 75 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shalt be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section Page 14 of 75 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of anyjudgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. Page 15 of 75 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, sexual orientation, gender identity, physical or mental disability, medical condition, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise: A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit Page 16 of 75 and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Contractor: Univar USA Inc. 8201 S. 212" Kent, WA 98032 Attention: Shawnasey McCarthy Telephone: 253-872-5000 Facsimile: 253-872-5041 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of Page 17 of 75 competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. Page 18 of 75 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: �Vft, 1� By. , David H. Ready City Manager APPROVED BY CITY COUNCIL APPROVED FORM: ATTEST By: � By. Douglas . Holland, mes Thompson, City Atto ney City Clerk Not to Exceed $ Gy aaa APPROVED BY CITY COUNCIL: Without The Express Written Authorization Of The City Manager Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. "the second signatute must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR NAME: &A Lkil ugiA -rr- . . Check one Individual_ Partnership "Corporation $2M 5. 7-12'k 5¢- Address By By Signature(Notarize ) Sig otarized) Cprr,A--r `\\p\\URl►I q///�i ���yssla�, F9 •� > �07AgI•�;cn= o cP AUBL�C Page 19of75 �l'•.�9p 0: _� WAS���`` EXHIBIT "A" SCOPE OF SERVICES SCOPE OF WORK: Purpose: The City of Palm Springs is seeking qualified vendors to provide pool chemicals for Palm Springs public swim center as outlined in the scope of work. Background: The City of Palm Springs maintains a community recreation center that includes a swimming pool for public use. The swimming pool is maintained by utilizing Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals. The City has recently purchased its own chemical tanks and is now in need of an outside vendor to provide the necessary chemicals to maintain its public swimming pool. It is the intent of this specification to secure a contract for a supplier to provide the necessary pool chemicals to maintain the proper PH balance sanitary conditions of the pool. Scope of Work: The intent of this Invitation for Bids is to solicit sealed bids from qualified vendors to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals on a monthly basis as needed. The vendor shall furnish all chemicals, labor, necessary equipment, and any tools required to perform the services to deliver said pool chemicals as set forth in this specification and in keeping with the highest standards of quality and performance. The City has purchased a new 1000 Gallon Opaque HDPE Heavy Duty Double Wall Storage tank to store the 12.5% Sodium Hypochlorite and a new 500 Gallon HDPE Heavy Duty Double Wall Storage tank to store the 15% Hydrochloric Acid (See Attachment A for tank specifications). The current tanks are stored outside in an enclosed block wall space with a semi enclosed canvas covering (See Attachment B for photographs of enclosed space and conditions). The new tanks shall be installed by the City prior to the first delivery. Work will be executed under the direction of the Parks Maintenance Supervisor on an as needed basis depending on the quantities needed for each delivery. The swim center uses approximately 3600 gallons of Hydrochloric Acid 15% each year and 30,600 gallons of Sodium Hypochlorite 12.5% per year. These gallons are estimated based on 2015 usage information. The City cannot guarantee a minimum usage quantity. This quantity is an estimate only actual usage may be substantially higher or lower based on swim center usage. Deliveries shall be F.O.B. destination, with no added charges (e.g. delivery, expedite, environmental, overnight, fuel surcharge, etc). Handling and delivery of all materials must comply with all local, State and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing. Distinguishable uniforms must be worn at all times, with company name clearly displayed, while on City sites. Page 20 of 75 EXHIBIT "B" CITY'S INVITATION FOR BID CITY OF PALM SPRINGS INVITATION FOR BIDS NO. 16-06 FOR POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER THIS INVITATION FOR BIDS CONSISTS OF THE FOLLOWING: PAGE COVERSHEET.......................................................................................................................... 1 NOTICEINVITING BIDS ............................................................................................................2 BIDDER'S CHECK LIST.............................................................................................................3 TERMS & CONDITIONS .........................................................................................................4-6 SCOPE OF SERVICES, REQUIREMENTS, COMPENSATION, PERFORMANCE.................... 7 ATTACHMENT "A" TANK SPECIFICATIONS .......................................................................8-14 ATTACHMENT "B" TANK STORAGE FACILITY PHOTOS ................................................. 15-17 BID PRICING PAGES (MUST BE MANUALLY SIGNED)......................................................... 18 NON-COLUSSION AFFIDAVIT...................................................................................19 BIDDER'S GENERAL INFORMATION AND REFERENCE LIST........................................ 20-21 SAMPLE CONTRACT AGREEMENT........... ....................................................................22-45 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. STREET ADDRESS: City of Palm Springs Procurement & Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 DATE DUE: March 31, 2016 TIME DUE: 3:00 P.M., Local Time PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAYS (OR WEEKENDS) PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAL/BID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. Page 21 o l'75 NOTICE INVITING BIDS CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS (IFB) 16-06 NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified vendors to provide: POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER SCOPE OF WORK: The City of Palm Springs offers a public swimming pool to local and visiting patrons to utilize for recreational as well as organized swimming sports and activities. The City is in need of a chemical pool supplier to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% into city-owned tanks located at the Palm Springs Swim Center 405 S. Pavilion Way, in the Sunrise Plaza complex, immediately adjacent to the Leisure Center. DUE DATE AND TIME: Bids will be received until 3:00 P.M., March 31, 2016 at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered or mailed to: City of Palm Springs, Procurement and Contracting Division at the address above. The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. Availability of Documents: Bid Documents and Specifications be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8374. Upon downloading the IFB via the internet, contact Leigh Gileno via email at Leigh.Gilenoftalmspringsca.gov to register for this specific proiect and your desire to receive any Addenda issued. Please provide your company name, contact person, contact email address, office address, office phone, and office fax. Failure to register may result in not receiving Addenda to the IFB. Failure to acknowledge Addenda issued may result in your bid to be found non-responsive. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of all Bids. Telegraphic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Prevailing Wage Rates are not applicable. Sincerely, Leigh Gileno Procurement Specialist II City of Palm Springs, CA PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY SUBMITTALSIBIDS ON FRIDAYS (OR WEEKENDS) PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAUBID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. Page 22 of 75 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 16-06 BIDDER'S CHECK LIST I GENERAL INSTRUCTIONS TO BIDDERS: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation to Bid only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after the Bid opening time and date, but prior to Award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE. II REQUIRED DOCUMENTS FOR BID SUBMITTAL: BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED. X Bid Schedule Pricing, Page 18, must be manually signed. X Erasures or other changes made to the Bid Bid/Pricing Page must be initialed by the person signing the Bid. X Affidavit of Non-Collusion by Contractor form, Page 19, must be notarized and signed by a Notary Public. X Information Required of Bidders, including reference information, Pages 20-21, must be completed. X All Addenda issued shall be acknowledged in the space provided on the Bid Pricing page 18 or by manually signing the Addenda sheet and submitting it prior to the Bid Opening Time and Date. Page 23 of 75 CITY OF PALM SPRINGS TERMS AND CONDITIONS 1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and date of opening. 2. Bids submitted may be withdrawn by written request received before the hour set for the opening. After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no time after award of Bid. 3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder or to reject all bids, as it may best serve the interests of the City. Furthermore, the City reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. 4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid, as it may best serve the interests of the City. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations in the bid documents and to complete the Work contemplated therein. 5. The decision of the Palm Springs City Council, or their designee if applicable, will be final. It is anticipated that City Council, or designee if applicable, will award the bid at their regularly scheduled meeting following the closing date for receipt of bids. 6. Bidder's signed bid and fully executed contract services agreement shall constitute an agreement. 7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the pages which make up this Invitation For Bid. 8. The price quoted by the Bidder in his/her bid shall include any and all applicable sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress. 9. Bidders may submit only ONE (1) bid in response to this IFB. You many NOT submit multiple bids. 10. When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 11. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public. 12. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a Notice of Award letter and Agreement will be sent to the successful Bidder for execution and return. The successful Bidder shall provide all Certificates of Insurance, within fourteen (14) calendar days. Page 24 of 75 13. The Bidder agrees that the City has the right to make the final determination as to whether the material/equipment has been satisfactorily delivered, operable and meets acceptance criteria as defined in the Bid documents. 14. Performance: Time is of the essence in the performance of the work. Performance schedule may be a factor in award of bid and may be cause for rejection, as determined by the City. 15. Termination for Default: The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination,the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price, If, after notice of termination of this contract under the provisions of this clause, it's determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 16. Termination for Convenience: The City may, by written notice stating the extent and effective date terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 17. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 18. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 19. Payment Terms: The standard terms at the City of Palm Springs are Net 30 days. 20. Local Preference: Pursuant to the City of Palm Springs Local Preference Ordinance 1756, the term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or bid opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in Ordinance No. 1756, the City may give a preference to Local Businesses in making such purchase or awarding such contract in an amount not to exceed five (5%) percent of the Local Business' total bid Page 25 of 75 price, or $15,000, whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the Solicitation. In order for a Local Business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see cost proposal pages) and provide a copy of its current business license from a jurisdiction in the Coachella Valley, 21. Questions: Bidders are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this IFB other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a Bid. An questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted IN WRITING and directed ONLY to: Leigh Gileno Procurement Specialist II City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92263-2743. Email: Leigh.Gileno@palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB. The deadline for all questions is 3:00 P.M., Local Time, March 17, 2016. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 22. It is understood that the services offered by the Bidder will meet all requirements of the specifications in this Invitation unless deviations therefrom are clearly indicated in an attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. The City of Palm Springs will be the sole judge as to whether any deviations or exceptions will be approved or accepted. Page 26 of 75 CITY OF PALM SPRINGS, CALIFORNIA SCOPE OF WORK, SPECIFICATIONS, AND SPECIAL CONDITIONS INVITATION FOR BIDS NO. 16-06 FOR POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER 1. SCOPE OF WORK: Purpose: The City of Palm Springs is seeking qualified vendors to provide pool chemicals for Palm Springs public swim center as outlined in the scope of work. Background: The City of Palm Springs maintains a community recreation center that includes a swimming pool for public use. The swimming pool is maintained by utilizing Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals. The City has recently purchased its own chemical tanks and is now in need of an outside vendor to provide the necessary chemicals to maintain its public swimming pool. It is the intent of this specification to secure a contract for a supplier to provide the necessary pool chemicals to maintain the proper PH balance sanitary conditions of the pool. Scope of Work: The intent of this Invitation for Bids is to solicit sealed bids from qualified vendors to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals on a monthly basis as needed. The vendor shall furnish all chemicals, labor, necessary equipment, and any tools required to perform the services to deliver said pool chemicals as set forth in this specification and in keeping with the highest standards of quality and performance. The City has purchased a new 1000 Gallon Opaque HDPE Heavy Duty Double Wall Storage tank to store the 12.5% Sodium Hypochlorite and a new 500 Gallon HDPE Heavy Duty Double Wall Storage tank to store the 15% Hydrochloric Acid (See Attachment A for tank specifications). The current tanks are stored outside in an enclosed block wall space with a semi enclosed canvas covering (See Attachment B for photographs of enclosed space and conditions). The new tanks shall be installed by the City prior to the first delivery. Work will be executed under the direction of the Parks Maintenance Supervisor on an as needed basis depending on the quantities needed for each delivery. The swim center uses approximately 3600 gallons of Hydrochloric Acid 15% each year and 30,600 gallons of Sodium Hypochlorite 12.5% per year. These gallons are estimated based on 2015 usage information. The City cannot guarantee a minimum usage quantity. This quantity is an estimate only: actual usage may be substantially higher or lower based on swim center usage. Deliveries shall be F.O.B. destination, with no added charges (e.g. delivery, expedite, environmental, overnight, fuel surcharge, etc). Handling and delivery of all materials must comply with all local, State and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing. Distinguishable uniforms must be worn at all times, with company name clearly displayed, while on City sites. Page 27 of 75 ATTACHMENT "A" Specifications for 500 and 1000 gallon tanks pages 8-14 500 Gallon Tank for Hydrochloric Acid 15% DWO500-57 DOUBLE WALL TANK STANDARD COMPONENTS 10528 16" VENTED LID DWO500-57-1 INNER OR PRIMARY TANK i i 14213 EPDM SEAL SECONDARY TANK O SHIPPINGG / CENTERING NOTCHES 3 PLACES FITfI (FITTING ISS 8LAT FLAT I"SERVICE FIT'INv Page 28 of 75 j GEN H+,F.i OG It 0,' Ii .YC i - L11—� T 1 , .J Cl i IS V ;tl 3 j F11iud GPhces, I ' or aoec fl i5 MS c Of I 141E 6 - -- --- ! �--- u71 -- DenI 1 N D U 9 '. l k;S >r rr II I lz ( _ -� I [.; II .: ( ... ,C �w it Pagc 29 of 75 14'31 1 ABE 14 L !M[Ill' tjtllM aA FiMfIG 0,17:0t,�L rC T A A 1 7 L Den I INDUS Page 30 of 75 J r71; - --. .. . . .�,�. I STAp:DGRDTANK ASSEr-18.� j f1 i 1 I ' ' 1 I `-1 •. 1 IF -- --- ------ --- Den C 4�ery��Y .nMu.. Page 31 of 75 ATTACMENT "A" CONTINUED 1000 Gallon Tank for Sodium Hypochlorite 12.5% rR Cs, it,i I � 3 i I I77 �.I1 rlG OPTiOdj. t j i �a9.r 8C i �� F39i i r f _ II nt nc is oo mse r: DUA- A i '�DN 10 ID I Den N D U c Page 32 of 75 PRELIMINARY -- _J J i r Y Den . I _ __ _- - r I Page 33 of 75 'r) L N 11,D L S T 1 E ANK ASSEMBLY WITH OPT ONAL FITTING 10 10 IA. 1 12 — --- -- - ® Den I I N D U S rill. 'T, Page 34 of 75 Attachment"B" Aerial View of Tank Storage Facility La._.. ..s K!CIE3 > RED OUTLINE IS ACID ROOM 15ft X 15ft YELLOW OUTLINE IS CHLORINE ROOM 27ft x27ft. CHLORINE ROOM ALSO HOUSES BACKWASH FILTERS AND HEATERS Page 35 of 75 Current Tanks will be replaced with the"New" City-Owned Chemical tanks by City Staff prior to first delivery. gy. �CC^^..ff y uu SMI11FFVR n . 