HomeMy WebLinkAbout5/18/2016 - STAFF REPORTS - 2.G. p`M Spy
iy
c
V N
r
�re0[Gi( i4'fa
City Council Staff Report
DATE: MAY 18, 2016 CONSENT CALENDAR
SUBJECT: AWARD A CONTRACT SERVICES AGREEMENT TO UNIVAR USA,
INC., IN THE AMOUNT OF $60,012 FOR POOL CHEMICALS AT PALM
SPRINGS SWIM CENTER.
FROM: David H. Ready, City Manager
BY: Maintenance & Facilities Department
SUMMARY
This action would award a contract for the delivery of Hydrochloric Acid 15% and
Sodium Hypochlorite 12.5% on an as-needed basis to sanitize the city swimming pool.
RECOMMENDATION:
1 . Award a contract to Univar USA Inc., of Commerce CA, for the delivery of
Hydrochloric Acid 15% at $2.39 per gallon and Sodium Hypochlorite 12.5% at $1.68
per gallon on an as-needed basis for an amount not to exceed $60,012 annually;
and
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
Operation of the City's swimming pool requires purchase of hydrochloric acid and
sodium hypochlorite to maintain the chemistry of the water meeting public health
standards. The Procurement & Contracting Department issued an Invitation for Bids
(IFB 16-06) for Pool Chemicals for the Swim Center. The bid was posted to the website
and distributed on March 1, 2016, to 12 prospective suppliers, and advertised in The
Desert Sun. Two bids were received by the March 31, 2016, deadline, of which one bid
was determined to be non-responsive.
VENDOR NAME: BID AMOUNT:
Univar U.S.A., Inc 1 $60,012
Waterline P.S.O.0 Non-responsive
ITEM NO.
City Council Staff Report
May 18, 2016-- Page 2
Award Contract IFB 16-06
The City provided the vendors with historic usage quantities of 30,600 gal/yr. for Sodium
Hypochlorite 12.5%, and 3,600 gal/yr. for Hydrochloric Acid 15% on which to base their
unit prices. Actual usage may vary based upon weather and pool use. The lowest
responsive, responsible bid received was from Univar U.S.A. Inc., of Commerce,
California, at $2.39/gal for Hydrochloric Acid and $1 .68/gal for Sodium Hypochlorite, for
an estimated annual total of $60,012. The City will be required to additionally pay the
State of California mandated MILL fees for such chemicals, which currently is 2.175%.
The bid received from Waterline P.S.O.C. was reviewed by both Procurement staff and
the City Attorney and was found non-responsive for failure to complete the Bid
Schedule Pricing page as was required.
The low bidder, Univar U.S.A. Inc., has historically provided the City with pool
chemicals, and their bid prices are lower than prior prices, with pricing reduced from
$2.80/gal to $2.39/gal (-14.6%) for Hydrochloric Acid and from $1 .95/gal to $1.68/gal for
(-13.8%) Sodium Hypochlorite. The bidder has also eliminated a $70 fuel surcharge per
delivery, which will save the City a total of approximately $10,000 annually.
The contract is for one (1) year with two (2) optional one year renewals and the unit
pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.
FISCAL IMPACT
Funds have been approved and allocated in the budget and are available in account
#001-2451-43068 — Parks Maintenance - Pool Chemicals.
Staci Schafer, Marcus Fuller,
Director of Maintenance & Facilities Assistant City Manager
David H. Ready,
City Manager
Attachment:
1) Contract Services Agreement
02
CONTRACT SERVICES AGREEMENT
IFB 16-06
POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER
THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and
effective on , 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 03
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: (0) 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,9)
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 04
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 are 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 05
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 Scone. 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,
Page 4of75 06
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 07
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.
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 08
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). rentra,.t,.shall obtain and Maintain 41 fiall fi)rpp. ie tenn of this Agfeement, standaM
_ (effersafnissietts) instifaneeeaver-age amounte _
Iva.. the.. OnO ...:11:.,.. d011a.... ($1 nnn nnn nn) e e e .,..,7 t.. .. ....:llie ff dollars
(S2,000,000.00) a ...1 aggregate, ift HRR,...,J......,, V'ith the..F....:..:,,.,.. „C this q
h !`..tractor hell 'the« (a) .w:f., r4ting to the City th.a
.Tcoxxo.oaocoz �xxan oic.am—�,a.� o2ravTi•• T'-aaT
C--,RHt+ARtRr is HHAVO aFe Of all)' 6OHtFaet liability claims made against Gantfaetef and is tinaware ef
'ts of the polo,,., shall apply separately t elai.. s
ua aSiiab vaca
.. C za«8ER e ,. ..ANd the Feadition e f se. ,lees, nder this d,.r,.,.... ent
te.
(2) If the polie.. of insurespe k «tt„« ., �Plai .a Fnade° basis the
ff liey shall be eoHtitimed in fill' 4oree and effeet At all timeq during the tefm of this Agr-eemefft,
a.... for u Y..aavu va uuw�T
.I..t., ..0 the ,. ietion e f the Sef-.,lees p ..ided
Page 7 of 75 09
(3) in the event
thL pahe r of insuraftee is «iaen o n 44F..ew
ensure eeverage during the entire eattEse of performing the _SL4q.,iee,8 11"d-ef the tefms of this
Agreefflefof tiFminatien of the polio), during this PeFi9d, neA' eOVeFagO shall immediately be obtained 41a
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
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 j 0
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.
5.33 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 '� 1
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.
5.3.1 1 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 +1
5.5 Verification of Coverne. 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... " ("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 No,_" 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 11 of 75 13
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 Design Contract Services Indemnification and Reimbursement. (WAIVED,
not applicable). if the Agreement nt is ddet,..-.:Riaed-to be ., "designntraet sen,ieesagFOOFHOnt" ..,7
A. Tsmac-ac.lniest e.,tent . o. .iaed by law, Gant_uc4vr shall indeftiflify,
defend-(at Cantfaeter's sole east and e*pefise), pFeteet Rfld h8ld h&FMIOSS Cat)' Mid its eleCted ,
ect is required, (individually "Indemnified Party"; eelleetively "Indemnified Pat4ies") against
any and all liabilities, elaims,judgments, ar-bitFa4ieft awards, settlements, eests, demands, OFderS
and penalties (eelleetively "Claims"),offieers, employees, agents and volunteerq and all other publie ageneies whose appFElval of
but net limited te Claiffis arising from injuries er
Gentraet
F, its agents,
epklesq V ..:nfi.l e..r......,..,.ev..r ,.r r..a.._,. «,. ..,...c..... afty «,......
s.
f,yer- of the T«.i o...«:Coa D.._tie.. In addition, CORt_aot,._ shall _00 ..all r design ee tract
under this AgreofaeEit, to obtain in—ramee that is Gonqistent Avith fhe Insu -S L4
Page 12 of 75
feFth in this Agfeement, as well as any ether insuranee that fnay be required by GaiAFaet Offieer,
7. REPORTS AND RECORDS
7.1 Accountin2 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 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 14 of 75 16
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 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 15 of 75 17
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 Contractors 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 Is
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 20
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 19 of 75 1
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 22
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
NOTICE INVITING 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 of 75 -�� 3
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.Gileno(c�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 SUBMITTAL/BID BY THE DUE DATE AND TIME AS DEFINED IN
THIS DOCUMENT.
Page 22 of 75 24
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 '�5
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 26
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
27
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 26 of 75 98
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
29
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
RWO50R TAN INNER OR
RIMAi
II '
14213 EPDM SEAL
SEC AMP PAW R O
SHIPPIN / ENTERING
1' t NOTCH S 3�LACES
FITT(FIRING IS OPT1&AL(
I"SERVICE FITTING
Page 28 of 75 30
DEN HARTCIC INDUSTRIES, INC
....... ..................
Op"STAIN is
mace
W Of Ic 00
I C;g .I
]1 3 00
16 JOCEEt"P,
1634 (10 Z'8c3
I I'LIAL
;(At r
Qc n
FOW OTTITTAL
08 00 BE 66 Is
030C
00 75 X S
5,25
Y Do
DETAIL 9 16 co
S'AtE ??;
L
5702
q—"rl',-I
Aar Z;t9,l4
Den I
4 71, 1 N 0 u
PEH 61W..
By'"ri I ''N
I C L Cq tK F I*k E SS OTKR4;S I SN I F[In PE WE 1 I PA I I NT 025O NUM WAII
I s
50.' CiALLONOL4i LNE
I
e'G .4
Page 29 of 75
31
(C)DEN HARTOG iNDUSTRi-E , IN,
moo
31 L ABET. t[35 LAbf
VJAL I INE wD.UM BAW(CDC
FITTMG OPTONAL Vii 2:L'.,3
OPUBC AE1
0600
EEL
91
II
j0075 xLAlIDRAY A
Sig
SCALE 22i R2DO
2,
iN
,jl[ PUT
Den I
I N D U 8
'E I el:�f VM' 11,'KIM 40, A—.
„xn .'Is A IIE I e
Or-;p,.s7 SPEC T,P USCIPT 11�7, ,A i �Q'uA-LEN UuAL LIE -A!
