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HomeMy WebLinkAboutR-2019-059 Purchase Snow and Ice Control Materials from Central Salt LLC and Scotwood Industries RESOLUTION NO. R-2019-059 A RESOLUTION APPROVING THE PURCHASE OF SNOW AND ICE CONTROL MATERIALS FROM CENTRAL SALT LLC AND SCOTWOOD INDUSTRIES INC THROUGH THE MID AMERICA REGIONAL COUNCIL AND KANSAS CITY REGIONAL PURCHASING COOPERATIVE BID NO 87 AND NO 66 WHEREAS, the City has a need from time to time for snow and ice control materials, the exact quantity of which cannot be ascertained and depends upon variable weather conditions; and WHEREAS, the City of Riverside in the adoption of its purchasing policy has approved the practice of purchasing goods and services from competitive bids awarded by other governmental entities through the cooperative bidding process when the best interest of the City would be served; and WHEREAS, the City of Riverside participates in the KCRPC and is a member of the Mid-America Regional Council; and WHEREAS, in the bid documents for snow and ice control material from MARC/KCRPC, Central Salt, LLC, and Scotwood Industries, Inc. provided for the term of the agreement to be from June 1, 2019 to May 31, 2020 with the option to'renew in writing for four (4) one-year renewal terms; and WHEREAS,the Board of Aldermen finds it is in the best interest of the City to purchase the needed snow and ice control materials on an as-needed basis from the MARC/KCRPC, Central Salt, LLC, and Scotwood Industries, Inc. through the cooperative bid No. 87 and No. 66 as detailed in the Attachment A and B, and is in the best interest of the City because the City can purchase snow and ice control material on an as-needed bases utilizing the cooperative purchasing bid No. 87 and No. 66, which would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Board of Aldermen approves the purchase of snow and ice control materials with Central Salt, LLC and Scotwood Industries, Inc. through the MARC/KCRPC Bid No. 87 No. 66 described in the attachment hereto; and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized- to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution. FURTHER THAT the City Administrator is authorized to execute on behalf of the City four (4) one-year renewal periods with Central Salt, LLC and Scotwood Industries, Inc. through the MARC/KCRPC Bid No. 87 and No. 66, and any extension thereof for one or more one-year periods shall be contingent upon the annual appropriation of funds for such purpose. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri,the 18th day of June 2019. Mayor Kathleen L. Rose Robin Kincaid;' ii Clerk RPC NOTICE OF MARC/KCRPC CONTRACT MODIFICATION DATED: June 11,2019 Bid Title: Yearly Contract for Snow&Ice Control Materials Bid/Contract No. 87 Contract.Modification No.: 1 Contract Period: 6/1/19 to 5/31/20 Contract Renewal: - Contract Renewal: - Contract Renewal: - Contract Renewal: - CONTRACTOR: Lori Young P. 620-257-5626 ext:505 Customer Service Supervisor F.620-257-5052 Central Salt, L.L.C. Email: lyoung@centralsalt.com 1420 State Highway 14 Lyons, Kan.,67554 MODIFICATION TO ORIGINAL CONTRACT: The original contract issued June 1, 2019,is revised as follows: • City of Riverside, Mo.,4200 NW Riverside,Riverside, Mo.,64150 Tom Wooddell, Public Works Director 816-372-9050 Straight salt—estimated 2,000 tons $71.02 per ton,delivered • City of Weston,Mo.—725 Market St.Weston, Mo. 64098 Mike Large,Superintendent, Public Works 816-640-5477 SnowSlicer—estimated 120 tons $82.01 per ton delivered By: CAQA ate....f Rita Parker, KCRPC Program Coordinator ori Youn Mid-America Regional Council Central Salt, L.L.C. June 11,2019 Date: Date: Copy to: Participants MID-AMERICA REGIONAL COUNCIL/KANSAS CITY REGIONAL PURCHASING COOPERATIVE 600 Broadway Suite 200—Kansas City,Mo.64105-1659 816-246-5083(FAX 816-421-7758) YEARLY.,..�,,,_..b..� -SALT&DEICER MARC/KCRPC BidNO.87 This CONTRACT, by and betweenMid-Arrmerlca_Regional Council/Kansas City Regional Purchasing Cooperative, ,hereinafter•referred.to as"MARC/KCRPC",.and Central Salt:LLC,hereinafter referred to as"Contractor"is effective this 1'�dayof'June.2019. WITNESSETH: WHEREAS,MARC/KCRPC does hereby accept,with_moddications,'if-any,the bid df Ce_neral Salt.I.I.C. The.bid document and submittal by Contractor,is made a,part,of,this contract.:'Awarded items Include: Item 1straight-road.salt.at$71:02/ton delivered v item 2 5nowslicerdeicerat$82.01/ton;delive- cl. NOW,THEREFORE,in consideration of the.mutual covenants contained:herein,the parties agree as follows: 1. SCOPE OF SERVICES` Contractor shall provide awarded items on an as-needed b,.asis,for MARC/KCRPC-Participants,-as specified on attached price sheet; Contract pricing is,riot.available'to"Nan-Participants. All sates Will be made in accordance wifh the prices,terms and conditions of the invitation far bid and any subsequent term contract.All sales to Participants or Non-Participants will be made on purchase orders issued by that jurisdiction:-All receiving,inspection,payments.and other procurement administration will.be the responsibility of the ordering Participant or Non-Participant: The Contractor shallfurnishfo MARC%KCRPC: a) Payment of the 1.5 percent:Administrative Fee to MARC/KCRPC,based on gross sales.for each month to Participants. All payments shall be made,payable to:Mid-America Regional Council(bid number and month of sales must be 7eferenced on each.payment.) Mail payment to Attn:Finance Department,MARC,6.00 Broadway Suite 200,Kansas.CltyMO 64105=1659: b) A composite report of all contract purchases against any and,all purchase orders issued against thN.contract. The report shall-be compiled and su6mitted to Program Coordinator _hy electronic_ mail Copies of 1n-voices may. he.submitted electronically;in lieu of a composite report: '2. CONTRACT TIME Contract is effective from June 1,2019 to May'31,2020with,the option to renew in writing forfour-(4)one-year,rene-wal periods. 3. INVOICES Invoices for orders placed by MARC shall be prepared-and submitted-in tripiicate'to the Participant,unless othervvlse, specified by the..Part'icipant-. All invoices shall contain the following information:contract number,purchase order number;catalog number,description,quantities,unit prices and extended totals. Invoices for and inquiries>regarding payment should be addressed to the ordering Participant:Paymentterms are Net 30. 4. . TERMINATION This contract may be.terminated by either party upon siAq(60)'caleridar days prior notice=in writing to the other party. The MARC/KCRPC and Participants may terminate this contract immediately,under breach'of contract,if the'contractor fails to perform in accordance with the terms and conditions of this contract: In the event,-of any'termination of contract by!he.Contractor that is not'due;to-the.breach of this Contract'by,or other Fault of,MARC/KCRPC orany P.art(cipani,the- Participantsmay purchase such suppliesand/or services similar to those so terminated,and for the duration of tfie ,. contract aeriod the Contractor will be liable for all costs in excess of the established contract pricing.. Page j of 2 f S. CHANGES AND ADDITIONAL SERVICES The MARC/KCRPC may at any time,by written order,make changes or additions,with.in the general scope.of this contract in ortaspecifications,.instructions for work,methods of shipment or packing or place of delivery..If any such change causes an increase or decrease in the.cost of or in the time required for performance of this contract or purchase order-,the Contractor shall notify MARC/KCRPC in-writing immediately and an-appropriate-equitable adjustment will be made in the price or time of performance,or both,by written modification of the contract. Any claim by the Contractor for such adjustment must be asserted within 30 days,or such other period as may be agreed upon in writing by the parties,after the Contractor's receipt of notice of the change. Nothing_ herein contained shall excuse the Contractor .from proceeding with the contract as changed. 6. CONFLICTS OF INTEREST The Contractor,_byacceptance of any purchase order resulting,from this bid,certifies that to the best of their;know ledge or belief;-no elected or appointed official of an0'articipanuis-financia11y interested,directly or indirectly,in the.purchase of the goods or services specified on this order. J .7. COMPLIANT WITH'APPLICABLE LAWS The Contractor warrants it has complied with all applicable laws,rules and ordinances of the United States,or any applicable state,municipality or any other Governmental authority or-agency in the manufacture or sale of the items covered by this order,including but not limited to,all provisions of the Fair Labor Standards Act of 1938,as amended. 8. NOTICES Any notice to any Contractor from MARCJKCRPC-relative to any part of this contract will be in writing and considered delivered and the servicethereof completed°when said,notice is posted,by certified or regular mail,to the said Contractor at his last giveit'address or delivered in person tosald Contractor or.his authorized representative: IN WITNESS WHEREOF,the-parties hereto have signed this CONTRACT: B �/ r,� gy: - Davidar.m Lori Young Executive Director Custorrier5ervice Superyfsor. . Mid-America Regional Council Central Salt,I.LC 600 BroadwayS.ukt 200 1420 State Highway 14 Kansas City;_Mo. 64105-1659 Lyons,iCan:,67554 P-620-2 57.5626.x 505`F. 620-257-5052 Email: Iyoune@centralsalt.com Date: Date: Qlstrlbu-Ion: Originals(2); _ Contractor MARC/KCRPC Protram Coordinator Staff contatr Rita Parker,K_RPCProgram Coardinator P.816.2d65083(P:816 421.7758) irnall: r;ta,oaYKer�kcroccnm Attachment Pricing Page 2 of 2 9 SID/CONTRACT#-8-7 SALT&DEICERS R Effective 6%1/19 to 5/31/20 pPC .(With four one-year renewal.options) CENTRAL SALT LLC Itemi 4 Description Unit :Est.Qty. Unit Price Total Price 1 . 5alt;straight Ton :11,7757102 $ 836,260:50. Helton 1,500 • Edwardsville. 250- Jackson County 4,000 Lee i summit smm North Kansas City 500_ Platte city . 350 rruman Medical Center 375 2 ClearLane®.enhaniedde-ieer0approvedaifernate-. Ton 1000 82 01 $ 82,010.00 Lec's Summit Soo Gbe"Hospital 2S0 Olathe25.0. TOTAL ALVARO: f 918,37050 MINIMUM DELIVERY,iF ANY" 25 Tons PAYMENT,NET 30,DISCOUNTS? Net 30,.nodiscdunf OFF SHELF:OISCOUNT?` No MAXIMUM PERCENTAGEALLOWED OVER-ESTIMATED TONNAGE 2pga DEUVERYFIAlt OUTSIDE SO MILE RADIUS OF METRO 517100 miles: $ 3:50 Per mile 101=156 miles $ 4.00; Per mile 1S3-20- -miles S -4.56, Per mile DELIVERY TIME,PRS-SEAsok(BEFORE NOV 151, 10 SusinessDays• DELIVERY TIME PRE-SEASON,NON EMERGENa(AFTER NOV 15) 10 to 15. Business"Days DELIVERY TIME,EMERGENCY. 10 Business Days PICK UP AT LOCATION "N/A`' Business Oat's AVERAGE_ T15N'LOAD OF TRUCKS IS Tons FACILITY LOCATION 1420 State Highway 14,CVbns,Kan,,675.54 ' OPERATION FOURS: 6:00a.in.to,10O.m.Mdh.Fri 'FACILITY,,.SALTPRODUCTION 1420 State Highway 14 Lyons Kan.r675,54 ONLINE ORDERING-AVAILABLE Na PROCUREMENT CARDS ACCEPTED; Nb- COOPEkATIVE PURCHASING ALLOWEDT Nc APPENDIX A-BIDDER WARRANTIES Yes APPENDIX 8-.RUTH&NONCOLLUSION Yes• APPENDIX C-MODAV PREFERENCE APPENDIX D-M0 PRODUCT PREFERENCE "N/A" .APPENDIX E-JACKSON_ CO COMPLIANCE'FORM: Yes APPENDIX F-JACKSON COAFFIDAVIT. Yes F RPC i KANSAS GITY'REGIONAL PURCHASING COOPERATIVE 1 A Partnership of: 1 Mid-Amenia Council of Public.Purchaslrg. and I 'Mid-America Regional Council I and Local Governments Actirig.as'ihe lead agency;offers the following INVITATION FOR BID I The Kansas Gty Regional Purchasing Cooperative(MARC/KCRPCJ will accept separate sealed bids from qualified,persons or firms interested In providing the following,in accordance with the attached specifications: YEARLY CONTRACT FOR SALT and DE-It BiD-87'(Issued May 3,2019) BIDS MUST BE RECEIVED BY: May-24;'019 by 1:00 p.m.Local Time, (Late bids will not be accepted for any reason) BIDS WILL BE OPENED AT: May 211,20191:00 p.m.Local Time, RETURN ELECTRONIC BIDS TO: Progiani Coordinator by electronic i all, IV, SUBJECT LINE: MARC/KCRPG 510'$7--OPENS:5/24/191:00 P.m:-BIDDER'S NAME CLARIFICATIONS: Requests for clarification will not be accepted after 3:00 p.m.on May 15,2019 Submit in Writing to: E-mail: rita.parker@kcrpc.com + Fax: 816-421-7758 NOTICE OF AWARD: Expect to.announce F V May31,2019 CONTRACT PERIOD:. June.1;1019 to May 31,2020 with option to renew forfour(4)additional one year periods and subject to adjustment based on award date • MARC/KCRPC and Participants.reserve the right to reject any,and all,bids,to waive technical defects in bids,and to select the, bld(s)deemed most advantageous to-t*entities. • if Bidders received this bid document from sources otherthan direct mailing lir at NrhandStar.com,you must conta_ctthe I Program Coordinator to be added to the distrilsution list for_any addendums,clarifications,or other bid notices. • It is the responsibility of each;Bidder,before submittinga bid,to examine the documents thoroughly,and request vrritten interpretation or clarifications after discovering any conflicts,amlJiguities,errors or omissions in the bidding documents. • Open ReeordsAct and Proprietarylnfomiation=The MId-America Regional Council(MARC}is a public organization and is suojectto the Missouri Open Records Act(Chapter 610,:RSWI.All records obtained or retalned,byMARGare considered public records and are open to the ptrbliCor media trpiin request unlessthose records are specifically protected from disclosure by law or exempted under the Viismo ri Sunshine.Law,All contents of a response to a Requestfor Bids,Qualifications;Proposals or information issued by MARC are considered public records and subjectto pubBc release fallohring decisions by MARC regarding the bid request.If'a proposer has information that it consk6s proprietary,a bidder shall identifydocumentsorportion's of documents_it considers to contain descriptions of scientific and technological innovations In which it has a proprietary interest,or other information that is protected from public closure bylaw,which is contained in a 0rq*aL'Afterelther a cantraetis executed pursuant to the Request for Bids,RFQ or RFP,or all submittals are refected,if a request is made to Inspect information subrrlitted and if documents are identified as"Proprietary Information"as provided above under Missouri Sunshine 1.6v,MARC will notify the proposeroPthe request for access;and it shall be the burden of the proposerto establish that those documents are exempt from disclosure under the law." Z of.ZS i TABLE OF CONTENTS- Cover Page 1 Table of Contents; Z Legal Advertisement 2 1.0 Introduction 3-4 2.0 Specific Requirements, 5-8 3:0 General Conditions(A%vard'and Post-Award). 9-13 4.0 specificato►is 14 5:0 Pricingand'Submittals Appendix..=Bidder Warranties 1 page Appendix B=At ithorizaticm to-Siggn and Non=Collusion. 1 page Appendix C=Missouri Disabled Veterans Preference. 1 page Appendix D-Missouri Products Preference i page Appendix E-Jackson County,Mo.Compliance Report Form- 1 page Appendix F—Jackson,County;Mo.Affidavit Z'pages LEGAL ADVERTISEMENT INVITATION FOR BiD BID,fi87 r MARC%KCRPC is seeking bids#or salt and deicers on behalf of area participants. Old due by 8/2414 I:cO p;ni. contact S vita.parker@lccrpc.co hdtvisitwww:man brg/kcrpc/orwww.demandstar.cbm. !� Published` Kansas:City Star 5/3%39 The Call 5%3/19 l ansas City Hispanic News 5/2/19 &25 i SCOPE: Mid-Amer(ca.Regional Council/Kansas City Regional Purchasing Cooperative(MARC/KCRPC),Will accept separate sealedbids from qualified persons or firms interested in providing snow and ice control materials: The materials include straight road salt,Cleart.ane°enhanced de-icer or approved alternate,liquid magnesium chloride,and calcium chloride as a yearly contract for area participating.governmental-e ntities.(Participants), Quantities listed herein,are annual I estimates only. All pricing shall be based on F.O.B.destination.Orders vvill be placed on an"as needed"basis by each participant No_guarantee is made as to quantities,purchased..Bidders are required to build into their quoted prices;a 1S i percent administrative fee which is rebated back to MARC based on sales by the successful bidder: l SECTION U. INTRODUCTION 1.1 DEFINITIONS.-Definitions of all relevant terms and entities_are provided below.Defined terms or entitles used in this Invitation for Bid-start with ai capital letter. 1.1.1 "MARC/KCRPC"refers.to Kansas City Regional Purchasing Cooperative,a purchasing cooperative partnership of the MACPPand MARC;and their-members,and MARC/KCRPC is responsible for assembling and administering ' this Invitation for Bid and representing the Participants in the bid process. 1.1.2 "Participants"or"Participating Members"refers to.local government entities that are participating in the invitation for Bio: 1.1.3- "Non-Participant"means a Municipality,County,State,Governmental Public Utility,Non-Profit Hospital, Educational Institution,Special.Govern mental Agency or-Nod-Profit corporation performing governmental functions,that is a member of anyxhapter affiliate of NIGP-The Institute for Public Procurement (www.nigp.org)and is located within the Greater Kansas City Metropolitan Trade Area,but that is not a listed Participant. 1.1:4 "MACPP"refers tb the MEd-America Council of Public Purchasing. 1.1:5 "MARC'refers to the Mid=America"Regional Council 1.1.6 "Program Coordinator"refers to the authorized representative of KCRPC designated to handle bid solicitation and award and modification of the-.contract, 1.1.1 "Administrative Contracting Officer'refers to the authorized representative of each of the Participants authorized to issuepurchase orders,receive required documentation,inspect and receive goods,make payments and handle disputes involving shipments to the jurisdiction. 1.1.8 "Bidder"refers to any corporation,company;partnership,firm,or individual that responds to the Invitation for Bid. 1.1.9 "Contractor"'shall refer to the corporation,company,partnership,firm,or individual,.named and designated in the contract-agreement to perforin the work o_rpeovid_e the materials covered thereby,and its duly authorized agents or other legal representatives. 1.1:10 . 'Administrative Fee"refers to the'1:5 percent fee to be paid monthly by the vendor,to MARC/KCRPC,based on .grass sales to Participants under the contract. The Administrative fee_shall be built into quoted pricing. -1.1:11 The"specifications'Include Section 4. 1.1.12 A"subcontractor"is a person,firm or corporation supplying labor or materials,or only labor for Work-at the site of the.project fqr,and under separate contract:or agreement with the contractor. 1.1.13 The term"sample"as used herein includes-natural materials,fabricated items,equipment,devices,appliances or parts.thereof as called for in the specifications•and_any other samples as may be required by.the Program Coordinator to determine whether the kind,quality,construction,workmanship,finish,color and other characteristics of the in etc.,proposed by the Contractor conform to the requirements of,the contract documents.Samples approved by the Program Coordinator and-Participants shall establish the kind,quality,and other required characteristics,and all work shall be in accordance with the approved samples. Samples,when requested,shall.besupplied at rio'cost to the MARC/KCRPC or.Participants. 1.L14 The term"estimated"represents quantities estimated for the period_of time stated. Purchase orders shall.be placed for actual requirements as needed. 1:1_.15 The term"mi ilmum"mea_ns the.Participants will order this quantity of supplies during the period of this contract at the price-bid. -1.2 KANSAS CITY REGIONAL PURCHASING CC)OPERATIVE The Mid-America Regional Council(MARC;Federal im 43- VG432),the regional council of_governments and metropolitan plan ning:organitationserving a nine-county region,and the Mid-America Council of Public Purchasing (MACPP),a regional organization of public sector purchasing professionals and a local chapter of NIGP—The Institute for Public(NIGP),initiated the'Kansas City Regional Purchasing Cooperative to enhance the Curren_t cooperative purchasing efforts in the region: 3 d_25 , l i f The Kansas City Regional Purchasing Cooperative(KCRPC is a'partnership bejiveen MARC;MACPP,and local governments:The Intent of the KCRPC is to increase the amount and effectiveness of local'government cooperative putchasing in the metropolitan area and in the process,reduction in the costs o_f goods and services b-y obtaining more ! responsive prices. The'Managers Roundtable,a committee of city and county managers,.provides general guidance and support toward the effort_ The KCRPC established a standing Advisory Committee'comprised of public sector purchasing professionals in the Kansas Citymetropolitan area. The Advisory Committee provides professional purchasing expertise,recommendations and-resolving disputes."The MARC Board of Directors consists of 301ocally elected leaders representing the nine counties and 119 cities in the bi-state metropolitan Kansas City region; MARC provided initial support for the first two years of the program. Itis the intent of the initiative to ensure that KCRPC will remain self-supporting over time fly.charging a 1.5 percent Administrative Fee to the vendor,based on gross sales on each contract,which is consistent with other national cooperative purchasing program administrative Fees, Bidders shall include the 1.5-percent Administrative Fee into their unit hid-pricing- l The KCRPC is not a legal entity,but rather a program of MARC.All future references for KCRPC will be shown.as MARC/KCRPC since MARC will be the legal.entity coordinating and managing the-bid/procumment activities. 1.3 PARTICIPANTS This is a joint bid for a term supply and service contract forthefollowing participating entities,: I' City ofi3eltoii,-Missouri- 2- issouri2- City of Edwardsvihe,Kansas 3 Jackson County,Missouri 4., Johnson County,Kansas Road t Brid ie Public Works 5 Liberty Hospital,Liberty,Missouri & -City ofleesSummit,,Missouri _ 7, City of 06ith Kansas City,Missouri 8 qty of Olathe,Kansas 9 City of Platte Gty,Missouri 10 City of Shawnee,Kansas 11 Truman Medical Center,Aakewood and.Downtown facilities_ * Additionalparticipants.may be added under addendum or by'a contract nnodification after award)with.mutuaf agreement. 4 oQS SEMON 2.0 SPECIFIC REQUIREMEM 2.1 PREPARATION OF BIM. 2.1,2 Bidders are expected to examirie any;speciricaitions,schedules and instructions. kilute-to.da so w I ill be:atthe bidder's risk. 171.3. Each bidder shall furnish the information required bythe invitation. The bidder shall sign theiriVitat on and print or type his or her name on each1id sheet thereof on which he or she makes an entry. The person signing the offer must initial erasures or other changes. Bids signed by an agent are to be accompanied by evidence of his or M. her authority Unless such evidence has been previously furnished. .2.1.4 Unit price for each unit bid shall be shown and such price shall include packing unless otherwise specified. A total shall be entered in the total,column for each item bid. in case.of dis6epancy between a unit.price and extended price;the unit price.will prevail. 2.1.5 Altefri.ate bids for supplies or services other than-those specified Will not be con!�iidered.unless authorized by the 'invitation per section 4.0 Specifications. 2.1.6 Bidder must state a definite time(or delivery of suppliesthe invitation. or services unless otherwise specified in 2.1.7 Time,If stated as,a number of days,will include Saturdays,Sundays,and'holidays. 2.1.8 if.the item has a trade name,bran'dand/or catalog,66mber,such must be.stated in the bid. 2.1.9' Prices quoted arerto be firm airid,firial. 2.1.10 In submitting bids,-bidder agrees that the Program Coordinator shall have go calendar days in which to accept-or reject any of the bids submitted unless otherwise specified on the bid page. 2-1.11 Pricing Section 5.0 MUST be completed,signed a6d-returned by electronic mail. Bidders shall retain a copy for their records. 2.2, MNTRACrPERIOD 2.2.1 This invitation to bid Is for a yearly contract,with option to renew for four additional. . one-year renewal periods. 