7 t y% Page 36 of 75 �yy . . - a m t . � �, •\ Page 37 e75 BID SCHEDULE SUMMARY POOL CHEMICALS IFB 16-06 Chemicals $ Per Est.Gallon Per Estimated Gallon Year Year Total Hydrochloric Acid 15% $ X 3,600 all r $ Sodium Hypochlorite 12.5% $ X 30,600 all r $ Annual Grand Total $ THIS IS A UNIT PRICE CONTRACT. PRICING FOR INITIAL 1 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial first (1) year of the Agreement term, the Unit Pricing shall remain fixed. For optional years 2, and 3 vendor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 2 and 3, plus any associated CPI increase, are at the mutual consent of the City and the Vendor. CHECK IF THE FOLLOWING STATEMENT APPLIES: (MANDATORY) My firm/company is a Local Business that has a properly licensed car wash facility located within the Palm Springs city limits. Copy of current business license from the City of Palm Springs is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your Bid. Failure to acknowledge the Addenda issued may result in your Bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s) # is/are hereby acknowledged. (Signatures): Name of contractor submitting bid Authorized signature Printed name Title Address City, State, Zip Telephone No: Fax No: E-mail Page 38 of 75 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) The undersigned, being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or any other member or agent thereof to effectuate a collusive or sham bid. By: Title Subscribed and sworn to before me this day of 20 Notary Public in and for said County and State Page 39 of 75 CITY OF PALM SPRINGS POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER IFB 16-06 Information Required of Bidder NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL ALL APPLICABLE ITEMS MUST BE FILLED OUT. Bidder is required to supply the following: 1. Contractor/Firm Name and Address 2. Name and Title of person authorized to execute a contract for the firm: 3. Telephone Number: (FAX) 4. E-mail address: 5. Type of Firm: _Individual _Partnership _Corporation _Other 6. Corporation organized under the laws of the State of 7. Business License No. Expiration Date: 8. List at least five (5) current contracts/references which are similar to the requirements in this IFB. Contract$ Contract Account Name & Address Contact Person Amount Term & Phone Number a. b. C. d. e. Page 40 of 75 9. List the name, title, and telephone of the person (Manager or Supervisor)who will supervise full-time the work of this Contract for your firm: 10. Number of years in this type of business: (USE THE SPACE BELOW AND ADDITIONAL PAGES IF NECESSARY) Page 41 of 75 EXHIBIT "C" CONTRACTOR'S BID cm,.r USA IM C'Ol j l:aa, ss otau Ir,. un r-za r-e,n„ u n wA R F2' EIi?l41 >Ixcll M 2016 Cite o.'Palm Spr;ups Prarrcmcnt&Contnxting 3.00 F Tahquitz C'alyon IA'ap Palm Springs.C,1 )22G? RE- IF'tt No 16-16. Phil Citcmic:d: lit'I'nhn Springs S:e'un Caruci To R'Irom It hlmy Concert), Uoi%&t15A Inc. is pl<:ucal Io of;ir a prce quote al yowl IFI3 due T hursday,htaoch 31,20I6 and has dune so on the❑uoched required palscrseorA Gar contact intro mation Ibr ell things bid and conlrac;rcUcd,as uc;l as the iniarm.aion Inr your local branch,is also anachcd. We look 1omxd to hearing the results or your request %,e have !ncucd a,.ell-;Mdrecwd, slumped envelope for the bid tabulations. I-n.mk Nou, Shcwnayey McCarthy Je`tni(rw,Pet-md, Nlunieipaf Specialivs LL cstor i Repoli I-m%ar USA bu. nwmlran! ',ve4 rl unis�ct-9Lsi'!1! ubw;Loy reon Ptaasa Now. S,-.,shar nrdomoly euyer!a.•IOsaea III ttk c.!tnl Gwtd by Sellelr nogbyen=c or Gmarlr of �onpx: Dia,;M1et Way is dub,e la'nc+dcnla:or conseq�xe�!ral ea:hayea bao's Feo:,.y ISIe the Nret a:e tote c!Me goods SELLER"KES NO YIARRW4TY OF MERCPANTA311_111 qP FITNc SS FOP A PAPIIC'mAP PurtpoSE PINtI Note Where applicable,an,Slpte,I eopwal Y aJmr](1pICDnale lawec and'a the Ca'rlcrna t•LG Assesz'nenr +^'t+GGca'as scLara!e line Gems en ant mmlc¢s I,ern Un.vm I!Cmvr s one,t�xngl was mcosne of Inese rFa3es-IPei we br trw.rd Oul el:he'prMud''.me Iem a.^..a:?pn+as Intl oar.u'r,Iem1s;x'c,t Lmc of dllnrg Page 42 of 75 Unrvar USA Inc. 2600 S Garfield Avenue Commerce,CA 90040 T 323-727-7005 U n I Vn R F 323-837-7100 svww.gnivarcom GENERAL INFORMATION Regular Office Hours du Tg which orders may be placed' kJcroa,-Posey 7.00 am-530Pm(PSTJ In case of an emergency durino non-business hours For Non-Chemical EmerWc,es Alien hoots emergency Pa3er_24-hour resporsse. (323)440 9114 for Ctemncal Related Emwgorstes. ChemTrec 18CO)424-93CO Name§,telephonelFAX numbers of lhoso resoo Bible for takfng Ct ders and iniliahng delivery. OFhce Fhane (6&0)201-4435 off"Fax (223)837-7130 Email Orders-Fyc3�c.laa�,rprar sa rcm Ton Ce',o^.y Admm':s:ratrve ktanar Danel MW11'115-Opura]gns dnrm3et er GaY Kisslw , Gerea�Nanager dldenmlei'!.,-Sc0n4n 1�3•}rr�d'u-•. 'y_n'f�rvYql_✓V i1�<cya?n ' FISY ku'sW_:igPilvanlso.{nm For anything pgrlalning to bids Please send all tee 0a kctsnIxtirtenls:o Unrvar JSA Inc �UnzsS o1P.er'.vise specrkedj Alin OVER k'uni Tea.-, 8201 S 212." Kent,WA ceC32 1?94 Contacls n'unnegm-�•g}I•'%. uni�aru4�_�;t) J",lder Penas Ra se Viol'", Mir eY.e Work Mumcpal Spoaafil MLnx;ryal SpttU,j tyi.•,-, Ptwx (2531872-5040 Pncne 1763)BI2SO6B ,.,tat S;x::atsl Fa: (253)672.5041 Phone (53)872.50M -fas 12511872-5041 tellndtiLLY'[d?rs:_d!�sa yrmt Fa, IY 53!872-Wt _�^J�•�'33j'.'e�V1�58[_tin: .gi�Cpl�n x_Ck ti Sd'um Siawnasey N4Canny MunK pal Cc',,. ercgl t-!ana)er Plr: c, 12537 a^.StY 2 Fa, fI531872-5041 i,�3J.rvr,A'eSY_?!::ia_Vt.•c'�..mud:'ISa=Sin Page 43 01 75 Btiniltance Addresr Standard Peymenl Terms: Urivar USA Inc Net 30 ;'0 G'ox 845027 Dallas, TX 75284-9027 Page 44 of 75 unlVAR L NI FAR USA INC. A 1, 11 OR I Z C 1)BID S I GNE R S ki-Y I MON )Lvir.ti I'-z 1;"ll I lla ..... .. 'Wf".h;,J�u, ru,,�,',for i!::i�!. I (*,�,;."t,, 5"'d 1: J,! J 4,I)a L"'r D.thn H." . .'T As rl S,,, 't.j 1)""fro cil rik 1 ;�ai:l;.;n:j bf fpt,, tikovi:fy ,A1 3,-F. f, p,1,o'"I pl, 1" LN'D OF k6S01,Lj I;u!, _(UUOJLJ ��r (LN j 5'\J J !tC!Z'Y L of I k t-) i'uc Hi rll C:" I cl, llll',�,fur anonaj 11-4 r—'t UF vf Uv V" Jv N' P,CS:Z,r,l ul 1, Ar[ k;ar.i f,autur, mvs,c%al 4;cr 11%, 711 Moif!rij!-!Sp_,Mal ,t 0 0 F cn 'c",,00 S�, SEAL Page 45 of 75 IFB #16-06 POOL CHEMICALS FOR PALM SPRINGS + SWIM CENTER ADDENDUM NO. 1 T n:s Audendum is be ng issuec for the Ic lovnng changes and cdormatior ai items: I fiF. FOLLOW NG REVISIONS ANDiOR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWAGS AND SPECIFICATIONS. THIS ADDENDUtd SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRLICTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENT S. The City has received the following questions and is hereby providing answers thereto: O I W511 the tanks have level indicators so that the dnver can easily and safely see the level Of the ChemiCals he.ng de:verecI into the tandl A 1: Yes, the new tanks w!h have levellndicafors- O 7 W fl the new tacks have a fill hne with,a camlock cennecuo^?{Thus Is U,e safest way to Fli the tank) A 2: Yes, the now tanks will have a fill line with a camlock connection. BY ORDER DER OF THE CITY OF PALM SPRINGS,CALIFORNIA } Procurement Specialist 11 DATE March 7,2016 ADDENDUM ACKNOVdLEDGA9ENT Proposer Finn Name _y.",11 "S a I ,I_ Aulhorized Sgnalure' ^ I L kf_. Date Acknow,cdgr eel of Receipt of Adderilum I is regra:ed by 5pwq and relurniru3 a cagey o!Ih.s addecdum wi:9 your response. Failure to acl:nrni,edge!-is Addecdur, c•.ay esun in your IFE being dammed ncn tespor ,e Page 46 of 75 IFB 016-06 POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER r ADDENDUM NO, 2 This Addendum K oeirg lSSuOd for the following[Ranges and informahoral items 1'HE FOLLOVANG REVISIONS ANDOR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL CRAMNGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECLCENCE OVER ANYTH hNG CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO rEREINAFTER AS PART OF THE CONTRACT DOCUMENTS The City wants to reiterate that deliveries shall be F.Q.B.Destination and that the City will NOT accept ANY additional add-on charges such as fuel surcharges,or any other special charge or fee of ANY kind added to an Invoice other than State mandated chemical fees. This shall be a term and condition of the contract and any invoices with such fees shall be rejected and not paid until such charges are removed and a corrected Invoice submitted. BYY�OR!DEERQOF THE CITY OF PALM SPRINGS,CALIFORNIA `-" �j '-Jk ° Procurement Specialist II DATE March 17.2016 ADCENDUM ACK.NO'£.'LEDGh1ENT'. Proposer F rrn Name. Aucharzed Signature .,., 11 , i-- Daie Arknowledgmenl of Receipt of Addendum 2 is reyu.led by sgn ng and re:_rmng a ccpy of this addendum will' ycw response Far ure to acknorriedge Ih:s Aodendum may result In your IFB be'.ag deemed nor, responsive Page 47 o F 75 BID SCHEDULE SUMMARY POOL CHEMICALS ._.._.. IFB 16.06 Cnemic MS f Per Est.Gallon Per ar Enmulod Toul X r•ldra.Nar.c Acd to ' f >,'1 + 'u Snu HyFq^,hbntr 125`.4 f P, + % 30600 oatlyr Annual Gnnd + C.hr.,..,-rC .�.- nP�,..�t•1 c. ro Cw �.1..-.v nn.0 p..- , ...-r i.T C. THIS IS A UNIT PRICE CONTRACT PRICING FOR INITIAL 1 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: Fof me initial first (1) year of the Agreement term. the Uhl: Pricing snaa remain fixed. For optional years 2, and 3 vendor may request a price adjustment not to exceed the Bureau of Labor Stain ic•s COnAaner Price Index (CPI)for the LA NerniidruAnalleim region for the prior 12 month period effective on the anniversary date. Optional renowal years 2 and 3, plus any associaled CPI increase.are at the nw!uat consent of the City and the Vendor CHECK IF THE FOLLy4WIN .UTATEMENT APPLIES (MANDATORYI My firmicempany e a LOCX BvarEss Inal Fds a propeiiy'c.xnsEe Car wash Ili loc3leo wtlr I the Palm SW,r9s c,ly 1rcds COPY Or current business beensa from Use City f Palm Springs is NaWifYd to be ii to this document.. ADDENDA ACKNOWLEDGMENT hcknoe•ledgment of Receipt of any Addenda issued by the City for the IFB is required by inUuding the acknowledgment w•dh your Bid Failuro to acknowledge Me Addenda issued may result m your Bid being deemed non-responsive In the space provided below,please acknowledge receipt of each Addendum: Addendmn(s)If 1 4- Ware hereby acknowledged, (Signatures): Name of contractor submitting bid.. I v r I sr; I Authohzed sigoature_,,,�yl RLCIeO nartrey Address ' , -�— City. State Zip,_._�,'.....,- :� .n•.,n= -�. Teiaphone No i 1 c o Fax No f^ r,3 ., > `n- — r; -mail r, r •�...... . ,�,, .-r �i., r... t:, „_. I',c IN ad 45 Page 48 of 75 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH BID STATE OF w.{_iiziRtel�) ) SS COLNFY OF RWFR6f&E t The undersigned,being first duty Siam,deposes arc says ghat he at she isSar }-f I L,,..:• /.,. •pr_'of h y._.' .c_, ,.__ . the pa"y making the foregoing bed if,at I he old is not made in the interests a(,or an Ine behab of any und;s,-Ic d person, partnership company, association, organization, or corporation, that the bid is genuirhe and not collusive or sham;that Me bidder has not directly or Induec ly induced or solioled any other bidder to pul in a false or sham bid,and has not directy or indirectly coluded, conspeed, connwod, or agreed with any bidder or anyone else to put in a sham bid,or that anyune sha:l ref'au: from bidding: that the b,ddef has no! in any mane . directly or naaeoly, sought by agreement, comMUrioalion,of conference vdth anyore to fix the bid price of the biddef or any other biddef. m to fix any Overhead,profit,or cost element of the bid price,or of that of any otnef bidder,or to secure any advantage against the public body awarding Ina contract of anycne interested in the proposed contract;that all statements contained in the bid are true,and, further,that the bidder has not, directly or indirectly, submitted his or her bd price or any breakdovrn thereof, or the coulenls thereof, or divulged information or data ter five thereof, or pad, and will not pay, any fen to any corpofation, oariners Fop, company, association, organ zation, bid depository or any ether member at agent thereof to oNectcale a collusive or sham b4 r SubscrtuW and zwoui kbelore me This ,9.10 day of j 1 WC irf 201�, Nolar&Wic in and(�said — ! �-Y� d/ Ccunty and Slate o`x��4EA tAi O F'rx'o O AS(IH;pP` x Page 49 of 75 CITY OF PALM SPRINGS POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER IFB 16-06 Information Required of Bidder NO BID V01-1,�E vS'fdS�DEk'=p UNLF55 THr5 ChOCUI rFNT IS COMPLE p IN FJLL.kLL APPi1CA31 F 1TFNV M :$l; FILLED OVT Bidd5r Is requaed to suppy the forow qg L CoclracwdPirm Name and Address rl �.'r �I F.- r c ' - -I —_ 2 Narne and TIIe of person aulnonzed to execute a contract for the firm 3 Telephcne Number 4 E-maa anCress_.t_'-__• ' r r�tf_G1ti::._•._::=.,••••: ••, 5. Type of Firm __Indwiidual _Partnership /Corporation _Ocher 6. Corporation cryarized under the a,vs of the Stale of -; H t 7. Ptiwess Lcense No Lo. - oa'7 - .. Frp.raron Oate 8 ❑st at'rust fivo(5f curenl con!raas7relercrces vduch arc<_urrla•to the requaements.n d„s I$-6 Contract S Contract Account Name 3 Address Contact Person Amount Term A Phone Number 1 b_.3 _ .1_..:1 u . t',:20 45 Page 50 of 75 9 List[I ic narne v,Lle. a.N Met:time of 1,e person fmar a ger cr S-pervosoC ,no will s.porvist full 1,+110 the wox or this conItad for yuvr"M. IFJ Nun-be r o I y"i-5 ir,t b,s type of business (USE THE SPACE BELOW AND ADDITIONAL PAGES Ir NECESSARY( ;--4:1,14S Page 51 of 75 UunIVAR 3C?F—q sr�'n.y STE J:•l r.sea x+cc SAFETY DATA SHEET 1.Idennficanon Product identifier hYOROCHi ORIC ACID SOLUTION IN 37%, Other means of idenpfrcatlon SOS number DOOIODD00Ou3 Recommended use and restriction on use Recommended use:8eser td far nduanal and p10fe151Cna;use. Restrictions on use Not tno,n. Emergency telephone rwmber.For emergency assistance Involving chemicals call CHEMTREC day or night at:1.900-424-9300.CHEMTREC INTERNATIONAL Tele 703-527-3867 2.Ilacard(s)Wentiflcalion Harard dassi0cariori Health haaards :cute toxrtq'y 10ra') Caegory J Azwe iv,, ,Iv iDurriaii Category) Skin corms..,/urltat on Calegcry lA Saran eye carnage/eye rwatwn c2legury 1 Label el monts Harard symbo: Pagc 52 of 75 Vrr.!on. 12 a,•,I,.an dale l:/aaD15 Q unIVAR Sgnal word Pa^tr Hazard statement Ccrrovve. CaJ]Cs severe sl.m hums and eye damage. Harmful if swalhwed or in contact with skin. blay cause 101...Act, rrnation. Precautionary statement Preventen Do net breathe dust or mists Do not gel in eyes,on skin,or on(loth.rig. Wash 00oudhlr after hard'Ing Wear pmlect"e glo ers!proleu r.e <IousigJeYe Pri'IecLv^/face protection Response :F INnfdFO'.RenI Verson to fresh a s and keep c,n'ifortable for breaming If in eyes.Rinse wul ooilr with water for several mini,tes. Recw+e contact krises,it pc esenl and easy to do Continue rhaing IF UN SKIN lo,Yan) Take off Immediately alp,cGniam rated Coshing.Rinse 4.n wqh water/shower.IF SWALLOW:7:Call a IsCiSON CEtaTFR{dottor,/if you feel urtneil. 0.bne mouth.Do NOT Induce void Immediately call a POISON CFFITER/dotter.Wash comammaled clolhmg before reuse Storage Store is a crosed contacer.Keep conta ne,ligney«sed Yore In a.e i ven�I'ated place Stare is a dry place Olsposal Drspccr a'conic-t./ccw ainer to an epproprate rreslcnenl and if social fat.I Is:n accordance with applicable a.vs ant regua[.oss,and pioducl C'iniaclerisl cs at tittle cl dnposal. Other hoards whgh do not hone result In GHS classification SGSyS-WO1O,7000003 1s11 Page 53 of 75 Qeva.�r.sate rl Si:G:i VS 1I y/\R ..... ...-.. . ]. ComposltioNinformavon on Ingredionts f, Substances Chemical till ntil Comma"name y and synonyms CAS number Content in percent l%I' Niasei = 7732 lg 5 63 ' 76a7 Ol O i 7 0376{ _..__.. ._•Al conc<n raliom are percent by weight unless-ngrea4m isa gasGas coitt rrt atrons err�n pc recut by F.y vaume. �4. Firyt•aid Ingesdon: DO NQfinauu v¢miUrtg Never give ln7uld t¢an uocans<wus person.Get hi attention i mnedutely- Inhalation Movelofrmhoz If Oreathinglsdil(iculrgweocygen,Perform artificial resplras.00 if hfeathing has stopped Gel medical attention immedlate:y. Sins contact: immea.alelyflush wdhplenty of water for at least l5 mmutes while removing roatam,nated clothing and since,Gel medical allention mmi Eye contact: II.n lies,hold tries open,flood with water for as least 35 minutes and see A dollar. Most Important svmpt¢ms/effects,acute and delayed Symptpms: NO data Indication of Immediate medscal attention and special treatment needed Treatment'. Symptom;may he des ed Y. _._L__.. .. I5.Fire-lighting measures General fire hazards: No unuwai line or e,Mslon hatads need. Suitable land unsuitable)extinguishing media Suitable extinguishing Dse hie exiinguhhmg nrdw opi✓opr:ate for su,sord ng n,jTc,ak medw unsuitable eatlnguhhlng No data available media: Specific hazard%arbing from the During fire,gases haeardous to realt.say be fotmed. chemical: Special protective equipment and precautions for Taefighlers CJOIOOOOWO3 3112 Page 54 of75 VeR an.1.? Fevlx!cn cafe l:/K1;C;5 n..) univAR Special fire fighting No data ails fable. Procedures! Special protective equipment for CnntaMM dose to fire should oe rerno,ed or wined wnh water hre II�hICR 6 Accidental release measures Personat precautions,protective U;e personal protectve equipment Reep_naethoaaed per oorel sway. equipment and e.,genry procedures: Methods and maleHd for Absorb spillage wJc non cis... Fe,absu,bcr,l ma'en ai Due tut later rnntalnment and cleaning up: tlspnsal Nolltication procedures: Dike for htcr drsWsai Preve-d entry into w9!ervays,se,,er,basemrnls or mntned areas Slop He riuw of malerml.d thm is without ruk. Envlranmental precautions: Do not contaminate water sources or%owc,. 7.Handling and storage ' precautions forsile handling: Use personal protective equipment as required Container must be kept IigntFi closed use only with adequate ventilation.Avoid brenhing m sts Of vapor.Da not get In eyes,on slim,on clotting.Wash U.oroughly alter handling.Cto not lade or swallow. Conditions for safe storage, Store locked up inducing any incompatibilities; - B.fapoeure controlarpersonal prolactlon -- Control parameters Occupational exposure limits Chemical identity ! Type Exposwe limit values Source Mydr hlocc lr:d Le•.Ln 1 g 2 pom JS ACGIh lhr stw'a luna'JAves I^3 10 13 � . Cal_Tun 5 ppm ]rng,rn•7 IA Nlr'Sh Pu kU Gj de to Lhem ta- Ha2.icj i10101 Ce J.ng h ppn: l rn9/m3 US JSHA Ta hir Z 1 LImrts for nu Ccntaminants Q9 CF6 1910 LXP3i „077GJ01 Cra.ng 5PWn 7ngim3 US OSHA Table 71 A(l2Cfp Cc:Lr. -__.._... _ _.. t Sppm 7t p/n3 US tk nnesu• U[ls Gaepalronal 5O5_US-00010, (W3 4"2 Page 55 o f 75 Ve-slon'1 7 Rpvsvun dale. 11;15.r1035 A tl unfv^R f spmure Lrm is Table ZIA{CG 2WIll j AN EA. 8 i pg/m3 VS Texas Effects Screening Levels IT .as C.,,.,io,on Enwrunm.emal + Qaal;yl(C2 10131 SI ESL 150 US.Texas Effects 4•eening Levels r ptf/hA jTP.as Cri,rin srun.on Fnn:nrmenUl . : � a ,YI�C2 2U131 AN rSl 5.7 ppb US Texas.Eltects Screening Levsl, (Tends Commis ,on on Environmemat `___ QJdIdY11022013} _ .t ..._ _ . Si ESL 130 ppb VS Texas.Eltects Sc,enivg leral: � ••. (Teas Comnnssren on E ,h,onntenl.al I QJ4140 1022013j -o-Ing 5pom 7rhglm3t US Calfumia Cole el Regufatom. Title g,Secron 5155 Airborne Conbmn,ts IN 2012s_._._.._.. Appropriate engineering Adequate.enoruiun shcu'.d be provided so[oat caposJ c bmats are list controls e.co-rded. Individual protection measures,such as personal protective rqulpment General Information: Vic personal protective egmpmrnl as required Afways pbserve gooc personal hygfe'r roeaaw es,such as was:nng aher handling the material and before eating,drmYmg,and/or smoking.Rouontl y wail work dplbmg 10 renicve coctamwants.