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HomeMy WebLinkAbout2015-06-23 - AGENDA REPORTS - POOL CHEMICAL CONTR CITY POOLS (2)Agenda Item: 8 CITY OF SANTA CLARITA Q) AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: June 23, 2015 SUBJECT: POOL CHEMICAL CONTRACT FOR CITY POOLS DEPARTMENT: Parks, Recreation and Community Services PRESENTER: Rick Gould RECOMMENDED ACTION City Council: Award a contract to Waterline Technologies, Inc. for pool chemicals, for an initial term of one year, with the option of two additional renewals in an amount not to exceed $90,429.36 annually. 2. Authorize the City Manager, or designee, to modify the award in the event issues of impossibility of performance arise, subject to City Attorney approval. Authorize City Manager, or designee, to execute all documents, subject to City Attorney approval, and execute two renewals at an annual cost not to exceed $90,429.36 plus the cost of any Consumer Price Index (CPI) increases. BACKGROUND The City of Santa Clarita (City) operates and programs six aquatic facilities, which include five community pools and the Aquatic Center. In order to safely and legally operate these facilities, various chemicals are required to maintain proper water balance and to meet sanitation standards and requirements. In May 2015, the City Purchasing Division in cooperation with the Recreation Division, issued an Invitation for Bid for the supply of pool chemicals for all City pools. The bid was publicly advertised on Planet Bids on May 15, 2015 and was sent to 303 vendors. The bid was downloaded by 17 vendors and responded to by seven vendors. Purchasing opened bids on May 28, 2015, with the following results: ppp- Ju'Jfl'SD 0 Page I Packet Pg. 80 Vendor Wintersun Waterline Technologies, Inc. C.A.S. Intervalley Pool Brenntag Pacific Univar Leslie's Poolmart Location Ontario, CA Santa Ana, CA Anaheim, CA Pomona, CA Santa Fe Springs, CA Kent, WA Phoenix, AZ Cost $13,968.96 (partial) $90,429.36 $93,404.28 $109,466.52 $117,868.74 $122,647.89 (partial) $128,069.22 An evaluation of the bids determined the proposal submitted by Waterline Technologies Inc. to be the lowest, responsive, responsible bid. Among the seven bids submitted to the City, two partial bid responses were received. Staff has determined awarding to a single vendor will provide for the timely delivery of all necessary pool chemicals and is consistent with our Aquatics operational best management practices. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT The funds for this expenditure have been requested in the Aquatics operating accounts as part of the Fiscal Year 2015-16 budget and are contingent upon appropriation of the funds by the City Council. ATTACHMENTS Waterline Technologies, Inc.'s Bid (available in the City Clerk's Reading File) 0 Page 2 Packet Pg. 81 FOR PUBLICATION Friday, May 15, 2015 NOTICE INVITING BIDS Bids must be received electronically before 11:00 AM on Thursday, May 28, 2015, by the Purchasing Agent of the City of Santa Clarita. Electronic bids may be viewed at. http://www.planetbids.com/portal/portal.cfm?CornpanylD=16840# PR -14-15-24 CITY OF SANTA CLARITA POOL CHEMICALS FOR MULTIPLE CITY POOLS Specifications for this bid may be downloaded from the City's Purchasing website at www.santa-clarita.com/purchasing. Please refer to specifications for complete details and bid requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. Purchasing (661) 286-4193 CITY OF SANTA CLARITA INVITATION FOR BID BID # PR -14-15-24 BID OPENING: May 28, 2015 The City of Santa Ctarita invites electronically sealed bids for: CITY OF SANTA CLARITA POOL CHEMICALS FOR MULTIPLE CITY POOLS 1. Electronic Bids must be ELECTRONICALLY received at: http'/Iwww planetbids com/portal/portal cfm?CompanvlD=16840# 2. Prices shall be D.D.P. City of Santa Clanta Receiving dock Incoterms 2000 or for the service rendered. 3. Bidder shall honor bid prices for ninety (90) days or for the stated contract period, whichever is longer. 4. Bids must be on this Bid form. Submission of a proposal acknowledges the proposer has read and understands the requirements contained on pages 1 to 16. 5. 5. Bid Questions. Questions should be submitted electronically to: http7i/www.planetbids.coi)i/portal/portal.cfm?CompanvlD=l 6840# The last day for questions will be 5:00 PM, May 22, 2015. 6. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. 7. Renewal and Pricing Adjustment. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to two times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area - Riverside -Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract- If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. Name (Print):764DAA45'\-6-04��y Company: Waterline Technologies Email*I'NIJ Address: 620 N. Santiago St Company Phone No.. 714-564-9100 qty_ Santa Ana State/Zip: CA 92701 Bid # PR -14-15-24 BID INSTRUCTIONS 1. Submitting Proposals. (a) The bid response must be ELECTRONICALLY submitted on this form and include the notice, Request for Proposal Schedule, and all forms or information included In or required by Section C, Specifications, (attachments accepted) (b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for bids not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. Payments will be made in Unite States Currency. 3. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The City has the option of accepting or rejecting any alternative bid. 4. Environmentally Preferable Purchasing. The City of Santa Clarita, being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post- industrial and post -consumer material. Bidders are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 bidders are required to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. 5. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no response to this bid. 6. Refection. The City reserves the right to reject any or all bids and to waive any informality in any bid. The City may reject the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. T Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It is the bidder's responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the bid to make certain the package is complete and all required addenda are included. This information will be available from the City's website. Bidders are cautioned against relying on verbal information in the preparation of bid responses. All official information and guidance will be provided as part of this solicitation or written addenda. - 8. Awards. The City will award in accordance with S.C.M. C. § 3.12.205 (Support of Santa Clarita Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public works, professional services or is federally funded. Qualifications of responsibility will be in accordance with the. S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services resulting from this solicitation. The City may make an award based on partial items unless the bid submitted is marked "All or none." Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The results of the bid will be posted on the City's website at www.santa- clarita.com/purchasing, normally within 24 hours. Bid#PR-14-15-24 2 9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy -back" procurements. 10. Amendments. Any and all changes to this contract must be made in writing and agreed to by the City. Performance by the contractor will be considered agreement with the terms of this contract. 11. Taxes Charges and Extras. (a) Bidder must show as a separate item California State Sales and/or Use Tax. (b) The City Is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. Contractor/vendor agrees to cooperate with the City in all matters of local taxation. 12. Payment. (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. 13. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 14. Sub contractors. For all public projects, the Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 15. Prevailing wage. For all public works, the Bidder is required to bid prevailing wage. For the purposes of this paragraph, public works includes maintenance. The City of Santa Clarita Labor Compliance Program is included herein as an informative reference for the successful bidder. It does not require any completion prior to contract award but should be reviewed for all necessary provisions and requirements. 16. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 17. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. 18. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least 10% of the total value of the bid OR 10 % of the value of the 1 " year of service for service bids, to guarantee that bidders will enter into contract to furnish goods or services at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California. Likewise, a Performance Bond and/or Material and Labor Bid If PR -14-15-24 3 bonds shall be required of the successful bidder when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words "BID BOND FOR" and the bid #, "NO LATER THAN the bid due date and time, for the vendor to be considered responsive. 19. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be "Primary and Non -Contributory" and must name the "City of Santa Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker's Compensation (statutory requirement). For professional services, Professional Liability with a Ilmit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a bidder. 20. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Bidder is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) 21. Specifications. Materials differing from slated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 22. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict bidders to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supercede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 23. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 24. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term of this contract. The City does not pay "surcharges" of any type unless identified in the response to this bid. All costs will be included in the pricing provided to the City. 25. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City's legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year's payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of funds at the earliest possible date. Bid # PR -14-15-24 26. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting from this bid, the vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 27. Termination. The City may terminate any service or contract with or without cause either verbally or in writing at any time without penalty. 28. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this bid will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 29. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same remedies against the Contractor as the City could pursue in the event of default by the Contractor. 