2.2.2 The option to rene-N for do to four additionalion'e-year contract periods shall be at the discretion of the .MAAC/KCRPC and the Participants. MARQ/KCRPC reserves the right to terminate the,turrent.coniract Without cause use and solicit new bids. The�Pridgiam Coordin6tor shall notify the'Contractor in writing,of the intent to exercise the renewal option. How0ver,failure to-notify the Contractor does not waive MARC/KC_R PCs-right to exefcise the renewal option. The tontractor shall be required to submit documentation to the Prograini Coordinator from.themanufacturer or distributor,"as proof of any requested price increase. undo.rno circumstances shall an increase be granted that Is grqaterthan'theTederal Consumer Price Index'(C..P.I;)for the s Kansas City.area,without approval of the Program Coordinaitor andthe Paiticipants 213' suitmissicm&AccEPTAm CE OF BIDS 2.3.1 Failure to follow these rirocedures is cause for rejection of bid. 2.12 Section 5:0 and.appendicesMOST be completed-and submitted in PDF f6rrnat;chictr6nically by e-nail to Program Coordinator by date and time stated on cover page,incWdirtg any addendums.Bidders shall retain a copy for their records.. Bidders must confirm xreceipt d(submittal Wth Program Coordinator,docurnents were received prior to bid date and time1ri the event sparn pr6grars block submissions. 2.3.3 Telegraphic or fak'ed bids will not be considered unless authorized,bythia Invitation,. 2.34 Abid that is in the possession of the Prcigram Coordinator maybe altered by telegram or letter hearing the signature.of the person authorized for bidding,provided itis received prior to the-time and date of opeving. Telephone or verbal-alterations of a bid will not be accepted. 2.3.5 Abid that is in the possession of the Program Codedinatoe maybe withdrawn by the,bid der Up to the time of the bid opening- All requests for bids--to be withdrawn must be made in writing by telegram or letter beating the signature of the oetson authorized for bidding,provided it it received prior to the time and date of opening. Bids may not be withdra-wri after the bid!opening. 2.3.6 Sarriples of items,when required;must be submitted within the timespecified Unless otherwise specified in the Information for Bidders and at no expense to theRrograrn Coordinator or any Participant. If not consumed by testing,samples will be returned at bidders requesttand expense..unless otherwise specified by the invitation. invitation. _ 21.3.7 Bids having,any erasures.or corrections must be initialed by the bidder in ink.. Bids shall.be signed in ink. All bid amounts shall be typewritten or filled in with Ink. 2A EXPLANATION TO BIDDERS(6111FI&IlONS) Any explanation desired by,a bidder regarding e&rdipg the meaning or interpretation'of the invitation any dravAnks, specifications,etc.,must be requested in writing by clarification date shown on cover page of bid' Oral explanation or instruction given before'the award of the contract will not be binding. Any information given to a prospective bidder 5 of-25, concerning on I n%ritationwi4l1 be furnished to all pros �c66 bidders as -endurn to the invitation,if such information p an it necessary to bidders insubmitting bids on the invitation or if the lack of such information would be prejudicial to uninformed bidders. .2.5 ACKNOWLEDGMENT OF A009NDUM To INV ITATION Receipt of an addenclurn-tp,an invitation by abidder must be acknowledged by signing and returning the addendum: Such acknowledgment must be received prior to the hour and date sp6dfied fo.r receipt of.bid.s or returnedwith the bid and received prior to clo§Ing time and date. 2;6 LATE BIDS&MODIFICATIONS It is the responsibility of the bidder.tu deliver his bid drbid micclificati6nson orbefore the date'and time of the bid receipt deadline.Bids Will NOT be accepted after the date and time of closing under any circumstances. 2.7 DISCOUNTS&810 EVALUATION Discounts offered for prompt(early)payment will be considered in bid eValUation. Prompt payments shall be defined as payment made with check dr government procurement card(i.e:Visa,-Mastercard;etc.). 18 TAX-EXEMPT It is expected that eachParticipantwill be exempt from-payment of the M1-ssouri or Kansas Sales Tax in accordance with Section 39(10),Article 3,of the Missouri Constitution and Section 79-3606(b)�of the Kansas statutes,and will be exempt (r6m payment of Federal Excise Taxes In accordance with Title 26,United States Code annotated. The Contiattor is responsible to obtain verification of eiemptl 6n,from pa `entoi f taxes From each Participant,and from any.,No.n- Participant,and Is responsible to bill taxes.if required. 1.0 MATERIALAVAILABILITY—IMPORTANT Bidders must accept responsibility for verification of material avallability,production uctio n schedules and othe- r.pertinent data prior to submission of bid•a-n d delivery time. Itis the responsibility of the bidder to notifythe gram Coordinator immediateli-if materials specified are discontinued,replaced,or not available for an extended period of time. 2.10 ALTERNATE'BIDS Bidders -must submit complete specifications on all alternate bids. Alternate bids without-complete specific6i ions maybe ... . rejected.Alternate bids and exceptions may be rejected. Alternate bids and exceptions toWcf Clauses must be clearly noted on the bid form. Unless otherwise Indicated,it will be assumed that the article proposed Is exactly as specifled.. 2.11 QUALIFICATIONS OF BIDDERS 2.11.1 The Program Coordinator may make such invesiigotiiunt as are deemed necessary to determine the ability of the bidder to perform the work and th purpose- eWidder shay all such Information and datafor this pfi -ofse e as the f Program Coordinator may request. The Program Coordinator and Participants reserve the right to reject any bid If-the evidence submitted by,or investigation of,such bidder falls to satisfy.the Program I i:-oordlnatDr and Participants that'su e r . �qh bidder is prope ly qualified to carry out the obligations of the contract and to complete the work contemplated therein. 2.111.2 Only'those bids will be considered which are submitted by bidders who submit references-with their bid and showing satisfactory completion of itark of type and size comparable to the work required by these contra-ct clocurn6rits, 2.12 BID OPENING PROCESS—NotAoplicable—Eledronic sub m- ittal only 2.13 REQUEST FOR BID TABULATIONS Requests for bid tabulations must be submitted in writing tc?-the Program-.Co tdinator,either by fax,e-mail,or riegular mail.'Bid'tabulAtions will be,avMlable for distribution the next busindss day fdloWing the bid opening and'will be posted* g e Under current bids at W`WW.marc.org/kcrpc, 2.14 SAMPLESAND MANUFACTURER'S TURER'S SPECIFICATibW , . ,SHEETS upon written request byth ProgramBidde rs must submit samples and manufacturer's speCifl;ation sheet's (indudiri0inaterial safety tlptasheets);fpr-each it6mbeinj bid to beconsid'ered far award. Failure to submit samples and specification sheets will result in rejection of your bid. Samples may be requested and examined as a part of the bid evaluation_ Any requested samples shall be provided by the Bidder Within five(5)business days from requested date. 6 of 25 r I i i Samples shall'be returned to the..bidder by the Participants,upon request and the Bidder:shail-mak_a arrangements for returmof the samples,-6t.6idder's:expense. 215 QUANTITIES Qua;itities;listed herein are only yearly estimates and do riot obligate any of"the Participants'W6ur6ase listed quantities: Purchase.orders will be issued by each Participant,on in as needed basis.,Participants assume no obligation for articles or materials shipperf in excess of the quantity ordered: Any unauthorized quantity is subject to-Participanes rejection and return at Contractor's expense: l 2.16 TRANSPORTATION CHARGES All terms of delivery orconditions.of thi"order are F orA.destination and inside delivery,and the Contractor shall pay all ! transportation charges,within the 5Q mile radius of g�eafer Kansas'City. For deliveries.outside the 50-mile radius;bidders. !� must state applicable transportation mileage charges inSection 5.0,where designated: 2.17 ESCALATION/UE=ESCAtATIQly'CLAUSE not applicable to this bid t 2:18' OCCUPAI IDNAL/BUSINESS L crisis TAx REQUIREMENTS Bidders must comply with all special requirements of the participating entities including any Oicupat'sonal or Business License requirements: It is the bidder's respoiWbility to investigate and obtain any such requirements. 2:19 FORMS Contractors and subcontractgrsparticipating in this contract shall`fll out all appropriate farms as requested by Participants and any Non-Participants,including W-9's and the forms-referenced in Section 2.22;In a timely manner,prior to.issiiance.of Purchase- i Orders. I d 2.20 COMPLIANT 1NITHAPPUCABLE LAWS The'Contractor warrants it'has complied with all applicable lawt,rules and ordinances of the.Unit_ed States,or any applicable state,municipality pr any other Governmental authority or agency in the manufacture or sale afaheitems covered-by this order,Including but not,limited to,all provisions of the:Fair Labor Standards Act.of 1939,as amend ed. 221 ANTI-TRUST Submission of'a bid constitutes an assignment.by Bidder of.any and all anti-trust claims that Bidder may.have under the Federal and/or State'latvs resulting frorn any'contract assoelated with'this bid 2.22 EQUALopp17RTUNITyCLAUSE ,2:22.1 :In connection Waith the furnishing of supplies arperf6er lance of work under this contract,the Contractor,agrees to comply with the Fair Labor Standards Act,Fair Employment Practices,Equal Opportunity Employment Act,and all other applicable Federal and state Laws,and further al;rees to insertthe.Foregoing Provision in all subcontracts awarded hereunder_ 2.22:2 The bidder's attentions directed to all federal,state,and Participants'laws,ordinances;and procedures requiring equal employment oppgrtunity wiiich,,among other things,_require that the contractor agree not to discriminate against any 'employee or applicant for employment because of race,creed,color,pational origin,or sex: All bidders shall complete any reporting forms and certifications of any Puticipantwith regard to their equal i rmploymerit,practices: 222.3 The bidders will be required to comply with all individual equal opportunity requirements,as delineated.below,of each Participant if they.ptan to do busines's with that Participant under any agreement ttiat.results from this Invitation-for Bid. If a bidder plans nntto comply'witF any-of the ihdividual require0jents of Participants as indicated below,theyshould so indicate in their response to this Invitation to Bid by marking"no:offer'on the pricing.page;Section 5.0. a) Jackson County,Missouri The bidde6att6tion is directed to all federal,state and county lawsof the County ofjaekson to equal eirployinent opportunity which, among other things,requires fhat the contractor agree not to discriminate against any employee or applicant for employment because of race,creed,color,national origin,ar sex All bidders shail carriplete the County's'Compliance Report ForM(see append ces)a 2:23 REGULATIONS PURSUANT T'0 50-CALLEi)'ANT -1 ACT' The Contractors_hall complywith the applicable regulations of the Secretary of Labor;United States pepartmdht of Labor;. made pursuant to tM so-called"Anti-Kiekback;Act"of lune 13,1934-(48 Stat.948;62 Stat.962;Title 18 U.S.C.,Section 874 7 of-25 1 and Tide q0 U.S.C.;Section 276c)and any aMendmehts or modifications'thereof,shall cause appropriate provisions to be inserted in sub=contractsto insure.compliance therewith by ait'sub-contractors'subjectthereto,and shall be-responsible for the submission of statements required of sub-contractors thereunder,except as said Secretary of Labor may specifically provide for.reasonable limitations;variations,tolerances;_and exemptions from the requirements thereof. !j 2:24 PROVISIONS REQUIRED BYLAW DEEMED INSERTED Each and every provision of law_and.clause required by law to be inserted-in this contract will be deemed to be inserted herein and the contract Will be read and;enforced as though it were-included herein,and if through mistake or otherwise any such provistomis not inserted,"or is not correctly inserted;then upon the application-of either party the contract will forthwith be physically,amended to make su'c'h insertion or correction: 2.8 UNIFORM COMM.E-RCIAL CODE This contract is subject to the Uniform.Commercial Coda and shall be deemed to coritain aif the,provisons required by said Code that apply to said Contract. 2.26 CONFLICT OF INTEREST The Contractor,by-acceptance of any purchase order resulting from this bid,certifies that to the best of their knowiedge or belief,no elected`or appointed official of any'Participant is.financially interested,directly or indirectly,in'the purchase of the goods or services specified on this order: •2:27 INDEMNIFICATION AND INSURANCE Cantractor agrees to carry liability and workmen's co_mpensaiioninsurance,satisfactory to.the Participants,and to indemnify MARC/KCRPC and,Participants against all liability,foss and damage arising.out of any injuries to persons and property caused by contractor,his sub-contractors;employees.or agent's. 2.28 SUB-CONTRACTS 2.28,1 The Contractor shall not execute an agreement with any sub-contractor to perform anywork until he has written the Prograin,Coordinator to determine any disapproval of the use of'such sub-contractor.- 2_.28.2 the Contractor shall befully responsible to the MAROKCRPC and Participants for;the acts and omissions of his sub-contractors,and of persons either directly or indirectly employed by them,.as he Is for the acts and omissions of persons directly employed by'him. ?-;8-3 The Contractor'shatl cause appropriate provisions to be inserted in all•sub•contraets relative to the vuork to require compliance by each'sub-contractor with the applicable provisions of the contract. 2.29.4 Nothing containedin the Conditions shall'create any conttactual relationship between a_ny sub-contractor.and MARC/KCRPC.and-Participants.- 2.29 articipants.2.29 INDIVIDUAL REQUIREMENTS The bidders will be required to comply with all individual requirements of each Participant,,including but not limited to those individual requirements set forth in Sections 2.28,18,3.10j.aoth -and any er individual requirements,If they plan to do business with that Participant under any agreerfient-that resuits from this Invitation foreid.If a bidder plans not to comply with any of the individual requirements of Participants as indicated herein;they should so indieate in their response to.this Invitation to Bid by marking"no offer"on the pricing page,Section 5.0. .. 8 of 25 3 I I k 4 t I 3;0 GEN€RAt CONDITIONS WORD and POST AWARDI 3:1. AW*kb OF.CONTRACi', 3.1.1' BASIS,-OF•AWARD a) OnIrfirm bids wdl be considered. The bidder warrants that prides,terms-and conditions,quoted in'their bid will be firm for acceptance for a period of not less than ninety(so}days fterri the bid opening date j unless otherwise specified in the Inilitatlon to elifto eitl Such prices will remain firm for the peiriod of I performance of resulting purchase orders or contracts that are t6 be performed over a period of.tirrne, ls) Bidders may be requested to submit financiaf statements.subsequent to=the,bid opening., Sudi statements shall be submitted to the'Program Coordinator within three(3}calendar days after being so requested: C) The Pt agram Coordinatorand Participants reserve the right to reject any and all:bids,to waive.anyand all iechnicaf defects,feregularities'and nformalities9n olds,to disregard all_ion-conforming or candifionalbids,orcounter=proposals;ani!to select the bidls}deenied'most advantagisdus to the entities dl The award ofthe Contract;if awarded,shall be a,varded to that responsible and responsive bidder whose bid,conforming to the Invitation for Bids,wi_ii be tnost:advantageous to the Participants,price and other factors considered. 3.1.2 EVALUATION.017BIDS a); The evaluation of bids iuill include ccnsiderationof prire,'quality;adherenee,to specifications; references;financial statements,if reque`sWd;.sub-contractors,suppliers;and manufacturers to b-used' in the'Work and manufacturers'data onli :'the materials aril equipment to be incorporated: me of deUvery Wali also beta factor in'the award: b) "Or Approved Equal"Clause: Whenever a rnate-Hal,artidg,or piece,of:equipment.is identified on the plans or in the specifieations by referencetb inanufactufer 5 or"venders names,trade names,catalog numbers,etci",-it isintended merely to establish a standard;and,any materiai,article,or equipment of other manuN'cturgrs and vendors which:wrll perform ad equatelytheduties imposed bythe general:design will becorisidered- equally acceptable.provided'the'miterial,article,:or equipment to,proposed,'is,-in the opinion of the Program Coordinator and Participants,of equalsubsta'nce and function. Substitute Items rna be re)ected at the discretion of the Prog rn Caardiinatot and Participants; c) Wildnever the;name of a rnanufacturer:i,mentioned on the'face:hereof and the words"or equal°do hot follow,it sh.all.be deemed thatthewoeds-"or equal"shall follbW such deslgnatians unless'th-face hereof specifies°no;substitutes" !he Program t oo[dinator may_assume that items hid are equal,br it may _ . request sa. ples and probf thereof unless approved before`shipment. The Participants reserves-the,right to return'at bidders eiipense.till items that are.not acceptable as equals,said items to be replaced by bidderwlth'-satisfactory.items at the original priee - d} 7o the unit allowed by statutory authority,the Prograrn.Coordinator and Participanfs,shall give, preference to all comnipdities.manufa'ctured,mined;produeed,or grow-i within the United States,the States of Missouri or Kaitsas,.and to all firms,,corporations or 19d1iduais headquartered in the United Stat os,'the states of Missouri or Kansas, When quality is equal.or 6ettecand tE a deliveredprice is fire same or less 3,1,3• AWARD PROCESS al The.Program Coordipgar:and the Partici.pants may accept any item or gecup of itenu.of•any bid on a split-order basis,lump-sum or individual-item basis,or su"ch cornbination;as`shall best setae the interest of.the Participants unless qualified by specific iimitatign of the bidder: b), Unless otherwise provided in,the schedule,bids may besubmitted for ariy giiantities lessthan those specified,and the Program Coordinator'and Participants reserve the right to,m.ake'an award on.ariy item for a quantityless than fihe quantity bid upon at the unit price offered unless the bidder-specified otherwise in fills bid. c) An award mailed-f or dtherwist furnished}to the successful bidder wit hin.the time for acceptance` specified in the bid;results in a binding contractwithout further action by either party. A) In the eirertta Participant's proeedures requires goverriing'bpdy approval-of the bid said P.articiparit VAN take the individual award recommendation to their governing bad:for approval and niay:issue a- separate"contract to the:successful Bidder All contract requirements in this Mvitation'for Old including requirements'related to administrative,fees,and monthly"reports,will apply to indtvrdual`Pa,tlelpant contracts generated'under this Invitation for Bid.. 9 of 25 i 3:1.4 NOTICE OFA'WARD. After considering the basis of award and evaluation-of bids,the Program Coordinator will;within ninety(90) calendar days after the date of opening bids,notify the successful bidder of acceptance of his or her bid. The Contractor will have ten calendar days to return the'signed notice of award and any requested submittals,such .as certificate of insurance or proof of business licenses. 3.2 CONTRACTTERMS The performance of this contract shall be governed solely by the terms and conditions asset forth in this contract and any specifications or bid documents notwithstanding any language contained an any invoice,shipping order,bill of lading or Other document furnished the Contractor at-any time and the acceptance by the Program Coordinator and Participants of any terms or conditions contained in such document which is inconsistent with the terms and conditions set forth in the contract: Any different or additional terms other than those herein contained in Contractor's_ acceptance are hereby objected to. 3.3 EXECUTION OF AGREEMENT 3.3.1 The Execution of.Agreement shall consist of a YEARLY AGREEMENT,signed by the Executive Director of MARC and countersigned by the Contractor,with a Notice of Award and becomes the agreement and contract between the parties hereto. 3.3.2 The Program Coordinator will furnish one original Agreement;to be signed by the successful bidder,,and fi countersigned by the Executive Director of MARC. Notice of Award will evidence that both parties thereby i accept and agree to the terms and conditions of said bid documents,and that the parties are bound_thereby and the compensation to be paid the Contractor is asset forth in the Contractor's Bid. Items not awarded,-if any,will be noted on the Notice of Awartl._. 3.3.3' As stated in paragraph 3,1.3(d)some Participants may execute individual contracts. Any individual contracts issued shall not conflict with the award.made by MARC/KCRPC. if a Participant has an existing contract for the same commodity,that contract will either lapse at expiration date,or be cancelled by the Participant,before the MARC/KCRPC is utilized. The Participant will make the final determination on their existing contracts. 3A CHANGES The Program Coordinator may at any time,'by written order,snake changes or additions,within the general scope of this contract in or to drawings,designs,specifications,instructions for work,methods of shipment or packing or place of delivery. If any such change causes an increase or decrease in the cost of or in the time required for performance of this contract or purchase order,the Contractor shall notify the Program Coordinator in writing immediately and an appropriate equitable adjustment will be made in the price'or time of performance,or both;by written modification of the contract. Any claim by the Contractor for such adjustment must be asserted within 30 days or such other period as may be agreed upon in writing by the partibs after the Contractor's receipt of notice of the change. Nothing herein contained shall excuse the Contractor from proceeding with the contract as changed. 3.5 ASSIGNMENTS Neither MARC/KCRPC nor Contractor shall,without the prior written consent of the other,assign in whole or,in,part his interest under any of the Contract Documents and,specifically the Contractorshall not assign any moneys due or to become due without the prior written consent of MARC/KCRPC. 3.6 COOPERATIVE PROCUREMENT WITH OTHER JURISDICTIONS/COMP05im REPORT 3.5.1 The successful bidder agrees to provide products and/or services under this contract to any Municipality,Cqunty,State, Governmental Public Utility,Non-Profit Hospital,Educational Institute,Special Governmental Agency,and Non-Profit corporation performing governmental functions that is listed as a Participant in this bid or is a member of any NIGP- The Institute for Public Procurement chapter affiliate.The successful bidder aerees to pay to MARCIKCRPC the 1.5 Percent Administrative Fee,based on each ParticloanYs and Non-Participant's gross sales for each month 3.6.2 The successful bidder shall be required to notify Program Coordinator if any Non-Participants express desire to utilize this contract,prior to acceptance of any purchase order. Program Coordinator will inform the entity(non=participant)-of the membership requirement. Written or verbal approval by the Program Coordinator must be provided to the successful bidder and entity to allow purchases off the contract. 16.3 Sales will be made in accordance with the prices,terms and conditions of the invitation for bid and any subsequent term contract All sales to Participants or Non-Partidpantswill be made on purchase orders issued by that jurisdiction. All receiving,inspection,payments and othbr procurement administration will be the responsibility of the ordering Participant or Non-Participant. 