�'Iscard rchlam,,ried fitoi near that cannot be cleaned.Practice good housekeeping Nov de eyev.ash ltm.otrane safety shower. Eye/face protection: Wear safety glasses su m side shields to,goggles)aria a face shield Skin woectlun Hand protection: C�C,cal revstant ga.es Other: Wear ehemlcabresistant&,hts,fow .ear,and protectme cbth rig appropriate for the+isk of exposure Conrad hei3h a lid safety professionaler ,, Ufacmrer fin speLJK information. Respiratory protection; In case Of inJdequile ventilation wilt swlable respirator. Hygiene measures: Avu a contact with sk.n Observe good industrial h,% ,,e pwocirs 13,rwt eat,clink or insure When using the product.Wash nand•,alley haodli^g Do not get in eyes rYaah contannroled(Othing telurc reuse.Dc not get this material in contact adh$kin Wash hand.before bass and Immcdusely after harti the product SOS-1-5-COU 100Jk1uJ3 Page 56 of 75 viers me 1.2 Revrsmn vale 12f' 5f:015 UnIVAR _. sfc --._.-`— 9.Physical and s.homkal properties Physical state. .,vual Form' No data available. cobs No data acai.abie. Odor: No data available. Odor threshold: NO data available, pit. 0 Melting point/freezing point- -34--15 T Initial Bolling point and boiling range. 60- 105 `C Flash Point: No data aval lable. Evaporation rate: No data avadable. Flammabllity[{abd,gas)- NO data available. Uppec/lower limit on flammability or explosive limits Flammability llrNt-upper)%): NO Oataa available FlammablBty Ilmt-lower[VJ; No data avadshly ExPlosme limit-upper J%J: No data available. Explosive limit-lower l%J: No data available. Vapor preilure: No data avaFabk. Vapor density: No data available. Relative density: Sdulbi ity(.es) Solubility in water: 140 do'a ava ladle. Solubility(other): No data availabe. Partlbon aue Niciii In octanot/water): No data avadable Auto Ignition temperature: 140 Oita a.a.laoie Decomposition tempetatuu: NO data availab;e. VlaacsRp NO data available. 10,Stability and reactivity '... Reactivity: No data ar.altable SOS OS-00010000i Ez I Page 57 of 75 version:1 2 Pemsiondace. INt5%10Ib V unIVAR Chemical stability: Manna:s stabte unJe,normal cund.lron;. Possibility of hazardous No daca available. reactions. Conditions to.,old; AvoN heel or mnrannoalm^. Incompatible materials: 0.4 tfs fgnrdous decomposition No data available products. 11.Tozloologiealinfoemalion Symptoms related to the physical,chemical and toxicological characteristics Ingestion: No data available Inhalation. No loll a'a lable Skin contact: No data ava.laWe. Eye contact: No darn available. Inlormatlon an toxtcological eNects Acute toddty IIISI IN possible routes of exposure) Oral Product AIEm,.11 900 mg/q Dermal Product: A'Fm�t 1) 1.449 mV.4g Inhalation Product: Na data ac a.lab4° Specibed subg,mce(s): HyJrOclbrk and LC SC!Pat. I hi 9,12a rng/I Repeated dose tosicity Produce N0 Jaw a,,oeblc Skin corrasion/irritation Product- No data avada bit-. Serious eye damage/eye irritation Prodwt; No data a.adable Resphalary or skin sensitl:ation Product: No data ae.JAble Carcinogenicity Product: (to data a,arlabk SD8 US-Ooo.Uoo0000? Pagc 58 of 75 'i erslon.1.2 Rcvls:on date t:i15r 20i5 U UnwnR IAHC Monographs on the Evaluation of Caccmcigerdc frisks to Humans: No urnnogemc components identified US.National Toxkology Program(NiP)Report on Carcinogens: No carcinogenic components idennbad US.OSHA Spedficatly Regulated Substances 129 OR 1910.1001-1050): No tarcinogen.c components identf-ed Germ cell mutagenicity In vitro Product'. No data avaiiabte. In vivo Product: No dal,avm aft, Reproductive tonicity Pmdurb tJo data avnabfe Specific lxget organ toxicity-single exposure Product: '4u data available Specific target organ lonkity repeated exposure Product: No data available. Aspiration haaard Product: No data ay.+iladle. Other effects: No data avadable, 12.Ecological inlorma0on Ccotoalaly: �.... .. Acute haxatde to ina aqi eP,rrnm#M1. Fish Product: No data avac able. Specified substance(s): Hydrochlaw acid cC50(Westcinmosqunofuh(Gambusia alfrmf,24 h( 282 mgll Nlorta So, LC 50(Wextern nwsgmtulish(Gambusia Minis;,48 hi 282 P:IVI Nloiaiity C.50('Wese'n trosgmla(.h(Garnbuva afh,.u;,96 hp 292 rvgil Mogalhy Aquatic invvrtcbntes Pror l'. No data ava dahte. Specified substance(s): ftydrochbnc acid LC 50 P.+reen or Europeanmore Clio ICarcinvs macnr.f.48 hi_240n,pJl Mona•ily LC SU(Comm n smimp,sand shrsrof:(bangm'uangnnl,48 hi 260 mg/1 Mortabty Cluonic hazards to the aquatic envnwnr nP fish SDS U5 0001GCOu 0fJ3 W12 Page 59 of 75 Vcniun. ;.] damMndate 1,,/15/?,25 Q un1VAR Product: NO data asv.lable Aquatic invertebrates Product NO data avadahle. Toalcity to Aquatc Plants Product: fin data a'vo Jable. Persistence and degradability Blodegradadon Product: No data a,ldabie SOD/COO tatlu Product: NO Cali avadabte BIOacNmulativt potential Blocontentration factor(SCF) Product: No data avai'able. Partitlon coeffkknt o-octarwl/water(log Kow) Product: No data avai.ablt. Mobility in sod: No data avarab4e. Nnoarn or predated distribution to environmental compartments Water No data avai,able Hydiogtn chloride No data avaiiabk. Known at predicted distribution to environmental compartments Water 'ao oils available iJ. Disposal considerations Disposal instructions Gspose if waste at an apFropoate I ,a r,ww and d„po cel laoh:y m acrordarce w It,app'iceble laws and reguNUOns,arc µods.n rh,,xiermtKs at lone of dspowi Contaminated packaging: It.data ava fable. I. �14. Transport information DOT UN ,,",U,, UN 1789 UN proper sh=lipleg name Hydw(nbu-,c ycid solut.an Transport nalard clasc(esl Class g Lahepsi g Packing gro,p'. I: Marne Pollutant' Nut regulated 5pecia-precautians for user. SDS_US-OOC I XODOW 3 Page 60 of 75 S'eu.on I2 Re.•;,,;ndale 1 n5,aols unit/AR .;15.Regulatory information US federal regulatlonsUS.OSHA Specifically Regulated Substances 129 CFR 1910,1001-1050) Nerve premnt or none preunt in regulated quarnines CERCLA Hasardous Suhslante List I40 CfR 302A): Hydroch4,1c and Reportable quanuy.50001its. Supedund amendments and reaulhorilalion act of 19R6(SARA) Haaard categories Not Intco. SARA 302 Extremely hazardous substance Chemkal Identity RQ Threshold Plannln;Quamrj Hy tlrochbrk acid 5000104 5001na SARA 304 Emergency release notification _Chemkal identity RQ Hydrochloric acid 500C lbs. SARA 311/312 Hazardous chemical Chemical Identity Thresholdplmning Quantity H y'dr Ochbnc acid 5001ts SARA 313(TRI reportinfil Reporting threshold for Reporting threshold for Chemical Identity -_ other users manufacturing and Processing Hydrechlti acb 100U01bs 250001111_ Clean Water Act Section 311 Hazardous Substances 100 CFR 117.31 Hydiothbric acid Reportable quama,5000 ibs. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130): Hydroch!onc acid Threshold quantity.15000 Its Hydroch"mnc acid Threshold quantity'.50001bs u5 state regulations US.California Proposition 55 No rngredlens regulated by CA Prop 6S present. US.New Jersey Worker and Community Right to-Know Act Hydrocrac c acid Lilted US.hlattachulelt[RTK.Substance List Hidrochbnc arm tolcc US.Pennsylvania RTx.Hazardous 51balarKns H,drocnlcnc and US*d US.Rhode Island RIK Hydroclfloric acid Listed Si,$ LS-GJOl000W00: 10n2 Page 61 of 75 Verien 1 2 kvv.aan date 12115{ID15 U n I VAR Inventory Status:Austraha At,$ Not.s conapha,ce w th lhr in.emory. Canada 0SL Invenory List Not In com PI;a'.ce wdh the mvento r;. EU EINECS LI11- On nr mcumplia.ce with the., t"Im, EU EMICS'M Not In comphanrr.lithe m'•enloy. Japan(ENN Lill Not In enmp:mrKe w:U,the...meolo:y. EU he Longer Vory:ners List. NOt in comp'ance wdh O'o memory Ch.na Inv Eaang p,emigl S..h:lancce Nct in compuawe..I I,the inventory. Korea Ec,stwg ChemHal9 tov IEECII' Not in compliance with;he inytnfOry Canada NOSL inventory' Not in compliance with the inventory Pmappmes PICCS: Not in compliance with;he inventory. US TWA'n vertory: Or.or in compliance w�Or the r mcnmry Nev,IralanJ love-tort'of Chemicals: Not in cOmpliance with the inventory. )span(Slit Lalmg' Not In tort,pie a nt a with the in n l ory lapin Pharn,aco;oe,a Urtmg: Not in comp)arce with OW 16.01her lnformatlon,Including date of preparation or last revision t1MIS Hazard 10 7 0-Sahel/Gl sses&G11,e1 0 1 ______._ PERSONAL VROIEC110N B Hazard rarrsg:0 -Sbghl,2I hWdc etc; 3-Sv,out,: Sc.crr. 'Gron¢healRl r11cc1 Nt PA Harard lU `, rWrn mab,l.ly D. �v Health ct Re wn y 5oe i-- Sprualhaterd hazard rating'0-Vwnoa:;I-Slight,2-moderate,3-Snows,a Severe Issue date: 12!15l2015 RevI5Wn date: No data available. Version a: 12 further lnlormatlon: No data arnlahle. SOS_ IS 000190090003 M12 Page 62 of75 Yersvm_11 P.a Its wn ll It :21L`/]C15 V unlVAR SGS_U5 Com0000wol 12112 Page 63 of 75 (&Mrr.UiY ICCN'IT'I. Cnlwr DL If Y,Cili F r SDCNTI :0 If,:; PA f 1 rf 6 SAFETY DATA SHEET 10 M 2a0d.5, a [ Ic Ii',v lormot rey . Safety Cx0s if tnc t I I na�Rr q�s[r.n nt5 :Li O,✓P�,((, k.Tl ]ter {i4 11i1d ]i00 RIA2 NVC CdHMPCCA'j.a,SrL:�.cFlDI L'o CR!L rr" F.Ea2 this SCS tr„r ore p>nd::ne E e �.os:rq cf tnls p-c.,_rt. pn F.. Pmp]pyee;. C.5[C!'i r5r i -�.e^S Lf t Sf tll0h 1. :O14111 ICATICI Of THE SUESTAha OR MIX%Al AAt] Ot rHe SOPPI IER VP 11-iNTI7Y L1q.ICn'_or lB-161 (Sidi:.n hypar lcri[e ;2 1[l S4S 6l,�uEP. 0A7EE8; PIE. cSJS CdIE 97/72'2@15 CCf4'A11+ IDENIITI U;'+,a.- CCr'rPANY A_RjF[SS: 1742S NE Union nIII road iCf IPA!:Y CITY. Pedmonu, NA s60S2 (kANY PFANE: 1A25 8E9 JAii) tnERrEM'_- F•ncNES O:EMTFFC: 1.800,42a 9i00 (USA) CA6l;iCC t-LIl-99e 6666 icwADA) SECTIOi 2. HAZARDS IDENTIF1CATI00i DANGER I ! EcF05'ikE v*E kh!!CH: 5TPECT H+GfENE! AVCID Al.l CONTA(T! >tia,aFlt Si xl EeFv `" � 1 i,<rn>. ' eS2 :.ry t� .. is ar{u dirt oryar,.ns, � • ' 95 tr_L9TIIXIARV SIDTEMiNT): SI'l keep leu PU .q: a C art of tte r,a, of 524;;E >',olo contact wIt! s.ln 'fec. S 3F!l)r 15 :u It AUlr Dratect:ve c_.-[n�m, o.e1 I< ur -C .see eyos, rinsc ,vmPd:ately Lilh a' I'j Of ka[kf d'A seek rr�Py'Cal 3Grl:e. ✓- After COn[aCt nwa u, )'In.aUrly Clerty cF wit .dater, w cf Utt19Pnt, or If ,ou fUal Ln'„f i!, 5 r i W PLjIca1 2iyIcP immP dla tPlY, tSirCr Ph,, !Ate! .Rar' 1,OS:2u:v), sr .wnle r'eluac to t^w e,':Ironncnt, Ref.' to sr>e: A. i n:t ruC:l O"v sa i<ly III 4 sP.0 et. SECIIO 3, CPMPpS STION/I4E OItMATIOF ON 1KREDIENTS MAIERIAL CAS' EINECSa nT X Hate^ 173E•IB S :31 7il 2 8-1 It' m H],-;;�hl u•'itP 'C81-S'_-7 - lr 5 aC1um .!�w'u,10P 131B•?)4 .. 1.15 race CJ'.:Une Tts: Trace In,T^rPdyen2l [if an)) are rr,,t yr c It Jl ri:E^t raticrr, (Cl rCtEnilel fJR:n0a'Rn1, rv(rr(ti uit lr'P tOr:nS, +'v 5p]Tdic•y Lr3CI MUtaP'5, •rorSut;er;y. Nurse z( the trace In1;re41 r:=te .;ute ::kr,:f:<ura a0o}t; otr:' +' a 3L !F.e !0 .r: ' ;lOni Cre ien[ :n [ni, t P E': PI Y.P n e I J . ': - e 5, Pa- L C(FR 1'1.d ih2 FPS"dl iCC pd:_"•�d] y ;, 1 ilni ol; -t to Star 0 23 Cf i..S t ..alrni 5, a ) ;en,rJla:, ! acts nd L .a)t•nUfca i:n Sys „an 1 (,❑.. I P SSE SCCTIONS R, 11 1 11 f05 TOAICOiOGI(AL :1IHORMA7](NN. Page 64 of 75 CO11 A IJY !PILOT 1 T, Llill, PH-,X�CT -ErNrl-, H f 10 16% (1301, ,paQh�� Ltv jn-jfj) I AGE 0, H SECTION 1, FIRST AID KEAiLUFF5 th'S Ln'OkiiL! I In's th4 P111. -,In 111, .,,If _rdv,' t,,- ,rf.<ivrat t,, t.i coen eyell, Fell e,Q, t rp c so r fa is 0,1 15 n, S,,k i,nhad,atj aedj,aj S,I r 11 NLo ;)'CJ.Ll oltamlrote5 the skin, !m«qjjjti,Ll ,cCi , uqcaj,xtjrjLju,jtth r:,,r,LPq ]ter' r,65r.j,.g is r"t 15 ."Utc-, F"ove -QrtansI1Zt0J CloO;Ir P, takIlE Care ri:! to *if, St!c 'corneas IrritateJ and S-r:tj!,n tc,Lsts, sedic;;I attrrtli,r, C-t..in'r ai r1cr,l,g befcl-e reise, eiscar._ cnl�iltafco L!,>ct. fll"' 411, If It Is i"LP:tt:6 that F..es a,. still 11e1e11L, the .,ar an p,,Lp, ate ma as :nyWblla,:nf, 3LiP3ratus. lecp pr-svo waft Aru At rest. Dre6thjnG it iilffl:u it, glee SQ-. If breathing has stopped, Trailed Vo s.11,,l L &'1.uILl !.EJJI 3-cel, Legir art iri,tal "f5pI,3Xl0,j. _t "', rt to the parson providing jdje to give lh-tu eth If u1,itIls<iIUS, P!.Chr in recovery p.sitior, ale get eezlc@l ajtentj,,, '"ediAtc:; HPirtain an 0"n al-way. Loosen tight <luthirg soar as , c,L1191, tie, belt or waistband. If the heart ^.j, stooped, tr awned personnel %fln,a lcl !,mzd lately zt,l, cJ:01[vulwr.la,y resUSCitatiol (CPR). Seek 'aQvLliatv med;(JI aTte,av,. In case c, "ralb!l e of dellov",It inn products i. a ft.-e, smicits MA, C. Jr la"d The d persond-y 1110 tc by t,pt dr r 1"n1v fit, 4B h-Le-5, Sk It L On ING; If Fvalib.ad, (-'LL P"`tSJ(]AN ON POISON [OLLFROL CENTER POP, KST CL� EMI JNFOA>14 I!-'h it ,r 0 le 5 s 10 of I a IL 'r- 15 net -I a I lab 11 give two g 1 a s 5 c s 0 a t r r -,o J I i J.L ED kj T I NO,,C f V�I%NG. N.,, i,JnI1 i1PItIrg or give I, Scmoonr who is ,scIv, j,g <-,,Ols!LtPs, or unable tc :rr diate mecical at-,rt:or, ttO!ES TO Nfe%ICIAN 7Tflii Is 11 s,eclflr antlLtr.. Treat rat of e.,,,cos,re shlclj :,E directed at the cont,[ And T-1, 111oLZal ci>IdItI611 of The Patient, Aray ..kvri.ij aspirate c a ;rag I A:,10 lung '.he,efr,f, emesYs lholld 1%0t be ah,ild sett _ally o If it is cunsidefec rlckItOry to OY.fontc the st-lach c-rtents, tris sho.1; h, con. by .""s :east IITQI, to rase 3s,raw," L'i la"80 aft" of Ch-"1411 1a1-1 1C -;at Of to'Cl f.- �,LTICJI a!teel 11, :,n, 9uold be taL,, f:L, RJuai attP,tirn. if ucacssar, take a copy cf :11"I and —r -S ,t,"'n"! Alt, 'ICL.. SEC710,a 5. FIRE fIGnjjN5 mE,,VRES "ImEvErillik mfls�aEs ,J)t use fool, carbc, dio,a, elte, IT, J, fi3lco, pr "q cl,st SPECIAL F19F FIGFIZN4 PPOCECtiRLS WIt,11 spray n.a, be irrFrictive on fir, J,j tan peoj,, & C-1 (!-Sd coll,int, ')IQ log nozzles if Li4:Pr is used. Cid not Eller Confined fi'e"Plle LaItIOUt fell C.,kc, qea- k-ell.0t .1th 44t1 ShLrll, W^Lll coats, gle.rs & r.,tb,, en,,W Lse %IcSd f LNI,5dA1 tAPLJSILN INO PlPr PI_-tET;OqES :Le:at, rra S,',ton`t Page 65 of 75 COPor'ANI itlNIIT'r Lnlva,- patE. L•),12 15 PFO00CT IOC)ITTTI tigwichlor I0-16% fSCdIi. milc1h1=11tf l0 tL11 PAGE: i CF 11 SfCT1011 6. ACCIDENTAL FLLEASE MEASo4ES SPILL ANU LEAK Fi SPONSE AND EN'lIAOkAt[VAL ieEC AJ'INIS. Unceniro:leJ releases should be rnpnnded to br trainee personnel o>rny pre-planned prpcedates. Pruper p"I"t ae e.;uipx r.t $Noel, bz "". In case cf a 5012I, <Iea, tht affeCied area, protect people, and reipond v:th tra L:ed per sa,r,el. ;EPSUTA;. PrPTE(a1VE E(\!LceaENi ih prppCreq ,M!PIt to' .:Ji t 11a5t l ^ aS• 1 h. ci t-:G .1 r,t re lea td :n A wel.. aAt,u tY ne lmtz a21N g - r'Ole 6 j'!,hFcr e.o-:es o•d ntlr ilr It 5. v r latex sh.e=;, giggles, ta:e .d apercp,a'e bu i ' In- r t �f A la 6e r!La sa lmpe "Q- yla' peC if r' fO, it, n" tol rant J,cmlta ,atmit s- t .lid 6cCt .: rand Hat Self tc iv^ad ! t alt"ZIIIS Or ':p tC' n>y F ,.Trey he, nA,dE2 4:![I'UI J 'rst a1 r C J:.t fqr t, tc tlal c d e e'eia -e:pi i d'e rz L 1, ser.e't aprr.vtd Lased G,, a !yal Cr t tentld{ ai"LlIn, Crin Len2rd'lc'!: to a..:rJX-e nitn ',trlt ClilA ar•dl,, ANS( r2C DalnPMa[ln0l. f N;fRONRENtAI Fx EC A'Jtl U1s: Stcp spl L1 at source. Cunstcct Teepo!'ary J:kas of dirt, sanJ, w any appropriate readily avallaole material to prove,t apreaddng of ttE Rater'":. Clusr at cap vai'res ar,:iur binC: or plug hole it leaking container and t•ansfer to ancih¢r container. keep iron entering $torn se.,cr• and Jltches I Ich lead to wateoway$, and If netes5a•y, cal; the ,ecal fire or police department for s mediate one rgen oy asslstarce. C0PJ%;N4EN-, AND CLEAN-bp MEASOf ES Absort 5pilied liquid waU, pC:ypads or ocher sultaple atsor Dent !N:x rlals. If necessary, nectralLe otl•g 1uLtatic biffer•ng Raterlal, (arin with suC" Alb or tale with phca;nc^iC aci95, and its area with lltmdc papa, to ronflrn nevtralvatlon. Clean ,p with non-conb!stiblo Ab,,,bert (,,ch as: saes, sell, ana sq an). Shavel up anc place al: 5p111 raslJ.r, in ¢vltable cun[a;ners_ JisPC," if at an appropriate waltz Jnpo5al fa,i;IT, acCorJ:ng Le currant apD:i<able laws and regulatiu^-0 And pr;:J'.ct Charac[e,-IS,:<5 at tire 6f ".1posal (see Section 13 - of spc vl Lars sderat is^s}. SECTION 1. NAMDUIMS AND STORAGE NARA I NG Usc C,1, w;tn adequate seni::atI Do rot get in eyes. an Skin z C lot ting. RC-ar U5i0i $tandor'U fall fare srle11. Consult Safet) Corripn,,, Stppl.ttr, drzdr gCgglti , face shle.d, gloves, apron 6footwear 1Rpervious to material. wash Cjut vlog bnfora •ease. NE VEF po„r water ;nt, to 15 Lhun di 1 1r.ng or C„Ltirg, al.ays aid it slowly to The to .1.5ni it, stat ee das<ts^ r who! transfer ing, eraura eleC tr lC Al <uni sn,:tf Is, DC,-ding a•z: groonJ l ng a,I egAlp!aent. csa an snick 15nf Jlanet,r of at least 3_E v.[r,,.; (fie"v centimeters] ath a ma.l Rum flue. rate c!f I Rntcrliecend S 1C h AuE Fc separated lum sr-.)nF ;,'"arts str On a C I Ji, r -tl•la a ;ng out star t es, m a s foe: S fe dstaffs. peep Cell 1 . ,'ee i f t der t n See: secio Iv', ewaicri als to Aco:J>. Do nut ate-e abo:r uiyUI d F. I:erp c.ntA!P<- it,.tly Ckcstd S .Z,r ;Ft wn?n not in ese to prevent IcaYage. fall fa:n $r'ie I!5, gicres S to 11 pr elect:.r !.lnI hl ng it ,, open.11 g it +an,11rr wee. enay, oral, cce•:1a;r lr, rCplac. tags zec_rtL�. :k. CCeITAMER;: ;:ere ccv!t aine r$ 1n a Ccol, J., Inc+:ion, a.ay in;. Jtrea %u Iikgh a ce5 of antes st• F-" or vNene Freezing is possILI, !rate la1 Ahaula t to ed in c C•:Clary ce. al.!c rs i, A diked area, as appropriate. Store Ed`,l a5cer; a.41 + m 1n,c ,a )b a cnan 3 s ;see Section 10, Stabliity and Ocartint Post wa-n a!::d WN FM.o LNG" use ar , yt 'ng rts. tl in $IZC,e ,%J eas, as approprias e. En,ty nersa clerks shed id be handle) wn r. ;one. Hare• rc,e f,r;.A, Feed, or dr;nkint .ale, in coot ainer5 wn:Ch :'.e ld int; protlu't. flax CCNTAVIE+S. Ali Lac rape lines wh_tr Conlalu U'.a mate'lal a t be liea:c5. •ol'r.. ..,tt . pi; ,:ras wlrttf t—It.11t this ..,u... Ne rt all ilea s..aeo)sie ly .n the p-., Page 66 of 75 2 Lio.lcn l- 11 :Ss (5cd un n;po:nl tf a a 1a Trl) Haar- ar e 5E(TION 7. FA!15LI16 AW S'Cd AGf (CCKTIkautOJ to tit. CAT( 51si PMf HTS; rank c3'.' care',irg this product sfcvid Ge IJ,,,d d•d un:o::000 :: s:r t([ a:CGr 2.,n(e u;t:. t4V_- moo.f a CTUre" S re L o n1ld.t i Jrt art1 all Fst➢ is red '^.