30. Invoices. Invoices will be forwarded to City of Santa Clarita Accounts Payable 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. Bid # PR -14-15-24 C. The City of Santa Clarita is soliciting bids for pool chemicals to be used at various aquatic locations within the City. The quantity listed below is only an estimate of the quantity that will be required through the initial term of the contract and does not constitute a commitment or a guaranteed order quantity. No subcontractors are allowed for this bid. All drivers and staff must be employed by the awarded vendor. Material Safety Data Sheets are required for ALL products delivered with first delivery of each chemical. 2. Chemicals are required year-round with the following approximate frequency SEASON DELIVERY FREQUENCY Summer (mid-June to mid -Sept) Weekly @ 6 pools. Deliveries to be made weekly on Mondays. Fall (mid -Sept to Nov) Weekly @ 1 pool, will call as needed @ 5 pools Winter (Dec to March) Weekly @ 1 pool, will call as needed @ 5 pools Spring (April to mid-June) Weekly @ 1 pool, will call as needed @ 5 pools 'The Aquatic Center may require bi-weekly deliveries June through September and weekly, September through June. 3. 4. 61 Chemicals are to be delivered to the following 6 locations as needed: NEWHALL POOL 24907 Newhall Ave. Newhall, CA 91321 (661) 799-1050 SANTA CLARITA POOL 27285 Seco Canyon Rd. Saugus, CA 91350 (661) 284-1470 VALENCIA MEADOWS POOL 25671 Fedala Rd. Valencia, CA 91355 (661) 284-1464 NORTH OAKS POOL 27824 N. Camp Plenty Rd. Canyon Country, CA 91351 (661) 284-1471 VALENCIA GLEN POOL 23750 Via Gavola Valencia, CA 91355 (661) 284-1467 AQUATIC CENTER 20850 Centre Pointe Pky. Santa Clarita, CA 91350 (661) 250-3791 Delivery times are Monday through Friday, anytime between 7:00 a.m. and 7:00 p.m. Driver must carry keys. The Pools are not staffed year round to allow access. The maximum time between a call for delivery and actual delivery should be no more than 2 working days. 6. Orders to be placed by Pete McJunkin, Lance O'Keefe or Doug Botton, only. gid # PR -7455-24 Contact phone numbers: Pete McJunkin (661) 250-3781, Lance O'Keefe (661) 250- 3767, Doug Botton (661) 250-3772. Do NOT contact staff for questions on this bid or anything with regards to this solicitation. Contact numbers are for use by awarded vendor only. 8. Chemical requirement descriptions: CHEMICAL a. Sodium Hypochlorite common name — Chlorine 10-15% b. Hydrochloric Acid common name — Muriatic Acid formula — HCI c. Sodium Bicarbonate common name — Baking Soda formula — NaHCO3 d. Sodium Thiosulfate only) e. Soda Ash f. Hydrochloric Acid (25 %) common name — Muriatic Acid formula — HCL APPROXIMATE AMOUNTS = FY 15-16 60,000 gallons annually (bulk delivery only) 1,500 gallons annually (in 4x1 cases) 12,000 lbs annually (50 Ib. bags only) 400 lbs. annually (50 lbs. bags or smaller 400 lbs. annually (50 Ib. bags only) 17,000 gallons annually (bulk delivery) g. Calcium HypoChlorite 1,500 lbs. (100 Ib containers) Common name — Dry Chlorine powder 9. The bulk tank capacity at each pool site are as follows: a. Newhall: 2 tanks @ 500 gallons (chlorine) and 350 gallons (acid) b. North Oaks: 2 tanks @ 500 gallons (chlorine) and 350 gallons (acid) c. Santa Clarita: 2 tanks @ 500 gallons (chlorine) and 350 gallons (acid) d. Valencia Glen: 2 tanks @ 500 gallons (chlorine) and 150 gallons (acid) e. Valencia Meadows: 2 tanks @ 500 gallons (chlorine) and 150 gallons (acid) f. Aquatic Center: 2 tanks @ 1000 gallons each (chlorine) and 1 tank @ 600 gallons (bulk acid) 10. The average amount of Sodium Hypochlorite delivered at one time varies with the season and the weather. Summer weekly fill ups may range from 70% to 100% of the capacity. The fall bi-weekly may be nearly the same, but it is difficult to determine due to the weather and usage. 12. The Hydrochloric Acid cases must be returnable. Bid # PR -14-15-24 13. The approximate distances from the truck access area to the area that the tanks are located are as follows: Newhall: 60 feet North Oaks: 60 feet Santa Clarita: 40 feet Valencia Glen. 60 feet Valencia Meadows: 30 feet. Aquatics Center: 10 feet 14. Vendor must comply with all DOT safety regulations. 15. Vendor's delivery service must comply with City Safety Standards including, but not limited to: a. individuals use of safety gear b. indirect vented chemical safety goggles c. respiratory protection d. aprons or full chemical resistant body suits e. footwear protection against chemical splash 16. At time of delivery, vendor delivery personnel will place orange cones around areas where delivery lines run through sidewalks, driveways or any public access area, to warn the public of possible danger of pressurized delivery lines or trip hazards. 17. Vendor MUST be able to meet and carry ALL insurance requirements throughout the length of the awarded contract. Any vendor not able to provide the proper insurance will be considered "not responsible' whether they are the lowest responding bid or not. 18. The city anticipates the start date of the contract from this bid award to begin July 1, 2015 and ending date is to be June 30, 2016. Each possible renewal will also have a starting date of July 1 and ending. date of June 30, in each year. All responding vendors should be aware of this timeline as the timeframe for completing a contract will be VERY short and the schedule for the first delivery will be shorter as well. Bid R PR -14-15-24 0 SAMPLE CONTRACT MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARIT'A AND FOR THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY") and ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A, As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set forth in the attached Exhibit " ," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONT'RACfOR's invoice. 