10 of 25 1 i i 3.6.4 There shall,however,be no obllgation�underthe cooperative procureuientagreementfor any organization represented by MACPP or NIGP to,utilize the bid or contract unless they are specifically named in the invitation For bid as'a Pa_iticipant. I 3.7 COMPOSITE REPORTAND'PAYMENTS l 3.7.1 The successful bidder{s)shall'furnish to MARC/KCRP0 a) Payment'of the 1.5 percent Administrative Fee to MARC/KCRPC,based on gross sales for each month to Participants and Non-Participants: The.Contractor shall,have no claim or right to all or arty portion of the { Administrative Fee.All payments shall be made payable to Mid-America Regional Council and bid number and month.of sales must be.referenced on each payment.Payments shall be be to MARC,600 Broadway,Suite 200,Kansas City,Mo.,64105-1659 Aft Finance Departrnent. by. A composite report of all cbntract purchases against any and all purchase orders issued against this contract. The report shall be compiled and submitted by electronic mail to the Program Coordinator.The report shall include,ata_minimum: 1) Orderfngentityand designated ParticlpantorNon-Participant 2) Entity's purchase order,number,and date ordered; ' Item descriptions,quantities ordered,units of measure,along With,all unit and extended s prices. i 4) The report shall be totaled for the accumulated dollar arnountspent within the particular s month-period for each Participant or Non-Participant. 5). Preferred format is Excel spreadsheet and may be sent electronically to Program Coordinator-_ 3.7.2 Failure of the Contractor to provide payment and reports in the manner described herein,shall be regarded as a material breach of this contract and shall be deemed cause for termination of this contract at MARC/KCRPCssole discretion, Fees not paid by the specified deadline shall bear interest at the rate of 1.5 percent per monthuntil paid: 3.7.3 Reports and payrnents of fees under this contract shall be due thirty(30)calendar days after the end of each'month. 17A RIGHT TO AUDIT Program Coordiato nr may comp?re,records provided by entities with rep ortssubmitted by Contractor. Program Coordinator will provide written notification to Contractor of any discrepancies and allow yendorthirty(30)"calendar days to resolve d1krepancles to Program Coordinator's satisfaction. In the event the Contractor does pot resolve the discrepancy.to the satisfaction of,the Program Coordinator,MARCkOC reserves the rightto engage outside services to conduct an independent audit of Contractor's reports and Contractor shall reimburse MARC/KC_RPCfor costs and expenses to conduct such an audit. 3S PURCHASE GIRDERS 3:8.1 The Participants,and any Non-Participants will not be responsible for articles or,servicesfumished without a purchase order unless otherwise set forth in the;Contracts. 3.8.2 A price list will be provided by the Program Coordinator for the awarded items to each Contractor and Participants.Orders.will be placed by each Participant bypurchase order,credit card using fax,phone or email to the Contractor.MARC/KCRPC will not be involved with the ordering of chemicals.The Participants may choose to issue a purchase.arder each time or.a blanket purchase order. 3.8.3 The Jackson County,Missouri Purchasing department may issue to the Contractor a"Blanket"or"Miscellaneous" Purchase Order to cover a specific portion of the Term of this Contract. This Purchase Order may be for a stated dollar amount and will terminate when the dollar amount shown has been used orat the expiration of the Contract,whichever is earlier. Purchase Orders for specific items and quantitles-may also.be issued against this Contract. If a"Blan*ker or"Miscellaneous"Purchase order is issued;t:ontractor'will submit Invoices to the Requisitioning Department and'payments will be rnade on a monthly basis. Other Purchase Orders wlk a paid Net 3D days. Contractor shall Indicate the Purchase Order number on all Invoices. 3.9 FUND ALLOCATION Continuance of any resulting Agreement,Contract,or issuantie_of Purchase Orders is contingent upon the available funding.and allocation of funds by-Ahe Participants. 3.10 DELIVERY REQUIREMENTS—See Section 4.0 11 of 25 3.11 RESPONSIBILITY FOR SUPPLIES The Contractor shall be responsible for supplies until they are delivered arid accepted at the designated delivery point; and the Contractor shall,bear all risks fol rejected supplies after notice of r election. 3.12 TIME OF.DELIVERY The Participants req.Wr6 that all knat6irijali;ordered Will be delivered when specified. Time Is therefore of the essence of the purchase order. if deliveries are not made at the time agreed upon,Program Coordlhator and Participants reserve the right to cancel or to purchase elsewhere and hold Contractor accountable-for any damages sustained as 0 result thereof. The Participants may use 4 different delivery and times: a) Pre-Season Orders placed before November 15,used in initial stocking for upcoming season, b) Non-emergenpL seasonal orders placed after November 15(during the snow season)for restocking of supplies, c) Emergenty-orders placed in case of unexpected depletion of supplies, d) Pick up at Contractor's facility by the individual Particlpanes staff,. or by.hired private trucking company. 3.13 PACKAGING The Participants will not be liable for any charges for drayage,pqtking,xarta8e,boxing,crating or storage,in execs of the purchase price of this order unless stated otherwise herein; 3,14 CONTRACTORS' INVOICES invoices shall be prepared i.incl submitted in triplicate unless otherwise specified. inVoices shall contain the following information:MARC/KCRPC Bid/Contract Number,Participants Purchase Order number,Item Number;contract description of supplies or services,sizes,quantities,unit prices and*extended totals. All invoices must reflect the same unit of measure and pricing as stated in-thd pricing section(i.e.tonnage,gallons?. Any invoices received with incorrect gel units of measure,maybe corrected .,and noted on the Invoice"notpercontract"and totals will be adjusted adcoiclingly,,pt the discretion of the Particliants. Invoices forand inquiries regarding payrne6t shall be addressed to the ordle Ing agency.. Any delay in recel.vinginvolpes,or errors and omissions,on statement or invoices,will be c0sidered just cause for withholding settlement Without losing discouht privileges: Payment terms under this contract shall be Net 36,after receipt of invoice,Unless an early payment discounit is offered for less than 30 days, 3.15 ACES OF GOD Neither-oart y shall be liable for delays,or defaults in the performance of this contract due to Acts of God or,the public p enemy,-riots,strikes,fires explosions,accidents,Governmental action of any kind or any other causes of a similar *I "I .. character beyond its central and without its fault of negligence. .316' BANKRUPTCY OR INSOLVENCY In the event of any proceedinp byoragainst either party,voluntary or involuntary,in'bankruptcy or insolv0n%orfDr the appointment. of a receiver of trustee or an assignee for the'benefit of creditors,of the Property of Contractor,or in the III event of breach of any of the terms hereof Including the warranties of the Contractor,MAkC/KCRPC and-Partidpating Entities may cancel this contract or affirm the contract and hold Contractor,responsiNe in damages. 3.17 GENERAL GUARANTY AND WARRANTY 117.1 The Contractor warrants that all materials,,fixtures,and e4uipmeht furnished by the contractor and his sub- contractors shall be new,of good quality,and of good title,and that the work will be done in a neat and' Workmanlike manner. the Coriitra',ctor alto guarantees the workmanship and materials fora period of one year from the date of final acceptance of all the work required by the Contract.Furthermore,the Contractor shall furnish the Program Co.ordiniat6t and Participants With All man6factumirs'and suppliers'written guarantees and warranties covering materials and equipment furnished under the'Contract. 3.17.2 All customary guarantees for workmanship,I'kmanship,quality and performance provided by the'Manufacturer for any or all items shall apply to the.1tems offered under this proposal' 118 PATIENTS Contractor warrants that the articles described herein and the sale or use ofthe.rn Will not I.nfri.nge upon any U,S,or foreign patent and Contractor covenants that he will at his own expense,defend every suit which may be brought against the MAkC/kCRPC and Participants,or those selling or Wrig Par06pants'product(provided Contractor Is promptly notified' ofsuch,suit and•all papers therein are delivered to Contractor)for any alleged Infringement of any patent by reason of the 12 of i sale or use of such articles and Contractor-agrees that he will pay all cost,damages and profits recoverable in any such suit. (1 3:19 INSPE,r l,l0N AND ACCEPTANCE I 3.19: No material received by the Participants pursuant'to a purchase order issued under.the,terms and conditions of this bid document Mall be deemed accepted until the Participants have had reasonable opportunity,to inspect said material. All rhateria1 which'is discovered to be defective or which does not conform to any warranty of the ..Contractor herein,upon initialinspection,or at any later time if the defects contained in the material were not ; reasonably ascertainable upon the initial inspection,may be returned at the Contractor's expense,for full credit or replacement within 24hours.ofnotification-. 3.19:2 No goods returned as defective shall be replaced without written authorization of the purchasing entity. Such j return shall in npayay affect the Participants'"discount.privileges." Such right to return,offered to the MARC/KCRPC and Participants arising from the Participant's receipt of defective goods,shall not exclude any other legal,equitable or contractual remedies MARC/KCRPC and Participants may have available. 3.20 INTERPRETATION OF CONTRACTS AND ASSIGNMENTS This contract shall be construed according to the laws of the State of Missouri. This contract,or any rights,obligations,or j duties hereunder,may not be assigned by the Contractor without the written consent of the MARC/KCRP.0 and any attempted assignment without such consent shall be void. 3.21 NOTICE AND SERVICE THEREOF Any notice to.any Contractor from the Program Coordinator relative to any,part of this contract will be in writing and considered delivered ani-the service thereof completed when said notice is posted;by certified or regular mail,to the i said Contractor at his last given addressor delivered_ in person to said Contractor or his authorized representative. ,I 3.22 TERMINATION OF CONTRACT 3:22,1 This contract may,.be terminated by either party upon sixty(60)calendar days prior.notice in writing to the other party. 3:22.2- MARC/KCRPC'rnay terminate this contract Immediatelw under_breach of contract, if the Contractor fails to perform in accordance with the terms and'conditions. 3.22.3 In the event of arty termination of contract by the'Contractor,the Participants may purchase such supplies and/or services similar to those so terminated,and for the duration,of the contract period the Contractor will be liable far all costs in excess of the established contract pricing. 3,23 LAW GOVERNING:All contractual agreements shall be subject to,governed by;.and construed according to the laws of-the s State of Missouri. For any dispute that may arise out of this Contract,the parties agree that the proper jurisdiction and f venue shall be the Circuit Court of the County where the'ordering agency,is located. 13 OZ. 4.0 SPECIFICATIONS and DELIVERY REQUIREMENTS: All materials provided must be protected during transit by waterproof cover,as required by weather conditions. Twenty-four(24)hour.notice is required'for all agencies prior to all deliveries: f 4.1 Straight salt-must meet ASTM D.632-12 Standard Specification for Sodium Chloride.Annual Book of-ASTM ,Standards Vats-64.03. 4.2 Treated rock salt-Clearl.ane°enhanced de'-icer,or approved alternate. 4.3 Magnesium,chlodde,liquid - 4.4 32%calcium chloride solution(602) 4.5 Ice banm Agency: Contact: SFiipTo: Phone# Product:, -Estimated_ TrutUelivery - Qty: requirement: Beltbn,Mo. Monte Johnson, 12015treet Oam lane 816-331-9455. Salt 1,Soo tons Hopper bottom or 64012 End,dump 7a.m,to 33D p.m. Edwardsville,Ks. Tammy Snyder Public Works 913.441-3707 Salt 250 tons End dump 690 S.4th Street ext.23 66113 - Jackson County,Mo. Tim Underwood Jackson County Public 816-847-7062 Salt 4,000 tons End dump Works 1201 S.W.quarry Road. Blue Springs MO 54015 Johnson County,Ks Wes.Root Road&Bridge,Public 913-175-8329 Ice Ban - '11,000 N/A Road,&Bridge Works gallons 1800 W.Oid 56 Hvr/.j Olathe,Kan.,66061 Llherty Hospital Nathan Spencer" 2525 Glenn Hendren 816-985-8969 Cleadane 250 tons End dump libertv MO 64468 Lee's Summil,Mo, Bruce Taylor Public Works Operations 815-969-1870 Salt 5,000 tons End dump or 1371 S.E.Hamblen-Road Shawn Graff 64082 Cleariane 50Dtons N/A Calcium 4,500 'N/A chloride gallons North Kansas City, Pat Hawver Street Department 816-274-6019 Salt 500.tons Hopper bottom or Mo. 1229 Gentry End dump 64116 Olathe,Ks, Chad Courtois Street Maintenance " 913.9714012 Cleadane 250aons N/A 201 W.Harold Street 66061 Calcium 15;D00 N/A• Chloride gallons Platte City,Mo. Sharon Anderson Public Works 816-858-4815 Salt 150 tons End dump 108 Paxton _ 64079 Magnesium 2,500 chloride gallons Shawnee,Ks. Jeremy Gendes Public Works 913-238-.254.1 ice Ban 6,600 18690 Johnson Dr. gallons 66218 Truman Medical Augustin Lakewood- 816.404-6951 salt 375 tons End dump.(both Center-Lakewood& Sylvester 7900 Lee's Summit Rd. to®tions) Downtown Kansas City MO 64139 Downtown: 2301 Holmes St. Kansas City MO 64108 Additional participants and quantities may be changed under addendum. Bidders are responsible for confirming if any addendums-were issued by contacting KCRPC Program Coordinator, . www.marcorg/kcrpeJ or www.demandstar.com 14ofM i i r 5.0 PRICING and SUBMITTAL SECTION=Bidders must complete this section and appendices,in their entirety and returned. All pricing quoted shall include delivery and administrative fees. Quantities listed are estimated and based on the first-year usage only. In case of discrepancy between a unit.price and extended price,the unit price will prevail.DQ NOT SUBMIT PRICING BY THE LOCATIONS. Item 1 Description Unit_. Total Est~ Unit Price Total'Pr ce # Qty _ 1 Salt,straight Ton 11,775 79.42 836,260.54 Belton 1500 Edv�ardsv111 80 Jackson Count} 4000 Lee's Summit Sdoo North Kansas City Soo Platte 041 156 _ Truman Medical Center:_ 375 2 ClearLane"enhanced de-icer,or approved'alternate Tan 1,000 82.41 82,010.40 Lee's 5urrifni 500 State'brand bidding. S110WSIICer Liberty-Hospital( 250 plath ' 250 3 3.2%calcium chloride solution(CaCl2) Gallon 4,500 - No Bid Lee's Summil 4500 - Olathe 15000' 4 Icellan® - Gallon 17,600 No Bid Johnson County,Ks.Road&Brid -ge 11000 Shawnee 6600 5 Magnesium Chloride Liquid - (FreezGard CI+Magnesium Chloride Liquid Gallon 2,500 NO bid Inhibitor)or approved alternate Platte CitV 2500 tate brand bidding: TOTALB ID: 918270.54 State minimum delivery requirements,if any: 25 tons Payment Terms are Net 30 for all orders. Yes® or No []Do you offer an early payment discount(i.e.2%Net 10) If yes,state discount !A Net_Days Do you offer an"off shelf'discount for similar products within scope of work? Yes❑ or.Noo If yes,state discount If yes,attach price sheet for other products/services % provided. This pricing will hot be used in the evaluation process. State maidmum percentage participants can order over 20 their estimated tonnage,if applicable: 15 of 25 i State de_livery.rate;'per mile,for deliveries outside the 51-100 _ mile 50 mile radius:(FOB Destination&inside delivery 101-150$±TjmIle iriciuded,in pricing far deliveries within 50.rnile radius). 151-200$ 60 /mile Delivery time:foepre-season aiders (before Nou I5} 10 Days(business). Delivery time The non-emergency"seasonal orders(after io'tS pays(business) Nov 15): _ I Delivery time for emergency.orders(after receipt of order). 10 Days(bus'! Pick .p.at bidder's location,after receiptof order: NA - Days(business} State average ton load capacity.of bidder's trucks: 25 Tonssper Truck State location-of bidder's facility: Central Salt,.1420-StateHwy 14, Lyons,.KS -67554 State hours of facility operations: 6 OOatti--10 QUOM Mcanday-Frirlay state location of salt productian facility: 1420 State Hwy 14; Lyons,KS 67554-- Is the addenda signed&attached to bid(if issued)? Y or-Nd. Does your company proVide online-drdering ability? Yes o iUo If yes,.provi a link:.: D®es yourcompany accept government procurerrient yes b(No cards(i.e.Mastercard,Visa)? 5.1 REFERENCES;< - Provided three(3)references for service,provided within the past five(5)years that are comparable to services described in the scope of the project:. Reference 1 Reference 2 Referenre3 Contact - - - Name Rhonda Ruark Joyce Lelvas. Tammy Young i Tiiie. Purchasing. . Purchasing Company - - State of low a State of Oklahoma Missouri Department of Transportailon, Address- - 4 cit#56te 800 Lincoln 1fVay,Ames,l,4 500101) 2401 N Lincoln Blvd,Suint 116. $g0 pgoDOT Drive,Jefferson Cfty.MO 65109 _.- -- Oklahoma City,PK 7310$ Plane - --- - ---- - nunber: 515-239=157.8' 405-521-3835 573.-526-7929 Services - - - Provided' Delivered Road Salt Delivered Road Salt Delivered Road Salt I ©ate services _- p alded; 2004 -'2019" 2010 i-2019 2011:=2019 5.2KEY PERSONNEL: hist staff members that will"be responsible for all work performed under this contract:(attach separate sheet if necessary). Identify the key individuals who will,administer this contract. Describe,the level of experience.and. credentials of the'individuals.assign ed to this project; Name QualificaNnns TrarnittR Esperienee a. Lod'Young CSR Supervisor b` Braridi Pracoplo. Customer Service C. 15 of 25 i I 5.3 SUBCONTMUORS: Bidders must Include information and references for any subcontractors to be utilized under this work If no subcontractors will be used,state"N/A"®r"none". Company Name/Address. Work'to be performed: References:Ccm any name Contact Name&Phane No. -2575626 Various Carriers Delivery of salt Centra!Salt, LLC Lori Young, 820 - .- _ 5.4 AVAILABLE EQUIPMENT: Available equipment means equipment to be.used,for work specified in bid;that is in possession of the contractor or subcontractor`,either by purchase,lease,or existing equipment,if applicable. i i b. - e. C. f. - 5.5 Coni iete the following for ordering,purchase orders,and remittance contact information: ordering Contact Person: . Lori Young Phone No.: - - Fax`Niv - 620-257-5626 ext 505 620-257-5052 , Email: _ lyoung@centraisalt.com Mailing-address Contact Person: far Purchase Lori Young Orders: Phone No.:: Fax Nor: 62.0-25T-5626 ext 505 ;620-257-5052' Address: 1420 state Hwy 14 City,state,zip - Lyons, KS_67554 Mailing address Contact Person: - for Payments: 'Lori Young Phone No.: Fax Noa. 620-257-5626 ext 505 '620-2577-5052 Address: PO Box 870551 City;state,zip -- Kansas-,City, MO 64187-0661 sales/Rebate Contact Person:Lori Young Reporting: Phone No.:620-257-5626 ext 505 Email: lyoung@centralsalt.com 17 025 5.6 BIRDER'S CHKKLISTs IMPORTANT-DO NOT FAX BID OR ANY ADDENDUMS ❑ Acknowledge Addenda(if any)by signing-and returning with bid(do not fax). Confirm if addendurns have been n Issued,by,either contacting the-Program-Coordinator,or checking the web sites-at www,marc.6dg1kcroc/br eyvrw.demandstar.corn. ❑ Complete and submit Section Sib pricing and Appendices in their entirety by electronic mail in PDF format: STATEMENT OF OFFER: Bidder to check-(a)oe(b),and(c)and(d)if Bidder agrees to statement,and sign. a_Q Bidder does not make an iiffet in response to.this invitation. or b.® Statement Of Firm Offer— Bidder's offer Will be held open and is,not revocable within ninety(SO)calendar days after response deadline. We have read the Specificatioris,411 Special Conditions,Information for Bidders and•General Conditions, . completed the necessary bid information,and,agreeto provide samples,as requested. Bid pricing includes inside delivery,as specified in bid invitation. r.0' Cooperative Purchasing By Other Entitles(Non-Participants)Under This-Contract d.® Certification Regarding Debarment and Suspension and Compliance Report(Appendix A&B)completed and included With bid - Central Salt, LLC (620)2.57-5626 ext 505 Bidder's(Company)Name Phone No Br Lori Young (620)2575052 Signature of AuthorizedAderit Fax No Customer Service Supervisor 5/1-7/201.9:' Title _ Date 1420 State-Hwy 14 lyoung@centralsalt.com Address - E-Mail Address Lyons, KS 67554 0-:1188697- CityAtate/zip Tax ID:No. Revisbns: 12/13 para 2.22(added Individual requirements),5.0signature block 03/ $/ 002/04 pan 2,3.5(agdress),2.7(pro'-cards);3.3,3.3.5,3.73 05/11/Od pan 3.1.14 09/16/04 para 3.7,11'e,3Section 5,0 02/08/05 para3.3ExecuttonofAgreement and`para 3.B.2Purchaseorders 04/01/05 changed administration fee&frequency of reporting 02/27108 Added Nbarment and Suspension Certification Form 12/05/08 Added Missouri Sunshine Law para 04/17/19 para3.23.1awsgoverning 18 of 25. Jackson County,ivliasouri i AFFIDAVIT f - i STATE OF Kansas i SS. COUNTY OF Rice Lori YoungL ons i of.the City of.Y County of Rice State of Kansas being duly sworn on her or his oath,deposes and says. 1. That 1 am the cUstoinerserwcesupervisor (title of Affiant) of ccwal salt,uc (Name of Bidder),and have been authorized by said Bidder to make this . .Affidavit upon my best information and belief,after reasonable.inquiry as to the representations herein. t 2. No Officer,Agent or Employee of Jackson County,Missouri.is financially interested directly or indirectly what Bidder is offering to sellto the County pursuant to this Invitation(though'iio representation is made regarding potential ownership of publicly traded stock of bidder). 3. If kidder were awarded any contract,job,work or service for Jackson County,Missouri,no Officer,Agent orEmployee.of the Coun#y would be interested in or receive any benefit from the profit or emolument of such. 'l. Either Bidder is duly listed and-assessed on the tax rolls of Jackson County,Missouri and is not delinquent j in the payment of any taxes due to the.County or Bidder did not have on.December 31,2018 any property subject to taxation Fly the County.and.if bidder is duly listed and assessed on.the tax rolls of Jackson County,Missouri,bidder agrees to permit-an audit of its records,,if requested by the Jackson County Director of Assessment,as they relate to i the assessment of Business Personal Property. 5. Bidder has not participated in collusion or committed any act in restra_i_ntof trade,directly or.lndirectly,which bears upon anyone's response or lack of response to the Invitation. ti. Bidder certifies and warrants that Bidder or Bidder's firm/organization is not listed on the General Services Administration's Report of Debarred and/or Suspended Parties;or the State of Missouri and City of Kansas City, Missouri Debarm6nt List 7. Bidder certifies and af;irms its enrollment and participation in a fedefal work,authorization program with respect to the-employees working in connection with tfre con tracted'services. 8. Bidder certifies and affirms that it doe's not knowingly employ any person who,is an unauthorized alien in connection lvith the contracted services. central salt.t.tc (Name of Bidder) By `�n. . ...-r . (Signaturu of Affiant) Customer Service Supervisor ,(Title of Affiant) Subscribed and sworn to before me this 17th day of_ May 2019 A NOTARY PLTBL.IC in and for the County of J)}� P- (SEAL) BL- PROCOf?it7 tJolsry PUbl'c.-State of Kansas State of �`IC j t�Y Appt.tcxplros J=g My Commission Expires: 1.9•of.25 i i S JACKSON COUNTY, MISSOURI i COMPLIANCE (REVIEW FORM { . i Reportbate:05/20/2019 _ (AD riepoitsezWre aen6alty.orr December3is# s DIRECTIONS-FOR COMPLETION: Please fill out form completely.If a'questipn refers to°past report"and this is your first one,place"'1st Report"in the-blank.If a.question addresses an area which does not apply to your company,such as I (subcontractors),place"'NIA"in the blank.Please b rsure this and subsequent reports are SIGNED.AND DATED.If you have any questions,please call our office at(816)881-3302:" Mail/Fax or Email reports to: Tom Wyrsch Contract Compliance Review Director 415 East:12in Street--2ha Floor Kansas City, Missouri 64106 EMAIL:cro@a jacicsongov.org FAX:(816)881=1223 1.COMPANY DESCRIPTION: Name of Company ceMrol Salt,.LLC Street Address 142D stat6 yHy 14 City Lyons . Slate__KS Zip 67554 Email"Address:lyounopeenyaisalkcom Website.Address:www.de&, llsaltcom _ Area Code 620 Telephone Number 257-562uexm!i Representative Name Lori*ung 2.COMPANY STATISTICS: A.Total inumber of Employees 6 _ B.Total Number of Employees who are: 1.women 6 4.Asian 2.Hispanic : 5,American Indian 3:Black 6. Biracial YES NO NIA 3. Has-your company advertised for applicants since your report? no If so,please Ittach,a list of publications:in which ads appeared,,the'dates- of advertising, and copies of such advertisement_ _ 4. Has there been an effort since your last report to further orientate supervisors and key personnel to the spirit and intent of the program? no_® If so,please attach a detailed report of such.efforts S.Have there been any adjustments in your job-prerequisites or your recruiting and intake procedures? If Eo,please attach a narrative of such efforts. no YES NO NIA 6. Has any effort been made since your last report in disseminating your policy.to all your employees or in encouraging them to refer.Minority or Female applicants? no Zo of:25 i t If so. please attach a narrative of such-efforts. 