-i sy p 'c0..reI, APG I al a Pr"„aaI protect I.a eqa 1P.e t .est Le osed ,s 4 Sect 17 n, tog:. -e I Controls and Personal P,'otelti a EgAlprent.). A:1 loading An;: an baJine. equipoent Oust Le inspected, Prior to cacr. use, wading and anload irg r,t^J::cr; m_st br attended, a: all limns. Tan4 cares Oust ba le',cl, Crake ,it be set a' wneels n„st br L;,4e' cr 71.c<ed or [e lc.d log o- unicaaing. Tank car (for ivadl'gl or sto^age [alms (for unluaJing) ,—it be to fled to be carrect far rr U is tog this prod„Lt aad "L p,a,,rly per Pare d, prier to it ariiog tre transfer aprrat:ens. He,,, 4o st to verified to 4e ,, the co-r'vct pueltloos, before Ilartinq transfer eper'altons. A tamply (if rryg traC) roust be [amen and wr w fi,d (if ra !red, prior to starting transfer npanatI 1s. All lioea mat re bl�.m anw,s and porgrd before disconnecting theta f-'or n.e to-4 car c^ vessel. ty OTECT['.E PP.ACTECES PJRING KI NIfNANCE Of CONTAMINATED E�L71".l rli: i]1 lCw p!'actic's inpl(ete:t in SQCUOS 4 'SCI.1e Ota1 Plita:c MCa a-irriJ Make e p.;ic at l'1O ew{Phant is :ctked a.nJ tagge,i owt saf¢ly. Alwals use tna prod:::t In aces '.hero adequat± veld tat in, ds ;rw:ded. Collect all rtnsatr. .Ir.d 01:Pas4 0. a-;a.-ding TO applicable ieca ral, State, or local nraced.res. 5 FC 1IiM tl. EMSl:3E CONTROL SIPE RSOhAL PROIECIl01r rn1lRIAL CA54 EINfCSV NA (05N.A) TLV (ACGIH) ,,tar 7732 IS 231 791 I mono Rncwn Noae krd.n SuAi,m rry,i,-t...:ue 13IO.13-2 - nbr,.3 n=.ne 1.no.- Sod l.:r 11,po:n;o.-itv 7C31 57-9 hoot en._w•. 40,o ko on, WERIAL CASu fINKS9 ((I,ING STELCOSMAIACGIN) MAP 5ed:un'. Fydra.iie '310-73.2 - rryCrn) 4nne 4n✓.n NO 7hIs pr JJ+CI Contains no tiA Ha:arCOus air Pnl:Vtdnts iHA,) In hnGvnts > 0.1Z. 0.f SP 10.E T(Mr E,PC$.Rf CON'k0.S alrUnrne :J'-.tS➢iq d n: canCent,jtI,Y'.a CC.Jv e.pai Vr'e IIOIt, g:VV, anent-. If res�I^etcrj proTeiP do is nvCd,J, v'sr o-Ij proteltiC^ a,tharsrs•i in :j JR 191E.134, E_:'opr an Standard EN 149, or appl catle State regulat,cns. If aJequate ve ni 11 at:•_n is cot acal LE:e nr thew is pctanttal fer airnevne erp)5'.=ry arcve the ee;osure 11m:ts, a r2aplratao Ray' to worn Vp to tta. rt:pi,ota, exPaSare 11T1ta:1o=:S, Chh:k .,ZR r'vspjrat Or e2a4aient mar.u•Jct,.rer's reccmnandaticnsi:!4lt at lens For a hgghar ;",I of prctecuon• ace Posi Uve preSsare SupPlILJ a:f respiration prctection ar "if •:met Ainee Breathing A;'p araeus or if c.ygen locals are beio,' 19.5'S or Are a-Iknty. EPLRG(NC'Y CA PLANNED ENTRY UIiO UfJhR"" COE1C E+11RAi1GYS Cf. 10L,1 CChnITI C):i P eslnre pressure, full-face piece Self Crn mfncn groatFing Apparatus: er pdta:"e pressure, full-tote piece 541f Contai-ed Rreatn;ng APpJra)ut '.,th ao au.illiar-. P.,it:ve P-aas'..re Self Contalned Oreathing Apparatu S, 'IfVItaTION LrF_RL fsHA,:jI: Necet s-.ry Mf C.1ANICAL (Gk At N•SL)- 9e:essa") SPL;EAC SanC OTHER,. 4C•P: PIrASe refer 'a ACG[II Jcr art.V nt, `Ind et t r l al VQ nt4 is LI- fWm..al t Re sc.end ed c-a-Cleo s" ], rr ent edstian, fer details Esr p507 f1'l:fi: gspg a cr safecq giatses, ea•:e-s^frlds ala roc une n:)ed leer, :ne npe ra7l;m car yf PC ra to spia to S, so, .mM1C Tn-,7I tC110Y wear ap,.rc;rute 1'ysrv:ws gle',es for re_enr 01J'Stnal use. Use inpar,lo's glcees for p111 r"Pc^lo, as state) In Sa<tfco 6 of this SO: (Lcc:denlal Reitasr Page 67 of 75 (,Ch-hy `.DO%fIri: CI+S v'r OA!f 9N ails PKxwi: IOEFLttr- lblu lchlar 10 18Y i5o]1 n uy p o(h:or l x,: 10,I5k1 P+GE $ Cr B SECTICN S. ESPOSJRE CONTROL$;PERSc»lµ PROIECTIUN (CONIIWJED) lIOt2CE. The selection e£ a 'pf ,jf1C glove fora la r;icular a:pllca!1c: aW Ourat:un P us I A »ortplace thcc e :J also Late into accept al: r•e:ev mx workplace facbsrs as. r- cut rbt Ilaa:e.', x 0 nbr ch"IcalS w':c f. e y C h3nJ let physical t aL'rt5 1 L LV'(lure rrotCrt)or, rlty, tht mu) protR(ti0nl ;Dte0tl3r b ty re atl kn tc glo a natc, 015, as .ell as :Da sP strn rion s:spaz if xan ins p _v:ded by t" g!O+e El,Ul PUOrE';tlO Uee bC, p^Otetlli app roprl alc for tasF C..er-all, -wicc aprr^". or tcral'al prcxrclt.e CIO:lvnd sari• fr:.A imnr-vicws nateru]s are gear ral! uceptable, depm ul^g n rq. ta;c, "-ik S )OCTEN7C PFAil ICES: Provide readily actasaoie e O wash slat Lans 3 saf riy shears. 'was^ at end of each .drk,h,,ft S befnre ea;1^g, 5.king or _s ir•g Ur m::Ct. wmptly row,e clothing that br<0mr: tcntan inateC. Destr sy cOIE,,Enetee .mother artt Urs. Lau.orr or dacartl csn:amamlrJ cltt!tj,,C. Sf(TfON 9. PHYSICAL S CHEMICAt PROPEP.IIES APPEAEAN'(: Li:ib;d, Clair. Te Lc'.. tC LGCA QI!br i+a-!i i.e. s�rg..nt CYJf:P TolES.+I•.D: 0.1 ppn (dzt rtt anj, ipr UlPrirn CM fsae!ra'_Itvi. 1 la (li Solu-,1.10 NCtTW, POIHTI£REELING PCIBT: 27 C f -IT I 001L1NG RAACE (19n,50%,Dry palr;): 14U C 294 F 'LASH PI)1R1 (tf5T METHOD) Not Appli:able EVAPORAT:OM FATE in BUM. A(ETATE.1): hot Appli[ap:e 4L0.ProiNIE11F CLASSIFICATION; Non-'C*tiVStibie LOWER FLAMMABLE LIM:1 IN AIR (S ty vClj: M1st App11ca01a UPPEP F4AMI ABLE LIMIT IN AIR fY Cy wij: Not Avallaolr VAPC'N PgE$$J Nf (.. of hgl,Nle C 1$ (li 5k $u k,ttuoj VAPOR OEH$ITY (air+U: 9.WM GP AJBv n 581 ? f 1 20r:9 (: ECIFIC GHAVITY (Nate r,:J; I.17 - 1.22 e:atEF. S•T_L'B:_]le. 1•CmpIItn :nRTrT[CN CCU. J, 11Rf :n-Oct anF;Wat uj. clot A;.0 :h tii'10N TEP➢EAA-LAC: ilot AL:01iCJblc ." Dfl-Nvlr.l l E(+M1'jEMe pier- II^.t alaiIBC:e '+,'c i.e.Au Los'Cq In) d.0 VulY f0.e P,iL r d.pL<l Lbsl Ga`. era (1:Ltl 0.0 Vol, r0.0 g/L e 0i•0 Lt (tii] I.Dh alrP VU S l 'C)•: 9.N !il% 4:d.e gfL / V.OVO Lbs aal �Z,AR :rI A,R PG LUTA101 (,VP'): 13.0 W S 10 V g: 0.LOD Ih.' aI 041EMPT •J6- PAN!:At PFES5L3E ja:n of He P 79 C; 0.V Jaing C A!I t to $ow;e CO25T Au' r1a!Ity •o-+/parnr ni Oist lv c (SCA,Le: i,.1e 44 SECTIW 19. STABILITY S REAL:IVI TV SIABILIIY StaU!e u'tlCr nl.r T/1 (UIIi1 l:1vn5. CON,:TICN7, TO AVDIJ ISUI.td Erin catro tenprratw'c-s and ua_mpnlh;e tfeTIcais. MAIER:ALS TO AVOID Fe3C;1 vlo:n+.t ly w:ih fire a.engul'h,,ri cald a L+:ns .a;rr, the sucatance a a svvng br.e, ,`t Cts s101e,:Ij wjth acid: and IS IJTJS:re. Ue[GrtOO.ei On heatfnt, arJ F:th. strang .tins, (rach ai sulfuric aci0) p:oc.ci•.g. Lmdc d ccrrc ute f_n•s lac:uaang, c hlorine, pn.S(Vle. 3 hytribe.r ChlGraCe. The Sutstarce is A sTrCF'g mi[an: 5 reacts bith CON•Just:bit 6 rrJoc lag natel"!S. Reacti I.Stb batnl genC:'alj:',y stiff ic;rnt heat ti Lgrlte c t.st;ble MalIDr131S. Fcacts v:oien,Iy wiln st'ong a(lsc, ou:]ag fire L e.plosion ha;r 4 Att Acks no-) plastics, rLbser, p.aU nP s, .any n..xa]s, ;uch as .luau nun tl, g lea; f,,RLrg flal.aable:R/p 1o;i':e gas ;hy]rpgen} Pearl'. w Jrvrnleh Salt' tG p^pJ:•(o .lamCnta a [aiSing fare farlJly AO:J':: (a-c[rl dlo(ICe G +late; f.!,n 1ht• air. Page 68 of 75 _>«P�!IY .0(I T IT Unr.a" LA'f 67,22;15 c F�CUCi :CCutli\: Ltgv lc },rr :0 it', {Satl ivn nypucnlarlt¢ 10-15Y; PAr,E 6 OF E SECTION 10. 51TAOIL M b AFAC TIVIIV {CONTINUED) b A Z:,ALJUS CKCxIpU.I7101. ORCC•OCTS H tJrpge ..,ior:de, P..osges., ,w 1mn Oti:c b "ydr,..� . arcn, n,j,. hA`Ak;;UVS iJ,YMt B.I U.tICN w111 r.c! ua cur. SECTION 11, TONLCOL06ItAl 1110"ATJCN ACUTE HAZARDS E'+E g S12M CJuiACT: etc burns tc st in, defattan2, a :n3t!:a. Sr. .. 5 e..;r 6u-a•. r uyv t, rc�ce:5, testing, blu rrea vLloO. t lUuia can cause se.Pre sloe b eye burns, cash tno,ugnly after nandling, IWIALAICC"Ir Scti,re respiratory tract 1111W ion P3Y Wl.r. V3110r harAtf ul. The aF{']ltabl0 LC WOdtlOna] e.pasorr lI.Lt va"e should cot be eeteecec C,Ing a,, part of to re rk leg ea;z su re. Ha to,efu:lol or fatal If >sralin.,c•d SUIICHHONIC hAZAW15!CWITIGtS A66AAVATEC C'JHUIT:CWS ACSk A'JATEO. .. unn Hy gc:rll Gr it v, a C:mi%'In e+'4 of L1,:5 p'pdU`_L, 15 d SCnf1C 13 er. r"B1Cr'.g c u' O' :v3teJ lk, cl,cacl Cal r',$,It le U,e ]r.e:uLmnn! C, rp5he:, .c It F, snJ other b:]v'rgy-I!ke tine 4ml. CHRONIC HAZAPOS CAW-Er gCnLCW,C TIYL g 01HFF, MIS pr NUCT has no ",ins en: listed l:y ;AR(. N"i', N:CSH, O,pA o, AC131H, as of tMs date, greater cr eq„al to 0.",, v111.iGEH:LIIY: This ;rccjcct It not repo rtva to p•ocu:n n tuc-r;c cf ie;t; In r'-veans. Nunn. nutatlon data are aca;labla !or Sod Y•:m trese eata .ere c6tal•.ed don-g Cldmca] swdlPs vw o;eing spec Ac Usz:.rs e.pcsrJ tc relate+ely high centrntratlanz of cf.i1 s ubstance. .Yrtattbn data, obtainer dvrire clinical ,.udies on test aniaal cssors cr nitre-or-gactsnr. Are a+allabl< (;;r votaszi-a+ ,•p:-caire. Elll2Y'lT01U 1') Tr,,S pl=Jun 1f not r,.01 tad to ll.U+ae C+br)otp.i( eHatt: In hunarn. tF AA'[{N(IU h" Thus C'r+dui a not ref,�rted to produce tcrarogentC effects :a ho.1, FEPFX CTls'C T'^ :CIiY; Tn;t is hot re.'Vrted tC ra-:sP r2p'4:r i[t i+E plfrC!5 In ruman5, l lto2^_n 1: a ti rr 11 Jl 1111h 1,,,, Fgrharert tha^t125 to genet,i na:erlal i64E) — 1 001 t, ch.a-.Ccc 111 CIQP39ate threagn gervv ucnal llrrs. A,. qeh ry m:,.n u a r.i;V.4cal .nut 5utei La.Oye to 3 dr:cl^pl'g a .:rji (suCr ast 'M1tn_n CrL r1F'lt Aer13 pf pr cgoana 1" ^Una tit the 1 .Zg "oas r.Lt T .1 y' l V,1 gentraticnal 11 5e_ _n2•:n 15 a t 1"c ca hi:.h <at res Jamage C. a tevXp g .etu b : to uanab J,es n„t ,,matt A «yjcF r_L v " js ani substance „lice Lr.terfrres in arty .It,; the reFraJoc uvr Process. MAMMALIAN TOXICITY 2W UenAII➢N SODIJH rY0e0aIDE- Epc :rr:tan.y (,monkey; Zs ctr.,n (si vc-c Eye 1-rilAn<y ",rxhbit)'. S& .1, 24 hears ;se.e-e1 Eye 1•,a ancy t,tbbsI', 1t so Ltir^, fse'+ere) CIE irrltacci (obit) 1 mg, ;a "roars (severe) .:ytagr ma a:+aitsu SYste• {grasshopper P,,nterai)I :o ng L C50 !loin rp ercneal, afv x-;: 49 mg:eg L:::a ipral, rACC1t)' SEO mg:kg Page 69 of 75 C Jr�:.HV 1PENiiiY. Ilrt l'v er Oi'f: O7:ill.l$ —F C4 CT JOE'.FITI. L1 Wlchlor ;O :61 (SCJI�n pypc.hlonty 10 E! ('.GR 7 O= R SECTION 21. T0x{C010U7CAL INFORMATION (COrFTINUFO; PAMMAIIAN TOXICITY INFOAMA110R (CONTINNFO) M NC,OCM:C'M TIE: ETe eHtcts lad:.![ Ra^bit; retire Tr rIutlana r f'a[t. rd[rosnmal nt�tageriti:ity assay (Sa:aGnel-a typhtnonl✓n ; I ¢glplate !ytege ne ct ara lysis (Menanl: (ynpPo<yte, let) p;al;: hems. TOLD, G+"k. LN OM1i O]: 3 p(1g, Central OteVOui Yy sl2m CffectS, Clryoe p...... EPfetti 'O�o, lnt rav en ws (�anj a5 ngi kg, p„1 rv.:n ary systems , LGSO ;Ora!, Nv ascj 5&O4 ngiig SECTION 12. ECOLOGICAL INFORMATION aEt T,UPK PWTICES NCST BF ATMEG AT Et ININA'IW1 P+uIRU.M Eh]AL tUAI:.Y!v_11CN. 11 FELT pF MATERIAL On rLthTS C2 ANp0.2S: Thi; p-ocua may oe harmlcE ar fatal. to plant a:,J an Lail lire :f r leased loto Tne envErermr nt. Flit" to SectloA II (lo Kicoleglcal IofornaLtpn) fur i„rtner data on th.; e FP0<t5 of th15 yrUOlft'S COrtp:Grre nti Cn ICit Jnieati EFFECT OF MATEFIAL ON A,tUATTC LIFE: LC50 (R1ueg111 sunflsh): 2.90 tq!,l96 heu*s LC50 (Pi.ephaLe} pronatas): I.40 a%It'% hJurs LC52 (Crcorh,vt myk 111)1 0.90 m�IL7O.5 CSrri Tne suh SlLn[e Is male to aNaat., crganlema. T^e substance nay La Cacardaus 1^ the Nt.irpnxe�t, Special aacnt ion stt ce gL'+en to .titer organism:. ktillf Try ;h 501L f'O6111 Ll =f t11:1 Rtl trial. 11 n1t IMY1 d42ITS irlld Ir OS=CAO[LITr !rls "CO'ct is C:Fpleta2y b r �a�gradahl[•- �CLx�$IAItIYr Clnac F,;m'.�lar I Jn cl thil P11,11 t '1, npt Cc'en o-te.al-ad SECTION 13. OISPOSAL CONSI4ERATIC46 t p.essing, uiP - - >[am'.Iat1l:^. xay Ch2gI, Tne wash' narag cat': G;.l tJn 4. fL"�f. :'gyp f !-s e'v- g na lCl'd egiona:, state p vi a 1e :c[a{ t03: safety g —Ilutior. 1 Sf i Lm. t, cI.Avt SW DLN 14. TRANSPORT INTORMATICti 1F . 635 IS f l64 AG OF TbIS P0.0CVLT TN I CONTATNEA, It EA'=EEOS !NE 'ACT' OF S,1011 M IIiKCN,I rTE. t": NAME: LNI791, M}petn:crite So:vt to'�x, F, PO :11 I JM (C6R9j:IV21 n—"ENCY R15FOJ-E G IOEN0.E t r✓)CR- :Sa Page 70 of 75 CJ✓A.vr I'JEYri"� -finlvar DATE. e? 2./15 =P {rcCF T?X I,T'r pA)6p 1" PA,[ 3 .. E S ECT[ON 15. 0.CWLATCAY ]Nf INcwlT iON EOA OL6LLATI3N, EAOA SECT1Gv )t l:`337 eaizr ris Acute nea`u: A11 ctaippnents or t)ns Line_¢[ dr2 ca the TS;A ;;•.t. Th L, mat4,la. Copal+s AL` ttlCran prJ(1rCt: rp SL[1a 2: older < A T11.le 1:1• Sactlon 312 i,L an.;wnti greater C.r e;ua: tc 1%- SA{A TITLE Ili INGSEDIEIEIS CA58 EINECS. HI% iAEG.SE(tlON) NQ(LES) Sttfaam F.ypochlorite 'l81S2.9 < 16 i313,'!l:1 Iaa Sa9>om "il",Lie ilia-13.2 -= i'5 (313,213; IF)P" r L'5 1d 2 -y3 A r, 01 TII 'NO T I 1 Ci 1 T ATN C E%C°L C TIE P ' 91Lv Ify FY.II LP TI Al 9 ase rN al to o, v,ttedirc the XQ t to •fo tlo to roe r a c al Re .A Conte fSha + a-6a J ad a:prtp l t.e state arr, kcal tg -t^ri ag n. es as oc,Z Ited in as CFO 3ve.5 am. as (LA Failure to rep„rt may re 5.at lr 5ob st ant[al CI I and t. to I I a 1 p[va l I.I, 5t ate. 6 !'1 •ego iAt:ons nay to .ore reetr,tta,e tha,, f,avral re gulacor s. SiA'[ fCuJLAT E�I!i 1'. oPOPCS3 T IGN 61,. 'nit ProauCt ccrtaI nz nc Ci, Es the State of Ca L`fentla to uNsc tanC,- 6 I ,,oduct svc .J.an V.S. STAft fEratll-EI% b=eU`Cn EiJ s. bw2x9:ICU; 5J051ANr.h [Isis)'. 0e'^OLEIIT AN CA FL It I[5 YA MI NN Su�;Un H,,pochlerr,e No No (:, vet N.• N, No he SJC1Jn H,d,ttlp Yes Yet f'ee ves Yes Y e 5 Yes Y,•. LDMPON[NT F!p N3 Na PA N1 TY W, al $J.'.lun NppoC FlOrpt[ tic YeS v4f Np lip No I4C NO saJicn 1"crEL"t Yes yes Yes Yct re; yv^ arv1 Yes 1 Nt F9 hl.ff011At O[G ,ATIQNI C CJnJpna'45 of th15 (:,uj,rt are llStIel m the ClRrr:.:a: l++vent±ltt C.f t1 fa lo.,l n1; too rin r••: 21pl" (NE I-CSCL, CenaJa HL), )ip51 j, Cana ECIj, ), Europe d 14E CS, E.1NCS1, 3aFa METIr(SIL I), U,:I, 1 (5 RJ Ea:.a. N � teu lala 1N IA: r 1 p,,.ne= f�! Cs) dtc. un0 (SU C5 ), :at.an (ef ;, LSA (1 :. CANAp.s_ WR1P1A•EE iL,*A"CIAb 4,TEPIAL5 INF.Or CATIAN Sli7E.'t (`Aa-l$) c 0viditing bat N'lal. 02N: 1,"-tettrg t.: sx!n f eyes. Ef Corryslv0 Mdlerla i. SECTIDY 16. 07HER IHf OFtMi10.N Im LA.:i iAt lr„S 1•1:1.T11 (NFPA): 3, ItEAtTH (MIS I: 3, FCMIMANILI71: 0, Nt:.: 1161'Y: i II'erscnal Pret[CCttn Hanna tC be raO P:leO 9r' uses hasaJ pn ;j o curb[ions 'n:5 in:,+r coatis is l.1te,Jed sa el, fpr t•`e me of !cd:c to uais trained 11 the IOLA 6 IMIS halal[ rater, SY%ter,. IMPt:111E T:A:IcINb See Sactlon 2for :..i tt .S ia'et. Sta:emanu. Eepl:gnet th.:v:J Lv mad: a..are oI ali hazards of tnls eatrriai Fat r:a:ed 1n this 5Ci) L[inru nand;!cN rl. Page 71 of 75 Notice ORCPP Notice ORCPP Bid/RFP Salem,City of(ORCPP) Dense Soda Ash OMy Manual SM.Aft.cd —N.O 6 5''r cnr m.evi PR, KS0043-167014.16 1 G SE Roc"I IC -- -arm CN OAGI PuEN.N 0.1.3➢m. CCA11[l: luWvl n.r�n.n I 03i11,10It 11 1$AM PNune: I;SCJ}'afLp]Y Cloaop D.W 3 Tim. FIY; W12912014 11 W4 AM Emal: la-'.,r•.a�g:ayc!wm;rct Tlm.;oe. b v.or.:.wd Far �—"------'"—" t0 title.ve;•m..1^v O'rt Srvn Lry o1 SE l ,..,,PI 5ss Le cI SE Yla OR OR VIYT ANCMrvnb pu NO e...l OrpAnivuon An.gan. ,0.NW El W De�plrMapr Pure p...De N.,F.M1 O Y.yrn Comments N in[r c ;:nA'Y - .. ;..� ..... . .. ; ..... ...,.. ... . .- Page 72 of 75 �jIIC PP Nonce ORCPP MiRFP Salem, (';Sy cl i')K�F=F'I Upn{•Stid�Alh O:Ity Manml W 1.AIW.W Noiiu l: A50AI 167014-16 4 pgp , of ............................................................................ .. ... n6 �d!.rryP p.' vls iPpyrn nl Tprpe ! (r]�'�r.[IrL T1r;11 Cp;NM1pnf\ � PG9 � Oe!..ary Ccmmems i Page 73 of 75 EXHIBIT "D" SCHEDULE OF COMPENSATION Chemicals $ Per Est.Gallon Per Estimated Gallon Year Year Total Hydrochloric Acid 15% $2.39 X 3,600 all r $8,604.00 Sodium Hypochlorite 12.5% $1.68 X 30,600 al/ r $51,408.00 Annual Grand Total $60,012.00 " Chemicals are applicable to CA State Mill Fee, Currently at 2.175% THIS IS A UNIT PRICE CONTRACT. PRICING FOR INITIAL 1 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial first (1) year of the Agreement term, the Unit Pricing shall remain fixed. For optional years 2, and 3 vendor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 2 and 3, plus any associated CPI increase, are at the mutual consent of the City and the Vendor. Page 74 of 75 EXHIBIT "E" SCHEDULE OF PERFORMANCE Vendor to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals on a monthly basis as needed. Vendor shall furnish all chemicals, labor, necessary equipment, and any tools required to perform the services to deliver said pool chemicals as set forth in this specification and in keeping with the highest standards of quality and performance. Work will be executed under the direction of the Parks Maintenance Supervisor Kenneth Kershaw on an as needed basis depending on the quantities needed for each delivery. Page 75 o175 { Univar USA Inc. 8207 S.212th Kent,WA 98032-1994 USA unIVAR T 253-872-5000 F 253-572-5041 w .univarusa.com March 28, 2016 City of Palm Springs Procurement& Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: IFB No. 16-16, Pool Chemicals for Palm Springs Swim Center To Whom It May Concern: Univar USA Inc. is pleased to offer a price quote on your IFB due Thursday, March 31, 2016 and has done so on the attached required paperwork. Our contact information for all things bid and contract related, as well as the information for your local branch, is also attached. We look forward to hearing the results of your request—we have included a self-addressed, stamped envelope for the bid tabulations. Thank you, Shawna4ey Mccavty Je n li er perra- Municipal Specialists Western Region Univar USA Inc. muniteam-west(cr)univarusa.com www.univar.com Please Note: Seller shall indemnify Buyer for losses to the extent caused by Seller's negligence or breach of contract. Neither party is liable for incidental or consequential damages. Seller's liability is limited to the purchase price of the goods. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Please Note: Where applicable, any State, Federal or other appropriate taxes and/or the California Mill Assessment will appear as separate line items on any invoices from Univar. If Univar's offer(pricing)was inclusive of these charges—they will be backed out of the"product'line item and shown as their own line item(s)at the time of billing. Univar USA Inc. A 2600 S Garfield Avenue Commerce, CA 90040 univnR T 323-727-7006 F 323-837-7100 www.univar.com GENERAL INFORMATION Regular Office Hours during which orders may be placed: Monday- Friday 7:00 am- 5:30 pm (PST) In case of an emergency during non-business hours: For Non-Chemical Emergencies: After-hours emergency pager—24-hour response: (323)440-9314 For Chemical Related Emergencies: ChemTrec: (800) 424-9300 Names telephone/FAX numbers of those responsible for taking orders and initiating delivery: Office Phone: (800) 201-4439 Office Fax: (323) 837-7100 Email Orders—custsvc-laeuniyarusa,com Tom DeLong - District Administrative Manager thomas.delong(a(<7univarusa.com Daniel Manners—Operations Manager daniel.manners(dunivarusa.com Clay Kussler- General Manager clay.kussler(a)univarusa.com For anything pertaining to bids: Please send all bid packets/documents to: Univar USA Inc. (Unless otherwise specified) Attn: WER Muni Team 8201 S. 212" Kent, WA 98032-1994 Contacts: muniteam-west(dunivarusa.com Jennifer Perras Roise Holiday Michelle Wick Municipal Specialist Municipal Specialist Municipal Specialist Phone: (253)872-5040 Phone: (253)872-5068 Phone: (53) 872-5084 Fax: (253)872-5041 Fax: (253)872-5041 Fax: (253) 872-5041 iennifer.perras(a)univarusa.com roise.holidayaounivarusa.com michellewick(a)univarusa.com Shawnasey McCarthy Municipal Commercial Manager Phone: (253) 872-5052 Fax: (253) 872-5041 shawnasey.mcca rthv(a)u n iva ru sa.co m Remittance Address: Standard Payment Terms: Univar USA Inc Net 30 PO Box 849027 Dallas, TX 75284-9027 V unIVAR' UNIVAR USA INC. AUTHORIZED BID SIGNERS RESOLUTION RESOLVED, that the Corporate Secretary shall maintain a list of the agents of this Corporation who are vested with authority to execute in the Corporation's behalf formal, written bids or proposals for the sale of other disposition of products handled by the Corporation. Said list shall be as established initially by the Board of Directors and thereafter,the President,or a Vice President shall have the authority, by written directive to the Corporate Secretary, to add agents to or eliminate agents from said list, and it is further RESOLVED, that the Corporate Secretary or any Assistant Secretary of the Corporation is authorized to certify this resolution or certify to the name or names of persons on the list maintained by the Corporate Secretary and such certificate will be conclusive evidence of the authority of such person or persons so to act. END OF RESOLUTION CERTIFICATION I, the undersigned, as Corporate Secretary of Univar USA Inc.do hereby certify as follows: 1. That the above resolution was duly adopted by the Board of Directors of said Corporation at a meeting duly held on December 4, 1986,and is in full force and effect. 