FIC�k N: MLI�L
zs- LUS
21P41EI ri,--�HG
Page 30 of 75 32
STANDARD TANK ASSEMB,
,T,710'IAL FIT': iG
LWI Y!IVI A
Deal
INDUS '
ICF
t,r
ib 14 1 Cj' A-
"A -W, Ld, iq k
il I, N S
Page 31 of 75 33
ATTACMENT "A" CONTINUED
1000 Gallon Tank for Sodium Hypochlorite 12.5%
LIFN HAPIOG 'NDUSTR ES, INC
.............
-------------
TY
—T--I
F:TTPIG CP7,DWAL
'13 t
04 15 X
s 69 Rj GC
0 66 OC
Dt,A I A
5(ALE
7�,A
A OA IQ/16 7: Den I
cAza 1 N 0 U
tes
1HPIA1, In
CCT104 1/4-
MGLF I- F�
Page 32 of 75
!)DEN HAR T n5 INDJSiRIE S, IN,.
PRELIMINARY
�V — 200 -� :�X
P 0i C—1
1y F025 t
oxe ,,e ,
- Den
i
Ieuous '
FEV SXYic Ln ir..--- �nKbn
c5(NG�.G4 � g. IpAtC (4
Ili EN Il C R OE M S ( o.-n 5 [ YNI 1 JiiS—f —ir ,?IC f(P ;vf]
fP TC ,
«e s -SKia 'OJO GAI LO4 i4LL T.%
124
1
:xr E.
Page 33 of 75
35
1 0 STANDARD TANK A� Et'i0 T
iT7 OEtJ F P TOC ItIJJSTPIES W;. � '�ANK ASSEMBLY WITH
nq n nc OPf!CNAL FITTING
.. ... FLR(5 li 14NN C'
FOB rV,111i.5
"DN1,01, 1 i-I
1 I
1
I
I C
4L;opu IAh.i SEAL G� �i I AHY:S 2L
I F
Ob^L00-t)-:
1
I
I
i.T 14,-414'LA F
PM160L11.1 iII I Fir,AI!IG
NI II II .(
Den
I N D U 5 I
40,
3 fl 1,T;.: al C b�.arw Inpw
5� Knl
t[ i CS m
�I. 11 l2ILE � �IEH' �IbG11 ON GI NCTM '
pa.P. 5+2 L8 ED�A N rl s 1u IE aLb '
-
eC F_r �� 'Px � d L-111 PE.0 hG
�J'
Page 34 of 75 36
Attachment "B"
Aerial View of Tank Storage Facility
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 37
Current Tanks will be replaced with the"New" City-Owned Chemical tanks
by City Staff prior to first delivery.
smom HYPOENLORITE
Page 36 or 75
38
�.. . I
MARf4mf;
.f. ,.
�a
r
V
�•_Mal},�1T�7 Page 37 of 75
BID SCHEDULE SUMMARY
POOL CHEMICALS
IFB 16-06
Chemicals $Per Est.Gallon Per Estimated
Gallon Year Year Total
Hydrochloric Acid 15% $ X 3,600 al/ r $
Sodium H pochlorite 12.5% $ X 30,600 al/ 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 40
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 41
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
42
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 43
EXHIBIT "C"
CONTRACTOR'S BID
U.ww USA NK 41w
ONI s I1ae
K..YM 9a012 a9r
u5A Ul l] AR
r zsran sees
r»�sn sus l
wow uwania Cote
Minch 28,2016
City of Palm Springs
Procurement&Contracting
3200 E.Tphquitz 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.(%pleased to offer a price quote on your IFS 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 In hearing the results of your request we have included a self-addressed,
stamped envelope for the bid tabulations.
Thank you,
ShaturTadey McCa:athy
JP,a,.u{tar?e.'rar
Municipal Specialists
k'estem Region
Univar USA Inc.
muniteam-west o unll'arusu Lonl
www.uni yar..corn
Pleas Note: Stour ahan indomr*SuM for losses W ar eAenl caused by Settees neogerics or txeam o1
odlpatl. WOW pang w aade log V10dentel or consepueruW et mspes SOWS falwy is bmitod fo the purchesa
price of as goods SELLER MAKES NO WARRANTY OF MERCi1ANTABIUTY OR FITNESS FOR A PARTICULAR
PURPOSE
Weals Note: White applicable,arty Stale.Federal a,oaar aboropnate tacos andict the Caatoma MA Assl4pnere
ena appear he separate lira name on any mocks' e emv+ar n Unnars pethew/pwcalplw* wigs atcarsh a Of tlsae
tlargeS-they wile be tacced Out d the'product'ki line learn 9+s0 eMx++as thew o era Hem(S)M IM Mra of bang
Page 42 of 75 44
Un)var USA Inc.
2800 S Oar11et0 Avon" '
Commerce,CA 90040 v
T 323-727-IM u n I V^R
F 323-837.7100
wsrw.umver.com
GENERAL INFORMATION
Regular Office t42urs during which orlon may be placed
Monosy-Fnday 7.00 am-5.30 Pm(PST)
1In""of an emargancv during non-business houn:
For Non-Chem;cal Emerge s
Afler-hcurs offIll errcy pager-24-hour response. (323)440,9314
Fa Chemical Related Emergencies.
Chili (800)424.9300
Nettles•telaghorrortAN numbers of 1112se reag006112 o for 9411109 orders and InA40no dehvery
Office Phone (800)201.4439
Office Fax (323)837-7100 Email 0rdem-
Tom DeLong- DUsblct Administrabve Manager thowas d '4QY91ye
Denial Manners-CKMralkons Manager w5dbinniarum ran
Clay Kussfar- General Manager �py.kug7lg2uryvaru�g com
For anything oarUlnlng to bids:
Please send all D+d packeWdocuments to Univar USA Inc
(Unless olho wise specified) Alln.WER Muni Team
8201 S.2 W
Kem.WA W32.1994
COntads r•nm ,
lon,wer Perms Rase Howay Who"yc
"'O'cipall Specialist 1 S
Phone, hone (2 )53 87Z
e R 72 908e Phg 53 2a7 •y08y
Fax (253)872-%41 Fax: (253)8 i253j872-504+
72.5041 Fax ( ) r
Rnnbr wr+asf4 rys ..,,
e` _- - michess Mtk®1r.Yya�='Corn
ShaMnaseV MCCar"
Munkyal COmnerclal Maager
Phone. (253)872-W52
Fax (253)872-5o41
{haA'n4LBy RKIJMY®l _ u
3
Page 43 of 75 45
Remittance Address' Standard Payment Terms:
Unrvar USA Inc Net 30
PO Box 849027
Dallas,TX 75284-9027
i
f
Page 44 of 75
dG
V
unwnR
UNIVAR USA INC.
AMIOR1EEU BID SIGNERS
RFS(R.UTION
RESOLVED,that the Curpxale Scctct.ry shall Immmin a lost of the agrMv ul this Crnpuamsn wM,a«vas«d w,b
uu+hurity to eaecme In the CorpursUon's behalf formal, written bids no pgpuah for the sale Of dher ditpositwn of products
handled by the Co,pratlun. Said his stall be as established utnially by the Board of D+reclms and+hereafter.the p«s+dmL"a
VKe pr Klenl shall have it,authority,by wrinrn direcbvc to the Coulrnate Secretary,to odd agents to ut elinunate agems fnwn
said Lev,and it is further
RESOLVED.that the Ccrpurale Sccreury or any Assistant Stcrdary of the Corporation is authnnaed to certify ibis
«sulorian w cen+fy u,the name m name of persons on the his maeslained by Me CorpvsM Sayetary and such eenifk"aiC will
he nmcluslve evhlcoce of the authority of such prtwn nr penury uh by act.
END OF RESOLUTION
CERTIFICATION
1,the undersigned,as Caepira+c Secretary of Unhvar USA Im do hereby certify as fnikno c
I Thal the ahnv,resnlu"on was duly adophcd by Ile Burd of Or«curs of said Curporalim at a ncsyrng duly
held on Ucmmbrr 4,1916.and is in full funs and circa
y That the list of prisons authunacd to comic,rur an on behalf of this Corpaali m,women bids or proposals fa
Crow'sale cr Other dispuss idn of pnxluas handled by tins Corpaatsor+ as minally nublhaMW by the Board of
Uhminrs and thereof,,,added at by the p«vrdcru,Or a Vote I'mi4mi of thin Cn pormion u follows.
All ufrwrts and he hallowing.
Shawnascy,McCarthy Munktpal Cormu suctal Manager
Kristen B,mler Municileg Sl+ee,,J,
Livia Campbell Municipal Specahu
Sara Cauthcn Municipal Spmulist
Reis,1Wliday Municipal Specwhm
Michcie Kuras -Municipal Speeulig
Max Malmbolg Municifsl Speriilist
bench,perras Municipal SpeciahN
WlcySscvums Munimpol5pcciatm
Michelle aVots Muncipal 5ly:ciNhu
y Tltw Ott huregumg pawn is wthor+aed lu anon bids purwam us the«wduti�m rMrvc rrlerrcd r+�
J�SA
Q 1 orb Az
Ferry T. i r
Corporse Secretary (S.190
A i
Page 45 of 75 47
IFS #16-06
POOL CHEMICALS FOR PALM SPRINGS
SWIM CENTER
ADDENDUM NO. 1
Thms Addendum is being Issued for the following charges and informational items:
THE FOLLOWING REVISIONS ANDIOR 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 neelved the following questions and Is hereby providing answers thereto:
01 Will the tanks have level indicators so that the driver can easily and safely see
the level of the chemicals bang delivered into the tank?