7.Are.you attaching any other comments or coneems-which you would like to have reviewed as part of determining compliance with.your programs?no List.all.mihority contractors/suppliers(Minority Owned Business Enterprises MBE or Women Owned Business Enterprises WBE)with which.you have contracted during this reporting period. NAME OF.COMPANY . STREI T ADDRESS REPRESENTATIVE NAME TELEPHONE NUMBER EMAIL AbDRESS. WEBSITE ADDRESS, PRODUCTS, SERVICE;AREA OF SCOPE OF WORK DURATION OF CONTRACT AMOUNT OF.CONTRACT B REPEATi THE ABOVE'INFORMATION.ON.A SEPARATE SHEET FOR AQDITIONAL MBFIWBE FIRMS WITHIt HOM YOU HAVE CONTRACTED. Figures of Employment Analysis section of this report Was obtained from: YES NO 1.Available employment-yes 2.Visual check yes 3.Other(specify) i This Compliance Review Form was prepared and submitted by: iS gnature V Lori Young,,cSR Supervisor Name and Title asno�2ois Date I certify that all answers.and information herein contained are true to the best of my and knowledge, understand that any misstatement of fact may subiect this companyto non-compliance procedures I 21 Etas s i i I t I APPENDIX D MISSOURI DOMESTIC PRODUCTS.PROCUREMENTACT (Applies to.bids/contracts with$25,1700 value or more on non-Federal funded purchases) DATE: 05120/2019 The bidders'attention is directed to Section 34.076 R5Mo:2000 which gives preference to Missouri corporations,firms; and Individuals when letting contracts or purchasing products: Bids/Quotations received will be evaluated on the basis of this legislation. By virtue of statutory authority,'RSMo. 34.076 and 34.350 to 34.359,a preference will be given to materials,products, supplies, provisions and all other articles produced, manufactured, made or grown within the State aF Missouri. Such preference shall be given when quality is equal or better and delivered price is the same or less. Alf bidder's submitting a bid/quotation must furnish ALL information requested below. I i FOR CORPORA`RONS State in which incorporate Missouri - FOR OTHERS:W e State of domicile: FOR ALL BIDDERS List address of Missouri offices or Rlaces of business: � l THIS SECTION MUST BE COMPLETED,SIGNED AND SUBMITTED WITH BID: COMPANY/FIRM NAME: Central Salt,LLC i,ADDRESS: 1420 State Hwy 14. r CITY,Si'ATE,:ZIP _ l I LYPf►S.KS 67554 f BY(SIGNATURE) r BY(PRINTNANIE): Lori Yong.C R upenrisor FEDERAL TAX I.t7;NUM9ER;or useSodai Security number.. A3 1786697 5J27J10 2i f Zs I 1 i 1 APPENIM C' PAISSDURi SERVICE--DISABLEb'VETERAN BUSINESS PREFERENCE (AP ples,to.non Federal funded projects) �. i By virtue of statutory authority,RSMo 34 0774,a preference will be given ail contracts for the performance of any job or servie@ toservice-disabled veteran busmiass either doing bus'ine`ss as Mlssouri firms,corporations,or individuals;or which-maintaltf"Missouri offices or places of business,when the quality of performance promised Is equal orbetter and the price quoted is the-same or iess:or.whenever compet1n9'b1& in their entirety,are corriparable. Defimtians: Service-Disabled Veteran_is.deflned as any individual whmis disabled as,ce-rtfie_d by the'appropriate federai agency responsible for the administration of veterans'affairs. i Service-Ilisabled Veteran Business is defined as a business concern: . i a. Not less than fifty-ofie(51)petcent of which is owned`byone or more service disabled veterans or,in the case .of any publidy owned business,not..less than fifty=one,(51),percent of the stock of which is ouvned by one or more service4sabled veterans,and' b. The Management and dailybusines's operations of Which are:controlleo byone oriribreservice-disabled- Veterans.. f If an offeror meets the definitions of a`service=disab{ed veteran and aservice=disabled veteran business as defined in 34.074 RSMo and N either doing business as a Missouri firm,:corporation,or indi'Idual-,or nialntains a Missouri office or place of business,the offeror must provide thefollowing with the.proposal.in order to.receiye the Missouri$ervice- disabled veteran business preference overa non-Missouri service disabled.veteran business when the quality performance proWsed is-equal or better and the price quoted is the same at less or whenever competing.prap®suis,in .thele entirety,are comparable:" a. A copy of a letterfrom the Department of Veterans Affairs(VA),oe copy.of the offerors discharge.:paper(pp Form 214,Certificate of Release or bischatge from Active-Duty)from the branch of service the offerorwas in, stating that the offeror-has a service-connected disability rating ranging,fram 0 to 100.9&disability,=,and b. A compieted,copy of this exhibit. (NDTEs For ease of evaluation,please attach copy of the above-referenced letterfrom the VA or a copy of the offero?s discharge paper' this Exhibit.) . -Byslgning beloviv,I ce tify that I,meetthe definitions of a wVice,disabied veteran;and-a service=disabled veteran i business as defined in 34.074 RSiNo grid that.l am either doing;business as"a Missouri firm,corporation,or individual;or maintain Missourroffices or places of business.at the locations)listed below. Veteran Information. 6usiness'Information Feint Name of Service-Disabled Veteran Service-Disabled Veteran Business Name ' Service-Disabled Veteran's Signature :Street Address City;State.and -Zip: 5f27/1Q 23 0{25 I i 1 APPENDIX B AUTHORIZATION AND.CERTIFICATION OF NON-COLLUSION AFFIDAVIT STATE OF Kansas ) .}} 5S. COUNTY of -Rice. Lori Young of the City of Lyons (Name of Individual) 3 County of Rice State of Kansas being duly sworn on her be-his oath,.deposes and says; 1. That I am the Customer Service.Supervisor (Title}'of Central Salt; Ll_C _- (Firm Name) and have been authorized bysaid firm.to make this affidavit on its behalf; 2; No officer, agent or employee of MARC/KCRPC ovPARTICIPANlS is financially interested, directly.ar indirectly in what Bidder is offering to sell to-the.PARTICIPANTS pursuant to this 1_nvitation; 3. If Bidder were awarded any contract,.job work or service for MARC/KCRPC OR PARTICIPANTS, no officer, agent or employee of the city would be flhancially interested in or receive any benefit from the profit or payments�bf such;. 4, Bidder his-not participated in collusion or committed any act in restraint of trade, directly or indirectly,which bears upon anyone's response or lack of response to this Invitation. Ceriti•al Salt, LLC _ (Firm Name). .- _ (Signature) Lori Young - - (Printed Name) Cu..stamer Service Supervisor (Title) Mailing Address'1420 State Hwy 14;Lyons, KS 67554 Phone(620)257-5626 ext 505 FAX (620)257-5052 E-mail Address: Iyoung@centrMsalt.com. Subscribed and sworn tb before me this 20th . day of Mei , 2019 9422, F BRANDI PROCLrPIOhb Fuci;i-slave of Koreas NOTARY PUBLIC in and for the County of Rice .E�plres j.- - State of Kansas (SEAL) My commission expires: 24 of 25 { i APPENDIX A BIDDER WARRANTIES A. Bidder warrants That-it is Willing and able to comply with State of Missouri laws with respect � ta.foreign(non-state of Mlssouri)'corporations. B. Bidder warrants that it is willing and able to obtain an errors and omissions insurance p4licy;praviding.a0rudent amount of coverage for the wiltf_ul.or negligent acts;or omissions of any offlcers,'employees orcagents thereof. C Bidder warrants that it will not delegate tar subcontract its responsibilities .under an; agreement with6ut.the prior'written permission of the MARC Q. Bidder warranty that all information provided by it in connection with this proposal is true and accurate. Signature of Official: ;,., Name(Printed):Lori. -Young t1tj@:Customer Service-Supervisor tate:05/20/2019 25 of25 4��L Page 1/8 CENTRAL SALT' Safety Data Sheet(SDS) OSHA HazCom Standard 29 CFR 1910.1200(8)and GHS Rev 03. Issue date 10/12/2015 Reviewed on 10/12/2015 Product Identifier Trade name:SnowSlicer® Relevant identified uses of the substance or mixture and uses advised against: Product Description Deicing Salt Details of the Supplier of the Safety Data Sheet. Manufacturer/Supplier: Central Salt LLC 385 Airport Road, Suite 108 Elgin, IL 60123 USA 1-847-608-8130(For product information) 1-847-608-8135 (Fax) Emergency telephone number. 1-620-257-5626(For emergencies) Classification of the substance or mixture: • GHS07 Acute Tox.4 H332 Harmful if inhaled. Skin Irrit. 2 H315 Causes skin irritation. STOT SE 3 H335 May cause respiratory irritation. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . - - - - - - - - - - - - - - - Eye Irrit. 2B H320 Causes eye irritation. Label elements: GHS label elements The substance is classified and labeled according to the Globally Harmonized System (GHS). Hazard pictograms: 1 • GHS07 Signal word:Warning Hazard-determining components of labeling: Sodium Chloride Hazard statements: Harmful if inhaled. Causes skin and eye irritation. May cause respiratory irritation. Precautionary statements: Avoid breathing dust/fume/gas/mist/vapors/spray. Use only outdoors or in a well-ventilated area. Wear protective gloves. Wash thoroughly after handling. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Specific treatment(see supplementary first aid instructions on this Safety Data Sheet). IF INHALED: Remove person to fresh air and keep comfortable for breathing. (Contd.on page 2) 4�L, Page 2/8 CENTRAL SALT Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g)and GHS Rev 03. Issue date 10/12/2015 Reviewed on 1011212015 Trade name: SnowSlice►® Call a POISON CENTER/doctor if you feel unwell. If skin irritation occurs: Get medical advice/attention. If eye irritation persists: Get medical advice/attention. IF ON SKIN: Wash with plenty of water. Take off contaminated clothing and wash it before reuse. Store locked up. Store in a well-ventilated place. Keep container tightly closed. Dispose of contents/container in accordance with local/regional/national/international regulations. Classification system: NFPA ratings(scale 0-4) Health = 1 Fire = 0 Reactivity = 0 HMIS-ratings (scale 0-4) HEALTH Health = 1 FIRE o Fire = 0 REACTIVITY QO Reactivity = 0 Hazard(s) not otherwise classified(HNOC): None known Chloride Solution with Proprietary Additive <3% Colorant(Violet& Red) <1% Chemical characterization:Mixtures Description: Mixture: consisting of the following components. Dangerous Components: CAS: 7647-14-5 Sodium Chloride >97% RTECS: VZ4725000 I Acute Tox. 4, H302; Acute Tox. 4, H332; Skin Irrit. 2, H315; STOT SE 3, H335; Eye Irrit. 2B, H320 Description of first aid measures: After inhalation: Remove to fresh air. If not breathing, give artificial respiration or give oxygen by trained personnel. Get immediate medical attention. After skin contact: Wash with soap and water. Get medical attention if symptoms occur. After eye contact: If contact with eyes, remove contact lenses if worn and immediately flush eyes with plenty of water for at least 15 minutes lifting upper and lower eyelids occasionally. GET MEDICAL ATTENTION IF IRRITATION OR BLURRED VISION OCCURS. After swallowing: Induce vomiting as directed by medical personnel. Never give anything by mouth to an unconscious person. GET MEDICAL ATTENTION IMMEDIATELY. Information for doctor: Most important symptoms and effects, both acute and delayed: No further relevant information available. (Contd.on page 3) Safety Data Sheet (SDS) Page 3/8 CENTRAL SALT OSHA HazCom Standard 29 CFR 1910.1200(g)and GHS Rev 03. Issue date 10/12/2015 Reviewed on 10/12/2015 Trade name: SnowSlicer® Indication of any immediate medical attention and special treatment needed: No further relevant information available. Extinguishing media: Suitable extinguishing agents: CO2, extinguishing powder or water spray. Fight larger fires with water spray or alcohol resistant foam. Special hazards arising from the substance or mixture: No further relevant information available. Advice for firefighters: Protective equipment: As in any fire, wear self-contained breathing apparatus pressure-demand (NIOSH approved or equivalent) and full protective gear to prevent contact with skin and eyes. Personal precautions, protective equipment and emergency procedures: Not required. Environmental precautions: Do not allow to enter sewers/surface or ground water. Methods and material for containment and cleaning up: Use the appropriate tools to collect the material and dispose of it in an approved waste disposal container. Dispose of the collected material according to regulations. Reference to other sections: See Section 7 for information on safe handling. See Section 8 for information on personal protection equipment. See Section 13 for disposal information. Handling Precautions for safe handling: Handle in accordance with good industrial hygiene and safety practices. Avoid contact with eyes, skin and clothing. If ingested, seek medical advice immediately and show the container or the label. Use with adequate ventilation. Avoid breathing dust. Wash thoroughly after handling. Information about protection against explosions and fires: No special measures required. Conditions for safe storage, including any incompatibilities: Storage Requirements to be met by storerooms and receptacles: No special requirements. Information about storage in one common storage facility: See Section 10 (Incompatible materials) Further information about storage conditions: No further relevant information available.. Specific end use(s): No further relevant information available. Additional information about design of technical systems: No further data; see section 7. Control parameters: Components with occupational exposure limits: The product does not contain any relevant quantities of materials with critical values that have to be monitored at the workplace. Additional information:The lists that were valid during the creation of this SDS were used as basis. Exposure controls: Personal protective equipment: General protective and hygienic measures: Keep away from foodstuffs, beverages and feed. (Contd.on page 4) Page 4/8 CENTRAL SALT'r-.1i,4N Safety Data Sheet(SDS) OSHA HazCom Standard 29 CFR 1910.1200(g)and GHS Rev 03. Issue date 10/12/2015 Reviewed on 10/12/2015 Trade name:SnowSlicer@ Immediately remove all soiled and contaminated clothing and wash before reuse. Wash hands before breaks and at the end of work. Breathing equipment. Not normally required with this product. If the exposure limit is exceeded, and engineering controls are not feasible, see 29CFR1910.134 for details. Protection of hands:Not required. Eye protection: 0 o Safety glasses Information on basic physical and chemical properties General Information Appearance: Form: Crystalline powder Color. Slightly Red Odor. Slight Odor threshold: Not determined. pH-value @ 20 °C(68 °F): 7 Change in condition Melting point/Melting range: 801 °C (1474°F) Boiling point/Boiling range: 1413 °C (2575 °F) Flash point: None Flammability(solid, gaseous): Not determined. Ignition temperature: Not determined Decomposition temperature: Not determined. Auto igniting: Product is not self-igniting. Danger of explosion: Product does not present an explosion hazard. Explosion limits: Lower. Not determined. Upper. Not determined. Vapor pressure: Not applicable. Density @ 20°C(68 °F): 2.165 g/cm'(18.067 lbs/gal) Bulk density @ 20°C(68 °F): 800-1600 kg/m' Relative density. Not determined. Vapor density. Not applicable. Evaporation rate: Not applicable. Solubility in/Miscibility with: Water @ 20 °C(68 °F): 358 g/I Partition coefficient(n-octanol/water):Not determined. Viscosity. Dynamic: Not applicable. (Contd.on page 5) OTS Page 5/8 CENTRAL SALT Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g)and GHS Rev 03. Issue date 10/12/2015 Reviewed on 10/12/2015 Trade name: SnowSlicer® Kinematic: Not applicable. Other information: No further relevant information available. kA . ._. = , = - Reactivity: No further relevant information available. Chemical stability:Stable under normal conditions. Thermal decomposition/conditions to be avoided:When heated to decomposition it emits toxic fumes. Possibility of hazardous reactions: No dangerous reactions known. Conditions to avoid: High temperatures. Incompatible materials: Reactive with oxidizing agents, metals, acids. Hazardous decomposition products: No dangerous decomposition products known. Information on toxicological effects: Acute toxicity: LD/LC50 values that are relevant for classification: 7647-14-5 Sodium Chloride Oral LD50 3000 mg/kg (rat) Dermal LD50 >10000 mg/kg (rabbit) Primary irritant effect: On the skin: No irritating effect. On the eye: Irritating effect. Additional toxicological information: The product shows the following dangers according to internally approved calculation methods for preparations: Irritant Carcinogenic categories: IARC(International Agency for Research on Cancer): None of the ingredients are listed. NTP(National Toxicology Program): None of the ingredients are listed OSHA-Ca(Occupational Safety& Health Administration): None of the ingredients are listed. Toxicity: Aquatic toxicity: 7647-14-5 Sodium Chloride EC50 1661 mgt(Water flea) _ Persistence and degradability: No further relevant information available. Behavior in environmental systems: Bioaccumulative potential: No further relevant information available. Mobility in soil: No further relevant information available. Additional ecological information: General notes: Do not allow undiluted product or product that has not been neutralized to reach ground water, water course or sewage system. (Contd.on page 6) ,gAt, Page 6/8 Safety Data Sheet (SDS) CENTRAL SALT OSHA HazCom Standard 29 CFR 1910.1200(g)and GHS Rev 03. Issue date 10/1212015 Reviewed on 10/12/2015 Trade name: SnowSlicer® Results of PBT and vPvB assessment: PBT. Not applicable. vPvB: Not applicable. Other adverse effects: No further relevant information available. Waste treatment methods: Recommendation: Observe all federal, state and local environmental regulations when disposing of this material. Uncleaned packagings: Recommendation: Disposal must be made according to official regulations. UN-Number: DOT, ADR, ADN, IMDG, IATA Non-Regulated Material UN proper shipping name: DOT, ADR, ADN, IMDG, IATA Non-Regulated Material Transport hazard class(es): DOT, ADR, ADN, IMDG, IATA Class: Non-Regulated Material Packing group: DOT, ADR, IMDG, IATA Non-Regulated Material Environmental hazards: Not applicable. Special precautions for user: Not applicable. Transport in bulk according to Annex 11 of MARPOL73178 and the IBC Code: Not applicable. UN "Model Regulation": Non-Regulated Material Safety, health and environmental regulations/legislation specific for the substance or mixture: SARA (Superfund Amendments and Reauthorization): Section 355(extremely hazardous substances): None of the ingredients are listed. Section 313(Specific toxic chemical listings): None of the ingredients are listed. TSCA (Toxic Substances Control Act): All ingredients are listed. California Proposition 65: Chemicals known to cause cancer: None of the ingredients are listed. Chemicals known to cause reproductive toxicity for females: None of the ingredients are listed. Chemicals known to cause reproductive toxicity for males: — None of the ingredients are listed. —� (Contd.on page 7) 0��L Page 7/8 CENTRAL SALT Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g)and GHS Rev 03. Issue date 10/12/2015 Reviewed on 10/12/2015 Trade name: Snows/ice►® Chemicals known to cause developmental toxicity: None of the ingredients are listed. Carcinogenic categories: EPA (Environmental Protection Agency): None of the ingredients are listed. TLV(Threshold Limit Value established by ACGIH): None of the ingredients are listed. NIOSH-Ca(National Institute for Occupational Safety and Health): None oft ingredients are listed. GHS label elements The substance is classified and labeled according to the Globally Harmonized System (GHS). Hazard pictograms: 1 GHS07 Signal word:Warning Hazard-determining components of labeling: Sodium Chloride Hazard statements: Harmful if inhaled. Causes skin and eye irritation. May cause respiratory irritation. Precautionary statements: Avoid breathing dust/fume/gas/mist/vapors/spray. Use only outdoors or in a well-ventilated area. Wear protective gloves. Wash thoroughly after handling. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Specific treatment (see supplementary first aid instructions on this Safety Data Sheet). IF INHALED: Remove person to fresh air and keep comfortable for breathing. Call a POISON CENTER/doctor if you feel unwell. If skin irritation occurs: Get medical advice/attention. If eye irritation persists: Get medical advice/attention. IF ON SKIN: Wash with plenty of water. Take off contaminated clothing and wash it before reuse. Store locked up. Store in a well-ventilated place. Keep container tightly closed. Dispose of contents/container in accordance with local/regional/nationalrintemational regulations. National regulations: The product is subject to be classified according with the latest version of the regulations on hazardous substances. (Contd.on page 8) Page 8/8 CENTRAL SALT Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g)and GHS Rev 03. Issue date 10/12/2015 Reviewed on 10/12/2015 Trade name: SnowSlicer® State Right to Know: � CAS. 7647-14-5 Sodium Chloride RTECS: VZ47250001<�>Acute Tox. 4, 1-1302; Acute Tox. 4, H332; Skin Irrit. 2, H315; STOT SE 31 H335; Eye Irrit. 213, H320 Chloride Solution with Proprietary Additive <3% Colorant(Violet&Red) <1% All ingredients are listed. Chemical safety assessment:A Chemical Safety Assessment has not been carried out. The information and recommendations in this safety data sheet are, to the best of our knowledge, accurate as of the date of issue. Nothing herein shall be deemed to create warranty, expressed or implied, and shall not establish a legally valid contractual relationship. It is the responsibility of the user to determine applicability of this information and the suitability of the material or product for any particular purpose. Date of preparation/last revision: 10/12/2015/2 Abbreviations and acronyms: ADR:The European Agreement concerning the International Carriage of Dangerous Goods by Road ADN:The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways IMDG:International Maritime Code for Dangerous Goods DOT:US Department of Transportation IATA:International Air Transport Association ACGIH:American Conference of Governmental Industrial Hygienists EINECS:European Inventory of Existing Commercial Chemical Substances ELINCS:European List of Notified Chemical Substances CAS:Chemical Abstracts Service(division of the American Chemical Society) NFPA: National Fire Protection Association(USA) HMIS:Hazardous Materials Identification System(USA) LC50:Lethal concentration,50 percent LD50:Lethal dose,50 percent PBT:Persistent.Bioaccumulative and Toxic vPvB:very Persistent and very Bioaccumulative Acute Tox.4:Acute toxicity, Hazard Category 4 Skin Irrit.2:Skin corrosion/irritation,Hazard Category 2 Eye Irrit.213:Serious eye damage/eye irritation, Hazard Category 2B STOT SE 3:Specific target organ toxicity-Single exposure,Hazard Category 3 *Data compared to the previous version altered. SDS created by MSDS Authoring Services www.msdsauthoring.com +1-877-204-9106 Gffl$q YEARLY CONTRACT for SALT&DEICER MARC/KCRPC Bid NO.66 This CONTRACT, by and between Mid-America Regional Council/Kansas City Regional Purchasing Cooperative, hereinafter referred to as "MARC/KCRPC",and Scotwood Industries, Inc., hereinafter referred to as"Contractor" is effective this 11T day of June, 2019. WITNESSETH: WHEREAS, MARC/KCRPC does hereby accept, with modifications, if any,the bid of Scotwood Industries, Inc. The bid document and submittal by Contractor is made a part of this contract. Awarded items include: • Item 3 calcium chloride 32% (CaC12)$1.160 gallon delivered (minimum delivery of 4300 gallons) • Item 4 Ice Ban(84.16)$1.365 gallon delivered (minimum delivery of 4500 gallons) • Item 5 magnesium chloride(Freezgard CI+) o Less Than Truck Load(LTL) 2500 gallons$1.350 gallon o Full Truck Load (FTL)4500 gallons$1.235 gallon • For orders less than above stated minimums, an alternate price can be quoted. NOW,THEREFORE, in consideration of the mutual covenants contained herein,the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide awarded items on an as-needed basis,for MARC/KCRPC Participants, as specified on attached price sheet. Contract pricing is available to Non-Participants. Any Non-Participants expressing interest in using the contract will be mutually agreed upon, by issuance of contract modification. All sales will be made in accordance with the prices,terms and conditions of the invitation for bid and any subsequent term contract. All sales to Participants or Non- Participants will be made on purchase orders issued by that jurisdiction. All receiving, inspection,payments and other procurement administration will be the responsibility of the ordering Participant or Non-Participant The Contractor shall furnish to MARC/KCRPC: a) Payment of the 1.5 percent Administrative Fee to MARC/KCRPC, based on gross sales for each month to Participants and Non-Participants- All payments shall be made payable to: Mid-America Regional Council(bid number and month of sales must be referenced on each payment.)Mail payment to Attn: Finance Department, MARC, 600 Broadway Suite 200, Kansas City MO 64105-1659. b) A composite report of all contract purchases against any and all purchase orders issued against this contract. The report shall be compiled and submitted to Program Coordinator by electronic mail. Copies of invoices may be submitted electronically,in lieu of a composite report. 