2. That the list of persons authorized to execute, for an on behalf of(his Corporation, written bids or proposals for the sale or other disposition of products handled by this Corporation, as initially established by the Board of Directors and thereafter added to by the President,or a Vice President of this Corporation as follows: All officers and the following: Shawnasey McCarthy-Municipal Commercial Manager Kristen Bimler-Municipal Specialist Linda Campbell-Municipal Specialist Sara Cauthen-Municipal Specialist Roise Holiday-Municipal Specialist Michele Karras-Municipal Specialist Max Malmborg- Municipal Specialist Jennifer Perras -Municipal Specialist Shelley Stevens-Municipal Specialist Michelle Wick- Municipal Specialist 3. That the foregoing person is authorized to execute bids pursuant to the resolution above referred to. Dated this' X of 20 1t/ kyLtic� Perry T. Kusakabe Corporate Secretary ? y e PALMS IFB #16-06 POOL CHEMICALS FOR PALM SPRINGS z. SWIM CENTER ADDENDUM NO. 1 C"T;IFORtdP This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Will the tanks have level indicators so that the driver can easily and safely see the level of the chemicals being delivered into the tank? A 1: Yes, the new tanks will have level indicators. Q 2: Will the new tanks have a fill line with a camlock connection? (This is the safest way to fill the tank) A 2: Yes, the new tanks will have a fill line with a camlock connection. BY ORDER ; O�QRDEERQOF THE CITY OF PALM SPRINGS, CALIFORNIA Procurement Specialist II DATE: March 7, 2016 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: In n;-., vt S P. 1 , Authorized Signature: Date: 3 z3 Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. ?4 LA4IFB #16-06 o� Q' POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER f • � •' ADDENDUM NO. 2 • Cq<<FORN\P This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City wants to reiterate that deliveries shall be F.O.B. Destination and that the City will NOT accept ANY additional add-on charges such as fuel surcharges, or any other special charge or fee of ANY kind added to an invoice other than State mandated chemical fees. h II and condition of the contract and an a This shall be a term a Y invoices with such fees s be rejected and not paid until such charges are removed and a corrected invoice submitted. BYY�ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA O"""`�N'1 `Aw Procurement Specialist II DATE: March 17, 2016 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: LA„" v, l t S Pr- 1 n z- . Authorized Signature: Date: 2, M 2 3 ) , Acknowledgment of Receipt of Addendum 2 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. BID SCHEDULE SUMMARY POOL CHEMICALS IFB 16-06 Chemicals $ Per Est. Gallon Per "EstimatedYearH drochloric Acid 15% $ �I + X 3,600 al/ rSodium H ochlorite 12.5% $ i., X 30,600 al/ r Annual Grand Total ou -zo 'f Clge rlr..IS nr� npPl; <c.b6 c- - -o LP.- rA.II �Fe� co rrent�� THIS IS A UNIT PRICE CONTRACT. PRICING FOR INITIAL 1 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial first (1) year of the Agreement term, the Unit Pricing shall remain fixed. For optional years 2, and 3 vendor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 2 and 3, plus any associated CPI increase, are at the mutual consent of the City and the Vendor. CHECK IF THE FOLLOWING STATEMENT APPLIES: (MANDATORY) My firm/company is a Local Business that has a properly licensed car wash facility located within the Palm Springs city limits. Copy of current business license from the City of Palm Springs is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your Bid. Failure to acknowledge the Addenda issued may result in your Bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s) # 1 2 is/are hereby acknowledged. (Signatures): Name of contractor submitting bid 1 ne_ Authorized signature Printedname Title n,t ( o c,-Z:HI Address ao'zot c, 2•�- �` City, State, Zip ILL -r- z— Telephone No: 12h3) Ob'7I- - 5 0 o 0 Fax No: �2 h 3 1 v,-77: - �+ E-mail m i ! w - wrS1 � u�..inruSn . ! c ✓r� Page 18 of 45 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH BID WnS �++n •+. STATE OF ) ) SS COUNTY OF R "rcrcGR&IOE ) The undersigned, being first duly sworn, deposes and says that he or she ism, .� of Nam:v.� u SA+ I the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or any other member or agent thereof to effectuate a collusive or sham bid. By: Title MKkl , t0,i COM1w�6+7+NI M�nnr�� Subscribed and sworn to before me this Oik day of MajtcL 201. J Not. Pubicin and for said County and State ftso .cP Page 19 of 45 CITY OF PALM SPRINGS POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER IFB 16-06 Information Required of Bidder NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT. Bidder is required to supply the following: 1. Contractor/Firm Name and Address L4 \ �yor SA- i,n L . - w z D a S '1-1 7--ti- V-c+ +-, t .j 0 r '1°b o 5 z- 2. Name and Title of person authorized to execute a contract for the firm: Sr)-` nHS:5,;� a('r y+tA . MNn" " On1 ( 0w "'t-'c /,I 3. Telephone Number: ep72 - 5000 (FAX)(-2- ��3 ) Oo 7-7- - 4. E-mail address: rn"n-, +ems. - wec-te LA .. . ^, LASu. e� 5. Type of Firm: _Individual _Partnership /corporation _Other 6. Corporation organized under the laws of the State of s 7. Business License No. ✓,o% - co-1 - +L,3 Expiration Date: 8. List at least five (5) current contracts/references which are similar to the requirements in this IFB. Contract$ Contract Account Name &Address Contact Person Amount Term 8\ Phone Number it i I,Y- a.rL,0o,3 iii I 1 91 .I6n (-4 — y-1"tci - .tea Ci+w� Pin crvF1 — I1.11 IX 1^ VOlH1a11 6 J^ . ' .S h.. I7M/S^ ✓1�77j f �\ot Ll/�J -f'flFr1 W*So,6bie.60 "15DI Pv �/D ox "not S V6r1L� S 71, tis - R-A - , [) [n/•.->I� L �i3o'3D (gaS) 2i�J S7 -7 -1 C.o-y� /!YI daSr OpD I /ri ] Dn. 6tn t_ van+f - iioo a . V 1n.;rrz- 7I\llt- \Nn/.110 P-,1 .� Lt r� �fr•at LA `1 050-1 15.2) S'70 e.*2o 200 i i3'I'v uje(; t' e.As:, 0/..:.1 �inh 11 - Jc1.s C-71 Page 20 of 45 9. List the name, title, and telephone of the person (Manager or Supervisor)who will supervise full-time the work of this Contract for your firm: /Vt.1 Tln�+-. �, n�15 ' — (2c'"3) 5`I2 - Soo o — (broco) 10. Number of years in this type of business: �12 (USE THE SPACE BELOW AND ADDITIONAL PAGES IF NECESSARY) Page 21 of 45 Univar 3075 � ' O Downers Grove,IL 515 200 VAR 425 889 3400 SAFETY DATA SHEET 1. Identification Product identifier: HYDROCHLORIC ACID SOLUTION 2%-37% Other means of identification SIDS number: 000100000003 Recommended use and restriction on use Recommended use: Reserved for industrial and professional use. Restrictions on use: Not known. Emergency telephone numbeffor emergency assistance Involving chemicals call CHEMTREC day or night at:1-800-424-9300.CHEMTREC INTERNATIONAL Tel#703-527-3887 2. Hazard(s)identification Hazard classification Health hazards Acute toxicity(Oral) Category 4 Acute toxicity (Dermal) Category 4 Skin corrosion/irritation Category 1A Serious eye damage/eye irritation Category 1 Label elements Hazard symbol y q� 1 Version: 1.2 41111111111� w Revision date: 12/15/2015 V U n I V R Signal word Danger Hazard statement Corrosive. Causes severe skin burns and eye damage. Harmful if swallowed or in contact with skin. May cause respiratory irritation. Precautionary statement Prevention Do not breathe dust or mists. Do not get in eyes,on skin, or on clothing. Wash thoroughly after handling. Wear protective gloves/protective clothing/eye protection/face protection. Response IF INHALED: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with waterfor several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. IF ON SKIN (or hair):Take off immediately all contaminated clothing. Rinse skin with water/shower. IF SWALLOWED:Call a POISON CENTER/doctor/if you feel unwell. Rinse mouth. Do NOT induce vomiting. Immediately call a POISON CENTER/doctor.Wash contaminated clothing before reuse. Storage Store in a closed container. Keep container tightly closed. Store in a well- ventilated place.Store in a dry place. Disposal Dispose of contents/container to an appropriate treatment and disposal facility in accordance with applicable laws and regulations, and product characteristics at time of disposal. Other hazards which do not None. result in GHS classification SDS US- 000100000003 2/12 Version: 1.2 w Revision date: 12/15/2015 V U 1�1 1 I v`,/\R� 3. Composition/information on ingredients Substances Chemical identity Common nameand synonyms CAS number Content in percent(%)* Water 7732-18-5 >=63 -<=98% Hydrochloric acid 7647-01-0 >=2 -<=37% * All concentrations are percent by weight unless ingredient is a gas. Gas concentrations are in percent by volume. 4. First-aid measures Ingestion: Do NOT induce vomiting. Never give liquid to an unconscious person. Get medical attention immediately. Inhalation: Move to fresh air. If breathing is difficult,give oxygen. Perform artificial respiration if breathing has stopped.Get medical attention immediately. Skin contact: Immediately flush with plenty of water for at least 15 minutes while removing contaminated clothing and shoes. Get medical attention immediately. Eye contact: If in eyes, hold eyes open,flood with water for at least 15 minutes and see a doctor. Most important symptoms/effects,acute and delayed Symptoms: No data available. Indication of immediate medical attention and special treatment needed Treatment: Symptoms may be delayed. 5. Fire-fighting measures General fire hazards: No unusual fire or explosion hazards noted. Suitable (and unsuitable)extinguishing media Suitable extinguishing Use fire-extinguishing media appropriate for surrounding materials. media: Unsuitable extinguishing No data available. media: Specific hazards arising from the During fire,gases hazardous to health may be formed. chemical: Special protective equipment and precautions for firefighters SDS US - 000100000003 3/12 Version: 1.2 +A Revision date: 12/15/2015 U V 1^1IVAR Special fire fighting No data available. procedures: Special protective equipment for Containers close to fire should be removed or cooled with water. fire-fighters: 6. Accidental release measures Personal precautions,protective Use personal protective equipment. Keep unauthorized personnel away. equipment and emergency procedures: Methods and material for Absorb spillage with non-combustible, absorbent material. Dike for later containment and cleaning up: disposal. Notification Procedures: Dike for later disposal. Prevent entry into waterways, sewer, basements or confined areas. Stop the flow of material, if this is without risk. Environmental precautions: Do not contaminate water sources or sewer. 7. Handling and storage Precautions for safe handling: Use personal protective equipment as required.Container must be kept tightly closed. Use only with adequate ventilation.Avoid breathing mists or vapors. Do not get in eyes,on skin,on clothing.Wash thoroughly after handling. Do not taste or swallow. Conditions for safe storage, Store locked up. including any incompatibilities: 8. Exposure controls/personal protection Control parameters Occupational exposure limits Chemical Identity Type Exposure Limit values Source Hydrochloric acid Ceiling 2 ppm US.ACGIH Threshold Limit Values(03 2013) Ceil_Tim 5 ppm 7 mg/m3 US. NIOSH: Pocket Guide to Chemical e Hazards(2010) Ceiling 5 ppm 7 mg/m3 US. OSHATable Z-1 Limits for Air Contaminants (29 CFR 1910.1000) (02 2006) Ceiling 5 ppm 7 mg/m3 US. OSHA Table Z-1-A(29 CFR 1910.1000) (1989) Ceiling 5 ppm 7 mg/m3 US.Tennessee, OELs.Occupational SDS US - 000100000003 4/12 Version: 1.2 A Revision date: 12/15/2015 V u 1'v/\R,, Exposure Limits,Table Z1A(06 2008) AN ESL 8.4 µg/m3 U5. Texas. Effects Screening Levels (Texas Commission on Environmental Quality) (02 2013) ST ESL 190 US. Texas. Effects Screening Levels µg/m3 (Texas Commission on Environmental Quality) (02 2013) AN ESL 5.7 ppb US. Texas. Effects Screening Levels (Texas Commission on Environmental Quality) (02 2013) ST ESL 130 ppb US.Texas. Effects Screening Levels (Texas Commission on Environmental Quality) (02 2013) Ceiling 5 ppm 7 mg/m3 US. California Code of Regulations, Title 8, Section 5155. Airborne Contaminants (02 2012) Appropriate engineering Adequate ventilation should be provided so that exposure limits are not controls exceeded. Individual protection measures,such as personal protective equipment General Information: Use personal protective equipment as required. Always observe good personal hygiene measures, such as washing after handling the material and before eating, drinking,and/or smoking. Routinely wash work clothing to remove contaminants. Discard contaminated footwear that cannot be cleaned. Practice good housekeeping. Provide eyewash station and safety shower. Eye/face protection: Wear safety glasses with side shields (or goggles)and a face shield. Skin protection Hand protection: Chemical resistant gloves. Other: Wear chemical-resistant gloves,footwear, and protective clothing appropriate for the risk of exposure. Contact health and safety professional or manufacturer for specific information. Respiratory protection: In case of inadequate ventilation use suitable respirator. Hygiene measures: Avoid contact with skin. Observe good industrial hygiene practices. Do not eat, drink or smoke when using the product. Wash hands after handling. Do not get in eyes.Wash contaminated clothing before reuse. Do not get this material in contact with skin.Wash hands before breaks and immediately after handling the product. SDS US - 000100000003 5/12 Version: 1.2 A Revision date: 12/15/2015 V n ivAR 9. Physical and chemical properties Physical state: Liquid Form: No data available. Color: No data available. Odor: No data available. Odor threshold: No data available. pH: 2 Melting point/freezing point: -34 - -15 °C Initial boiling point and boiling range: 60 - 105 °C Flash Point: No data available. Evaporation rate: No data available. Flammability(solid,gas): No data available. Upper/lower limit on flammability or explosive limits Flammability limit-upper(%): No data available. Flammability limit-lower(%): No data available. Explosive limit-upper(%): No data available. Explosive limit-lower(%): No data available. Vapor pressure: No data available. Vapor density: No data available. Relative density: 1 Solubility(ies) Solubility in water: No data available. Solubility(other): No data available. Partition coefficient(n-octanol/water): No data available. Auto-ignition temperature: No data available. Decomposition temperature: No data available. Viscosity: No data available. 10. Stability and reactivity Reactivity: No data available. SIDS LIS-000100000003 6/12 Version: 1.2 41111111111111 w Revision date: 12/15/2015 V u�1 1 iv/\R Chemical stability: Material is stable under normal conditions. Possibility of hazardous No data available. reactions: Conditions to avoid: Avoid heat or contamination. Incompatible materials: Oxidizers Hazardous decomposition No data available. products: 11. Toxicological information Symptoms related to the physical,chemical and toxicological characteristics Ingestion: No data available. Inhalation: No data available. Skin contact: No data available. Eye contact: No data available. Information on toxicological effects Acute toxicity(list all possible routes of exposure) Oral Product: ATEmix ():900 mg/kg Dermal Product: ATEmix (): 1,449 mg/kg Inhalation Product: No data available. Specified substance(s): Hydrochloric acid LC 50 (Rat, 1 h): 3,124 mg/I Repeated dose toxicity Product: No data available. Skin corrosion/irritation Product: No data available. Serious eye damage/eye irritation Product: No data available. Respiratory or skin sensitization Product: No data available. Carcinogenicity Product: No data available. SDS US-000100000003 7/12 Version: 1.2 w w Revision date: 12/15/2015 V U 1^1 iV/\Rs IARC Monographs on the Evaluation of Carcinogenic Risks to Humans: No carcinogenic components identified US. National Toxicology Program(NTP)Report on Carcinogens: No carcinogenic components identified US. OSHA Specifically Regulated Substances(29 CFR 1910.1001-3050): No carcinogenic components identified Germ cell mutagenicity In vitro Product: No data available. In vivo Product: No data available. Reproductive toxicity Product: No data available. Specific target organ toxicity-single exposure Product: No data available. Specific target organ toxicity-repeated exposure Product: No data available. Aspiration hazard Product: No data available. Other effects: No data available. 