A T: Yes, the new tanks will have level indicators.
02 W91 the new larks have a fill line with a carrilock connection?(This Is the safest
way to fill the tank)
A 2: Yes, the new tanks will have a fit/line with a camlock connection-
BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA
Procurement Specialist II
DATE March 7,2016
ADDENDUM ACKNOWLEDGMENT
Proposer Fmn Name un:,r.,. vdSq r'�
Audwrmad Signature LA U A Ai _
Date*__,l*"L. .
Acknowledgment of Receipt of Addendum 1 Is required by signing and returning a copy of this
addendum with your response. Failure to edcnowledge this Addendum may result to your IFB
being deemed non-responsive
Page 46 of 75 48
IFB #16-06
o POOL CHEMICALS FOR PALM SPRINGS
SWIM CENTER
1 •Y ADDENDUM NO. 2
This Addendum is teeing ssued for the following changes and infamational Noma
THE FOLLOWING REVISIONS ANDIOR 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 lee 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.
BY ORDER OF THE CITY Of PALM SPRINGS,CALIFORNIA
0 . 0
Procurement Specialist 11
DATE:March 17.2016
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature J I.
Deis ;tz, i��I ...
Acknowledgment of Receipt of Atldendurn 2 is requaed by signing and returning a copy Or this
addendum with your response Failure to acknowledge fts Addendum may result in your IFB
bung deemed non-responsive
Page 47 of 75
49
BID SCHEDULE SUMMARY
POOL CHEMICALS
IFS 16.06
CMrMcab f Par flat. se assert Per Estimated
0aaen Year Year TOW
Iiijdrochlonc_Acid 15°h 3 2.3!I 9.8W paVyr .t.i o
Sddlum_, pochbr4e12.5%'-- f s X 30500 _-'� { .roe
Anrwal Grand Total 6 e r Z o
nrrl. t LM r-i Merl IF, -1 E.
THIS IS A UNIT PRICE CONTRACT. PRICING FOR INITIAL 1 YEAR TERM AND CPI
ADJUSTMENTS FOR OPTIONAL RENEWALS:
For the kwtted first (1) year of the Agreement term. the Unit Pricing span remain fixed For
optional years 2, and 3 vendor may request a price adjustment nol to exceed the Bureau of
Labor Slasistit's Consumer Price Index (CPIs for the LIVRNarsidelAnaheim regq for the prior
112 month period effective on the anniversary dale Oplwnal renewal years 2 and 3, plus any
associated CPI Increase,are at the mutual consent of the City and the Vendor
CHECK IF THE FOLIOWINO STATEMENT APPLIES IMANDATORYI
_My firm/company is a Lccat Buss,that has a Property I<ensee ew wash lack[,bCGted hsrMn
the Palm Spmgs oily Imes Copy of current business license from the City of Palm Springs is
moulted to be attached to this document
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receo of any Addenda Issued by the City for this IFB is required by
including the acknowledgment with your Bid Failure to arJulowledge the Addenda issued may
result In your Bid being deemed Ion-responsive
In the space provided below,please acknowledge receipt of each Addendum:
Adde idum(s)N t I- Isfare hereby acknowledged.
(Signaluril
Name of contractor submitting bid Ll n r w.i s I Lp- t rx .�
AuMorixed signalure�„l 10 A •
Pnnted leaves !`.tin...• -Sc �l�/+'H� Tllk nl..r-s.c.onl / sr....�e.-+.nl Mnr.n^.i
Address lb 101 S . 11
Cdy,Slate.Zip u.-", ^µA, a14ao3 a--
Tefephone No. 11S3) 411 - '�,Ca0 Fax No: 61931 as 72- — 0j0kl
E-mall Asan'.Jr./u Sn ratr�
ew iser4s
Page 48 of 75
50
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND
SUBMITTED WITH BID
STATE OF GA %r9R!ib�
i SS
COUNTY OF RP*R9IBE 1
V—.'.)
The undersigned, being first duty sworn.deposes and says that he or she is,%I,.,r .•f..,I C emm•n;.f
M,--3 •'"of G i„_�,.i �,Ga y.-. . . the party makii g the foregoing bid Tflat
thebibid
�is not made in the interests of, of on the behalf of, any und,sclosed person, partnership
company, association organization or corporation, that the bid is genuine and not colnrswe or
sham.Thal the bidder has nol directly or indsectty induced or soaoted any other bidder b pul in
a false or sham bid, and has not dnediy or indirectly coluded conspiied, connived, or agreed
with any bidder or anyone else to pit in a sham bid, or that anyone shah refrain from biddng;
that the bidder has not in any manner directly or nduedry sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder of,any other bidder,
Of to f e any overhead, profs., or cost element of the bid price,or of that of any other bidder,or to
secure any advantage against the pudic body awarding the contract of anyone interested in the
proposed contract. that all statements contained in the laid are true,and, further, that the bidder
has not directly or indirectly, submitted his of her bid price or any breakdown thereof, of the
contents thereof.. of divulged Information or data relative thereof, of pad, and will not day, any
fee to any corporation, partrrersnip,company, association. otgan�zabon, bid depository or any
olner member or agent thereof to effectuate a collusive of sham bid.
By. - -,r'�Af1� Title /-7... .•h,.i f e ..•.v-•:nl A1nn•.ct�.-
Subscribed and swan to before rise this,��•- day of/Y 61j7-;_ ,20 f jp J
Notar&obltc in and to said
County and State
`FER find'('
a�rarP'OTAgvA
�fWASN�avv`s�
Pegs If al'15
Page 49 of 75
51
CITY OF PALM SPRINGS
POOL CHEMICALS FOR PALM SPRINGS SWIM CENTER
IFB 16-06
Information Reouin0 of Bidder
NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL.ALL
APPLICABLE ITEMS MUST BE FILLED OUT &rider as required to supply the 1ollovnng
1. Contractor/Firm Name and Address U
_C 117-t, W{c.a- Vio .
2. Name and Title of person adhomed to esecu le a contrad tux the firm'
3 Telephone Number 4s.•-r 3) :L 1,1, - 4000 (FAX) 4z1,% ,'11 - 4loi. t
a E-mail address +e er-n
P
5. Type of Flinn Indwdual _Partnership /Corporation _Other
6 Corporation organized under the laws or the Stale of t.11 r-. f.
7 Business License No �o, - 0--1 - 4 3 Expiration Date.
8. List at least five(5)current contractsrrefelences which are simear to the requtraments m
this IFB
Contract$ Contract Account Name E Address Contact Person
Amount Term &Phone Number
y.lrr_
till.
b,- o e f' t')sel'� �ro eanrr/ _ •_ne t e...c..�s N;. -
7),iic 0.A_ Da....J tiiu Dw tnecl LwC -1"n
C,�rT M Yt�._•( u 4t. LII�+A/'10 �Lh r�(tLNnS martin YL.+lury
j).S'.S V�1 a�tt.-lN� Le A.191 Lbdd�^31 -row11
dwSC HCOf•f 5I.F1u 1. �me,. a,
71hC. }A. t- +}13c..t. 4,�ye'e01 /6r11 riff L+GL+G•.
a.� + j1w t,li•M•. .../ter Bw s.., .nl,rt, twat
1.e..ys wry. EI c.7•..Jw,4a n.XMrC . .r2sr•.-
P4� Ii r+e
Page 50 of 75
JZ
9. List the name,title,and IekVt"of the person(Manager or Superwsor)who w81
supervise full-time the wort of Ibis Contract lot your frm.
Yin+.,I- n�- la. INl1 - Gr.Oe 1?." f Cr, --er / (� ,—
(wem).,S,3 34
10 Number of years in Ibis tyfx of business A
1USE THE SPACE BELOW AND ADDITIONAL PAGES IF NECESSARYI
i',;, a 49
Page 51 of 75 53
� J
univ^R % s6aelri ssaac
SAFETY DATA SHEET
'a.laenrincJritm
Product Idenllfier:HYDROCHLORIC AGO SOLUTION 2%-37h
Other means of Identification
SOS number. 000100000003
Recommended use and restriction on use
Recommended use:Reserved for mduanal and professmna'-use
RMIActlong on use:Not known.
Emergency telephone numhecfor emergency assurance Involving chemicals
call CHEMTREC day m night at:1-800424 91M CHEMTREC INTERNATIONAL Tela 703327d887
2.Hasardis)identMcation
Hazard classification
Health hazards
Acute touc,ty(Oral) Category
Acute toaKtty(Dermal) Category
Skm corrosion/untatwn Category 1A
Serious eye damage/eye enta0on Category 1
Label elements
Huard symbol
Page 52 of 75
Version:1.2 •s
Redsicn date 17/LS/201S V U n I vA R
Signal word Danger
Hazard statement Corrosive.
Caoses severe skin bums and eye damage.
Harmful if swallowed or in contact w.h skin.
May cause respiratory irritation.
Pir"aullonary statement
prevention Do not breathe dust or mists Do not gel in eyes,pis skin,or on clolh,rig.