2. CONTRACT TIME Contract is effective from June 1, 2019 to May 312020 with the option to renew in writing for four(4)one-year renewal periods. 3. INVOICES Invoices for orders placed by MARC shall be prepared and submitted in triplicate, unless otherwise specified,to the Participant or Non-Participant. All invoices shall contain the following information:contract number, purchase order number,catalog number; description,quantities, unit prices and extended totals. Invoices for and inquiries regarding payment should be addressed to the ordering Participant or Non-Participant. Payment terms are Net 30. 4. TERMINATION This contract may be terminated by either party upon sixty(60)calendar days prior notice in writing to the other party. The MARC/KCRPC and Participants may terminate this contract immediately, under breach of contract, if the Contractor fails to perform in accordance with the terms and conditions of this contract. In the event of any termination of contract Page 1 of 2 by the Contractor that is not due to the breach of this Contract by,or other fault of,MARC/KCRPC or any Participant,the Participants may purchase such supplies and/or services similar to those so terminated,and for the duration of the contract period the Contractor will be liable for all costs in excess of the established contract pricing. S. 0"GE1AND ADDITIONAL SERVICES The MARC/KCRPC may at any time,by written order,make changes or additions,within the general scope of this contract in or to specifications,instructions for work,methods of shipment or packing or place of delivery, if any such change causes an increase or decrease in the cost of or in the time required for performance of this contract or purchase order,the Contractor shall notify MARC/KCRPC in writing immediately and an appropriate equitable adjustment will be made in the price or time of performance,or both,by written modification of the contract. Any claim by the Contractor \ for such adjustment must be asserted within 30 days,or such other period as may be agreed upon in writing by the parties,after the Contractor's receipt of notice of the change. Nothing herein contained shall excuse the Contractor from proceeding with the contract as changed. 6. CONFLICTS OF INTEREST The Contractor, by acceptance of any purchase order resulting from this bid,certifies that to the best of their knowledge or belief,no elected or appointed official of any Participant is financially interested,directly or indirectly, in the purchase of the goods or services specified on this order. 7. COMPLIANT WITH APPLICABLE LAWS The Contractor warrants it has complied with all applicable laws,rules and ordinances of the United States,or any applicable state,municipality or any other Governmental authority or agency in the manufacture or sale of the items covered by this order,including but not limited to,all provisions of the Fair Labor Standards Act of 1938,as amended. $. NOTICES Any notice to any Contractor from MARC/KCRPC relative to any part of this contract will be in writing and considered delivered and the service thereof completed when said notice is posted,by certified or regular mail,to the said Contractor at his last given address or delivered in person to said Contractor or his authorized representative. IN WITNESS WHEREOF,t parties hereto have signed this CONTRACT: By: � n . W4---- BY� David Warm Michelle Nations Executive Director Director,Liquid Division Mid-America Regional Council Scotwood industries 600 Broadway Suite 200 12980 Metcalf Ave Suite 240 Kansas City,Mo.,64105-1659 Overland Park,Kan.,66213 P.913-851-3500 F. 913-851-3553 Email: biddesk@scotwoodindustries.com 41 17 U/77 17-1) t°l Date- Date Distribution: originals(2): Contractor MARc/xCRPC Program Coordinator Staff Contact: Rita Parker,KCRPC Program Coordinator P-$16-246-5083 IF 816-421-7758) Email: nta.aar trrtaxunc r_ou. Attachment:Pricing Page 2 of 2 BID/CONTRACT p 87 SALT&DEICERS ©RPC Effective 6/1/19 to 5/31/20 (With four one-year renewal options) SCOTWOOD INDUSTRIES Item# Description Unit Est.Qty. Unit Price Total Price 3 32%calcium chloride solution(CaCI=) Gallon 4,500 1.160 $ 5,220.00 4300 gallon minimum(for orders less than,call for quote) Lee's Summit 4500 Olathe 15,000 4 IceBan 17,600 1.365 $ 24,024.00 84:16 ratio,4500 gallon minimum(for orders less than, call for quote) Johnson County Ks R&B 11,000 Shawnee 6.600 5 Magnesium Chloride Liquid(FreezGard CI+Magnesium Gallon 2,500 1.35 $ 3,375.00 FREEZEGARD CI+ Chloride Liquid w/Corrosion Inhibitor)or approved LTL 2500 alternate 1.235 $ 3,087.50 FTL 4500 Platte City 2,500 TOTAL BID: $ 32,619.00 MINIMUM DELIVERY,IF ANY Noted above PAYMENT,NET 30,DISCOUNTS? Net 30,no discount OFF SHELF DISCOUNT? No MAXIMUM PERCENTAGE ALLOWED OVER ESTIMATED Not applicable TONNAGE DELIVERY RATE OUTSIDE 50 MILE RADIUS OF METRO 51-100 miles $ 5.50 Per mile 101-150 miles 5 5.00 Per mile 151-200 miles 5 4.25 Per mile DELIVERY TIME PRE-SEASON(BEFORE NOV 15) 4 Business Days DELIVERY TIME PRE-SEASON,NON EMERGENCY(AFTER 3 Business Days NOV 15) DELIVERY TIME EMERGENCY 2 Business Days PICK UP AT LOCATION 1 Business Days AVERAGE TON LOAD OF TRUCKS 23-25 Tons FACILITY LOCATION 12980 Metcalf Ave,Ste 240, Overland Park,Kan.,66213 OPERATION HOURS Varies FACILITY-SALT PRODUCTION Varies ONLINE ORDERING AVAILABLE No PROCUREMENT CARDS ACCEPTED Yes COOPERATIVE PURCHASING ALLOWED? Yes APPENDIX A-BIDDER WARRANTIES Yes APPENDIX B-AUTH&NONCOLLUSION Yes APPENDIX C-MO DAV PREFERENCE "N/A" APPENDIX D-MO PRODUCT PREFERENCE "N/A" APPENDIX E-JACKSON CO COMPLIANCE FORM Yes APPENDIX F-JACKSON CO AFFIDAVIT Yes 0 APC_ KANSAS CITY REGIONAL PURCHASING COOPERATIVE A Partnership of: Mid-America Council of Public Purchasing and Mid-America Regional Council and Local Governments Acting as the lead agency,offers the following INVITATION FOR BID The Kansas City Regional Purchasing Cooperative (MARC/KCRPC) will accept separate sealed bids from qualified persons or firms interested in providing the following,in accordance with the attached specifications: YEARLY CONTRACT FOR SALT and DE-ICERS BID 87(Issued May 3,2019) BIDS MUST BE RECEIVED BY: May 24,2019 by 1:00 p.m. Local Time (Late bids will not be accepted for any reason) BIDS WILL BE OPENED AT: May 24,2019 1:00 p.m. Local Time, RETURN ELECTRONIC BIDS TO: Program Coordinator by electronic mail only SUBJECT LINE: MARC/KCRPC BID 87-OPENS:5/24/19 1:00 p.m. BIDDER'S NAME CLARIFICATIONS: Requests for clarification will not be accepted after 3:00 p.m.on May 15,2019 Submit in writing to: ♦ E-mail: rita.parker@kcrpc.com ♦ Fax: 816-421-7758 NOTICE OF AWARD: Expert to announce by May 31,2019 CONTRACT PERIOD: lune 1,2019 to May 31,2020 with option to renew for four(4)additional one year periods and subject to adjustment based on award date • MARC/KCRPC and Participants reserve the right to reject any,and all,bids,to waive technical defects in bids,and to select the bid(s)deemed most advantageous to the entities. • If Bidders received this bid document from sources other than direct mailing or at DemandStar.com,you must contact the Program Coordinator to be added to the distribution list for any addendums,clarifications,or other bid notices. • It is the responsibility of each Bidder,before submitting a bid,to examine the documents thoroughly,and request written interpretation or clarifications after discovering any conflicts,ambiguities,errors or omissions in the bidding documents. • Open Records Act and Proprietary Information-The Mid-America Regional Council(MARC)is a public organization and is subject to the Missouri Open Records Act(Chapter 610,RSMo).All records obtained or retained by MARC are considered public records and are open to the public or media upon request unless those records are specifically protected from disclosure by law or exempted under the Missouri Sunshine Law.All contents of a response to a Request for Bids,Qualifications,Proposals or Information issued by MARC are considered public records and subject to public release following decisions by MARC regarding the bid request.If a proposer has information that it considers proprietary,a bidder shall identify documents or portions of documents it considers to contain descriptions of scientific and technological innovations in which It has a proprietary interest,or other Information that is protected from public disclosure by law,which is contained in a Proposal. After either a contract Is executed pursuant to the Request for Bids,RFQ or RFP,or all submittals are rejected,if a request is made to inspect information submitted and if documents are identified as"Proprietary Information"as provided above under Missouri Sunshine Law,MARC will notify the proposer of the request for access,and it shall be the burden of the proposer to establish that those documents are exempt from disclosure under the law." 1 of 25 TABLE OF CONTENTS: Cover Page 1 Table of Contents 2 Legal Advertisement 2 1.0 introduction 3-4 2.0 Specific Requirements S-8 3.0 General Conditions(Award and Post-Award) 9-13 4.0 Specifications 14 5.0 Pricing and Submittals 15-18 Appendix A—Bidder Warranties 1 page Appendix B—Authorization to Sign and Non-Collusion 1 page Appendix C—Missouri Disabled Veterans Preference 1 page Appendix D—Missouri Products Preference 1 page Appendix E—Jackson County,Mo.Compliance Report Form 1 page Appendix F—Jackson County,Mo.Affidavit 2 pages LEGAL ADVERTISEMENT INVITATION FOR BID BID#87 MARC/KCRPC is seeking bids for salt and deicers on behalf of area participants. Bid due by 5/24/191:00 p.m. Contact rita.parker@kcrpc.com or visit www.marc.org/kcrpc/or www.demandstar.com. Published: Kansas City Star 5/3/19 The Call 5/3/19 Kansas City Hispanic News 5/2/19 2of25 SCOPE: Mid-America Regional Council/Kansas City Regional Purchasing Cooperative(MARC/KCRPC),will accept separate sealed bids from qualified persons or firms interested in providing snow and ice control materials. The materials include straight road salt,ClearLane'enhanced de-icer or approved alternate,liquid magnesium chloride,and calcium chloride as a yearly contract for area participating governmental entities(Participants). Quantities listed herein,are annual estimates only. All pricing shall be based on F.O.B.destination.Orders will be placed on an"as needed"basis by each participant. No guarantee is made as to quantities purchased. Bidders are required to build into their quoted prices,a 1.5 percent administrative fee which is rebated back to MARC based on sales by the successful bidder. SECTION 1.0 INTRODUCTION 1.1 DEFINITIONS-Definitions of all relevant terms and entities are provided below. Defined terms or entities used in this Invitation for Bid start with a capital letter. 1.1.1 "MARC/KCRPC"refers to Kansas City Regional Purchasing Cooperative,a purchasing cooperative partnership of the MACPP and MARC,and their members,and MARC/KCRPC is responsible for assembling and administering this Invitation for Bid and representing the Participants in the bid process. 1.1.2 "Participants"or"Participating Members' refers to local government entities that are participating in the Invitation for Bid. 1.13 "Non-Participant"means a Municipality,County,State,Governmental Public Utility,Non-Profit Hospital, Educational Institution,Special Governmental Agency or Non-Profit corporation performing governmental functions,that is a member of any chapter affiliate of NIGP-The Institute for Public Procurement (www.nigp.org)and is located within the Greater Kansas City Metropolitan Trade Area,but that is not a listed Participant. 1.1.4 "MACPP"refers to the Mid-America Council of Public Purchasing. 1.1.5 "MARC'refers to the Mid-America Regional Council 1.1.6 "Program Coordinator"refers to the authorized representative of KCRPC designated to handle bid solicitation and award and modification of the contract. 1.1.7 "Administrative Contracting Officer"refers to the authorized representative of each of the Participants authorized to issue purchase orders,receive required documentation,inspect and receive goods,make payments and handle disputes involving shipments to the jurisdiction. 1.1.8 "Bidder"refers to any corporation,company,partnership,firm,or individual that responds to the Invitation for Bid. 1.1.9 "Contractor"shall refer to the corporation,company, partnership,firm,or individual, named and designated in the contract agreement to perform the work or provide the materials covered thereby,and its duly authorized agents or other legal representatives. 1.1.10 "Administrative Fee" refers to the 1.5 percent fee to be paid monthly by the vendor,to MARC/KCRPC,based on gross sales to Participants under the contract. The Administrative fee shall be built into quoted pricing. 1.1.11 The"specifications'include Section 4. 1.1.12 A"subcontractor"is a person,firm or corporation supplying labor or materials,or only labor for work at the site of the project for,and under separate contract or agreement with the contractor. 1.1.13 The term "sample"as used herein includes natural materials,fabricated items,equipment,devices,appliances or parts thereof as called for in the specifications and any other samples as may be required by the Program Coordinator to determine whether the kind,quality,construction,workmanship,finish,color and other characteristics of the materials,etc.,proposed by the Contractor conform to the requirements of the contract documents. Samples approved by the Program Coordinator and Participants shall establish the kind,quality,and other required characteristics,and all work shall be in accordance with the approved samples. Samples,when requested,shall be supplied at no cost to the MARC/KCRPC or Participants. 1.1.14 The term"estimated" represents quantities estimated for the period of time stated. Purchase orders shall be placed for actual requirements as needed. 1.1.15 The term "minimum" means the Participants will order this quantity of supplies during the period of this contract at the price bid. 1.2 KANSAS CITY REGIONAL PURCHASING COOPERATIVE The Mid-America Regional Council(MARC,Federal ID#43-0976432),the regional council of governments and metropolitan planning organization,serving a nine-county region,and the Mid-America Council of Public Purchasing (MACPP),a regional organization of public sector purchasing professionals and a local chapter of NIGP—The Institute for Public(NIGP),initiated the Kansas City Regional Purchasing Cooperative to enhance the current cooperative purchasing efforts in the region. 3of25 The Kansas City Regional Purchasing Cooperative(KCRPC)is a partnership between MARC,MACPP,and local governments.The intent of the KCRPC is to increase the amount and effectiveness of local government cooperative purchasing in the metropolitan area and in the process,reduction in the costs of goods and services by obtaining more responsive prices. The Manager's Roundtable,a committee of city and county managers,provides general guidance and support toward the effort. The KCRPC established a standing Advisory Committee comprised of public sector purchasing professionals in the Kansas City metropolitan area. The Advisory Committee provides professional purchasing expertise,recommendations and resolving disputes. The MARC Board of Directors consists of 30 locally elected leaders representing the nine counties and 119 cities in the bi-state metropolitan Kansas City region. MARC provided initial support for the first two years of the program. It is the intent of the initiative to ensure that KCRPC will remain self-supporting over time by charging a 1.5 percent Administrative Fee to the vendor,based on gross sales on each contract,which is consistent with other national cooperative purchasing program administrative fees. Bidders shall include the 1.5 percent Administrative fee into their unit bid pricing. The KCRPC is not a legal entity,but rather a program of MARC.All future references for KCRPC will be shown as MARC/KCRPC since MARC will be the legal entity coordinating and managing the bid/procurement activities. 1.3 PARTICIPANTS This is a joint bid for a term supply and service contract for the following participating entities: 1 City of Belton,Missouri 2 City of Edwardsville,Kansas 3 Jackson County,Missouri 4 Johnson County,Kansas Road&Bridge—Public Works 5 Liberty Hospital,Liberty,Missouri 6 City of Lee's Sum m it,Missouri 7 City of North Kansas City,Missouri 8 City of Olathe,Kansas 9 City of Platte City,Missouri 10 City of Shawnee,Kansas 11 Truman Medical Center,Lakewood and Downtown facilities ' Additional participants may be added under addendum or by a contract modification (after award)with mutual agreement. 4of25 SECTION 2.0 SPECIFIC REQUIREMENTS 2.1 PREPARATION OF BIDS. 2.1.2 Bidders are expected to examine any,specifications,schedules and instructions. Failure to do so will be at the bidder's risk. 2 1.3 Each bidder shall furnish the information required by the invitation. The bidder shall sign the invitation and print or type his or her name on each bid sheet thereof on which he or she makes an entry. The person signing the offer must initial erasures or other changes. Bids signed by an agent are to be accompanied by evidence of his or her authority unless such evidence has been previously furnished. 2.1.4 Unit price for each unit bid shall be shown and such price shall include packing unless otherwise specified. A total shall be entered in the total column for each item bid. In case of discrepancy between a unit price and extended price,the unit price will prevail. 2.1.5 Alternate bids for supplies or services other than those specified will not be considered unless authorized by the invitation per section 4.0 Specifications. 2.1.6 Bidder must state a definite time for delivery of supplies or services unless otherwise specified in the invitation. 2.1.7 Time,if stated as a number of days,will include Saturdays,Sundays,and holidays. 2.1.8 If the item has a trade name,brand and/or catalog number,such must be stated in the bid. 2.1.9 Prices quoted are to be firm and final. 2.1.10 In submitting bids,bidder agrees that the Program Coordinator shall have 90 calendar days in which to accept or reject any of the bids submitted unless otherwise specified on the bid page. 2.1.11 Pricing Section 5.0 MUST be completed,signed and returned by electronic mail. Bidders shall retain a copy for their records. 2.2 CONTRACT PERIOD 2.2.1 This invitation to bid is for a yearly contract,with option to renew for tour additional one—year renewal periods. 2.2.2 The option to renew for up to four additional one-year contract periods shall be at the discretion of the MARC/KCRPC and the Participants. MARC/KCRPC reserves the right to terminate the current contract without cause and solicit new bids. The Program Coordinator shall notify the Contractor in writing,of the intent to exercise the renewal option. However,failure to notify the Contractor does not waive MARC/KCRPC's right to exercise the renewal option, The Contractor shall be required to submit documentation to the Program Coordinator from the manufacturer or distributor,as proof of any requested price increase. Under no circumstances shall an increase be granted that is greater than the Federal Consumer Price Index(C.P.I.)for the Kansas City area,without approval of the Program Coordinator and the Participants. 2.3 SUBMISSION&ACCEPTANCE OF BIDS 2.3.1 Failure to follow these procedures is cause for rejection of bid. 2.3.2 Section 5.0 and appendices MUST be completed and submitted In PDF format,electronically by e-mail to Program Coordinator by date and time stated on cover page,including any addendums. Bidders shall retain a copy for their records. Bidders must confirm receipt of submittal with Program Coordinator,documents were received prior to bid date and time in the event spam programs block submissions. 2.3.3 Telegraphic or faxed bids will not be considered unless authorized by the invitation. 2.3.4 A bid that is in the possession of the Program Coordinator may be altered by telegram or letter bearing the signature of the person authorized for bidding,provided it is received prior to the time and date of opening. Telephone or verbal alterations of a bid will not be accepted. 2.3.S A bid that is in the possession of the Program Coordinator may be withdrawn by the bidder up to the time of the bid opening. All requests for bids to be withdrawn must be made in writing by telegram or letter bearing the signature of the person authorized for bidding,provided it is received prior to the time and date of opening. Bids may not be withdrawn after the bid opening. 2.3.6 Samples of items,when required,must be submitted within the time specified unless otherwise specified in the Information for Bidders and at no expense to the Program Coordinator or any Participant. If not consumed by testing,samples will be returned at bidders request and expense,unless otherwise specified by the invitation. 2.3.7 Bids having any erasures or corrections must be initialed by the bidder in ink. Bids shall be signed in ink. All bid amounts shall be typewritten or filled in with ink. 2.4 EXPLANATION TO BIDDERS(CLARIFICATIONS) Any explanation desired by a bidder regarding the meaning or interpretation of the invitation,any drawings, specifications,etc.,must be requested in writing by clarification date shown on cover page of bid. Oral explanation or instruction given before the award of the contract will not be binding. Any information given to a prospective bidder 5 of 25 concerning an invitation will be furnished to all prospective bidders as an addendum to the invitation,if such information is necessary to bidders in submitting bids on the invitation or if the lack of such information would be prejudicial to uninformed bidders. 2.5 ACKNOWLEDGMENT OF ADDENDUM TO INV ITATION Receipt of an addendum to an invitation by a bidder must be acknowledged by signing and returning the addendum. Such acknowledgment must be received prior to the hour and date specified for receipt of bids or returned with the bid and received prior to closing time and date. 2.6 LATE BIDS&MODIFICATIONS It is the responsibility of the bidder to deliver his bid or bid modifications on or before the date and time of the bid receipt deadline. Bids will NOT be accepted after the date and time of closing under any circumstances. 2.7 DISCOUNTS&BID EVALUATION Discounts offered for prompt(early)payment will be considered in bid evaluation. Prompt payments shall be defined as payment made with check or government procurement card(i.e. Visa,Mastercard,etc.). 