12. Ecological information Ecotoxicity: Acute hazards to the aquatic environment: Fish Product: No data available. Specified substance(s): Hydrochloric acid LC 50 (Western mosquitofish (Gambusia affinis), 24 h): 282 mg/I Mortality LC 50 (Western mosquitofish (Gambusia affinis),48 h): 282 mg/I Mortality LC 50(Western mosquitofish (Gambusia affinis), 96 h): 282 mg/I Mortality Aquatic Invertebrates Product: No data available. Specified substance(s): Hydrochloric acid LC 50(Green or European shore crab(Carcinus maenas), 48 h): 240 mg/I Mortality LC 50(Common shrimp,sand shrimp (Crangon crangon),48 h): 260 mg/I Mortality Chronic hazards to the aquatic environment: Fish SDS US- 000100000003 8/12 Version: l.2 4 w Revision date: 12/15/2015 V U1^1IV \R Product: No data available. Aquatic invertebrates Product: No data available. Toxicity to Aquatic Plants Product: No data available. Persistence and degradability Biodegradation Product: No data available. BOD/COD ratio Product: No data available. Bioaccumulative potential Bioconcentration factor(BCF) Product: No data available. Partition coefficient n-octanol/water(log Kow) Product: No data available. Mobility in soil: No data available. Known or predicted distribution to environmental compartments Water No data available. Hydrogen chloride No data available. Known or predicted distribution to environmental compartments Water No data available. 13. Disposal considerations Disposal instructions: Dispose of waste at an appropriate treatment and disposal facility in accordance with applicable laws and regulations,and product characteristics at time of disposal. Contaminated packaging: No data available. 14. Transport information DOT UN number: UN 1789 UN proper shipping name: Hydrochloric acid solution Transport hazard class(es) Class: 8 Label(s): 8 Packing group: II Marine Pollutant: Not regulated. Special precautions for user: — SDS US - 000100000003 9/12 Version: 1.2 w Revision date: 12/15/2015 V 1^1 iv \R`4 15. Regulatory information US federal regulationsUS.OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050) None present or none present in regulated quantities. CERCLA Hazardous Substance List(40 CFR 302.4): Hydrochloric acid Reportable quantity: 5000 lbs. Superfund amendments and reauthorization act of 1986(SARA) Hazard categories Not listed. SARA 302 Extremely hazardous substance Chemical identity RQ Threshold Planning Quantity Hydrochloric acid 5000 lbs. 500 lbs. SARA 304 Emergency release notification Chemical identity RQ Hydrochloric acid 5000 lbs. SARA 321/312 Hazardous chemical Chemical identity Threshold Planning Quantity Hydrochloric acid 500lbs SARA 313(TRI reporting) Reporting threshold for Reporting threshold for Chemical identity other users manufacturing and processing Hydrochloric acid 10000 lbs 25000 lbs. Clean Water Act Section 311 Hazardous Substances(40 CFR 117.3) Hydrochloric acid Reportable quantity: 5000 lbs. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130): Hydrochloric acid Threshold quantity: 15000lbs Hydrochloric acid Threshold quantity:5000 lbs US state regulations US.California Proposition 65 No ingredient regulated by CA Prop 65 present. US. New Jersey Worker and Community Right-to-Know Act Hydrochloric acid Listed US. Massachusetts RTK-Substance List Hydrochloric acid Listed US. Pennsylvania RTK-Hazardous Substances Hydrochloric acid Listed US. Rhode Island RTK Hydrochloric acid Listed SDS US- 000100000003 10/12 Version: 1.2 4011 A Revision date: 12/15/2015 v U 1^1IVAR' Inventory Status:Australia AICS: Not in compliance with the inventory. Canada DSL Inventory List: Not in compliance with the inventory. EU EINECS List: On or in compliance with the inventory EU ELINCS List: Not in compliance with the inventory. Japan (ENCS) List: Not in compliance with the inventory. EU No Longer Polymers List: Not in compliance with the inventory. China Inv. Existing Chemical Substances: Not in compliance with the inventory. Korea Existing Chemicals Inv. (KECI): Not in compliance with the inventory. Canada NDSL Inventory: Not in compliance with the inventory. Philippines PICCS: Not in compliance with the inventory. US TSCA Inventory: On or in compliance with the inventory New Zealand Inventory of Chemicals: Not in compliance with the inventory. Japan ISHL Listing: Not in compliance with the inventory. Japan Pharmacopoeia Listing: Not in compliance with the inventory. 16.0ther information, including date of preparation or last revision HMIS Hazard ID HealthB B-Safety Glasses&Gloves Flammability 0 1 PERSONAL PROTECTION B Hazard rating:0-Minimal; 1-Slight; 2-Moderate; 3-Serious;4-Severe; *Chronic health effect NFPA Hazard ID Flammability 1 Health Reactivity Special hazard. Hazard rating:0-Minimal; 1 -Slight;2 - Moderate;3-Serious;4-Severe Issue date: 12/15/2015 Revision date: No data available. Version#: 1.2 Further information: No data available. SIDS—US - 000100000003 11/12 Version: 1.2 A Revision date: 12/15/2015 V n lVARO SDS US-000100000003 12/12 COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) PAGE: 1 OF 8 SAFETY DATA SHEET This Safety Data Sheet conforms to ANSI Z400.5, and to the format requirements and the International Chemical Safety Cards of the Global Harmonizing System. THIS SDS COMPLIES WITH 29 CFR 1910.1200 (HAZARD COMMUNICATION STANDARD) IMPORTANT: Read this SDS before handling & disposing of this product. Pass this information on to employees, customers, & users of this product. SECTION 1. IDENTIFICATION OF THE SUBSTANCE OR MIXTURE AND OF THE SUPPLIER PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) SDS NUMBER: OX76685 NEW MSDS DATE: 07/22/2015 COMPANY IDENTITY: Univar COMPANY ADDRESS: 17425 NE Union Hill Road COMPANY CITY: Redmond, WA 98052 COMPANY PHONE: 1-425-889-3400 EMERGENCY PHONES: CHEMTREC: 1-800-424-9300 (USA) CANUTEC: 1-613-996-6666 (CANADA) SECTION 2. HAZARDS IDENTIFICATION DANGER! ! EXPOSURE PREVENTION: STRICT HYGIENE! AVOID ALL CONTACT! HAZARD STATEMENTS: < < > R35 Causes severe burns. Y R50 Very toxic to aquatic organisms. • PRECAUTIONARY STATEMENTS: S1/2 Keep locked up and out of the reach of children. S24/25 Avoid contact with skin and eyes. S36/37/39 Wear suitable protective clothing, gloves and eye/face protection. S26 In case of contact with eyes, rinse immediately with plenty of water and seek medical advice. S28 After contact with skin, wash immediately with plenty of water. S45 In case of accident, or if you feel unwell, seek medical advice immediately. (Show the label where possible). S61 Avoid release to the environment. Refer to special instructions/safety data sheet. SECTION 3. COMPOSITION/INFORMATION ON INGREDIENTS MATERIAL CAS# EINECS# WT % Water 7732-18-5 231-791-2 64-98 Sodium Hypochlorite 7681-52-9 - < 16 Sodium Hydroxide 1310-73-2 - <= 1.75 Trace components: Trace ingredients (if any) are present in < 1% concentration, (< 0.1% for potential carcinogens, reproductive toxins, respiratory tract mutagens, and sensitizers). None of the trace ingredients contribute significant additional hazards at the concentrations present in this product. All pertinent hazard information has been provided in this document, per the requirements of the Federal Occupational Safety and Health Administration Standard (29 CFR 1910.1200), U.S. State equivalents, and Canadian Hazardous Materials Identification System Standard (CPR 4). SEE SECTIONS 8, 11 & 12 FOR TOXICOLOGICAL INFORMATION. COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) PAGE: 2 OF 8 SECTION 4. FIRST AID MEASURES EYE CONTACT: If this product enters the eyes, open eyes while under gently running water. Use sufficient force to open eyelids. "Roll" eyes to expose more surface. Minimum flushing is for 15 minutes. Seek immediate medical attention. SKIN CONTACT: If the product contaminates the skin, immediately begin decontamination with running water. Minimum flushing is for 15 minutes. Remove contaminated clothing, taking care not to contaminate eyes. If skin becomes irritated and irritation persists, medical attention may be necessary. Wash contaminated clothing before reuse, discard contaminated shoes. INHALATION: After high vapor exposure, remove to fresh air. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. Keep person warm and at rest. breathing is difficult, give oxygen. If breathing has stopped, trained personnel should immediately begin artificial respiration. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway. Loosen tight clothing such as a collar, tie, belt or waistband. If the heart has stopped, trained personnel should immediately begin cardiopulmonary resuscitation (CPR) . Seek immediate medical attention. In case of inhalation of decomposition products in a fire, symptoms may be delayed.The exposed person may need to be kept under medical surveillance for 48 hours. SWALLOWING: If swallowed, CALL PHYSICIAN OR POISON CONTROL CENTER FOR MOST CURRENT INFORMATION. If professional advice is not available, give two glasses of water to drink. DO NOT INDUCE VOMITING. Never induce vomiting or give liquids to someone who is unconscious, having convulsions, or unable to swallow. Seek immediate medical attention. NOTES TO PHYSICIAN: There is no specific antidote. Treatment of overexposure should be directed at the control of symptoms and the clinical condition of the patient. Any material aspirated during vomiting may cause lung injury. Therefore, emesis should not be induced mechanically or pharmacologically. If it is considered necessary to evacuate the stomach contents, this should be done by means least likely to cause aspiration (such as: Gastric lavage after endotracheal intubation). Victims of chemical exposure must be taken for medical attention. Rescuers should be taken for medical attention, if necessary. Take a copy of label and SOS to physician or health professional with victim. SECTION 5. FIRE FIGHTING MEASURES FIRE & EXPLOSION PREVENTIVE MEASURES Not Applicable. EXTINGUISHING MEDIA Use dry powder, foam, carbon dioxide, water spray, halon, or any "ABC" Class extinguisher. SPECIAL FIRE FIGHTING PROCEDURES Water spray may be ineffective on fire but can protect fire-fighters & cool closed containers. Use fog nozzles if water is used. Do not enter confined fire-space without full bunker gear. (Helmet with face shield, bunker coats, gloves & rubber boots). Use NIOSH approved positive-pressure self-contained breathing apparatus. UNUSUAL EXPLOSION AND FIRE PROCEDURES Noncombustible. Isolate from reducers, acids, wood, organic materials, and most metals. Oxidizer fumes damage lungs. Symptoms may be delayed. Do not breathe fumes. COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) PAGE: 3 OF 8 SECTION 6. ACCIDENTAL RELEASE MEASURES SPILL AND LEAK RESPONSE AND ENVIRONMENTAL PRECAUTIONS: Uncontrolled releases should be responded to by trained personnel using pre-planned procedures. Proper protective equipment should be used. In case of a spill, clear the affected area, protect people, and respond with trained personnel. PERSONAL PROTECTIVE EQUIPMENT The proper personal protective equipment for incidental releases (such as: 1 Liter of the product released in a well-ventilated area), use impermeable gloves (triple-gloves (rubber gloves and nitrile gloves, over latex gloves), goggles, face shield, and appropriate body protection. In the event of a large release, use impermeable gloves, specific for the material handled, chemically resistant suit and boots, and hard hat. Self-Contained Breathing Apparatus or respirator may be required where engineering controls are not adequate or conditions for potential exposure exist. When respirators are required, select NIOSH/MSHA approved based on actual or potential airborne concentrations in accordance with latest OSHA and/or ANSI recommendations. ENVIRONMENTAL PRECAUTIONS: Stop spill at source. Construct temporary dikes of dirt, sand, or any appropriate readily available material to prevent spreading of the material. Close or cap valves and/or block or plug hole in leaking container and transfer to another container. Keep from entering storm sewers and ditches which lead to waterways, and if necessary, call the local fire or police department for immediate emergency assistance. CONTAINMENT AND CLEAN-UP MEASURES: Absorb spilled liquid with polypads or other suitable absorbent materials. If necessary, neutralize using suitable buffering material, (acid with soda ash or base with phosphoric acid), and test area with litmus paper to confirm neutralization. Clean up with non-combustible absorbent (such as: sand, soil, and so on). Shovel up and place all spill residue in suitable containers. dispose of at an appropriate waste disposal facility according to current applicable laws and regulations and product characteristics at time of disposal (see Section 13 - Disposal Considerations). SECTION 7. HANDLING AND STORAGE HANDLING Use only with adequate ventilation. Do not get in eyes, on skin or clothing. Wear OSHA Standard full face shield. Consult Safety Equipment Supplier. Wear goggles, face shield, gloves, apron & footwear impervious to material. Wash clothing before reuse. NEVER pour water into this substance. When dissolving or diluting, always add it slowly to the water. To minimize static discharge when transferring, ensure electrical continuity by bonding and grounding all equipment. Use an inlet line diameter of at least 3.5 inches (8.9 centimeters) with a maximum flow rate of 1 meter/second. STORAGE Keep separated from strong oxidants, strong acids, combustible & reducing substances, metals, food & feedstuffs. Keep cool. Keep dry. Keep in the dark. See: Section 10, <Materials to Avoid>. Do not store above 49 C/120 F. Keep container tightly closed & upright when not in use to prevent leakage. Wear full face shield, gloves & full protective clothing when opening or handling. When empty, drain completely, replace bungs securely. NONBULK: CONTAINERS: Store containers in a cool, dry location, away from direct sunlight, sources of intense heat, or where freezing is possible. Material should be stored in secondary containers or in a diked area, as appropriate. Store containers away from incompatible chemicals (see Section 10, Stability and Reactivity). Post warning and "NO SMOKING" signs in storage and use areas, as appropriate. Empty containers should be handled with care. Never store food, feed, or drinking water in containers which held this product. BULK CONTAINERS: All tanks and pipelines which contain this material must be labeled. Perform routine maintenance on tanks or pipelines which contain this product. Report all leaks immediately to the proper personnel. COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) PAGE: 4 OF 8 SECTION 7. HANDLING AND STORAGE (CONTINUED) TANK CAR SHIPMENTS: Tank cars carrying this product should be loaded and unloaded in strict accordance with tank-car manufacturer's recommendation and all established on-site safety procedures. Appropriate personal protective equipment must be used (see Section 8, Engineering Controls and Personal Protective Equipment.). All loading and unloading equipment must be inspected, prior to each use. Loading and unloading operations must be attended, at all times. Tank cares must be level, brakes must be set or wheels must be locked or blocked prior to loading or unloading. Tank car (for loading) or storage tanks (for unloading) must be verified to be correct for receiving this product and be properly prepared, prior to starting the transfer operations. Hoses must be verified to be in the correct positions, before startin transfer operations. A sample (if required) must be taken and verified (if required prior to starting transfer operations. All lines must be blown-down and purged before disconnecting them from the tank car or vessel. PROTECTIVE PRACTICES DURING MAINTENANCE OF CONTAMINATED EQUIPMENT: Follow practices indicated in Section 6 (Accidental Release Measures). Make certain application equipment is locked and tagged-out safely. Always use this product in areas where adequate ventilation is provided. Collect all rinsates and dispose of according to applicable Federal, State, or local procedures. SECTION 8. EXPOSURE CONTROLS/PERSONAL PROTECTION MATERIAL CAS# EINECS# TWA (OSHA) TLV (ACGIH) Water 7732-18-5 231-791-2 None Known None Known Sodium Hydroxide 1310-73-2 - 2 mg/m3 None Known Sodium Hypochlorite 7681-52-9 - None Known None Known MATERIAL CAS# EINECS# CEILING STEL(OSHA/ACGIH) HAP Sodium Hydroxide 1310-73-2 - 2 mg/m3 None Known No This product contains no EPA Hazardous Air Pollutants (HAP) in amounts > 0.1%. RESPIRATORY EXPOSURE CONTROLS Maintain airborne contaminant concentrations below exposure limits given above. If respiratory protection is needed, use only protection authorized in 29 CFR 1910.134, European Standard EN 149, or applicable State regulations. If adequate ventilation is not available or there is potential for airborne exposure above the exposure limits, a respirator may be worn up to the respirator exposure limitations, check with respirator equipment manufacturer's recommendations/limitations. For a higher level of protection, use positive pressure supplied air respiration protection or Self Contained Breathing Apparatus or if oxygen levels are below 19.5% or are unknown. EMERGENCY OR PLANNED ENTRY INTO UNKNOWN CONCENTRATIONS OR IOLH CONDITIONS Positive pressure, full-face piece Self Contained Breathing Apparatus; or positive pressure, full-face piece Salf Contained Breathing Apparatus with an auxilliary positive pressure Self Contained Breathing Apparatus. VENTILATION LOCAL EXHAUST: Necessary MECHANICAL (GENERAL): Necessary SPECIAL: None OTHER: None Please refer to ACGIH document, "Industrial Ventilation, A Manual of Recommended Practices", most recent edition, for details. EYE PROTECTION: Splash goggles or safety glasses. Face-shields are recommended when the operation can generate splashes, sprays or mists. HAND PROTECTION: Wear appropriate impervious gloves for routine industrial use. Use impervious gloves for spill response, as stated in Section 6 of this SDS (Accidental Release Measures). COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) PAGE: 5 OF 8 SECTION 8. EXPOSURE CONTROLS/PERSONAL PROTECTION (CONTINUED) NOTICE: The selection of a specific glove for a particular application and duration of use in a workplace should also take into account all relevant workplace factors such as, but not limited to: Other chemicals which may be handled, physical requirements (cut/puncture protection, dexterity, thermal protection), potential body reactions to glove materials, as well as the instructions/specifications provided by the glove supplier. BODY PROTECTION: Use body protection appropriate for task. Cover-all, rubber aprons, or chemical protective clothing made from impervious materials are generally acceptable, depending on the task. WORK & HYGIENIC PRACTICES: Provide readily accessible eye wash stations & safety showers. Wash at end of each workshift & before eating, smoking or using the toilet. Promptly remove clothing that becomes contaminated. Destroy contaminated leather articles. Launder or discard contaminated clothing. SECTION 9. PHYSICAL & CHEMICAL PROPERTIES APPEARANCE: Liquid, Clear, Yellow to Yellow-Green ODOR: Chlorine-like, Pungent ODOR THRESHOLD: 0.3 ppm (detection), for Chlorine pH (Neutrality): 12 - 14 (A Solution)_ MELTING POINT/FREEZING POINT: -27 C / -17 F BOILING RANGE (IBP,50%,Dry Point) : 140 C / 284 F FLASH POINT (TEST METHOD): Not Applicable EVAPORATION RATE (n-BUTYL ACETATE=1): Not Applicable FLAMMABILITY CLASSIFICATION: Non-Combustible LOWER FLAMMABLE LIMIT IN AIR (% by vol): Not Applicable UPPER FLAMMABLE LIMIT IN AIR (% by vol): Not Available VAPOR PRESSURE (mm of Hg)@20 C 12 (12.5% Solution) VAPOR DENSITY (air=1): 0.670 GRAVITY @ 68/68 F / 20/20 C: SPECIFIC GRAVITY (Water=l): 1.17 - 1.22 POUNDS/GALLON: 9.75 - 10.20 WATER SOLUBILITY: Complete PARTITION COEFFICIENT (n-Octane/Water): Not Available AUTO IGNITION TEMPERATURE: Not Applicable DECOMPOSITION TEMPERATURE: Not Available VOC'S (>0.44 Lbs/Sq In) 0.0 Val% /0.0 g/L / 0.000 Lbs/Gal TOTAL VOC'S (TVOC)*: 0.0 Vol% /0.0 g/L / 0.000 Lbs/Gal NONEXEMPT VOC'S (CVOC)*: 0.0 Val% /0.0 g/L / 0.000 Lbs/Gal HAZARDOUS AIR POLLUTANTS (HAPS) : 0.0 Wt% /0.0 g/L / 0.000 Lbs/Gal NONEXEMPT VOC PARTIAL PRESSURE (mm of Hg @ 20 C) 0.0 * Using California South Coast Air Quality Management District (SCAQMD) Rule 443.1. SECTION 10. STABILITY & REACTIVITY STABILITY Stable under normal conditions. CONDITIONS TO AVOID Isolate from extreme temperatures and incompatible chemicals. MATERIALS TO AVOID Reacts violently with fire extinguishers containing water. The substance is a strong base, reacts violently with acids and is corrosive. Decomposes on heating and on contact with strong acids, (such as sulfuric acid) producing, toxic & corrosive fumes including, chlorine, phosgene, & hydrogen chloride. The substance is a strong oxidant & reacts violently with combustible & reducing materials. Reacts with water generating sufficient heat to ignite combustible materials. Reacts violently with strong acids, causing fire & explosion hazard. Attacks many plastics, rubber, coatings, many metals, such as aluminum, zinc, tin, & lead. forming flammable/explosive gas (hydrogen). Reacts with ammonium salts to produce ammonia & causing fire hazard. Rapidly absorbs carbon dioxide & water from the air. COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) PAGE: 6 OF 8 SECTION 10. STABILITY & REACTIVITY (CONTINUED) HAZARDOUS DECOMPOSITION PRODUCTS Hydrogen Chloride, Phosgene, Sodium Oxide & Hydroxide from heating. HAZARDOUS POLYMERIZATION Will not occur. SECTION 11. TOXICOLOGICAL INFORMATION ACUTE HAZARDS EYE & SKIN CONTACT: Severe burns to skin, defatting, dermatitis. Severe burns to eyes, redness, tearing, blurred vision. Liquid can cause severe skin & eye burns. Wash thoroughly after handling. INHALATION: Severe respiratory tract irritation may occur. Vapor harmful. The applicable occupational exposure limit value should not be exceeded during any part of the working exposure. SWALLOWING: Harmful or fatal if swallowed. SUBCHRONIC HAZARDS/CONDITIONS AGGRAVATED CONDITIONS AGGRAVATED: Sodiumn Hypochlorite, a component of this product, is a sensitizer. Prolonged or repeated skin contact can result in the development of rashes, welts, and other allergy-like symptoms. CHRONIC HAZARDS CANCER, REPRODUCTIVE & OTHER CHRONIC HAZARDS: This product has no carcinogens listed by IARC, NTP, NIOSH, OSHA or ACGIH, as of this date, greater or equal to 0.1%. MUTAGENICITY: This product is not reported to produce mutagenic effects in humans. Human mutation data are available for Sodium Hypochlorite (a component of this product); these data were obtained during clinical studies involving specific tissues exposed to relatively high concentrations of this substance. Mutation data, obtained during clinical studies on test animal tissues or micro-organisms are available for Potassium Hydroxide. EMBRYOTOXICITY: This product is not reported to produce embryotoxic effects in humans. TERATOGENICITY: This product is not reported to produce teratogenic effects in humans. REPRODUCTIVE TOXICITY: This product is not reported to cause reproductive effects in humans. A mutaeen is a chemical which causes permanent changes to genetic material (DNA) such that the changes will propagate through generational lines. An embryotoxin is a chemical which causes damage to a developing embryo (such as: within the eight weeks of pregnancy in humans), but the damage does not propagate across generational lines. A teratogen is a chemical which causes damage to a developing fetus, but the damage does not propagate across generational lines. A reproductive toxin is any substance which interferes in any way with the reproductive process. MAMMALIAN TOXICITY INFORMATION SODIUM HYDROXIDE: Eye irritancy (monkey) : 1%, 24 hours (severe) Eye irritancy (rabbit) : 500 ml, 24 hours (severe) Eye irritancy (rabbit) : 1% solution (severe) Eye irritancy (rabbit) : 1 mg, 24 hours (severe) Cytogenic analysis system (grasshopper parenteral): 20 mg LD50 (interperoneal, mouse): 40 mg/kg LDLo (oral, rabbit): 500 mg/kg COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: Liquichlor 10-16% (Sodium Hypochlorite 10-16%) PAGE: 7 OF 8 SECTION 11. TOXICOLOGICAL INFORMATION (CONTINUED) MAMMALIAN TOXICITY INFORMATION (CONTINUED) SODIUM HYPOCHLORITE: Eye effects (Adult Rabbit): Moderate irritation effects Microsomal Mutageniticity Assay (Salmonella typhimunium) : 1 mg/plate Cytogenetic Analysis (Human) : Lymphocyte, 100 ppm/24 hours. TDLO, Oral (Woman): 1 g/kg, Central nervous system effects, blood pressure effects TDLo, Intravenous (Man): 45 mg/kg, Pulmonary system , LD50 (Oral, Mouse): 5800 mg/kg SECTION 12. ECOLOGICAL INFORMATION ALL WORK PRACTICES MUST BE AIMED AT ELIMINATING ENVIRONMENTAL CONTAMINATION. EFFECT OF MATERIAL ON PLANTS OR ANIMALS: This product may be harmful or fatal to plant and animal life if released into the environment. Refer to Section 11 (Toxicological Information) for further data on the effects of this product's components on test animals. EFFECT OF MATERIAL ON AQUATIC LIFE: LC50 (Bluegill sunfish): 2.90 mg/L/96 hours LC50 (Pimephales promelas): 1.40 mg/L/96 hours LC50 (Oncorhynchus mykiss): 0.90 mg/L/0.5 hours The substance is toxic to aquatic organisms. The substance may be hazardous in the environment. Special attention should be given to water organisms. MOBILITY IN SOIL Mobility of this material has not been determined. DEGRADABILITY This product is completely biodegradable. ACCUMULATION Bioaccumulation of this product has not been determined. SECTION 13. DISPOSAL CONSIDERATIONS Processing, use or contamination may change the waste management options. Recycle / dispose of observing national, regional, state, provincial and local health, safety & pollution laws. If in doubt, contact appropriate agencies. SECTION 14. TRANSPORT INFORMATION IF > 625 LB / 284 KG OF THIS PRODUCT IN 1 CONTAINER, IT EXCEEDS THE "RQ" OF SODIUM HYPOCHLORITE. DOT SHIPPING NAME: UN1791, Hypochlorite Solutions, 8, PG-III DRUM LABEL: (CORROSIVE) EMERGENCY RESPONSE GUIDEBOOK NUMBER: 154 COMPANY IDENTITY: Univar DATE: 07/22/15 PRODUCT IDENTITY: OX76685 PAGE: 8 OF 8 SECTION 15. REGULATORY INFORMATION EPA REGULATION: SARA SECTION 311/312 HAZARDS: Acute Health All components of this product are on the TSCA list. This material contains no known products restricted under SARA Title III, Section 313 in amounts greater or equal to 1%. SARA TITLE III INGREDIENTS CAS# EINECS# WT% (REG.SECTION) RQ(LBS) Sodium Hypochlorite 7681-52-9 - < 16 (311,312) 100 Sodium Hydroxide 1310-73-2 - <= 1.75 (311,312) 1000 > 625 LB / 284 KG OF THIS PRODUCT IN 1 CONTAINER EXCEEDS THE 'RQ" OF SODIUM HYPOCHLORITE. Any release equal to or exceeding the RQ must be reported to the National Response Center (800-424-8802) and appropriate state and local regulatory agencies as described in 40 CFR 302.6 and 40 CFR 355.40 respectively. Failure to report may result in substantial civil and criminal penalties. State & local regulations may be more restrictive than federal regulations. STATE REGULATIONS: CALIFORNIA PROPOSITION 65: This product contains no chemicals known to the State of California to cause cancer & reproductive toxicity. U.S. STATE REGULATED COMPONENTS: (HAZARDOUS SUBSTANCE LISTS): :OMPONENT AK CA FL IL KS MA MI MN Sodium Hypochlorite No No No Yes No No No No Sodium Hydroxide Yes Yes Yes Yes Yes Yes Yes Yes :OMPONENT MO NJ ND PA RI TX WV WI Sodium Hypochlorite No Yes Yes No No No No No Sodium Hydroxide Yes Yes Yes Yes Yes Yes Yes Yes INTERNATIONAL REGULATIONS The components of this product are listed on the chemical inventories of the following countries: Australia (AICS), Canada (DSL, NDSL) China (IECSC), Europe (EINECS, ELINCS), Japan (METI/CSCL, MHLW/ISHL), South Korea (KECI), New Zealand (NZIOC), Philippines (PICCS), Switzerland (SWISS), Taiwan (NECSI), USA (TSCA) . CANADA: WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS) C: Oxidizing Material. D2B: Irritating to skin / eyes. E: Corrosive Material. SECTION 16. OTHER INFORMATION HAZARD RATINGS: HEALTH (NFPA): 3, HEALTH (HMIs) : 3, FLAMMABILITY: 0, REACTIVITY: 1 (Personal Protection Rating to be supplied by user based on use conditions.) This information is intended solely for the use of individuals trained in the NFPA & HMIS hazard rating systems. EMPLOYEE TRAINING See Section 2 for Risk & Safety Statements. Employees should be made aware of all hazards of this material (as stated in this SDS) before handling it. Notice ORCPP Notice ORCPP Bid/RFP Salem, City of(ORCPP) Dense Soda Ash Only Manual Bids Allowed Page 1 of 2 Issued By Notice# Salem,City of(ORCPP) KS0043-167014-16 555 Liberty St.BE,Room 330 Salem,OR 97301 Publish Date&Time 0312112016 11:16 AM Contact: Lindsey Bergerson Phone: 1 (503)588-6093 Closing Date&Time Fax: 0412012016 11:00:00 AM Email: libergerson@dtyofsalem.net Time Zone Pacific Time Issued For All dates are mm/dd/yyyy Salem,City of(ORCPP) 555 Liberty St.BE,Room 330 Salem,OR 97301 Attachments Do Not Exist Organization Attachments Do Not Exist Documents for Purchase Do Not Exist Company Name Address _ City State Zip Code Contact Name Phone Fax Email FID (Federal Business Number) Resident Bidder Flyes F_1No FID (Do not enter SSN) Offerer Comments Notice Summary CITY OF SALEM, OREGON - CONTRACTS & PROCUREMENT DIVISION INVITATION TO BID - DENSE SODA ASH The City of Salem ("City") will receive sealed bids at the Contracts & Procurement Division, Office of the Contracts & Procurement Manager, Room 330, 555 Liberty Street SE, City Hall, Salem, Oregon 97301, until, but not after 11:00 a.m. (LOCAL TIME) , APRIL 20, 2016, at which time said bids will be publicly opened and read in the Public Works Conference Room 325, City Hall, for the project described below and specified within the solicitation documents. Contracts and Procurement Division office hours are Monday-Friday from 8:00-12:00 Noon and from 1:00-5:00 PM. xx+x++xxxx++x+++++++++++++++++x++NOTICE******+++++++++xxx+xxxxxxxxxxxxxx+x+ VENDORS interested in bidding on this project may receive one copy of the bid documents at the Contracts & Procurement Division, Office of the Contracts and Procurement Manager, 555 Liberty Street SE, Room 330, Salem, Oregon 97301, telephone (503) 586-6136 or by submitting a request to www.cityofsalem.net/BidRequest. Bid Documents for this project may be reviewed at this office until the closing date and time. 1821759 03/21/2016 11:07 AM ORCPP Notice ORCPP Bid/RFP Salem, City of(ORCPP) Dense Soda Ash Only Manual Bids Allowed Notice#: KS0043.167014-16 Page 2 of 2 x+++xxx+xxx+xx++xx+.xxxxxxxx+xx+xxxxxxxxxxxxxxxxxxxxxxxxxx++x+++++xxx++++x+x Bids must be submitted on the bid forms furnished by the City. Bids shall be submitted in a sealed envelope plainly marked "BID ON DENSE SODA ASH - BI❑ NO. 167014" and show the name and business address of the bidder. The City reserves the right to cancel this procurement or reject any or all bids, when the cancellation or rejection is in the best interest of the City. Prices quoted shall be firm offers, irrevocable, valid and binding for a period of thirty (30) calendar days after the closing date. The attention of bidders is directed to the provisions of Chapter 97, Salem Revised Code, concerning unlawful employment practices. Violation of such provisions shall be grounds for immediate termination of this contract without recourse by the Successful Bidder. Successful bidders and subcontractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work. The City Council of the City has approved Salem Revised Code (SRC) 2.380(b) , which provides for Contractor Disclosure requirements in City contracts. Ali bidders submitting a bid in response to this Invitation to Bid are encouraged to review these requirements when preparing their competitive bid. The City is an Equal Employment Opportunity Employer. The City will provide ADA accommodations upon request to the Contracts & Procurement Administrator. HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. The City's complete Title VI Plan may be viewed at www.cityofsalem.net. Successful bidder agrees to comply with all applicable requirements of federal, state and local civil rights and rehabilitation statutes, rules and regulations if awarded a contract by the City. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Successful bidder for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Successful bidder of the Successful Bidder's obligations under this contract, Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. The City Buyer for this bid is Lindsey Bergerson, Phone: 503-589-6093. Email: libergerson@cityofsalem.net Delivery Requirements Payment Terms Net 30 Payment Term Comments FOB (Not Applicable) Delivery Comments 1821759 - -`.03/21/2016 11:07 AM CITY OF PALM SPRINGS INVITATION FOR BIDS NO. 16-06 FOR POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER THIS INVITATION FOR BIDS CONSISTS OF THE FOLLOWING: PAGE COVERSHEET.......................................................................................................................... 1 NOTICEINVITING BIDS ............................................................................................................2 BIDDER'S CHECK LIST.............................................................................................................3 TERMS & CONDITIONS.........................................................................................................4-6 SCOPE OF SERVICES, REQUIREMENTS, COMPENSATION, PERFORMANCE....................7 ATTACHMENT "A"TANK SPECIFICATIONS .......................................................................8-14 ATTACHMENT "B"TANK STORAGE FACILITY PHOTOS ................................................. 15-17 BID PRICING PAGES (MUST BE MANUALLY SIGNED)......................................................... 18 NON-COLUSSION AFFIDAVIT...................................................................................19 BIDDER'S GENERAL INFORMATION AND REFERENCE LIST........................................ 20-21 SAMPLE CONTRACT AGREEMENT..................................................................................22-45 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. STREET ADDRESS: City of Palm Springs Procurement & Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 DATE DUE: March 31, 2016 TIME DUE: 3:00 P.M., Local Time PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY AND THEREFORE IS NOT ABLE TO ACCEPT TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAYS (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAL/BID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. Page 1 of45 NOTICE INVITING BIDS CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS (IFB) 16-06 NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified vendors to provide: POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER SCOPE OF WORK: The City of Palm Springs offers a public swimming pool to local and visiting patrons to utilize for recreational as well as organized swimming sports and activities. The City is in need of a chemical pool supplier to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% into city-owned tanks located at the Palm Springs Swim Center 405 S. Pavilion Way, in the Sunrise Plaza complex, immediately adjacent to the Leisure Center. DUE DATE AND TIME: Bids will be received until 3:00 P.M., March 31, 2016 at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered or mailed to: City of Palm Springs, Procurement and Contracting Division at the address above. The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. Availability of Documents: Bid Documents and Specifications be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8374. Upon downloading the IFB via the internet, contact Leigh Gileno via email at Leigh.Gilenoaa palmspringsca.gov to register for this specific Proiect and your desire to receive any Addenda issued. Please provide your company name, contact person, contact email address, office address, office phone, and office fax. Failure to register may result in not receiving Addenda to the IFB. Failure to acknowledge Addenda issued may result in your bid to be found non-responsive. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of all Bids. Telegraphic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Prevailing Wage Rates are not applicable. Sincerely, Leigh Gileno Procurement Specialist II City of Palm Springs, CA PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY AND THEREFORE IS NOT ABLE TO ACCEPT TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAYS (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAUBID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. Page 2 of 45 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 16-06 BIDDER'S CHECK LIST I GENERAL INSTRUCTIONS TO BIDDERS: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation to Bid only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after the Bid opening time and date, but prior to Award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE. II REQUIRED DOCUMENTS FOR BID SUBMITTAL: BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN 'X'ARE REQUIRED. X Bid Schedule Pricing, Page 18, must be manually signed. X Erasures or other changes made to the Bid Bid/Pricing Page must be initialed by the person signing the Bid. X Affidavit of Non-Collusion by Contractor form, Page 19, must be notarized and signed by a Notary Public. X Information Required of Bidders, including reference information, Pages 20-21, must be completed. X All Addenda issued shall be acknowledged in the space provided on the Bid Pricing page 18 or by manually signing the Addenda sheet and submitting it prior to the Bid Opening Time and Date. Page 3 of 45 CITY OF PALM SPRINGS TERMS AND CONDITIONS 1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and date of opening. 