Wash thoroughly after handling.Wear protective gloves/protective
clothing/eye proteltwn/face protection.
Response IF INHALED.Remove person to fresh air and keep comfortable for
breathing.If in eyes'.Rinse cautiously wRh water for sevrral mmules
Remove contact lenses,if present and easy to do.Continue rinsing IF ON
SKIN for halm.Take off rmmediately all contaminated clothing.Rinse sun
with water/shower.IF SWALLOWED.Call a POISON CEN7111/doctor/If you
feel unwell Rinse mouth Do NOT Induce winning Immediately call a
POISON CENTER/doclor.Wash contaminated clottung before reuse
Saorage Slonr in a closed container.Keep cpMainer bgMly[bled.Store In a well
ventilated place Store on a dry place.
Disposal Dispose of contenWcontainer to an appropriate treatment and disposal
facility in accordance with applicable laws and reguArons,and product
[MacterisUn at lime of disposal
Other hazards which do riot Norio
result In GHS classification
SOS U5 ODOIOOD00003 2112
Page 53 of 75
Version:1.2 dR►
pevisfon date:l2/1S/2015 u n i vA R
].Ca"filloNlettotnaafbo on wplrtlNnts
Substances
1Commonname
tltemkal idenih7 and rynonyme CAS number COMMIn Paton N'
-Waier 7732.145 > 63-<-M
--_ -
'I Hyd�ochl -wk acid 7617-010 a•2-<e]7%
Ail conttnnatiram Me parant by wMgAt iambs Mig adem Is a gas.GM mrrndunguns an in percent by"times.
4.First-aid measures
ingestion: 00 NOT inch worming Never gNv liquid to an unconscious perwn.Gat
medical Maintains Immeduttly.
Inhalation: More to fresh air.M breathing is difficult,give oxygen.Perform artificial
respiration if breathing has stopped Get medical attention immediateN.
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: ll in eyes.hold eyes open,flood with water for at kast 15 minutes and we
a doctor
Most Important symptoms/effects,scute and delayed
Symptoms: No data available.
Indication of Immediate medical attention and special treatment needed
iraalment: Symptoms may delayed. _
'.5.Fire-flghting measures
General fire hazards: No unusual fire or explosion hazards noted.
Suitable land unsultablef extinguishing media
Suitable extinguishing Use Tie extinguishing media appropriate for surroundmg materials
media.
Unsuitable extinguishing No data avadabse.
media:
Specific hazards arising from the Dwmg f,re,gases hazardous to heahh may be formed
chemical:
Special protective equipment and precautions fw firefighters
SDS_us-000100000003 312
Page 54 of 75
56
Verson: l A univnR
Reunion da Date 1211512015 v
Special fire fighting No data ava table
procedures
Special Protective equipment for Containers close to fire shopld be removed or cooked valh water.
itre-B�hte*s:
8.Accidental release measures '
Personal Precautions,Protective Use personal Protective equipment.Keep unauthorised personnel away.
equipment and emergency
procedures:
Methods and material far Absorb spillage with non tombusubie,absorbent matenal Dike for later
containment and cleaning up: deposal
Notibcatiors Procedures: D,kt lot later disposal.Prevent entry into waterways,sewer,basemems or
confined areas.Slop the flow of material,d thts is without risk.
_Envtronmentol precautions: Do not contaminate water sources or sower.
7. Handling and storage
Precautions lot sale handling: Use personal protective equipment as requbed,Container must be kept
tighify closed Use only with adequate ventilation.Avoid breathing mats
or vapors Do not get m ryes,on skin,on clothing Wash thoroughly after
handling.Do not taste or swallow.
Conditions for safe storage, Store locked up
including any
Incomp211bi9tles:
,g.E suro controlsipersonal protaction
Cairbd parameters
ionN eappwto IbNts
Chore"Identity Type Upolva t4nh v;u" Source
Hydmchil"K and Coiling 2 pfam US.ACGIH Threshold lerilt Vafyes 103
2a13
Coil Tin 5ppm 7rnvm3 US NOUSH Pocket Guide to Cheiakai
Is , Hala ds(20301
_ .._...--.__. ..._i
Gelling 5 Plant 7 mglm3 US OSHA Table Z 1 lsmes far Air
Contaminants(29 CPR 19101at10)
_ (02 2f10g1
Cooing 5 pprn 7 mg/m3 US.OSHA Table Z-1 A(29 CiR
1930.1000)j19g9)
Cc _s Pen^._7.nr�/m3 U5.Tennesaet.DE4t�onal
sm-Us-00010000DO03 4112
Page 55 of 75 57
Version 12 U n I VA R
gewsgn date:12/15/2015 tj
Ea owre lenits,Table ZIA JDb 2008R8L
AN ESE 8.e pg/m3 US.Texas Effects Screening Leveh
(Texas Commnson can Envlrch rmmtal
Quality)(0Z 2011)
ST ESL 190 US.Texas.Effects Screening Leveh
ly/ml (Texas Cornrnission on Fnvnorimental
Qualityl(02 2013)
AN ESL 51 ppb US.Texas.Effects Screening Levels
(Texas Commasion on Environmental
Quakty�02,2013)
ST ESI 130 ppb US.Texas Effects Screening Lie
veh
(Texas Commission on Envuoamenlal
Qualltvi 022013
LS
Ceaingppm 7 mg/m3 U5.California Code of Regulations,
Title S,Section SISS.Antos e__ _ Contaminants 002_2012i _
ADWoprtaie engirteedng Adequate writaation should be provided so that exposure in. are not
controls exceeded
Individual protection measures,such as personal protective equipment
General informatlon: Use personal protectwe equipment as required Always observe good
personal hygiene measulel,such as washing after handling the nMtetuil
and before eating,drinking,and/or smoking.Rout r"wash work clothing
to remove cortammants Discard contaminated footwear that cannot be.
cleaned Practice good housekeeping Pmvdde eyewash station and safety
shower
Eyeflace protection: Wear safety glasses with side shields(orgoggles)and a face shield
Skin protection
Hand protection: Caemical resistant gloves.
Other: Wear chemscabresatant gloves,footwear,and protective clothing
appropriate for the risk of exposwe Contact health and safety
prof"mnal or manufactwer for specific Information.
Respiratory protection In case of inadequate ventsalion use sunable respirator.
Hycene measures: Avoid cootaCl with skin Otnerw good industrial hygwne practices Do not
eat,drink or smoke when usmg the product.Wash hands alter handling
Do not get in eyes Wash contaminated clothing before reuse.Do not get
this materwl in contact with skin Wash hands before beaks and
unmediately after handling the product
SOS—us-W6100000003 5112
Page 56 of 75
56
enron 12
Rna U n i Vn R
avn date t2/IS/2015 ' 1 ,`eT
-9.Physical and chttmkal properties
Physical state'. tigWd
Form: No data available.
Color: No data available.
Odor, No data available.
Odor threshold: No data available.
PH Z
Melting point/freezing point: -34--15T
Init41 toiling point and boiling range: 60- 105 T
Flash Point: No data available.
Evaporation rate: No data available
Flammabglty(solid,Las)! No data available
Upper/lower limn on flammability or eapic slue limits
Flamm rbairy Omit-upper l%): No data available
Flammability limit-lower(%): No data available
Explosive limit-upper(%): No data available
Explosive limit-lower t%): No data available.
Vapor pressure: No data available.
vapor densiM No data available.
Relative density: i - 1 18
Solubility(es)
Solubility In water: No data ava-lable.
Solubility lotherl: No data available.
Parhbon coeflkitnt(n Wart/water): No data available
Auto-Ignition temperature: No data available
Decomposition temperature: No data available
VMEosnY No data available
Stability and reactivity
flaattWlty: No data available
SDS US-000100000W3 6112
Page 57 of 75
59
yeybn:cla V univAR
Pevnion date. 11/35/7025
Chemical st+blbty: Material n stable under normal cond:twos
Possibility of hazardous No data available.
reactions:
Conditions to hold: Avoid heat or contamination.
Incompatible materlals: O.Idliers
Nuardous decomposition No data avadabk
1.TOYlcological Information ....- `�
Symptoms related to the Physical,chernkal and mNcolotical characteristic
ingestion'. No data avadabk
Inhalation No data avaiable
Skin contast: No data"a4able
Eye contact: No data available
Information on toxicological effects
Acute toxicity(list all possible router of exposwe)
Ora)
Product: ATEmixII:900^Will
Dermal
Product: ATErnlx)):1,449 mp,/Fg
Inhalation
Produce. No data available
Specified substance(s):
Hydrochlonc acid LC 50(Rat,1 h) 3,124 Info
Repeated dose toxicity
Product No data Wanable
Skin corrosion/Inttation
Product: No data available.
Serious eye damage/eye irritation
Product: No data available
Respiratory or skin sensitlrathxl
Product: No data available
Carcinogenicity
Product: No data available
SAS VS-00o100000003 Tii?
Page 58 of 75
6U
Version 12
Revision date,12/15/201S V u n I V^R
IARC Monographs cn the Evaluation of Carcinogenic Risks to Humans:
No caicmogenir,romponents idrntifred
US.National Toxicology Program(NTP)Report on Carcinogens:
No caronogon,c components idenb?red
US-OSHA Specifically Regulated Substances J29 CFR 1910.1001-1050):
No carcinogenic components idenu6eo
Germ call mutagenkity
In vitro
Product'. No data avaliabk.