2.8 TAX-EXEMPT It is expected that each Participant will be exempt from payment of the Missouri or Kansas Sales Tax in accordance with Section 39(10),Article 3,of the Missouri Constitution and Section 79-3606(b)of the Kansas Statutes,and will be exempt from payment of Federal Excise Taxes in accordance with Title 26, United States Code annotated. The Contractor is responsible to obtain verification of exemption from payment of taxes from each Participant,and from any Non- Participant,and is responsible to bill taxes if required. 2.9 MATERIAL AVAILABILITY—IMPORTANT Bidders must accept responsibility for verification of material availability,production schedules and other pertinent data prior to submission of bid and delivery time. it is the responsibility of the bidder to notify the Program Coordinator immediately if materials specified are discontinued,replaced,or not available for an extended period of time. 2.10 ALTERNATE BIDS Bidders must submit complete specifications on all alternate bids. Alternate bids without complete specifications maybe rejected.Alternate bids and exceptions may be rejected. Alternate bids and exceptions to bid clauses must be clearly noted on the bid form. Unless otherwise indicated,it will be assumed that the article proposed is exactly as specified. 2.11 QUALIFICATIONS OF BIDDERS 2.11.1 The Program Coordinator may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish all such information and data for this purpose as the Program Coordinator may request. The Program Coordinator and Participants reserve the right to reject any bid if the evidence submitted by,or investigation of,such bidder fails to satisfy the Program Coordinator and Participants that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. 2.11.2 Only those bids will be considered which are submitted by bidders who submit references with their bid and showing satisfactory completion of work of type and size comparable to the work required by these contract documents. 2.12 BID OPENING PROCESS—Not Applicable—Electronic submittal only 2.13 REQUEST FOR BID TABULATIONS Requests for bid tabulations must be submitted in writing to the Program Coordinator,either by fax,e-mail or regular mail. Bid tabulations will be available for distribution the next business day following the bid opening and will be posted under current bids at www.marc.org/kcrpc, 2.14 SAMPLES AND MANUFACTURER'S SPECIFICATION SHEETS Upon written request by the Program Coordinator, Bidders must submit samples and manufacturer's specification sheets (including material safety data sheets),for each ;tem being bid to be considered for award. Failure to submit samples and specification sheets will result in rejection of your bid. Samples may be requested and examined as a part of the bid evaluation. Any requested samples shall be provided by the Bidder within five(5)business days from requested date. 6of25 Samples shall be returned to the Bidder by the Participants,upon request and the Bidder shall make arrangements for return of the samples,at Bidders expense. 2.15 QUANTITIES Quantities listed herein are only yearly estimates and do not obligate any of the Participants to purchase listed quantities. Purchase orders will be issued by each Participant,on an as needed basis. Participants assume no obligation for articles or materials shipped in excess of the quantity ordered. Any unauthorized quantity is subject to Participant's rejection and return at Contractor's expense. 2.16 TRANSPORTATION CHARGES All terms of delivery or conditions of this order are F.O.B.destination and inside delivery,and the Contractor shall pay all transportation charges,within the 50-mile radius of greater Kansas City. For deliveries outside the 50-mile radius,bidders must state applicable transportation mileage charges in Section 5.0,where designated. 2.17 ESCALATION/DE-ESCALATION CLAUSE -not applicable to this bid 2.18 OCCUPATIONAL/BUSlNESS LICENSE TAX REQUIREMENTS Bidders must comply with all special requirements of the participating entities including any Occupational or Business License requirements. It is the bidder's responsibility to investigate and obtain any such requirements. 2.19 FORMS Contractors and subcontractors participating in this contract shall fill out all appropriate forms as requested by Participants and any Non-Participants,including W-9's and the forms referenced in Section 2.22,in a timely manner,prior to issuance of Purchase Orders. 2.20 COMPLIANT WITH APPLICABLE LAWS The Contractor warrants it has complied with all applicable laws,rules and ordinances of the United States,or any applicable state,municipality or any other Governmental authority or agency in the manufacture or sale of the items covered by this order,including but not limited to,all provisions of the Fair Labor Standards Act of 1938,as amended, 2.21 ANTI-TRUST Submission of a bid constitutes an assignment by Bidder of any and all anti-trust claims that Bidder may have under the Federal and/or State laws resulting from any contract associated with this bid. 2.22 EQUAL OPPORTUNITY CLAUSE 2.22.1 In connection with the furnishing of supplies or performance of work under this contract,the Contractor agrees to comply with the Fair Labor Standards Act,Fair Employment Practices,Equal Opportunity Employment Act,and all other applicable Federal and State Laws,and further agrees to insert the foregoing provision in all subcontracts awarded hereunder. 2.22.2 The bidder's attention is directed to all federal,state and Participants'laws,ordinances,and procedures requiring equal employment opportunity which,among other things,require that the contractor agree not to discriminate against any employee or applicant for employment because of race,creed,color,national origin,or sex. All bidders shall complete any reporting forms and certifications of any Participant with regard to their equal employment practices. 2.22.3 The bidders will be required to comply with all individual equal opportunity requirements,as delineated below,of each Participant if they plan to do business with that Participant under any agreement that results from this Invitation for Bid. If a bidder plans not to comply with any of the individual requirements of Participants as indicated below,they should so indicate in their response to this Invitation to Bid by marking"no offer"on the pricing page,Section 5.0. a} Jackson County,Missouri The bidder's attention is directed to all federal,state and county laws of the County of Jackson to equal employment opportunity which,among other things,requires that the contractor agree not to discriminate against any employee or applicant for employment because of race,creed,color,national origin,or sex. All bidders shall complete the County's Compliance Report Form(see appendices). 2.23 REGULATIONS PURSUANT TO SO-CALLED'ANTI-KICKBACK ACT' The Contractor shall comply with the applicable regulations of the Secretary of Labor,United States Department of Labor, made pursuant to the so-called"Anti-Kickback Act"of June 13,1934(48 Stat.948;62 Stat.862;Title 18 U.S.C.,Section 874 7of25 and Title 40 U.S.C.;Section 276c)and any amendments or modifications thereof,shall cause appropriate provisions to be inserted in sub-contracts to insure compliance therewith by all sub-contractors subject thereto,and shall be responsible for the submission of statements required of sub-contractors thereunder,except as said Secretary of Labor may specifically provide for reasonable limitations,variations,tolerances,and exemptions from the requirements thereof. 2.24 PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract will be deemed to be inserted herein and the contract will be read and enforced as though it were included herein,and if through mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon the application of either party the contract will forthwith be physically amended to make such insertion or correction. 2.25 UNIFORM COMMERCIAL CODE This contract is subject to the Uniform Commercial Code and shall be deemed to contain all the provisions required by said Code that apply to said Contract. 2.26 CONFLICT OF INTEREST The Contractor,by acceptance of any purchase order resulting from this bid,certifies that to the best of their knowledge or belief,no elected or appointed official of any Participant is financially interested,directly or indirectly,in the purchase of the goods or services specified on this order. 2.27 INDEMNIFICATION AND INSURANCE Contractor agrees to carry liability and workmen's compensation insurance,satisfactory to the Participants,and to indemnify MARC/KCRPC and Participants against all liability,loss and damage arising out of any injuries to persons and property caused by Contractor,his sub-contractors,employees or agents. 2.28 SUB-CONTRACTS 2.28,1 The Contractor shall not execute an agreement with any sub-contractor to perform any work until he has written the Program Coordinator to determine any disapproval of the use of such sub-contractor. 2.28.2 The Contractor shall be fully responsible to the MARC/KCRPC and Participants for the acts and omissions of his sub-contractors,and of persons either directly or indirectly employed by them,as he is for the acts and omissions of persons directly employed by him. 2.28.3 The Contractor shall cause appropriate provisions to be inserted in all sub-contracts relative to the work to require compliance by each sub-contractor with the applicable provisions of the contract. 2.28.4 Nothing contained in the Conditions shall create any contractual relationship between any sub-contractor and MARC/KCRPC and Participants. 2.29 INDIVIDUAL REQUIREMENTS The bidders will be required to comply with all individual requirements of each Participant,including but not limited to those individual requirements set forth in Sections 2.28,3.8,3.10, and any other individual requirements,if they plan to do business with that Participant under any agreement that results from this Invitation for Bid. If a bidder plans not to comply with any of the individual requirements of Participants as indicated herein,they should so indicate in their response to this Invitation to Bid by marking"no offer"on the pricing page,Section 5.0. 8 of 25 3.0 GENERAL CONDITIONS AWARD and POST AWARD 3 1 AWARD OF CONTRACT 3.1.1 BASIS OF AWARD. a) Only firm bids will be considered. I he bidder warrants that prices,terms and conditions quoted in their bid will be firm for acceptance for a period of not less than ninety(90)days from the bid opening date unless otherwise specified in the Invitation to Bid. Such prices will remain firm for the period of performance of resulting purchase orders or contracts that are to be performed over a period of time. b) Bidders may be requested to submit financial statements subsequent to the bid opening. Such statements shall be submitted to the Program Coordinator within three(3) calendar days after being so requested. C) The Program Coordinator and Participants reserve the right to reject any and all bids,to waive any and all technical defects,irregularities and informallties in bids,to disregard all non-conforming or conditional bids or counter-proposals,and to select the bid(s)deemed most advantageous to the entitles. d) The award of the Contract,if awarded,shall be awarded to that responsible and responsive bidder whose bid,conforming to the Invitation for Bids,will be most advantageous to the Participants,price and other factors considered. 3.1.2 EVALUATION OF BIDS a) The evaluation of bids will include consideration of price,quality,adherence to specifications, references,financial statements, if requested,sub-contractors,suppliers,and manufacturers to be used in the work and manufacturers'data on the materials and equipment to be incorporated. Time of delivery will also be a factor in the award. b) "Or Approved Equal"Clause. Whenever a material,article,or piece of equipment is identified on the plans or in the specifications by reference to manufacturer's or vender's names,trade names,catalog numbers,etc.,it is intended merely to establish a standard;and,any material,article,or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material,articie,or equipment so proposed,is, in the opinion of the Program Coordinator and Participants,of equal substance and function. Substitute items may be rejected at the discretion of the Program Coordinator and Participants. C) Whenever the name of a manufacturer is mentioned on the face hereof and the words"or equal" do not follow,it shall be deemed that the words"or equal"shall follow such designations unless the face hereof specifies"no substitutes".The Program Coordinator may assume that items bid are equal or it may request samples and proof thereof unless approved before shipment. The Participants reserves the right to return at bidders expense all items that are not acceptable as equals,said items to be replaced by bidder with satisfactory items at the original price. d) To the limit allowed by statutory authority,the Program Coordinator and Participants shall give preference to all commodities manufactured,mined,produced,or grown within the United States,the States of Missouri or Kansas,and to all firms,corporations or individuals headquartered in the United States,the States of Missouri or Kansas, when quality is equal or better and the delivered price is the same or less. 3.1.3 AWARD PROCESS a) The Program Coordinator and the Participants may accept any item or group of items of any bid on a split-order basis,lump-sum or individual-item basis,or such combination as shall best serve the interest of the Participants unless qualified by specific limitation of the bidder. b) Unless otherwise provided in the schedule,bids may be submitted for any quantities less than those specified;and the Program Coordinator and Participants reserve the right to make an award on any item for a quantity less than the quantity bid upon at the unit price offered unless the bidder specified otherwise in his bid. c) An award mailed(or otherwise furnished)to the successful bidder within the time for acceptance specified in the bid,results in a binding contract without further action by either party. d) In the event a Participant's procedures requires governing body approval of the bid said Participant will take the individual award recommendation to their governing body for approval and may issue a separate contract to the successful Bidder.All contract requirements in this Invitation for Bid including requirements related to administrative fees,and monthly reports,will apply to individual Participant contracts generated under this Invitation for Bid. 9of25 3.1.4 NOTICE OF AWARD. After considering the basis of award and evaluation of bids,the Program Coordinator will,within ninety(90) calendar days after the date of opening bids,notify the successful bidder of acceptance of his or her bid. The Contractor will have ten calendar days to return the signed notice of award and any requested submittals,such as certificate of insurance or proof of business licenses. 3.2 CONTRACT TERMS The performance of this contract shall be governed solely by the terms and conditions as set forth in this contract and any specifications or bid documents notwithstanding any language contained on any invoice,shipping order,bill of lading or other document furnished the Contractor at any time and the acceptance by the Program Coordinator and Participants of any terms or conditions contained in such document which is inconsistent with the terms and conditions set forth in the contract. Any different or additional terms other than those herein contained in Contractor's acceptance are hereby objected to. 3.3 EXECUTION OF AGREEMENT 3.3.1 The Execution of Agreement shall consist of a YEARLY AGREEMENT,signed by the Executive Director of MARC and countersigned by the Contractor,with a Notice of Award and becomes the agreement and contract between the parties hereto. 3.3.2 The Program Coordinator will furnish one original Agreement,to be signed by the successful bidder,and countersigned by the Executive Director of MARC. Notice of Award will evidence that both parties thereby accept and agree to the terms and conditions of said bid documents,and that the parties are bound thereby and the compensation to be paid the Contractor is as set forth in the Contractor's Bid. Items not awarded,if any,will be noted on the Notice of Award. 3.3.3 As stated in paragraph 3.1.3(d)some Participants may execute individual contracts. Any individual contracts issued shall not conflict with the award made by MARC/KCRPC. If a Participant has an existing contract for the same commodity,that contract will either lapse at expiration date,or be cancelled by the Participant,before the MARC/KCRPC is utilized. The Participant will make the final determination on their existing contracts. 3.4 CHANGES The Program Coordinator may at any time,by written order, make changes or additions,within the general scope of this contract in or to drawings,designs,specifications,instructions for work,methods of shipment or packing or place of delivery. If any such change causes an increase or decrease in the cost of or in the time required for performance of this contract or purchase order,the Contractor shall notify the Program Coordinator in writing immediately and an appropriate equitable adjustment will be made in the price or time of performance,or both,by written modification of the contract. Any claim by the Contractor for such adjustment must be asserted within 30 days or such other period as may be agreed upon in writing by the parties after the Contractor's receipt of notice of the change. Nothing herein contained shall excuse the Contractor from proceeding with the contract as changed. 3.5 ASSIGNMENTS Neither MARC/KCRPC nor Contractor shall,without the prior written consent of the other,assign in whole or in part his interest under any of the Contract Documents and,specifically the Contractor shall not assign any moneys due or to become due without the prior written consent of MARC/KCRPC. 3.6 COOPERATIVE PROCUREMENT WITH OTHER JURISDICTIONS/COMPOSITE REPORT 3.6.1 The successful bidder agrees to provide products and/or services under this contract to any Municipality,County,State, Governmental Public Utility,Non-Profit Hospital,Educational Institute,Special Governmental Agency,and Non-Profit corporation performing governmental functions that is listed as a Participant in this bid or is a member of any NIGP- The Institute for Public Procurement chapter affiliate. The successful bidder agrees to pay to MARC/KCRPC,the 1.5 percent Administrative Fee,based on each Participants and Non-Participant's gross sales for each month. 3.6.2 The successful bidder shall be required to notify Program Coordinator if any Non-Participants express desire to utilize this contract,prior to acceptance of any purchase order. Program Coordinator will inform the entity(non-participant)of the membership requirement. Written or verbal approval by the Program Coordinator must be provided to the successful bidder and entity to allow purchases off the contract. 3.6.3 Sales will be made in accordance with the prices,terms and conditions of the invitation for bid and any subsequent term contract. All sales to Participants or Non-Participants will be made on purchase orders issued by that jurisdiction. All receiving,inspection,payments and other procurement administration will be the responsibility of the ordering Participant or Non-Participant. 10 of 25 3.6.4 There shall,however,be no obligation under the cooperative procurement agreement for any organization represented by MACPP or NIGP to utilize the bid or contract unless they are specifically named in the invitation for bid as a Participant. 3.7 COMPOSITE REPORT AND PAYMENTS 3.7.1 The successful bidder(s)shall furnish to MARC/KCRPC: a) Payment of the 1.5 percent Administrative Fee to MARC/KCRPC,based on gross sales for each month to Participants and Non-Participants. The Contractor shall have no claim or right to all or any portion of the Administrative Fee.All payments shall be made payable to Mid-America Regional Council and bid number and month of sales must be referenced on each payment.Payments shall be mailed to MARC,600 Broadway,Suite 200,Kansas City,Mo.,64105-1659 Attn:Finance Department. b) A composite report of all contract purchases against any and all purchase orders issued against this contract. The report shall be compiled and submitted by electronic mail to the Program Coordinator.The report shall include,at a minimum: 1) Ordering entity and designated Participant or Non-Participant 2) Entity's purchase order number,and date ordered, 3) Item descriptions,quantities ordered,units of measure,along with all unit and extended prices. 4) The report shall be totaled for the accumulated dollar amount spent within the particular month period for each Participant or Non-Participant. 5) Preferred format is Excel spreadsheet and may be sent electronically to Program Coordinator. 3.7.2 Failure of the Contractor to provide payment and reports in the manner described herein,shall be regarded as a material breach of this contract and shall be deemed cause for termination of this contract at MARC/KCRPCs sole discretion. Fees not paid by the specified deadline shall bear interest at the rate of 1.5 percent per month until paid. 3.7.3 Reports and payments of fees under this contract shall be due thirty(30)calendar days after the end of each month. 3.7.4 RIGHTTOAUDIT Program Coordinator may compare records provided by entities with reports submitted by Contractor. Program Coordinator will provide written notification to Contractor of any discrepancies and allow vendor thirty(30)calendar days to resolve discrepancies to Program Coordinator's satisfaction. In the event the Contractor does not resolve the discrepancy to the satisfaction of the Program Coordinator,MARC/KCRPC reserves the right to engage outside services to conduct an independent audit of Contractor's reports and Contractor shall reimburse MARC/KCRPC for costs and expenses to conduct such an audit. 3.8 PURCHASE ORDERS 3.8.1 The Participants,and any Non-Participants will not be responsible for articles or services furnished without a purchase order unless otherwise set forth in the Contracts. 3.8.2 A price list will be provided by the Program Coordinator for the awarded items to each Contractor and Participants.Orders will be placed by each Participant by purchase order,credit card using fax,phone or email to the Contractor.MARC/KCRPC will not be involved with the ordering of chemicals.The Participants may choose to issue a purchase order each time or a blanket purchase order. 3.8.3 The Jackson County,Missouri Purchasing Department may issue to the Contractor a"Blanket"or`Miscellaneous" Purchase Order to cover a specific portion of the Term of this Contract. This Purchase Order may be for a stated dollar amount and will terminate when the dollar amount shown has been used or at the expiration of the Contract,whichever is earlier. Purchase Orders for specific items and quantities may also be issued against this Contract. If a`Blanket"or"Miscellaneous"Purchase order is issued,Contractor will submit invoices to the Requisitioning Department and payments will be made on a monthly basis. Other Purchase Orders will be paid Net 30 days. Contractor shall indicate the Purchase Order number on all Invoices. 3.9 FUND ALLOCATION Continuance of any resulting Agreement,Contract,or issuance of Purchase Orders is contingent upon the available funding and allocation of funds by the Participants. 3.10 DELIVERY REQUIREMENTS—See Section 4.0 11 of 25 3.11 RESPONSIBILITY FOR SUPPLIES The Contractor shall be responsible for supplies until they are delivered and accepted at the designated delivery point; and the Contractor shall bear all risks for rejected supplies after notice of rejection. 3.12 TIME OF DELIVERY The Participants require that all materials ordered will be delivered when specked. Time is therefore of the essence of the purchase order. If deliveries are not made at the time agreed upon,Program Coordinator and Participants reserve the right to cancel or to purchase elsewhere and hold Contractor accountable for any damages sustained as a result thereof. The Participants may use 4 different delivery and times: a) Pre-Season Orders placed before November 15,used in initial stocking for upcoming season, b) Non-emergency seasonal orders placed after November 15(during the snow season)for restocking of supplies, c) Emergency orders placed in case of unexpected depletion of supplies, d) Pick up at Contractor's facility by the individual Participant's staff,or by hired private trucking company. 