2. Bids submitted may be withdrawn by written request received before the hour set for the opening. After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no time after award of Bid. 3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder or to reject all bids, as it may best serve the interests of the City. Furthermore, the City reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. 4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid, as it may best serve the interests of the City. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations in the bid documents and to complete the Work contemplated therein. 5. The decision of the Palm Springs City Council, or their designee if applicable, will be final. It is anticipated that City Council, or designee if applicable, will award the bid at their regularly scheduled meeting following the closing date for receipt of bids. 6. Bidder's signed bid and fully executed contract services agreement shall constitute an agreement. 7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the pages which make up this Invitation For Bid. 8. The price quoted by the Bidder in his/her bid shall include any and all applicable sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress. 9. Bidders may submit only ONE (1) bid in response to this IFB. You many NOT submit multiple bids. 10. When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 11. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public. 12. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a Notice of Award letter and Agreement will be sent to the successful Bidder for execution and return. The successful Bidder shall provide all Certificates of Insurance, within fourteen (14) calendar days. Page 4 of 45 13, The Bidder agrees that the City has the right to make the final determination as to whether the material/equipment has been satisfactorily delivered, operable and meets acceptance criteria as defined in the Bid documents. 14. Performance: Time is of the essence in the performance of the work. Performance schedule may be a factor in award of bid and may be cause for rejection, as determined by the City. 15. Termination for Default: The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price, If, after notice of termination of this contract under the provisions of this clause, it's determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 16. Termination for Convenience: The City may, by written notice stating the extent and effective date terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 17. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 18. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 19. Payment Terms: The standard terms at the City of Palm Springs are Net 30 days. 20. Local Preference: Pursuant to the City of Palm Springs Local Preference Ordinance 1756, the term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or bid opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in Ordinance No. 1756, the City may give a preference to Local Businesses in making such purchase or Page 5 of 45 awarding such contract in an amount not to exceed five (5%) percent of the Local Business' total bid price, or $15,000, whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the Solicitation. In order for a Local Business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see cost proposal pages) and provide a copy of its current business license from a jurisdiction in the Coachella Valley. 21. Questions: Bidders are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this IFB other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a Bid. Any questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted IN WRITING and directed ONLY to: Leigh Gileno Procurement Specialist II City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92263-2743. Email: Leigh.Gileno@palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB. The deadline for all questions is 3:00 P.M., Local Time, March 17, 2016. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 22. It is understood that the services offered by the Bidder will meet all requirements of the specifications in this Invitation unless deviations therefrom are clearly indicated in an attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. The City of Palm Springs will be the sole judge as to whether any deviations or exceptions will be approved or accepted. Page 6 of 45 CITY OF PALM SPRINGS, CALIFORNIA SCOPE OF WORK, SPECIFICATIONS, AND SPECIAL CONDITIONS INVITATION FOR BIDS NO. 16-06 FOR POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER 1. SCOPE OF WORK: Purpose: The City of Palm Springs is seeking qualified vendors to provide pool chemicals for Palm Springs public swim center as outlined in the scope of work. Background: The City of Palm Springs maintains a community recreation center that includes a swimming pool for public use. The swimming pool is maintained by utilizing Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals. The City has recently purchased its own chemical tanks and is now in need of an outside vendor to provide the necessary chemicals to maintain its public swimming pool. It is the intent of this specification to secure a contract for a supplier to provide the necessary pool chemicals to maintain the proper PH balance sanitary conditions of the pool. Scope of Work: The intent of this Invitation for Bids is to solicit sealed bids from qualified vendors to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% chemicals on a monthly basis as needed. The vendor shall furnish all chemicals, labor, necessary equipment, and any tools required to perform the services to deliver said pool chemicals as set forth in this specification and in keeping with the highest standards of quality and performance. The City has purchased a new 1000 Gallon Opaque HDPE Heavy Duty Double Wall Storage tank to store the 12.5% Sodium Hypochlorite and a new 500 Gallon HDPE Heavy Duty Double Wall Storage tank to store the 15% Hydrochloric Acid (See Attachment A for tank specifications). The current tanks are stored outside in an enclosed block wall space with a semi enclosed canvas covering (See Attachment B for photographs of enclosed space and conditions). The new tanks shall be installed by the City prior to the first delivery. Work will be executed under the direction of the Parks Maintenance Supervisor on an as needed basis depending on the quantities needed for each delivery. The swim center uses approximately 3600 gallons of Hydrochloric Acid 15% each year and 30,600 gallons of Sodium Hypochlorite 12.5% per year. These gallons are estimated based on 2015 usage information. The City cannot guarantee a minimum usage quantity. This quantity is an estimate only: actual usage may be substantially higher or lower based on swim center usage. Deliveries shall be F.O.B. destination, with no added charges (e.g, delivery, expedite, environmental, overnight, fuel surcharge, etc). Handling and delivery of all materials must comply with all local, State and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing. Distinguishable uniforms must be worn at all times, with company name clearly displayed, while on City sites. Page 7 of 45 ATTACHMENT "A" Specifications for 500 and 1000 gallon tanks pages 8-14 500 Gallon Tank for Hydrochloric Acid 15% DW0500-57 DOUBLE WALL TANK STANDARD COMPONENTS —10528 16' VENTED LID I RW0500-57-1 INNER OR TANK ANK E i 14213 EPDM SEAL SNNDARYTANKR O r NH�PCNSf3 P�ACESING y , FITTIN F��AT�+� (FITTING IS PTI&AQ i" SERVICE FITTING Page 8 of 45 C E N HART3C, INDUST RI;S, [MC 1 •o Q,:66tl �, e21aD 16 ua`� 1 t Lo• ya Do PO ii IL PD z• RD15 R100 fi O0 P'3o0 ICI 16 7-I O'SU 11 III o I6 a: I-� ( SC++tC At[1 10 I C+086 . ➢G lS n � _ f d tI±IG OP llpwaLV 66 75 08.00B.0 f (60.3 i 0300 W5%5 42 25 59 DO 11 S IfS rII 1 CCIAIL B Iv0 S(ALE 785 saon - -� AOH2il auc Den BN 11Y/,< 40, e..�. N D U 8 1 P[M 6llt+: xMs« PI 1[SE SNlll ! 1 At[ I ' 11 YYW lL UXf wn ltD I'GiOM 1. . ne5 �1 1 :nm.[Gn' 130 LB, Q'(S tCa IIOCMM LPIV(i 9, If i(PIGODY rr rr�rwn S f u SvF xc vna,l )0"t60 won WALL SOD GALLON DUAL LINE L zpef•f rra e v.. +i state P'alvl+,D a ib +.I PATENT P.NG01� (J.S. k D4JGSOO-` Page 9 of 45 Q DEN HARTOG INDUSTRIES, IN' I q S'1 OR 253 GO no 14231 LABEL IC35I LABEL PO aI DUAWNE NEDAN" BAl?CODE- y r ! V.231 LABEL 2•s12rW5OPTIONAL PA,I!,! PEBm! 1452R IAB�i 0OO5BL -SPEb'i(GDaV!ii' 1O353 EABEi P6 90 ✓d51Y I:.BEI muisxs -invmlrnur ;els I I 660 H0.31 -� p A ,mna 1.0G Pill OEIAII A f 6G UAI(78 R2OO 1200 326 "7 --�60C- -- 5300 1nO13r •.� "'B5 I,WFIV5 RE"6!ii`.Y i © m6.err �.r.... b At ( 1 G!cv 1 9 A [ N 1 aN N]F:in "CH, f N([ [ U Fw5C5 I�LLI /1 LB$ iL= 1. 5OB CALL[1W Gbhl UNETM TAI 7 ��,_ '--�,f 4f• .0 i f iet[ � eJPe7[rrt fBAc1!j Page 10 of 45 (r;JF,I! FIART�G IN�UST3ic c. INC. STANDARD TANK ASSEMBLY TANd A.SSEMBI-f WI(H OPTIONAL 2" FIT1AG �GNa`.ga-9-t g a l s OU� Fl WnG Ftt75�111A1✓k'e� Faf UIRip:S o`e na 7- --7 : 1s?;•Nn Ste A ; �.,ii Om t;fl E it i 1 f 9il � f f It 1 ,,rorG r 1 r lr,2 F Htl',(I All,,IAM1 i Den I fE I ND U S ' FEI1 1,It a..•wa..r rn•• lyEa f.:5 fA4 VI ♦� P "� - L U[`55. r r'.;L rve � a ..,rfv INeYI n[f(uH (NQIII SOG GALLO GOAL _f it P :H . C !' , pat SS tUR Ati 1ztlGzeJ QGr. L]5 � ;:o•r rw; -'J ur1 ik1E.?%l00hli Page 11 of 45 ATTACMENT "A" CONTINUED 1000 Gallon Tank for Sodium Hypochlorite 12.5% U N HAkTOG:NCIUSTR ES INC 00 L— �,., t6 LID U528 %b f 4M 0' me na> i e • 221ca i Is L45 e.�cll I::; i I Iy _r 61 pp E111CIG OPi10NA[ ( ]e00 mBoO BE 7300 030", 0J75k5 A 9 R2 00 @ 00 0 hh Gd DR AIL A SCALE_)6 I E Sv'u HnI EI�AL -- -- I A0110 61 I: Den I 1 rrP 51 r� o u s PEN BTU - ? L 5 i 1 UC['HAL IIOIfS �� u rv, 0 Vi:J O LOS L C f ( l A :C SOEEIEIEd IIA3 N„11 Hp I ri T�,rE :flu rein[ ry-., :vn,µgill OGO CL LO Dtx� l�f T lJ o[onAE in "��---''"�, z52 "'I ERtR Pv v<- �•.1� x.n r Vn rt 11 PEN" I"OBE r Page 12 of 45 C DEN HARTDG!NDUSTRIES, IIJ(. PRELIMINARY `1 350 r 't — t0• t ' I r 1 ta„ \ / l �1 f' li., _�"—"-_-• oaevrai ocr¢ narznuT I ADH 10I1611? Den _— -1 %YXX w.�•«..a..a .r�.on It SC IGTOv pY P.if ((x L 1. !ri E 1F1�R dplS ;npYIf" vr, ��..,�-� i0!!np5FLP50filEc BI TLt.PIFCCS f1 E 0 Rps UW +:n•f 5 IxCARlP 7.4 ""'t 000 3A(LLON!1 4 DOUBT: TA L 11,71( 7 N" Page 13 of45 ��') DEN WpRTo6 IraUUS,uIES INC. STANUARO TANK ASSEMBLY ?ANN ASSEMBLY WITH R s Olt, rrr, 1e OPTIONAL FITTING { TOPU'UTIES DYi IM-1 1 I I � I 1421; [AhF,S[At I 1c'Nl TON S -,t 0131 v Ca n _ _,1 I I V2'UFT I HTTII H Il lli lry R0.A8LF ' NUJ I"i2 r❑iIIiL BaG ` eS,'. Iv t'Comvm i 'dit n I NE 1011 V7, 11 Den n6 u. `+E'i+0%E I I N D U 5 n� PUT BIZ?/,G 40, i OES[f Hipp Oi/D:1[ CCN �R�W 41mw 1 pM[r YY. R 1D lw l IN[F(5 ov n Sk01 H[pnl p 1 49e)rypyl EA R(✓iVE i 61 49tVft 0 f5 Ot (P4a PfC((0 Lf'1�V➢tix I rcnlvLCn rna_ :x�w c�uaxT IIR PFiF tnE mr. 1rv[nl tOCC GALLJN tjLAL 'INE^" 7 ria(3 Wv IfUn I I15� �� �_ I 51AYlDAP07522 a,D5 PP N'5FOlE DE a15 Fll zr qpv v- TAT S(�t[ L.in eU alrn,ela PEeo r, p�.5- r,w7900-71 Page 14 of 45 Attachment "B" Aerial View of Tank Storage Facility 101 RED OUTLINE IS ACID ROOM 15ft X 15ft YELLOW OUTLINE IS CHLORINE ROOM 27ft x27ft. CHLORINE ROOM ALSO HOUSES BACKWASH FILTERS AND HEATERS Page 15 of 45 Current Tanks will & replaced with the "Ne 7c Qmk Chemical mw by City Staff priore first delivery. � A■�\ \ ��\ m,a a_ �K 6«. . . \\\ w» — \ Page ,a_ EXHIBIT A (SAMPLE) CONTRACT SERVICES AGREEMENT IFB 16-06 POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on , 201_, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and [INSERT FULL NAME OF CONTRACTOR, FIRM, OR COMPANY], a [INSERT TYPE OF ENTITY, E.G., A CALIFORNIA CORPORATION, A LIMITED LIABILITY COMPANY, ETC.] ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for a chemical pool supplier to supply and deliver Hydrochloric Acid 15% and Sodium Hypochlorite 12.5% into city-owned tanks services project("Project'). B. Contractor has submitted to City a proposal to provide Hydrochloric Acid 15% and Sodium Hypochlorite 12.5%to City for the Project under the terms of this Agreement. C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Contractor to provide such contract services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced contracts performing similar work under similar circumstances. Page 22 of 45 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits 'B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1")the provisions of the Scope of Services (Exhibit "A"); (2"d)the provisions of the City's Request for Proposal (Exhibit `B"); (3`d) the terms of this Agreement; and, (41") the provisions of the Contractor's Proposal (Exhibit "C„). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor(a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, Page 23 of 45 documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of[INSERT NOT TO EXCEED CONTRACT AMOUNT] Dollars, ($ ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit"D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time- consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. Page 24 of 45 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work,when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted) if Contractor, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Page 25 of 45 Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed One (1) year from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agr eement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty(60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: [INSERT NAME], tINSERT TITLE]. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any Page 26 of 45 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. Page 27 of 45 C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. (WAIVED, not applicable). CantFaete industfy feFfn eentfaet liability (efFers and emissions) in . an amount of not 1ess thaR ill'en dollars ($1 nnn nnn nn) peF a .....J ..,♦ e FAil'i en ,Je ....ll. e (1) t, atfaeeteer shall either. (a) e.eFtify in ..:tillg tee the Ghee t6..t a 'a' L he � ed 1: :tee of the, ak shall apply separate!y tee elaiffis (2) if the r 1' ) F insufanee is .line... o �eelainis made" basis, the POKO�' Shall be effltifil iffl- 41111 f-Offg-A- aild effeet at all times during the term of!his AgreerAefit, hereunder. 1H the ffeflt E)f tfffflinatien 4 the pelie), during this peFied, Gentfaetar shall obtain Page 28 of 45 r.....:«,. ca_. • ae_ tr.e te....... r this A gFeeniant The eeverage shall be evideneed by perxox u�nxSom�iceS ¢ixxxm nm cm nxo vx cxxxo xcs�wuxmx S by (3) in the event the olio., of insurafflee is .ate« An an "Oeeurfefjee" basis, the pelie), shall he eentin-Hed- in fi111 fi�Fee and e4iept Airing the term ef this AgFeement, or A efee«.,.«t B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of$10,000, and the City Manager or his/her designee may require Page 29 of 45 evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement: 5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided Page 30 of 45 in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class Page 31 of 45 VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: I. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract Na" or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. Page 32 of 45 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Desien Contract Services Indemnification and Reimbursement. (WAIVED, not applicable). TF h Affeeffiefit is + + 44 1 ",Tagreement" and Centray,teF is a "AeentFaet" ndeF Gali fe is Giyil Cede Se n 2782 Q then tt. T F..o the llest extent n .....:tted h., WA' l�o..traetnr Shall indemn:6.' nn !` tore aole ,.net and expense), reteet and hell harmless City and its elected nFRelala PFE�eet : re,J (indiyidua11. "Indemnified Dart ,"; ealleetiyeh. "Indemna:ed Da«Nes") a nSany t and all liabilities ela:mn judgments, arbitrage., n nfds settlements costs, demands orders ,l penalties (eelleeti. el., "C ") ineluding but not limited to ClaifliS aFiSing f«am ifiJuries ef out F PeFtain to 6F RFA aletaA to the flenl:genee, aLle 'IIF:.1 ffliseeRduct of GenlraE40F, its agents, No bt eta f n CA114 ata c n. ee . e n r .. vb..ge , eelde.... Of :IIA.I eFf«manee of o« Fa:1..«e to . I rm , term, f ••ant _ een,1' F h' A ("Ifi a /'1Aed Claims"), bUt ontr nter'n Ilnbllity Fe Tnpe ni fied mlI1C 1 a F the Git. d its leete,l FQeiala fAeerS 1 es agents and rrm—tzrrvoo.mote—vx—cnoTi[]--Cmcrrto—vrvcxou--vmmm��rrivorr, 'viipxoyc'...,, •nbe•• »••» i'9 untBBrs 14. TI. C'a eto shall requiFe all fieR designntr St .b nt. eta s�, ,ced I of ..b eetraeted by !'ontraat,.r to perfim r the Cam4pen OF WO FIE r .l red nes this A g ... ent CWOF F t11A T d- 'F A Dargae Tn addition, GE)ntraatos ShallFeqkiir8 all non design eentraet b eantraetefs, used o sub anntraeted by hentraeter to ne«F sm the Cer..:ee.. ..r 1i7..«I. r re.l n,Jer this A.. nt to obtain a that ' sten t With the Tnnn.enna n aet :.�..o aso... Page 33 of 45 �'i f h in this ngFeemeflt, as well aan),eth8F : a thm.« y be . .ed b /`entfaet nff...e. 7. REPORTS AND RECORDS 7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Page 34 of 45 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section Page 35 of 45 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Leeal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. Page 36 of 45 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, sexual orientation, gender identity, physical or mental disability, medical condition, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise: A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit Page 37 of 45 and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Ci City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Contractor: Attention: Telephone: _ Facsimile: 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of Page 38 of 45 competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. Page 39 of 45 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready City Manager APPROVED AS TO FORM: ATTEST By: By: Douglas C. Holland, James Thompson, City Attorney City Clerk APPROVED BY CITY COUNCIL: Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR NAME: Check one Individual Partnership_Corporation Address By By Signature(Notarized) Signature(Notarized) Page 40 of 45 EXHIBIT "A" SCOPE OF SERVICES Page 41 of 45 EXHIBIT "B" CITY'S INVITATION FOR BID Page 42 of 45 EXHIBIT "C" CONTRACTOR'S BID Page 43 of 45 EXHIBIT "D" SCHEDULE OF COMPENSATION Page 44 of 45 EXHIBIT "E" SCHEDULE OF PERFORMANCE Page 45 of 45