In vivo
Product: No data avarabk.
Reprodwlive toakity
Product'. No data svaiabie
Specific target organ loddty,single exposure
Product No data avaiiabk
Specific target organ makity-repeated exposure
Product: No data available
Aspiration hazard
Produn: No data available.
Other allech, No data available.
12.Ecological information
Ec ntoak4y: i
A[ute fHaf rill I.the agWUc emnrgrtmint
Fish
Product: No data avaiiabk
Specified substancels):
Hydrochlonc acid LC 50(Western mosqunolnh(Gambusia affirms),24 hp 282 mg/l Mortality
LC 50(Western mostiunolnh(Gambusia affinb),48 h).282 mg,N Mortality
LC 50(Western mosavoofnh(Gambusia aHbni,96 h).282 mgA Mortality
Aquatic invertebrates
Product No data available.
Spisdied substancels):
Hydruchbrk ackl LC 50((5reen or European Shore crab JCartmui maenas),48 h)..240 rW
Mortality LC 50(Comma shrimp,sand shrimp(Crangon c angoo),48 h).
260 mg/l Mortality
Chronic hatards to the aquatic ennironment
Fish
SOS US 000100000003 8172
Page 59 of 75 61
Version 52 R 0. A un�VAR
Revision date 12/15/2015
Product: No data avadxble
Aquatk Invertebrates
Product: No data available.
l oriclty to Aquatic Plants
Product: No data available
Persistence and degradablllty
Biodegradation
Product: No data avadable.
DOD/COD ratio
Product: No data available.
8-oaccumul4tive potentlai
Bfccon<cnbation lWor I8CF)
Product No data available
Partition C"ffkient n-atasol/water(lot Kow)
Product No data avanabk
Mobility in%OW No data avai able.
Known Or psedKted distribution to environmental compartments
Water No data avauable
Hydrogen chloride No data avaiabk.
Known w predicted dirtribuHon to environmental compartments
Water No data ava,abk
13,Disposal considerations
Disposal instructions: Dispose of waste at an appropriate treatment and drsposal facility in
accordance with applicable laws and regulations,and Product
chafatteristks at tarts of d<sposal
ContaminatedQacka frig: No data avnbble.
4. Transport Information
001
UN number UN 1789
UN proper shipping name hydrochloric acid solution
Transport hazard classles)
Class 6
tabells). 8
Packing group: It
Marine Pollutant' Not regulated
Specie:precautions for user.
SOS US•000100000003 gilt
Page 60 of 75
L
Venlor, 1.2 c-4.. w
RlWion dmt'li/15/2015 � J unw„R
'S. Regulatory information
US lederal regsdationsUS.OSHA SpeHf tally Reg oated subtmnces(29 CFR 1910.1001 1050)
No"preutm or none prrsent in regulated quantives
CERCLA Hazardous Substance,Llst(40 CFR 302.4Y
Hydrochbnc acid Reportable quantity SODO lbs
Superlund amendments and reauthorization act of 1986(SARA)
Hazard categories
Not Inted
SARA 302 Extremely hazardous substance
Chemical 1:160ty RQ Threshold_Planni%Quantay
Hydrochlbric acid 5000 Ids SOO Ibs
SARA 304 Emergency release notification
Chemical identity RQ
Wedrochlonc acid 50001bs.
SARA 111/312 Hazardous chendcal
Chemical Went" threshold Planning Quantity
Hydrochlonr acid 5001bs
SARA 313(TRI reporting)
Reporting
threshold for Reporting threshold Ica
Chemical Identity other use's manutactudng and processing
HydrochlorK acd 10000 Its 2"Du Its
Clean Water Act Section 321 Hazardous Substances(40 CFR 117.31
Hydrocnkiric acid Reportable quamo,5000 its
Clean Air Act(CAA)Section 112(r)Accldental Release Prevention(40 CFR 68.130):
Hydrochloric acid Thres+old quantity:15000 Its
Hydrochloric acid Threshold quantity:5000 Its
US state regutstions
VS California Proposition 65
No ingredient regulated by CA Prop 6S present
US.New Jersey Worker and Community Rlghl-toJcnow,Act
Hydrochb'K acid 'listed
US.Massachusetts RTK•Substance List
Hydrochbnc acid tilled
US.PenmyWaMa RTK-Hazardous Substances
Hydrochbnc acid Listed
US.Rhode Island RTK
Hydrochbnc add Listed
SDS US•000100000003 1Or12
Page 61 of 75 63
Version:1.2
Revision date:1 2115/20 1 5 u n ivnR
Inventory Status:Aust ata AK$ Not in compliance with the Inventory.
Canada DSL Inventory Lott: Not in compliance with the Inventory.
EU EINFCS List On or in compliance with the inventory
EU ELRICS List. Not In compliance with the nventory.
Japan(ENCSI List Not In compliance with the nventary.
EU No Loner,PoMmen List. Not in compliance wish 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.
PMAppines PICCS: Not in compliance wish the inventory.
US TSCA Inventory: On or in compliance wnn the Inventory
New Zealand Inventory of Chemicals. Not in comphance with the inventory.
lapin ISHL tnt g Not in compbance wen the inventory.
lapan Pharmacopoeia Listed _ Not m compbance wnn the inventory.
16.00wr Information,Including date of preparation or fast revision
"MIS Ha"M t0
6 Safety Glasses&Glcve,
0
1
"PEPWNAL0N 6
Hazard rating:0-Mmimal;1-Slight,2-Moderate.3-Serious;4 Severe,'Chronic health
effect
NEPA Hazard 10
Flammilbildy
., Health
Reactivity
Special hazard.
"atard rating:0 Mnbnal;1 SIgM1a,1-hnodtrate;3-Serious;4•Severe
Issue date. 12/1512015
Re.1s"date: No data available.
Version e: 1.2
Further Information: No data available.
SDS US-000100000003 11l12
Page 62 of 75 6 ,g
vemon.12
Rev-son date 12/15/2015 � univnR
SOS-US-000100000003 12/12
Page 63 of 75
65
COMPANY IDENTITY: Univar DATE: 07/23/15
PRODUCT IDENTITY: Liquichlor IT, 16% (Sodium Hypochldriee to 16%1 PAGE: 1 OF 8
SAFETY DATA SHEET
This Safety Data Sheet canforaf to ANSI Z400.5, and to the format regviramants
and the International Chemical Safety Cards of the Global Harmonizing System.
THIS SOS COMPLIES WITH 29 CFR 1910.1200 (HAZAAD COMMUNICATION STANDARD)
IMPORTANT: Read this SOS before handling g disposing of this product.
Pass this inforeatlun on to employees, customers. 6 users Of thls product.
SECTION 1. IDENTIFICATION OF THE SUBSTANCE OR MIXTURE AM OF THE SOPPLIFR
PRODUCT IDENTITY: Liquichlor 1016% (So/i um wypo(hl write 10 16%)
SOS NAPMER: OX76685
NEW M-SOS DATE: 07/22/2015
COMPANY IOFNTITY: Univsr
COMPANY ADDRESS: 1742S NE union Mill Road
COMPANY CITY: Redmnnd, WA 98052
COMPANY PHONE: 1 425-889.1400
EMERGENCY PHONES: CHEMTRECI 1-900 424 9300 (USA)
CAEEJTEC: 1 61) 996 5666 (CANADA)
SECTION 2. HAZARDS IOENTIr1CATIOI
DANGERII
EIPOStROE PREVENT/ON: STRICT MYGIENEI AVOID Alt CONTACTI
HUARD STATEMENTS: '
NIS Causes Severe burns.
R50 very tovic to aquatic organisms. •
PRECAUTIONARY STATEMENTS:
S1/1 Keep locked up and out of the reach of children.
524/25 Avoid contact with skin and eyes.
S36/17/39 Near Suitable protective clothing, gloves and eye/fats protective.
$26 In use of font Act with eyes, rinse Immediately with
plenty of water " seek medical advice.
S28 After Contact with skin, wash
immediately with plenty of water.
S45 In use of accident, or if rou feel unwell, seek medical advice
immediately. (Show the label where possible).
S51 Avoid release to the environment. Refer to special
instructions/safety data sheet.
SECTION 3. COMPOSITION/INFOMATION ON INGREDIENTS
MATERIAL CASs EINECS4 WT %
Water 7732.12.5 231. W2 94.99
Sodium Hypochlor Lte 7681-S2.9 c 16
Sodium Hydroxide 1310.73 7 - . 1.75
Trace components: Trace Ingredients (if any) are present in c 1% concentration,
(c 8.1% for potential carcinogens, reproductive toxins, respiratory tract mutagens,
and sensitizers). None of the trace ingredients contribute significant additional
hazards at the concentrations present in this product. All pertinent hazard information
has been provided In this document, per the requiremants of the Federal Occupational
Safety and Health Administration Standard (29 CFA 1919,1200), V.S. State equiv$lents,
and Canadian Hazardous Materials Identlficati on System Standard (CPA 4).
SEE SECTIONS 8, 11 B 12 FOR TOXICOLOGICAL INFORMATION.