3.13 PACKAGING The Participants will not be liable for any charges for drayage,packing,cartage,boxing,crating or storage in excess of the purchase price of this order unless stated otherwise herein. 3.14 CONTRACTOR'S INVOICES Invoices shall be prepared and submitted in triplicate unless otherwise specified. Invoices shall contain the following information: MARC/KCRPC Bid/Contract Number,Participant's Purchase Order number,Item Number;contract description of supplies or services,sizes,quantities,unit prices and extended totals. All invoices must reflect the same unit of measure and pricing as stated in the pricing section(i.e.tonnage,gallons). Any invoices received with incorrect units of measure, may be corrected and noted on the invoice"not per contract"and totals will be adjusted accordingly,at the discretion of the Participants. Invoices for and inquiries regarding payment shall be addressed to the ordering agency. Any delay in receiving invoices,or errors and omissions,on statement or invoices,will be considered just cause for withholding settlement without losing discount privileges. Payment terms under this contract shall be Net 30,after receipt of invoice,unless an early payment discount is offered for less than 30 days. 3.15 ACTS OF GOD Neither party shall be liable for delays,or defaults in the performance of this contract due to Acts of God or the public enemy,riots,strikes,fires,explosions,accidents,Governmental action of any kind or any other causes of a similar character beyond its control and without its fault or negligence. 3.16 BANKRUPTCY OR INSOLVENCY In the event of any proceedings by or against either party,voluntary or involuntary, in bankruptcy or insolvency,or for the appointment of a receiver or trustee or an assignee for the benefit of creditors,of the property of Contractor,or in the event of breach of any of the terms hereof including the warranties of the Contractor,MARC/KCRPC and Participating Entities may cancel this contract or affirm the contract and hold Contractor responsible in damages. 3.17 GENERAL GUARANTY AND WARRANTY 3.17.1 The Contractor warrants that all materials,fixtures,and equipment furnished by the Contractor and his sub- contractors shall be new,of good quality,and of good title,and that the work will be done in a neat and workmanlike manner. The Contractor also guarantees the workmanship and materials for a period of one year from the date of final acceptance of all the work required by the Contract. Furthermore,the Contractor shall furnish the Program Coordinator and Participants with all manufacturers'and suppliers'written guarantees and warranties covering materials and equipment furnished under the Contract. 3.17.2 All customary guarantees for workmanship,quality and performance provided by the Manufacturer for any or all items shall apply to the items offered under this proposal. 3.18 PATENTS Contractor warrants that the articles described herein and the sale or use of them will not infringe upon any U.S.or foreign patent and Contractor covenants that he will at his own expense,defend every suit which may be brought against the MARC/KCRPC and Participants,or those selling or using Participants'product(provided Contractor is promptly notified of such suit and all papers therein are delivered to Contractor)for any alleged infringement of any patent by reason of the 12 of i5 sale or use of such articles and Contractor agrees that he will pay all cost,damages and profits recoverable in any such suit. 3.19 INSPECTION AND ACCEPTANCE 3.19.1 No material received by the Participants pursuant to a purchase order issued under the terms and conditions of this bid document shall be deemed accepted until the Participants have had reasonable opportunity to inspect said material. All material which is discovered to be defective or which does not conform to any warranty of the Contractor herein,upon initial inspection,or at any later time if the defects contained in the material were not reasonably ascertainable upon the initial inspection,may be returned at the Contractor's expense,for full credit or replacement within 24 hours of notification. 3.19.2 No goods returned as defective shall be replaced without written authorization of the purchasing entity. Such return shall in no way affect the Participants'discount privileges. Such right to return,offered to the MARC/KCRPC and Participants arising from the Participant's receipt of defective goods,shall not exclude any other legal,equitable or contractual remedies MARC/KCRPC and Participants may have available. 3.20 INTERPRETATION OF CONTRACTS AND ASSIGNMENTS This contract shall be construed according to the laws of the State of Missouri. This contract,or any rights,obligations,or duties hereunder,may not be assigned by the Contractor without the written consent of the MARC/KCRPC and any attempted assignment without such consent shall be void. 3.21 NOTICE AND SERVICE THEREOF Any notice to any Contractor from the Program Coordinator relative to any part of this contract will be in writing and considered delivered and the service thereof completed when said notice is posted,by certified or regular mail,to the said Contractor at his last given address or delivered in person to said Contractor or his authorized representative. 3.22 TERMINATION OF CONTRACT 3.22.1 This contract may be terminated by either party upon sixty(60)calendar days prior notice in writing to the other party. 3.22.2 MARC/KCRPC may terminate this contract immediately, under breach of contract, if the Contractor fails to perform in accordance with the terms and conditions. 3.22.3 In the event of any termination of contract by the Contractor,the Participants may purchase such supplies and/or services similar to those so terminated, and for the duration of the contract period the Contractor will be liable for all costs in excess of the established contract pricing. 3.23 LAW GOVERNING:All contractual agreements shall be subject to,governed by,and construed according to the laws of the State of Missouri. For any dispute that may arise out of this Contract,the parties agree that the proper jurisdiction and venue shall be the Circuit Court of the County where the ordering agency is located. 13 of 25 4.0 SPECIFICATIONS and DELIVERY REQUIREMENTS: All materials provided must be protected during transit by waterproof cover,as required by weather conditions. Twenty-four(24) hour notice is required for all agencies prior to all deliveries. 4.1 Straight salt-must meet ASTM D 632-12 Standard Specification for Sodium Chloride.Annual Book of ASTM Standards Vols.04.03. 4.2 Treated rock salt-Clearlane*enhanced de-icer,or approved alternate. 4.3 Magnesium chloride,liquid 4.4 32%calcium chloride solution (CaCIZ) 4.5 Ice BanO Agency Contact Ship To Phone# Product: Estimated Truck delivery Qtylr requirement Belton,Mo. Monte Johnson 1201 Street Barn Lane 816-331-9455 Salt 1,500 tons Hopper bottom or 64012 End dump 7a.m.to 3:30 p.m. Edwardsville,Ks. Tammy Snyder Public Works 913-441-3707 Salt 250 tons End dump 690 S.4th Street ext.23 66113 Jackson County,Mo. Tim Underwood Jackson County Public 816-847-7062 Salt 4,000 tons End dump Works 1201 S.W.Quarry Road. Blue Springs MO 64015 Johnson County,Ks. Wes Root Road&Bridge—Public 913-175-8329 Ice Ban 11,000 N/A Road&Bridge Works gallons 1800 W.Old 56 Hwy., Olathe,Kan.,66061 Liberty Hospital Nathan Spencer 2525 Glenn Hendren 816-985-8969 Clearlane 250 tons End dump Liberty MO 64068 Lee's Summit,Mo. Bruce Taylor Public Works Operations 816-969-1870 Salt 5,000 tons End dump or 1371 S.E.Hamblen Road Clearlane 500 tons N/A Shawn Graff 64082 Calcium 4,500 N/A chloride gallons North Kansas City, Pat Hawver Street Department 816-274-6019 Salt 500 tons Hopper bottom or Mo. 1229 Gentry End dump 64116 Olathe,Ks. Chad Courtois Street Maintenance 913-971-6012 Clearlane 250tons N/A 201 W.Harold Street 66061 Calcium 15,000 N/A Chloride gallons Platte City,Mo. Sharon Anderson Pubiic Works 816-858-4815 Salt 150 tons End dump 108 Paxton 64079 Magnesium 2,500 chloride gallons Shawnee,Ks. Jeremy Gerdes Public Works 913-238-2541 Ice Ban 6,600 18690 Johnson Dr. gallons 66218 Truman Medical Augustin Lakewood: 816-404-6951 Salt 375 tons End dump(both Center-Lakewood& Sylvester 7900 Lee's Summit Rd. locations) Downtown Kansas City MO 64139 Downtown: 2301 Holmes St. I Kansas City MO 64108 Additional participants and quantities may be changed under addendum. Bidders are responsible for confirming if any addendums were issued by contacting KCRPC Program Coordinator, www.marc.org/kcrpc/or www.demandstar.com. 14 of 25 5.0 PRICING and SUBMITTAL SECTION-Bidders must complete this section and appendices,In their entirety and returned. All pricing quoted shall include delivery and administrative fees. Quantities listed are estimated and based on the first-year usage only. In case of discrepancy between a unit price and extended price,the unit price will prevail. DO NOT SUBMIT PRICING BY THE LOCATIONS. Item Description Unit Total Est. Unit Price Total Price 4 Qty 1 Salt,straight Ton 11,775 NO BID NO BID Belton 1500 Edwardsvill 250 Jackson Counr4 4000 Lee's Summil 5000 North Kansas CItV 500 Platte CitV 150 Truman Medical Center 375 2 ClearLaneO enhanced de-icer,or approved afternate Ton 1400 NO BID NO BID Lee's Summit Soo State brand bidding Liberty Hospital 250 Olathe 250 3 2%calcium chloride solution(caaa) Gallon 4,500 1.160 6220.00 4300 gallon minimum price Lee's Summil 4500 Olathe 15000 4 lceBano84:16 a•4500gallon minimum pn I ce Gallon 17,600 1.365 24,024.00 Johnson County,Ks.Road&Bridge 11000 Shawnee 6600 5 Magnesium Chloride Liquid *L TL 2500 1.350 3,375.00 LTL FreezGard Cl+Magnesium Chloride Liquid Galion # /Corrosion Inhibitor)or approved alternate L 4500 1.235 or ,$5,557.50 = Platte Cit 2500 tate brand bidding: FreezGard C1+ TOTAL BID: 38,17650 4500 gallon minimum truckload for both IceBan and FreezGard Cl+;&4300 gallon minimum for calcium chloride. For orders less than the minimum as stated above,an alternate price can be figured at the time of order State minimum delivery requirements,if any: see above Payment Terms are Net 30 for all orders. Yes or N Do you offer an early payment discount(i.e.2%Net 10) If yes,state discount _j_%,Net 0 Days Do you offer an'off shelf"discount for similar products within scope of work? Yes❑ or No© If yes,state discount if yes,attach price sheet for other products/services 0 provided. This pricing will not be used in the evaluation process. State maximum percentage participants can order over not applicable 96 their estimated tonnage,if applicable: 15 of 25 State delivery rate,per mile,for deliveries outside the 51-100$ 5.50/mile 50 mile radius:(FOB Destination&inside delivery 101-150$ L 00/mile included in pricing for deliveries within 50 mile radius). 151-200$ 4.25 /mile Delivery time for pre-season orders 4 Days(business) (before Nov 15): Delivery time for non-emergency seasonal orders(after 3 Days(business) Nov 15): Delivery time for emergency orders(after receipt of 2 Days(business) order): Pick up at bidder's location,after receipt of order I Days(business) State average ton load capacity of bidder's trucks: 23-25 Tons per Truck State location of bidder's facility: 12980 Metcalf Ave, Ste 240; Overland Park,KS 66213 State hours of facility operations: varies State location of salt production facility: varies Is the addenda signed&attached to bid(if issued)? Yes or No n/a Does your company provide online ordering ability? Yes or No no If yes,provide link: Does your company accept government procurement Yes or No yes cards(i.e. Mastercard,Visa)? 5.1 REFERENCES:- Provided three(3)references for service provided within the past five(5)years that are comparable to services described in the scope of the project. Reference 1 Reference 2 Reference 3 Contact Name Ronnell Simpson Bruce Taylor Jim Evans Title: Company KCMG Ciry o Lee's Summit Jackson Counp,,MO Address- City/State Kansas City, MO Lees's Summit, MO Kansas City, MO Phone number: Services Provided: Deicing materials Deicing materials Deicing materials Date services provided: 5.2 KEY PERSONNEL: List staff members that will be responsible for all work performed under this contract: (attach separate sheet if necessary). Identify the key individuals who will administer this contract. Describe the level of experience and credentials of the individuals assigned to this project. Name Qualifications Training Experience a. Sarah Puleo Bids& Marketing Mgr. S+years b. Phil Collins Regional Sales Manager 10+years C. Michelle Nations Director, Liquid Division 10+years 16 of 25 5.3 SUBCONTRACTORS: Bidders must include information and references for any subcontractors to be utilized under this work. If no subcontractors will be used,state"N/A"or"none". Company Name/Address: Work to be performed: References:Company name Contact Name&Phone No. n/a 5.4 AVAILABLE EQUIPMENT: Available equipment means equipment to be used for work specified in bid;that is in possession of the contractor or subcontractor,either by purchase,lease,or existing equipment,if applicable. a. d. n/a b. e. C. 5.5 Complete the following for ordering,purchase orders,and remittance contact information: Ordering: Contact Person: th Ross Phone No.: Fax No.: 913-851-3500 913-851-3553 Email: brosspAcotwoodindustries.com Mailing address Contact Person: for Purchase hRoss Orders: Phone No.: 913-851-3500 Fax No.: 913-851-3553 Address: 12980 Metcalf Ave, Ste 240 City,state,zip Overland Park, KS 66213 Mailing address Contact Person: for Payments: Gena Beal, Accounts Receivable Phone No.: Fax No.: 913-851-3500 913-851-3553 Address: 12980 Metcalf Ave, Ste 240 City,state,zip Overland Park, KS 66213 Sales/Rebate Contact Person: Sarah Puleo Reporting: Phone No.: 816-832-1522 Email: biddesk cotwoodindustries.com 17 of 25 5.6 BIDDER'S CHECKLIST: IMPORTANT- DO NOT FAX BID OR ANY ADDENDUMS �i Acknowledge Addenda(if any) by signing and returning with bid(do not fax). Confirm if addendums have been issued,by either contacting the Program Coordinator,or checking the web sites at www.marc.or>,/kcrpc/`or www.demandstar.com. Ali Complete and submit Section 5.0 Pricing and Appendices in their entirety by electronic mail in PDF format. STATEMENT OF OFFER: Bidder to check(a)or(b),and(c)and(d)if Bidder agrees to statement,and sign. a.[[ Bidder does not make an offer in response to this invitation. or b.® Statement Of Firm Offer— Bidder's offer will be held open and is not revocable within ninety(90)calendar days after response deadline. We have read the Specifications,all Special Conditions,Information for Bidders and General Conditions, completed the necessary bid information,and agree to provide samples,as requested. Bid pricing includes inside delivery, as specified in bid invitation. c.® Cooperative Purchasing By Other Entities(Non-Participants)Under This Contract d.® Certification Regarding Debarment and Suspension and Compliance Report(Appendix A&B)completed and included with bid Scotwood Industries, Inc. 913-851-3500 Bidder's(Company)Name Phone No By: �ULU ' 913-851-3553 Signature of Authorized Agent Fax No Michelle Nations: Director, Liquid Division May 23, 2019 Title Date 12980 Metcalf Ave, Ste 240 biddesk(c,)scotwoodindustries.com Address E-Mail Address Overland Park, KS 66213 48-0902272 City/State/Zip Tax Revfsons: 12/18/03 para 2.22(added individual requirements),5.0 signature block 03/02/04 para 2.3.5(address),2.7(pro-cards),3.3,3.3.5,3.7.3 06/11/04 para 3.1.14 09/16/04 para 3.7.1,e,3.5ection 5.0 02/08/05 para 3.3 Execution of Agreement and para 3.8.2 Purchase orders 04/01/05 changed administration fee&frequency of reporting 02/27/08 Adaed Debarment and Suspension Certification Form 12/05/08 Added Missouri Sunshine law para 04/17/19 para 3.23 laws governing 18 of 25 Jackson County,Missouri AFFIDAVIT STATE OF Kansas ) SS. COUNTY OF Johnson ) Scotwood Industries Inc. of the city of Overland Park County of Johnson State of Kansas being duly sworn on her or his oath,deposes and says; I. That I am the Liquid Division Direetor(Title of Affiant) of Scotwood Industries. Inc. (Name of Bidder) and have been authorized by said Bidder to make this Affidavit upon my best information and belief,after reasonable inquiry as to the representations herein. 2. No Officer, Agent or Employee of Jackson County,Missouri is financially interested directly or indirectly what Bidder is offering to sell to the County pursuant to this Invitation(though no representation is made regarding potential ownership of publicly traded stock of bidder). 3. If Bidder were awarded any contract,job,work or service for Jackson County,Missouri,no Officer,Agent or Employee of the County would be interested in or receive any benefit from the profit or emolument of such. 4. Either Bidder is duly listed and assessed on the tax rolls of Jackson County,Missouri and is not delinquent in the payment of any taxes due to the County or Bidder did not have on December 31,2018 any property subject to taxation by the County and if bidder is duly listed and assessed on the tax rolls of Jackson County,Missouri,bidder agrees to permit an audit of its records,if requested by the Jackson County Director of Assessment,as they relate to the assessment of Business Personal Property. 5. Bidder has not participated in collusion or committed any act in restraint of trade,directly or indirectly,which bears upon anyone's response or lack of response to the Invitation. 6. Bidder certifies and warrants that Bidder or Bidder's firm/organization is not listed on the General Services Administration's Report of Debarred and/or Suspended Parties; or the State of Missouri and City of Kansas City, Missouri Debarment List 7. Bidder certifies and affirms its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. 8. Bidder certifies and affirms that it does not knowingly employ any person who is an unauthorized alien in connection with the contracEei services. Scotwood Industries, Inc. (Name of Bidder) By: I�,h,64Ne (Signature of Affiant) chelle ons Liguid Division Director (Title of Affiant) Subscribed and sworn to efore me this�ay of 20A NOTARY PUBLIC in and for the County of JC-J :aj oeo (SEAL) State of S d My Commission Expires: a" NOTARY PUBLIC STATE OF KANSAS GENA E. BEAL My Appointment EXPlres:J—e-)-g—9V 19 of 25 JACKSON COUNTY, MISSOURI COMPLIANCE REVIEW FORM Report Date: May 23,2019 (All reports expire annually on December 31,r) DIRECTIONS FOR COMPLETION: Please fill out form completely. If a question refers to"past report"and this is your first one, place"l Report"in the blank. If a question addresses an area which does not apply to your company, such as (subcontractors), place"N/A"in the blank. Please be sure this and subsequent reports are SIGNED AND DATED. If you have any questions, please call our office at(816)881-3302. Maii/Fax or Email reports to: Tom Wyrsch Contract Compliance Review Director 415 East 12th Street-2nd Floor Kansas City, Missouri 64106 EMAIL: cro@jacksongov.org FAX: (816)881-1223 1. COMPANY DESCRIPTION: Name of Company S'cotivood Industries Inc. Street Address 12980 Metca7�4ve, Ste 240 City State KS zip 66213 Email Address: i es a-cotwcodin irsiRes.com Website Address: www.scotwoodindiist?ies.com Area Code 913 Telephone Number 851-3500 Representative Name Sarah Puleo 2. COMPANY STATISTICS: A.Total number of Employees 74 B.Total Number of Employees who are: 1. Women 44 4.Asian 0 2. Hispanic 1 5. American Indian 0 3. Black 2 6. Biracial YES NO NIA 3. Has your company advertised for applicants since your report? no If so, please attach a list of publications in which ads appeared,the dates of advertising, and copies of such advertisement___ 4. Has there been an effort since your last report to further orientate supervisors and key personnel to the spirit and intent of the program? no _ If so, please attach a detailed report of such efforts 5. Have there been any adjustments in your job prerequisites or your recruiting and intake procedures? If so, please attach a narrative of such efforts. no YES NO NIA 6. Has any effort been made since your last report in disseminating your policy to all your employees or in encouraging them to refer Minority or Female applicants? no 20 of 25 If so, please attach a narrative of such efforts. 7.Are you attaching any other comments or concerns which you would like to have reviewed as part of determining compliance with your programs? no List all minority contractors/suppliers(Minority Owned Business Enterprises MBE or Women Owned Business Enterprises WBE)with which you have contracted during this reporting period. NAME OF COMPANY unknown/n/a STREET ADDRESS REPRESENTATIVE NAME TELEPHONE NUMBER EMAIL ADDRESS WEBSITE ADDRESS _ PRODUCTS,SERVICE,AREA OF SCOPE OF WORK: DURATION OF CONTRACT AMOUNT OF CONTRACT REPEAT THE ABOVE INFORMATION ON A SEPARATE SHEET FOR ADDITIONAL MBE/WBE FIRMS WITHWHOM YOU HAVE CONTRACTED. Figures of Employment Analysis section of this report was obtained from: YES NO 1. Available employment­ 2. __ 2. Visual check X 3. Other(specify) This Compliance Review Form was prepared and submitted by: ( _ Sign ture Michelle Nations:Liquid Division Director Name and Title May 24, 2019 Date I certify that all answers and Information herein contained are true to the best of my knowledge, and I understand that any misstatement of fact may subject this company to non-compliance procedures. 