2. 'PERM. The term of this Agreement will be from , to The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit " B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CON'T'RACTOR by this Agreement. 4. PREVAILING WAGES. A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CON PACTOR's responsibility to interpret and Bid # PR -14-15-24 implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws and to indemnify, defend, and hold harmless CITY as against any claim, demand, or imposition of penalties, interest, or damages of any kind arising out of Labor Code § 1726, § 1771.6, o any other provision of the California Prevailing Wage Law. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing Wage Determination at www.dii,.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at thejob site. B. If this contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, then it is also subject to the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions.'1'lie Contractors and its subcontractors shall pay not less than the state wage rates and shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program, A copy of the Labor Compliance Program is available for review upon request at the Office of the City.Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. C. Protection of Resident Workers The City of Santa Clarita actively supports the hmnigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: Thoroughly investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If 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, before commencing the services hereunder. Should CONTRACTOR discover any latent or Bid # PR -14-15-24 10 unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement Pollution, Excess liability and Cargo insurance as required when delivering chemicals B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGI, Form No. CG 00 01 11 85 or 88. The amount of insurance set froth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an `occurrence," not a `claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance of copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments clue to CONTRACTOR under this Agreement or terminate. in the alternative, should CONTRACTOR fail to meet anv of the insurance recuirements under this agredment. City may cancel the Agreement immediately with no penalty. F. Should Contractor's insurance required by this Agreement he cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt Bid # PR -14-15-24 11 of notice of cancellation. Furthermore. CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation CONTRACTOR must ensure that there is no la se in covcra e- 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. S. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure oil its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contactor and will have contol of all work and the manner in which is it pertbnned. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides faits employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. Bid 9 PR -14-15-24 12 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: B- When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a 'taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any. breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either Party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17, WAIVER Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. Tlus Agreement was dialled in, and will be construed in accordance with the laws of the Slate of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon Bid # PR -1415-24 13 CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in -connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between ally provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there are additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oml or written. 24. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 25. ELECTRONIC TRANSMISSION OF CONTRACTAND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. (SIGNATURES ON NEXT PAGE) mid * PR -14-1524 14 IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of FOR CONTRACTOR: By: Do Not Sten Sample onto Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, COPY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNCY LIN City Attorney Date: Bid S PR -14-15-24 15 E. PRICING 1. Sodium Hypochlorite price/gallon $ 94 X 60,000 gallons annually (bulk delivery only) $_56,400,00 2. Hydrochloric Acid/ price/gallon $ 12.80 Muriatic Acid X 1,500 gallons annually (in 4x1 cases) $ 4,800.00 3. Sodium Bicarbonate price/50 Ib. bag $ 15.70 X 12,000 lbs annually (50 Ib. bags only) $ 3768.00 4. Sodium Thiosut6te price/50 Ib bag $ 19.28 X 400 Ibs. annually (50 lbs. bags or smaller only) $ 154.24 5. Soda Ash price/ 50 lb. bag $ 14.25 X 400 lbs. annually (50 Ib. bags only) $ 114.00 6. Acid —25 % (bulk) price/ gallon $ .96 16,320.00 X 17,000 gallons annually (bulk delivery) $ 7. Calcium HypoChlorite price/100 kb. Bucket $ 133.95 X 1,500 lbs. (100 Ib containers) $ 1,406,48 8. SUBTOTAL (ADD LINES 1-7) $ 82,962.72 9. CA Tax @.09% (if applicable) $ 7,466,64 10. Delivery Costs $ 0 00 TOTAL (ADD LINES 8,9 AND 10) $ 90,429.36 Bid # PR -14-15-24 16