Page 64 of 75 66
COMPANY IDENTITY: Univar DATE: 07/22/15
PRODUCT IDENTITY: Llqu uhlor I0-16% (Sodium Hypochlarite 10 16X) PAGE 2 OF 8
SECTION A. FIRST AID MEASURES
EYE CONTACT:
If this product enters the apes. open eyes while caber gently running water, Use
sufficient force to open eyelids, 'Roll' eyes to *.pose more surface. Minimum flushing
is for IS minutes. Seek immediate medical atteo Uon.
SKIN CONTACT;
If the product contaminates the skin, Immediately begin decontamination with running
water. M14imum flushing is for 15 minutes. Remove contaminated clothing, taking care not
to Contain nate eyes. If skin becomes irritated and irritation persists, medical attention
may be necessary. Nash 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 resC uer should wear an appropriate cask or Stlf-Contained breathing
apparatus. Keep person arm and at rest. breathing is difficult, glee
oxygen. If breathing has stopped, trained personnel should Immediately begin artificial
respiration. It may be dangerous to the person providing aid to give .oktn-to-mouth
resuscitation. If unconscious, place In recovery position and get medical attention
Immediately. Kalntain an open airway. Loosen tight clothing such as a collar, tie, belt
or waistband. If the heart has stopped, tr,ll red personnel should iamadiattly begin
cardlopulmonary resuscitation (CPR). Seek :mediate medical attention. In cast of
inhalation 04 decomposition products in a fire, symptoms may be tolayed.Tha, exposed person
may need to be kept under medical surveillance for 48 hours.
SWALLOWING:
If swallowed, CALL PHYSICIAN OR POISON COEFROE CENTER FOR MOST CURRENT INFORMAtION. If
professional advice is not available, give two glasses of water to drink. 00 NOT INDUCE
VOMITING. Never induce vomiting or give liquids to someone who it unconscious, having
convulsions, or vnable to swallow. Seek immediate medical attention.
NOTES TO PHYSICIAN:
There is no specific antldote. Treatment of overexposure should be directed at the control
of symptoms and the clinical conditlon of the patient. My material aspirated during
vomiting may cause lun{{ injury. Therefore, ernesis should not be induced mechanically or
pharmacologiC ally. If it is considered necessary to evacuate the stomach contents. this
Should be done by NwAns least likely to cause aspiration (Such as: Gastric lavage after
etbotracheal intubatlon).
victims pf Chamical exposure must be taken for medical attention. Rescuers should be taken
for medical attention, if necessary. Take a copy of label and SDS to physician or health
professional kith victim.
SECTION S. FIRE f1GHTING MEASURES
FIRE A EXPLOSION PREVENTIVE MEASLMES
Not Applicable.
EXTINGUISHING MEDIA
US* dry powder, foem, Carbon dioxide, water spray, halon, or any 'ABC" Class extinguisher.
SPECIAL FIRE FIGHTING PROCEDURES
Water spray may be Ineffective on fire but can protect firefighters
A cool closed containars. Use fog nozzles if water is used.
Do not enter confined fire-space without full bunker gear,
(Helmet with face shield, bunker coats, gloves A rubber boots).
Use NIOSH approved positive pressure self-contained breathing apparatus.
UIR/SWI EXPLOSION AND FIRE PROCEDURES
NOnc ombustlble.
isolate from reducers, acids, sCood, organic materials, and most metals.
Oxidizer furors damage lungs. Symptoms way be delayed. Do not breath* fumes.
Page 65 of 75
67
COMPANY IDENTITY: Univar DATE: 07/22/15
PRODUCT IDENTITY: LiquicNEor 10.16% (Scdsom Hypo,hlorlte IQ 16%) PAGE: 1 Of 8
SECTION 6. ACCIDENTAL RELEASE MEASURES
SPILL AND LEAK RESPONSE AND ENVIRONMENTAL PRECAUTIONS.
Uncontrolled releases should be responded to by trained parsonnel using pre-planned
procedures. Proper protective equipeent should be used, In case of a spill, clear the
hf fected area, protect people, aid respono with trained personnel.
PERSONAL PROTECTIVE EQUIPMENT
The proper personal protective equipment for incidental :.Lases (such as 1 Liter of the
product released in a well ventilated area), wee iwm4pme meable gloves (triple-gloves (rubber
gloves and nitrile gloves, over latex gloves), gri IeS, face shield, and appropriate body
Protection. 10 the event of a large release, use Nmpemeable gloves, spec if lc for the
material handled, chemically resistant Suit and beets, 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/MW 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, and, or any appropriate readily
available material to prev"t 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 afalstarce.
CONTAINMENT AND CLEAN-UP MEASURES'.
Absorb spilled liquid with polypads or other sultaOfe absorbent materials. If necessary,
nautra112e using Witable buffering material, (acid with soda ash or base with phosphoric
acid), and test area with litmus paper to confirm nou"alitation. Clean up with
.on combustible absorbent (such as: sand, soil, and so On). Sha,el 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.
Near OSHA Standard full face shield. Consult Safety Equipment Supplier. Near goggles,
face shield, gloves, apron A footwear impervious to material. Nash clothing before
reuse. NEVER pour water into this substance. wren dissolving or diluting,
always add It slowly to the water,
to minimise static discharge when transferring, ensure electrical continuity
by bonding and grounding all equipment. Use an inlet line diameter of at
least 3.S inches (8.9 centimeters) with a maximum flow rate of 1 meterfseGond.
STORAGE
Keep separated from strong oxidants, strong Acids, combustible A reducing substances,
metals, food A feedstuffs, keep cool. Keep dry. Keep in the dark. See: Section 18,
<Materials to Avoid>. Oo not store above 49 C/178 R. Keep container tightly closed
A uprlgNt when not In use to prevent leakage.
Wear full face shield, gloves 6 full protective clothing when Waning 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
beat, w where freezing is possible. Kate tlaI Should be stored in secondary containers or
in a diked area, as appropriate. Store containers away from Incompatible chemicals (see
Section 20, Stability and Reactivity). Post warning and 'ND SMOf ING" signs in storage and
us* areas, as appropriate. Empty containers should be handled with car.. Never store food,
feed, or drinking water in containers which held this product.
BULK CONTAINERS:
All tanks and pipelines which contain this material Nit be labeled. Perform routine
maintenance on tanks or pipelines which contain this product. Report all leaks immediately
to the proper persomel.
Page 66 of 75 68
COMPANY IDENTITY, Unlvar DATE: 67/22/1S
PRODDCT IDENTITY: tlquiChlor 10 16% (Sodium Hypochlorlte 19 16%) PAGE: 4 OF A
SECTION 7. HANDLING AND STORAGE (CONTINUED)
TANK CAR SHIPMENTS:
Tank cars carrying this product should be loaded and unloaded in strict accordance with
tank Carmanufacturer's recommendation and all established on-site safety procedures.
Appropriate personal protective equipment must be used (sae Section B, 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 De locked or blocked
prior to loading or vnloading. Tank car (for loading) or storage tanks (for unloading)
must be verlfled to be correct for rtctiving this product and be properly prepartd,
prior to starting the transfer operations. Hoses must be verified to be in the Correct
positions, before starting transfer operations. A swplt (if required) must be taken
and verified (if required) prior to starting transfer operations. All lines must or
blown down and purged before disconnecting them from the tank car or vessel.
PROTECTIVE PRACTICES D1JRIRG MAINTENANCE Of CONTAMINATED EQUIPMENT:
follow practices indicated in Section 6 (Accidental Release Meafvres). Make certain
APpllc3tion equipment is locked and togged out safely. Always use this product In areas
where adequate ventilation is provided. Collect all rinsatts and dispose of according
to applicable Federal, State, or local procedures.
SECTION A. EXPOSURE CONTROL SIPIRSOMAL PROTECTION
MATERIAL CASs IIMECSN TOLL (OSHA) TLV (ACGTH)
water 7732.10 S 231 791.2 None Known None Known
Sodium Hydroxide 131E,73 2 - 2 08;m3 None Known
Sodium Hypochloritt 7681-52.9 None Known Nana Known
MATERIAL CASs EINECSS C91LING STEL(OSMM/ACGIH) HAP
Sodium Hydroxide 1310 73-2 - 2 mg/03 None Known No
This product contains no EPA Hazardous All Pollutants (HAP) In amounts k 0.2%.
RESPIRATORY EXPOSURE CONTAOLS
Maintain alrborne contaminant concentrations below exposure limits given above. If
respiratory protection is needed, use Only protection authorized in 29 CFO 1910.334
European Standard EN 149. Or appllcsblt State regulations. It adequate ventilation is
not available or there is potential for alrborne exposure above the exposure )jolts, a
respirator Nay be worn up to the respirator exposure limitations, check with respirator
equipment manufacturer's rpcommen0ations/llmlbtlpns. 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.S% or Ora unknown.
EMERGENCY OR PLANNED ENTRY INTO LVANOW CONCENTRAIIfkfS OR IDLM CONDITIONS
PCJIt IYe pressure, full-face piece Self COnTalntd Breathing Apparatus; or positive
pressure, full-face piece Salf Contained Breathing Apparatus with An auxilliary positive
Pressure Self Contained Breathing Apparatus.
VENTILATION
LOCAL IXNAUSI; Necessary MECHANICAL (GENERAL): Necessary
SPECIAL: None OTHER: None
Please refer to ACGIH document, 'Industrial Ventllatl On, A Manual of
Recommended Practices", most recent edition, for details.
EYE PROTECTION;
Splash gdgglts or safety glasses. Face-shields are recommended when the operation can
generate splashes, sprays mar wilts.
HAND PROTECTION:
Wear appropriate JmporvlOus gloves for routine Industrial use. use impervious gloves for
So I rtspmse, as stated In Section 6 of this SDS (Accldental Release Measures).
Page 67 of 75
69
COMPANY IDENTITY: Unsvar DATE: 07/22/15
PRODUCT IDENTITY: Liqulchlor 10 16% (Sodium Hypochlorile 10-26%) PAGE: 5 Of 0
SECTION R. EXPOSURE CONTROLS/PERSONAL PROTECTION (COMM1ED)
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 L0: Other chemicals which may be handled, physical requirements (cut/puncture
protection, dexterity, thermal Protection), potential body reactions t0 glove materials,
as well as the Instruc t tons/specif scat ions 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,
,OAK 6 HYGIENIC PRACTICES:
Provide readily accessible eye wash stations B safety showers.
Nash at end of each workshift 6 before eating, smoking Or using the toilet.
Promptly remove clothing that becomes contaminated. Destroy contaminated
leather articles. uundlr or discard contaminated clothing.
SECTION 9. PHYSICAL 0 CHEMICAL PROPERTIES
APPEARANCE: Liquid, Clear, Yellow to Vellow-Green
ODOR. Ch lo rinr-lik PM17t
ODOR THAFSmDt0: (deticti f ar Chlorine
p (Neutrality): l2 - 14
(I% Solution)_
MESTING POINT/FREEZING POINT: •17 C / -17 F
BOILING RANGE (IBP,SO%,Dry Point): 140 C / 204 F
FLASH POINT (TEST METHOD): Not Applicable
EVAPORATION RATE (n-BUTYL ACEtATt•1): Not Applicable
FLAMMABILITY CLASSIFICATION: Non-Combustible
LOITER FL/IRABLE LIMIT IN AIR (% by volt: Hot Applicable
UPPER FLAM1tA6LE LIMIT IN AIR (% by Vol): Not Available
VAPOR PRESSURE (mm of Hg)@29 C 12 (12.5% Solution)
VAPOR DENSITY (sir4): 9.679
GRAVITY @ 60168 F / 20/2e C:
SPECIFIC GRAVITY (Hate"l): 1.17 - 1.22
POUNDS/GALLON: 9.75 10.20
WATER SOLUBILITY: Complete
PARTITION COEFFICIENT (n•Octane/Mter): Not Available
ALTO IGNITION TEMPERATURE: Not Applicable
DECOMPOSITION TEMPERATURE: Not Available
VOC'S (HO.Ad Lbs/Sq in) 0.0 Volt /a.0 SA / 0.909 Lbs/Gal
TOTAL VOC'S (TVOC)•: 0.0 Vol% /0.8 g/L / Q.000 Lbsi Gal
NONEXEMPT VDC'S (CVOC)': 9.0 Vol% /0.0 g/L / 0.NO Lbs/Gal
HAZARDOUS AIR POLLUTANTS (RAPS): 0.e WM% /0.0 g/L / 6,006 Lbs/Gal
NONEXEMPT VOC PARTIAL PRESSURE (" of Hi (1 20 Cl 0.0
Using California South Coast Air Quality Management District (SCAQPO) Rule 443.1.
SECTION 10. STABILITY 6 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 6 corrosive fumes including,
Chlorine, phosgene, 6 hyydro en chloride. The substance is A strong oxidant 6 Watts
violently with combustible A reDucing materials. Reacts with "ter $,"rating sufficient
heat to 1$nitr combustible materials. Reacts violently wl th strong aC 10s, causing fire A
explosion hazard. Attacks many plastics, rubber, coatings, many metals, such as aluminum,
zinc, tln, 6 lead. forming flaa"ble/explosive gas (hydrogen).
Reacts with immunlua salts to produce ammonia 6 causing fire hazard.
Rapidly absorbs Carbon dioxide 6 water from the air.
PaF 68 of 75 70
COMPANY IDENTITY UniVAr DATE: 07/22/15
peOOtKT IDENTITY: ltqulchlor 10 16% (Sodium Hypochlorite 10-16%) PAGE: 6 OF g
SECTION 20. STABILITY a AEACTiVITY (CONTIWIO)
HAZARDOUS DECOMPOSITION PRODUCTS
Hydrogen Chloride, Phosgene, Sodium Omide a Hydroxide from heating.
HAZARDOUS POLYMERIZATION
Will not acur.
SECTION 11, TOXICOLOGICni tNFORMATION
ACUTI MZARISS
EYE a SKIN CONTACT:
Severe burns to skin, defatting, dereatltis.
Severe burns to ryes, redness, tearing, blurred Y1sion,
liquid can cause severe skin A eye burns. hash thoroughly after handling.
INHALATION:
Severe respiratory tract irritation hay occur. vapor harmful. The applicable occupational
evpoSure limit value should not be exceeded during any part of the working exposure.
S'NALLOWING:
Harmful or fatal if swallowed.
SUBCHRONIC NAZAAOS/COMIT IONS AGGRAVATED
CONDITIONS AGGRAVATED:
Sodiumn Hypochlorite, a component of this product, is a sensitizer. prolonged or
repeated Skin contact can result In the dtrelopment of &she,, welts, and other
allergy-like syptms.
CHRONic HAZARDS
CANCER, REPRODUCTIVE a OTHER CHRONIC HAZARDS:
this product has no carcihogens listed by ZAAC, Rip, NIOSH,
OSHA or ACGIH, as of this date, greater or equal to 0.2%.
MU/AGENICITY: This product is not reported to product mutagenic effects In humans.
Nuean mutation data are available for Sodlum Hypgchlorlte Is component of this product);
Lhasa data are 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 •lcro•organismx are available for Potassium Hydroxide.
EMBRYOTOXICITV: This product is not reported to produce embryotozic effects In humans.
TERATOGENICIM this product Is not reported to produce teratogenic effects in humans.
a EPNODUCTIVE TOXICITY: This product 1s not reported to cause reproductive effects in humans.
A mutaa:en Is a Ch"ICal which causes Permanent changes to genetic material (DNA) such that
the changes will propagate through gener+tional lines. An Mryotox An is a chemical which
causes damage to a devtlgping embryo (such as: within the tiggt weed of pregnancy In
Means), but the damage does not propagate across generational lines. A Sqrj oAen is a
chemical which causes damage to a developing fetus, but the damage does not propagate
across generational lines. A r;grpdUctjvf toNin is any substance which interferes in any way
with the reproductive process.
MAfMALIAN TOXICITY IWOM%TION
SODIUM IIVOAOXIDE:
Eye irritancy (monkey). 1%, 24 hours (Severe)
Eye Irritancy (rabbit)'. 500 el, 24 hours (severe)
Eye trritancy (ra001t : 1t solution (severe)
Eye irritancy (rabbit): 1 mg, 24 hours (f Were)
Cytogenlc analysis system (grasshopper parenteral): 20 mg
L050 (Snterperocteai, mouse): 40 mg/kg
LOLo (oral, rabbit): S00 mg/kg
Page 69 of 75
71
COMPANY IDENTITY: Lin ivar DATE: 07/22/16
PRODUCT IDENTITY. Liquichlor IB 16% (Sodium HypoEhlorita 10 If,%) PAGE: 7 OF g
SECTION It. TOXICOLOGICAL INFORMATION (CONTINUED)
MAMMALIAN TOXICITY INFORMATION (CONTINUED)
SODIUM HYPOCHLORITE:
Eye effects (Adult Rabbit); Moderate Irritation effects
Microsomal Hula6eniticity Assay (Salmonella typhiwunim)' I mg/plate
Cytogenetic Analysis (Human): Lymphocyte, 188 ppm/24 hours.
TOLD, Oral (Homan): 1 g/kg6, Central nervous system effects, blood pressure effects
TOLD, Intravenous (Man): 45 Rg/kg, Pulmonary system , LDSB (Oral, mouse): 5000 mg/kg
SECTION 12. ECOLOGICAL INFORMATION
ALL "K PRACTICES MUST BE AIMED AT ELIMINATING ENVIRONMENTAL (WAMINAILON.
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 anlmalf.
EFFECT OF MATERIAL ON AQUATIC LIFE:
LC50 (Bluegall sunfish): 2.90 mg/L/96 hours
LCSO (Pimaphalcs prame 4s): 1.40 mg/L/96 hours
LCSO (O corhynchus Nykifs): 0.90 mg/L10.5 hours
The substance is toxic to aquatic organisms.
The substance may be nazardaus In the QAYImnaent.
Special attention Mould be given to water organisms.
MOBILITY IN SOIL
Mobility of tnls material his not been determined.
DEGRADABILITY
This product Is completely biodegradable.
ACCUMULATION
Bloaacwlstion of this product has not omen determined.
SECTION 13. 015POSAL CONSIDERATIONS
Processing, use or Contamination may change the Waite management options.
MC cle f dispose of observing national, regional, state, provincial and local
health, safety A pollution laws. If in doubt, contact appropriate agencies.
SECTION 24. TRANSPORT INFORMATION
IF ) 625 LB / 284 KG OF THIS PRODUCT IN 1 CONTAINER,
IT EXCEEDS THE -RQ- Of SOOIUP1 HYPOCHLORITE.
DOT SHIPPING NAME: UNI791, Hypnchlorite Solutions, 8, PG-III
DRUM LABEL: (CORROSIVE)
EMERGENCY RESPONSE GUIDEBOOK NUMBER: IS4
Pane 70 of 75
72
COMPANY IDENTITY: Onivar DATE: 07/22/iS
PRODUCT IOENTITV: W76695 PACE: B OF 9
SECTION 15. REGULATORY INFORMATION
EPA REGULATION;
WA 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 1n amounts greater or equal to 1%.
SAM TITLE III INGREDIENTS CASE EINECSM WT% (REG.SECTION) RQ(LBS)
Sodium Hypochlorite 7691.52.9 x 16 (331,312) 100
Sodium Hydroxide 1310.73 2 <> 1.75 (111,311) Mae
> 625 L6 1 214 KG OF THIS PRODUCT IN 1 CONTAINER EXCEEDS THE -RQ- OF SODIUM HYPOCHtOP I TE.
Any release equal to or eviceeding the RQ most bm reported to the National
Response Center (M-4214802) And appropriate state and local regulatory
agencies as described in as (FR 302.6 and N CFR 355.40 respectively.
Failure to report may result in substantial civil and criminal penalties.
State A local regulations may be more restrictive than federal regulations.
STATE REGULATIONS:
CALIFORNIA PROPOSITION 66: This product contains no ch"Icals
known to the State Of California to cause cancer B reproductive toxicity.
U.S. STATE REGULATED COMPONENTS: (HAZARDOUS SUBSTANCE LISTS):
.OPAONENT AR 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 R1 TX WV W1
Sodium Hypochloritt No Yes Yes No No No Ro No
Sodium Hydroxide Yes Yes Yes Yes Yes Yes Yes Yes
IWtERNA7IONAL REGULATIONS
The components of this product Are listed on the chemical inventories of the
following Countrlts:
Australia (AICS), Canada (DSL, NOSL), China (If(SC), Europe (EINECS, FLINCS),
Japan (NEII/(SCL, PWW/I5ML), South Korea (KE(I), New Zealand (NZIOC),
Philippines (PICCS), Switzerland (SWISS), Taiwan (NECSI), USA (TSCA).
CANADA: WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (LRMIS)
C: OmidilEng Material,
026: Irritating to skin / eyes.
E: Corrosive Material.
SECTION 16. OTNER INFORMATION
HAZARD RATING5:
HEALTH (NFPA): 3, HEALTH (MIS): 3, FLAMMABILITY: 0, REACTIVITY: i
(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 5 MIS hazard rating systems.
EMPLOYEE TRAINING
See Section 2 for Risk 6 Safety Statements. Employees should be made aware
of all hazards of this matorlol (as stated in this SDS) before handling it.
Page 71 of 7n 73
Notice
ORCPP Notice
ORCPP Bid/RFP
Salem,City of(ORCPP(
Dense Soda Ash
O,dy Manual Bid,Aftw.d
pass 1 a 2
Mswed By Notice a
sawn,Co,O1: p: K50043.1670 7 4-1 6
)))tba ,& SE R.310
Seem Ca 0130, P.M.1,Data a Thna
COAMtt uroaq 0aganon 4"Inois I t9 AM
Phony. 'jf101 N1-03 CMaing DIM a Tima
Fat. 043012214 li W-00 AM
Eneall Twmv U.,
__Peary 3Mro
Miwad For It)al[a rrt.Tllmlym'
Sane".cool(oncppiR.
)S)E eery SL 310
Salem CA a]y01 Room pw
.CnacNvnM W Nd EaMI
Oryan.uelp,AM k..M on,Mot a.hl
Ovcu out Mr 1IOrmw Go Nor Us'
C,a,pany Nap
Addfoaa
City State .:p Cords
!wail
Flo Rs0ar41 awainefa f abarl
Asaw Oen: Bidder yet lift Flo
IM bt enter SSNI
OBeny Connanls
"Out,Swwwtry
lT'i OF IRLEN, CAKAoM - COIm1l : a w0-UAv4LWT DIVISION
INVTTAT30N TO 910 - boost SODA me
9b City Of 561H P'CLLy1 w111 receive matad bids at the COACCACES s Pfacutvnent 0lytaidn, Office of
the CAntracta t Plotureawnt Hanger. Rings )30, SSS Liberty Street it. City Nall, Sa1H. Orrgoa 97301,
until, out not site, 1L'OD A.M. ILOCAL TINE:. "NIL 20, 2014, at wNieh %ice said Lida w11t ba pubiacly
Corned a" road LA the fab13C OCtkt Conference Aoan 32S, City Nall, for the p16341ct AaaCribed balhw
and specified within the l lacitatlon dpewents. CORtratta and Pt0CUYm4nt Dlytaig offeea [rows are
Monday-rrldsy free 0:00-12:00 Morn and grow ):00-5:00 PH,
.................... ....... •NOTICt. ..................................
'taADOAS interested to bidding an LAIN ptp24ct by taaaive the copy of the bid dorinwnts at the
COnet.tta a Ptecwrmannt 031rr43pn, office of the Cdnttacts end PrOCUTewant Manager, S55 Liberty Street
SE, apow )10. sales. Ofegm'- 97301, tOIOPh114 w)OIi $01-4134 Ot by AWMitting a aepiwst to
rw.<ityp[a1H.net/LdAeg,,,u.. F.4 ^.c_nen.;a for this prc3aet may M noiewtd at Ems Office until
the clpunq date And ties
i
ewvswa uera
Page 72 of 75 74
ORCPP Notice
ORCPP Bid/RFP
Salem,City Dt(ORCPP)
Dena*soda Ash
Only Manuel&ds A9owad
Nadu♦'. KSOOa3-0001416
Page 7 el 3
................................................................I...........
Aide must be Submitted on the old to. furnlanad Oy the City. Bids shall be submitted In a sealed
ahnlepe Plaint, narked -210 be DENSL SODA MR - BID SO. 16101" and snow the news and business
address at tht bidder.
The City reserves the fight to cancel this prow nteen< at relaCt any or all from, when the
-anceflattdm as ra3ection it In tAs but interest of the City. Prices quoted alibis be hate offers,
irrevocable, valid And bindlnq for a pe[iod of thirty 430) calf Oar days afcu The Clollnq dace.
The Attention of bidders is dtr,cted TO the pwvtaiem of chapter 91, s6am Revised COW, ColUtrhisp
unlawful employment practices. violation of Such provisions atoll be groines foe Immediate
ttraifatten of this contract without rst000e by the successful girds r.
Successful blddIre And aubcant ra<tors shall Ater recyclable products to the rexlaen erttnt economically
feasible in The, Performance of the contract wart.
The City cwncll or the City his approved Salem Aevisal Code (SAC. 3.3404b), vh ICA prcvlWS for
Contractor Disclosure requirements In City contracts. All bidders swbml:ti ng S bid In raspmse to
this invitation to Old are cncouragad to reviev thSae requirement$ when preparing their competitive
bid
TM City rs an 94ua1 fmplCybent OpperCunity teploysr. The City will provide Atir. accumaatlatianm upor.
rAqueSt to the Contreras t Procurement Administrator.
Almhtts Pit;"": It is the aspre,S w:11y of the City that no person shall me exeluWd fren
participation in. ON dthled the bemhta of. or m Otherwise aub)ected to dtitrisrnatim under any
pr[gfalr dt Activity on the gr:Nilda Of HCt, religion, Colors mattonal origin. ten. marital status.
tmsilial status or domestic partmrship, ags, mental of physical disability. Sexual orientation,
gemar identity or bout" of lr.Com as provided by Salon Revised COW Chapter 01, Title vl of IRS
Civil Aloha, Act at NH and ethec feWral mil-tlisrrialmaon laws. The city*, complete Title vl PISA
may be vlewsd at ww.0ityOftalam.mt. Suc"SSNI bidder agrees to comply with all appliCnIt
sew lreaenu of federal, rut, and local civil rights and rehabilitation statute,. rules And
regulations It awarded a contract by the City.
soh/UtetIMA for Subcont ycts. fncludinq Pracureser.ts of materials And tquspaant: In All
Solicitations tither by competitive bidding or mgdttAti0n etAW by the Sureeuful finger for wort to
AS Performed unto, a subcontract. Including procurgante of ,*rasaI, or leaves or equipment, uAi
pottptlal subcoctuetor or supplier "it be notified by tee Successful bidder Of the Succentul
gitlWr`a obligations under this conta.Ct, $11. Revised Code Chapter 91, Title VI of the Civil Might.
Act of 1964, and ocher federal MndueRminat ion laws.
The City Buyer for this bid is Lindsay Rsrgtraon, Phone: 39)-3gg-609). full.
l lbergsrwngcit yet sa l ee,net
Dolvery RegwYemenud -J-
P,V.&mI Tana
Net, SO
Paymanl Tam Com•nanu
fOB
❑ImL Applicatt.l
WMry Comments
sLl Ult!61l N W
Page 73 of 75 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 7 6
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 of 75 .7 7