21 of 25 APPENDIX D MISSOURI DOMESTIC PRODUCTS PROCUREMENT ACT (Applies to bids/contracts with$25,000 value or more on non-Federal funded purchases) DATE: May 24, 2019 The bidders' attention is directed to Section 34.076 RSMo 2000 which gives preference to Missouri corporations,firms, and individuals when letting contracts or purchasing products. Bids/Quotations received will be evaluated on the basis of this legislation. By virtue of statutory authority, RSMo. 34.076 and 34.350 to 34.359, a preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, made or grown within the State of Missouri. Such preference shall be given when quality is equal or better and delivered price is the same or less. All bidder's submitting a bid/quotation must furnish ALL information requested below. FOR CORPORATIONS_ J State in which incorporated: _Kansas FOR OTHERS: _ _-- _State of domicile:: FOR ALL BIDDERS:List address of Missouri offices or places of business: n/a i THIS SECTION MUST BE COMPLETED,SIGNED AND SUBMITTED WITH BID: I COMPANY/FIRM NAME: Scotwood Industries, Inc. i ADDRESS: _ 12980 Metcalf Ave, Ste 240 CITY,STATE,ZIP: –�^ ---- _ Overland Park, KS 66213 _ BY(SIGNATURE): W yA I I -- — — — BY(PRINT NAME): --� Michelle Nations;Director, Liquids Division --- __ FEDERAL TAX I.D.NUMBER,or use Social Security number: 48-0902272 5/27/10 22 of 25 APPENDIX C MISSOURI SERVICE-DISABLED VETERAN BUSINESS PREFERENCE (Applies to non-Federal funded projects) By virtue of statutory authority, RSMo 34.074,a preference will be given all contracts for the performance of any job or service to service-disabled veteran business either doing business as Missouri firms,corporations, or individuals;or which maintain Missouri offices or places of business,when the quality of performance promised is equal or better and the price quoted is the same or less or whenever competing bids, in their entirety,are comparable. Definitions: Service-Disabled Veteran is defined as any individual who is disabled as certified by the appropriate federal agency responsible for the administration of veterans'affairs. Service-Disabled Veteran Business is defined as a business concern: a. Not less than fifty-one(51) percent of which is owned by one or more service-disabled veterans or,in the case of any publicly owned business,not less than fifty-one(51)percent of the stock of which is owned by one or more service-disabled veterans;and b. The management and daily business operations of which are controlled by one or more service-disabled veterans. If an offeror meets the definitions of a service-disabled veteran and a service-disabled veteran business as defined in 34.074 RSMo and is either doing business as a Missouri firm,corporation,or individual;or maintains a Missouri office or place of business,the offeror must provide the following with the proposal in order to receive the Missouri service- disabled veteran business preference over a non-Missouri service disabled veteran business when the quality of performance promised is equal or better and the price quoted is the same or less or whenever competing proposals,in their entirety,are comparable: a. A copy of a letter from the Department of Veterans Affairs(VA),or a copy of the offeror's discharge paper(DD Form 214,Certificate of Release or Discharge from Active Duty)from the branch of service the offeror was in, stating that the offeror has a service-connected disability rating ranging from 0 to 100%disability;and b. A completed copy of this exhibit. (NOTE: For ease of evaluation,please attach copy of the above-referenced letter from the VA or a copy of the offeror's discharge paper to this Exhibit.) By signing below, I certify that I meet the definitions of a service-disabled veteran and a service-disabled veteran business as defined in 34.074 RSMo and that I am either doing business as a Missouri firm, corporation,or individual;or maintain Missouri offices or places of business at the location(s)listed below. Veteran Information Business Information n/a n/a Print Name of Service-Disabled Veteran Service-Disabled Veteran Business Name n/a n/a Service-Disabled Veteran's Signature Street Address n/a City,State and Zip 5/27/10 23 of 25 APPENDIX B AUTHORIZATION AND CERTIFICATION OF NON-COLLISION AFFIDAVIT STATE OF Johnson 1 SS. COUNTY OF Kansas ) Michelle Nations of the City of Overland Park (Name of Individual) County of Johnson State of Kansas being duly sworn on her or his oath,deposes and says; 1. That I am the Director of Liquid Division (Title)of Scotwood Industries, Inc. (Firm Name) and have been authorized by said firm to make this affidavit on its behalf; 2. No officer, agent or employee of MARC/KCRPC or PARTICIPANTS is financially interested, directly or indirectly in what Bidder is offering to sell to the PARTICIPANTS pursuant to this Invitation; 3. If Bidder were awarded any contract, job work or service for MARC/KCRPC OR PARTICIPANTS, no officer, agent or employee of the city would be financially interested in or receive any benefit from the profit or payments of such; 4. Bidder has not participated in collusion or committed any act in restraint of trade, directly or indirectly, which bears upon anyone's response or lack of response to this Invitation. Sc�otwood Industries, Inc. (Firm Name) B lu, L4 (Signature) Y: r Michelle Nations (Printed Name) Director of Liquid Division (Title) Mailing Address 12980 Metcalf Ave, Ste 240; Overland Park, KS 66213 Phone 913-851-3500 FAX 913-851-3553 E-mail Address: biddeskC&,,scotwoodindustries.com Subscribed and sworn to before me thi day of /Wal., �6f3lS v�t`9 NOTARY PUBLIC in and for the County of�/1/11Gr1 State of a07saj (SEAL) fj NOTARY PUBLIC My commission expires: rte` '� — STATE OF KANSAS OENA E. EAS My Appointment Expires; Z.; .?0 otzs APPENDIX A BIDDER WARRANTIES A. Bidder warrants that it is willing and able to comply with State of Missouri laws with respect to foreign(non-state of Missouri)corporations. B. Bidder warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent ads,or omissions of any officers,employees or agents thereof. C. Bidder warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the MARC. D. Bidder warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name(Printed): Michelle Nations Title: Director, Liquids Division Date: May 24, 2019 25 of 25 w SAFETY DATA SHEET TETRA Issuing Date 10-Dec-2014 Revision Date 10-Dec-2014 Revision Number 0 1. IDENTIFICATION OF THE SUBSTANCE/PREPARATION AND THE COMPANY/UNDERTAKING GHS product identifier Product Name Calcium Chloride Solution Other means of identification Synonyms Liquid Calcium Chloride, Food Grade Liquid Calcium Chloride.. Road Master TM, SuperSetTM Recommended use of the chemical and restrictions on use Recommended Use For Diverse Applications Uses advised against No information available Supplier's details Supplier Address TETRA Technologies, Inc. 24955 Interstate 45 North The Woodlands, TX 77380 TEL 281-367-1983(Non-Emergency Number) Emergency telephone number Emergency Telephone CHEMTREC 1-800-424-9300 for US/703-527-3887 outside US Number 2. HAZARDS IDENTIFICATION Classification Serious Eye Damage/Eye Irritation lCategory 2 GHS Label elements, including precautionary statements Emergency Overview Signal Word Warning Hazard Statements • May be harmful if swallowed •Causes serious eye irritation Page 1 /7 WPS-TET-012- Calcium Chloride Solution Revision Date 10-Dec-2014 < I 0> lAppearance Colorless to amber Physical State Liquid. Odor Odorless Precautionary Statements Prevention •Wash face, hands and any exposed skin thoroughly after handling. •Wear eye/face protection. General Advice •None Eyes •IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. • If eye irritation persists: Get medical advice/attention. Storage • None Disposal • None Hazard Not Otherwise Classified(HNOC) Not applicable Other information 3. COMPOSITION/INFORMATION ON INGREDIENTS Synonyms Liquid Calcium Chloride, Food Grade Liquid Calcium Chloride, Road MasterTm, SuperSetTM' Chemical Name CAS-No Weight% Trade secret Calcium Chloride 10043-52-4 28-40 *The exact percentage(concentration)of composition has been withheld as a trade secret. 4. FIRST AID MEASURES Description of necessary first-aid measures Eye Contact Immediately flush with plenty of water. After initial flushing, remove any contact lenses and continue flushing for at least 15 minutes. Keep eye wide open while rinsing. If symptoms persist, call a physician. Skin Contact Wash off immediately with soap and plenty of water removing all contaminated clothes and shoes. If symptoms persist, call a physician. Inhalation Move to fresh air in case of accidental inhalation of vapors. Remove from exposure, lie down. If symptoms persist, call a physician. Ingestion Rinse mouth. Do NOT induce vomiting. Never give anything by mouth to an unconscious person. Drink plenty of water. Consult a physician. Most important symptoms/effects,acute and delayed Page 2/7 WPS-TET-012- Calcium Chloride Solution Revision Date 10-Dec-2014 Most Important Symptoms/Effects Irritation Indication of immediate medical attention and special treatment needed, if necessary Notes to Physician Treat symptomatically 5. FIRE-FIGHTING MEASURES Suitable Extinguishing Media Use extinguishing measures that are appropriate to local circumstances and the surrounding environment Unsuitable Extinguishing Media No information available. Specific Hazards Arising from the Chemical No information available Explosion Data Sensitivity to Mechanical Impact None. Sensitivity to Static Discharge None. Protective Equipment and Precautions for Firefighters As in any fire. wear self-contained breathing apparatus pressure-demand. MSHA/NIOSH (approved or equivalent)and full protective gear. 6. ACCIDENTAL RELEASE MEASURES Personal precautions, protective equipment and emergency procedures Personal Precautions Avoid contact with the skin and the eyes. Ensure adequate ventilation. Keep people away from and upwind of spill/leak. Do not touch or walk through spilled material. Advice for emergency responders Wear personal protective equipment. Environmental Precautions Environmental Precautions Prevent product from entering drains. See Section 12 for additional Ecological Information. Methods and materials for containment and cleaning up Methods for Containment Prevent further leakage or spillage if safe to do so. Dike far ahead of spill, use dry sand to contain the flow of material Methods for Cleaning Up Soak up with inert absorbent material. Pick up and transfer to properly labeled containers. After cleaning, flush away traces with water. Prevent product from entering drains. 7. HANDLING AND STORAGE Precautions for safe handling Handling Handle in accordance with good industrial hygiene and safety practice. Wear personal protective equipment. Avoid contact with skin, eyes and clothing. Do not breathe vapors or spray mist. Conditions for safe storage, including any incompatibilities Storage Keep container tightly closed in a dry and well-ventilated place. Keep in properly labeled containers. Incompatible Products None known based on information supplied 8. EXPOSURE CONTROLS / PERSONAL PROTECTION Page 3/7 WPS-TET-012- Calcium Chloride Solution Revision Date 10-Dec-2014 Control parameters Exposure Guidelines Chemical Name ACGIH TLV OSHA PEL NIOSH IDLH Calcium Chloride ACGIH-(TLV-TWA)Guidelne for OSHA(PEL-TWA)-Z-3 Mineral 10043-52-4 nuisance particulate(inhalable Dusts,Inert or Nuisance dusts, articulate): 10 Mg/M3 (respirable fraction):5 Mg/M3 Appropriate engineering controls Engineering Measures When there is a potential for exposure, an emergency eyewash and safety shower should be provided within the immediate work area. Individual protection measures,such as personal protective equipment Eye/Face Protection Wear safety glasses with non-flexible side shields or chemical goggles A face shield should be worn if a potential for splashing or spraying exists. Skin and Body Protection Wear appropriate protective non-leather protective gloves and boots.Wear appropriate protective, impervious clothing. Chemical protective gloves and boots such as PVC, Neoprene, or Heavy Nitrile are recommended. Leather products do not offer adequate protection and will dehydrate with resultant shrinkage and possible destruction Respiratory Protection A respirator is not indicated under normal operating conditions. Use of a NIOSH-approved respirator(N95 or greater)should be based on the presence of nuisance dusts. Hygiene Measures Handle in accordance with good industrial hygiene and safety practice. 9. PHYSICAL AND CHEMICAL PROPERTIES Information on basic physical and chemical properties Physical State Liquid Appearance Colorless to amber Odor Odorless Odor Threshold No information available Property Values Remarks/ -Method pH 3.8- 9.0 None known Melting Point/Range Not determined None known Boiling Point/Boiling Range 118 °C / 244 °F for 38% liquid solution Flash Point Not applicable. None known Evaporation rate No data available None known Flammability(solid,gas) No data available None known Flammability Limits in Air upper flammability limit No data available lower flammability limit No data available Vapor Pressure No data available None known Vapor Density No data available None known Specific Gravity 1.376 @ 25 C(77 F)for 38%solution None known Water Solubility Completely soluble None known Solubility in other solvents No data available None known Partition coefficient: n-octanol/waterNot determined None known Autoignition Temperature No data available None known Decomposition Temperature No data available None known Viscosity Not applicable None known Flammable Properties Not flammable Explosive Properties No data available Oxidizing Properties No data available Other information VOC Content(%) Not applicable. 10. STABILITY AND REACTIVITY Page 4/7 WPS-TET-012- Calcium Chloride Solution Revision Date 10-Dec-2014 Reactivity No data available Chemical stability Stable under recommended storage conditions. Possibility of hazardous reactions None under normal processing. Hazardous Polymerization Hazardous polymerization does not occur Conditions to avoid None known based on information supplied. Incompatible materials None known based on information supplied Hazardous decomposition products None known based on information supplied 11. TOXICOLOGICAL INFORMATION Information on likely routes of exposure Product Information Inhalation May cause irritation. Eye Contact Irritating to eyes. Skin Contact Slightly toxic by dermal absorption Ingestion Moderately toxic by ingestion Chemical Name LD50 Oral LD50 Dermal LC50 Inhalation Calcium Chloride = 1000 mg/kg (Rat) =2630 mg/kg (Rat) Symptoms related to the physical,chemical and toxicological characteristics Symptoms No information available Delayed and immediate effects and also chronic effects from short and long term exposure Sensitization No information available. Mutagenic Effects No information available. Carcinogenicity Contains no ingredients above reportable quantities listed as a carcinogen. Reproductive Toxicity No information available STOT-single exposure No information available. STOT- repeated exposure No information available. Aspiration Hazard No information available. Numerical measures of toxicity -Product The following values are calculated based on chapter 3.1 of the GHS document. LD50 Oral 2413 mg/kg; Acute toxicity estimate LD50 Dermal 6490 mg/kg: Acute toxicity estimate Inhalation Page 5/7 WPS-TET-012- Calcium Chloride Solution Revision Date 10-Dec-2014 dust/mist 2100000 mg/L;Acute toxicity estimate 12. ECOLOGICAL INFORMATION Ecotoxicity The environmental impact of this product has not been fully investigated. Chemical Name Toxicity to Algae Toxicity to Fish Toxicity to Daphnia Magna(Water Microorganisms Flea Calcium Chloride LC50 96 h:=10650 mg/L LC50 48 h:=2400 mg/L 10043-52-4 static(Lepomis macrochirus) (Daphnia magna) Persistence and Degradability No information available. Bioaccumulation No information available. Other Adverse Effects No information available. 13. DISPOSAL CONSIDERATIONS Waste Disposal Methods This material, as supplied, is not a hazardous waste according to Federal regulations(40 CFR 261). This material could become a hazardous waste if it is mixed with or otherwise comes in contact with a hazardous waste, if chemical additions are made to this material, or if the material is processed or otherwise altered. Consult 40 CFR 261 to determine whether the altered material is a hazardous waste. Consult the appropriate state, regional, or local regulations for additional requirements. Contaminated Packaging Do not re-use empty containers. 14.TRANSPORT INFORMATION DOT Not regulated 15. REGULATORY INFORMATION International Inventories Legend TSCA-United States Toxic Substances Control Act Section 8(b)Inventory DSL/NDSL-Canadian Domestic Substances List/Non-Domestic Substances List U.S. Federal Regulations Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986(SARA). This product does not contain any chemicals which are subject to the reporting requirements of the Act and Title 40 of the Code of Federal Regulations, Part 372. SARA 311/312 Hazard Categories Acute Health Hazard Yes Chronic Health Hazard No Fire Hazard No Sudden Release of Pressure Hazard No Reactive Hazard No Page 6/7 WPS-TET-012- Calcium Chloride Solution Revision Date 10-Dec-2014 Clean Water Act This product does not contain any substances regulated as pollutants pursuant to the Clean Water Act(40 CFR 122.21 and 40 CFR 122.42). CERCLA This material, as supplied, does not contain any substances regulated as hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act(CERCLA)(40 CFR 302)or the Superfund Amendments and Reauthorization Act(SARA)(40 CFR 355) There may be specific reporting requirements at the local. regional, or state level pertaining to releases of this material. U.S. State Regulations California Proposition 65 This product does not contain any Proposition 65 chemicals. U.S. State Right-to-Know Regulations U.S. EPA Label Information EPA Pesticide Registration Number Not applicable 16. OTHER INFORMATION NFPA Health Hazard 1 Flammability 0 Instability 0 Physical and Chemical Hazards - HMIS Health Hazard 1 Flammability 0 Physical Hazard 0 Personal Protection X Prepared By Product Stewardship 23 British American Blvd. Latham, NY 12110 1-800-572-6501 Issuing Date 10-Dec-2014 Revision Date 10-Dec-2014 Revision Note Initial Release. General Disclaimer The information provided on this SDS is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guide for safe handling,use, processing,storage,transportation,disposal and release and is not to be considered as a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other material or in any process, unless specified in the text. End of Safety Data Sheet Page 7/ 7 ����K.���°��U�=NN��»r�~����^��A� K~~°" uUUN—� N`°����N �~UU 0 U � �" " " �= � SAFETY DATA SHEET'Ol.0l]5 SECTION 1 'IDENTIFICATION --------------------- P,odwctname: Ice Ban'305 Company: Earth Friendly Chemicals,Inc. Z5V5Horse Pasture Road,Suite 2Ol Virginia Beach,VAZ3453 (800)753-1548 -------------------------------------'--'---'----'—'—' ----- SECTION —SECTON 2'HAZARD(S)IDENTIFICATION --------------------—----------------—-------—-----------------------------------'—'—'-----------'----'--''--'--------- ------'-----------' Eyes: May cause irritation and may injure eye tissue ifnot removed. Skin: Prolonged o,repeated contact may cause irritation. Breathing: Vapors may beirritating tothe respiratory system and nasal passage. Swallowing: Large does may cause gastrointestinal discomfort. _______________________________________________ SECT���'��KM���00��/A���080������U��0��U���� OSHA ACG|H Component %Comn. EU M Ice Ban 3O5'Concentrate 10%-20% None None /NgCL2(]O%']lY6Solution) 80Y6'90% None None '-------' —--------------------------------- ---—-------------------—------------------'-----'--'—'--'-----'----'—' SECTION 4-FIRST AID MEASURES '---------------------------'-------'-----------'-------'--'—'—'—'—'—'------------''—'----'---'-------'-- FIRST AID PROCEDURES Eyes: Immediately flush eyes with large amounts of water for at least 15 minutes,lifting upper and lower lids. Skin: Flush with large amounts cfwater;use soap ifavailable. Inhalation: Remove tofresh air. |frespiratory symptoms develop,consult medical personnel. Ingestion: |fgastrointestinal irritation develops,consult medical personnel. ���------------------------------------ - - - _������������--__—------------------- ---_-------------------_�� SECTION 5'FIRE FIGHTING MEASURES -------- —' ------------------------------ Flash point: None Flammable Limits: Foam orcarbon dioxide nrdry chemical. Aytm~ignitimntemperatu,e: Wear self-contained breathing apparatus with a full face piece operated in pressure demand or other positive pressure mode when fighting fires. Fire&Explosion Hazard: Negligible fire hazard Neutralizing Chemicals: None Special Firefighting: Nospecial procedures required Precautionary Statement: None NFPA Hazard Code: Hea|th~O F|ammabUity~O Reactivity~O xsxsHorse Pasture Road,Suite uoz ^Virginia Beach,vAus*ss Phone:uoo.rss.zs4x^Fax:rsr.00uyssz Page 1of3 ----------------------------------------- -------------------------------------------- -------------------------------------- SECTION 6-ACCIDENTAL RELEASE MEASURES — ------------------------------------------------------------------------ - ----- ------------------- -------------------------------- Response to spills: Spills should be contained and taken up with suitable absorbent and placed in containers. Spill area can be washed with water. SECTION 7-HANDLING AND STORAGE Handle with reasonable care. Avoid breathing vapors. Store in a cool dry place. Dispose of empty containers in accordance with local,state and federal guidelines. ---------------------------------------------------------------------- SECTION 8-EXPOSURE CONTROLS/PERSONAL PROTECTION Respiratory Protection: If high vapor or mists concentrate,use of a respirator is recommended. Ventilation: Use local exhaust to control mists. Protective Gloves: Impervious gloves are recommended. Eye Protection: Safety glasses with side shields or chemical goggles if mist is present. Clothing: Appropriate clothing to prevent skin contact with this substance. - - -- -------- ---- ----- ------------------------------------------------ SECTION 9-PHYSICAL AND CHEMICAL PROPERTIES Appearance/Odor: Clear w/Slight odor H'O Solubility: Complete Physical Description: Liquid Evaporation Rate: Slower than water pH: 7.0-8.0 Pure Material/Mixture: Mixture Boiling Point: 240°F Specific Gravity: 1.0- 1.25 Melting Point: Not noted Volatile Organic Compounds: N/A ----------------------------------- ------------- --------------- --- --------------------- SECTION 10-STABILITY AND REACTIVITY Hazardous Polymerization: Will not occur Hazardous Decomposition: Hydrogen Chloride byproduct Stability: Stable when heated to>572°F Incompatibility: Not reactive Conditions to avoid: None ------------------------------------------------------------------------------------------------------------------------------------------ SECTION 11 -TOXICOLOGICAL INFORMATION Toxicity Hazard Rating: Not currently listed under SARA Title III OSHA Hazardous/Non-Hazardous: Non-Hazardous --------------------------------------------------------------------------------------------------------------� SECTION 12-ECOLOGICAL INFORMATION Material does not cause significant environmental impact. - -- ------------------------------------------------------------------------ SECTION 13-DISPOSAL CONSIDERATIONS ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For disposal of this material as a waste,comply with all applicable local,state and federal regulations for waste disposal. Page 2 of 3 ------------------------------------------------------------------- SECTION 14-TRANSPORT INFORMATION DOT: Not Restricted IATA: Not Restricted HMIS Labeling: Exempt SECTION 15-REGULATORY INFORMATION ------------------- SARA Title III Classification:Not currently listed as toxic chemical under 40 CFR section 372.65 SECTION 16-OTHER INFORMATION For More Information Contact: Earth Friendly Chemicals,Inc. 2585 Horse Pasture Road Suite 201 Virginia Beach,Virginia 23453 (800) 753-1548 Date Prepared:01 January 2015 ==========__---------------------—_______________--------- __________________----------_----------_---------_____----________________________________ Disclaimer:Information contained herein was obtained from sources considered technically accurate and reliable.While every effort has been made to ensure full disclosure of product hazards,in some cases data is not available and is so stated.Since conditions of actual product use are beyond control of the supplier,it is assumed that users of this material have been fully trained according to the requirements of all applicable legislation and regulatory instruments.No warranty,expressed or implied,is made and supplier will not be liable for any losses,injuries or consequential damages which may result from the use of or reliance on any information contained in this document. Page 3 of 3 SAFETY DATA SHEET Compass Minerals 1. Product and Company Identification Product identifier Magnesium Chloride Aqueous Solution Other means of identification 7786-30-3 FREEZGARD LITE Cl PLUS FREEZGARD ZERO Cl PLUS FREEZGARD LITE Cl PLUS LS DustGard DustGard Plus FreezGard Zero FreezGard Lite MagnaPro Recommended use Dust supression,deicing, general industrial,and speciality uses. Recommended restrictions None known. Manufacturer North American Salt Company A Compass Minerals Company 9900 West 109th Street, Suite 100 Overland Park, KS 66210 US Phone: 913-344-9200 CHEMTREC 1-800-424-9300 CANUTEC 1-613-996-6666 2. Hazards Identification Physical hazards Not classified. Health hazards Not classified. Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements Hazard symbol None. Signal word None. Hazard statement The substance does not meet the criteria for classification. Precautionary statement Prevention Observe good industrial hygiene practices. Response Wash hands after handling. Storage Store away from incompatible materials. Disposal Dispose of waste and residues in accordance with local authority requirements. Hazard(s) not otherwise None known. classified (HNOC) Supplemental information Not applicable. 3. Composition/Information on Ingredients Mixture Composition comments The criteria for listing components in this section are: Carcinogens, Respiratory Sensitizers, Mutagens,Teratogens and Reproductive toxins are listed when present at 0.1%or greater; components which are otherwise hazardous according to WHMIS/OSHA are listed when present at 1.0%or greater. Non hazardous components are not listed.The products pertaining to this SDS have various proportions of components which do not meet the listing criteria. 4. First Aid Measures Inhalation If breathing is difficult, remove to fresh air and keep at rest in a position comfortable for breathing. Call a physician if symptoms develop or persist. Skin contact Rinse skin with water/shower. Get medical attention if irritation develops and persists. Eye contact Rinse with water. Get medical attention if irritation develops and persists. Ingestion Rinse mouth. If ingestion of a large amount does occur,call a poison control center immediately. #15613 Page:1 of 6 Issue date 16-January-2015 Most important Direct contact with eyes may cause temporary irritation. symptoms/effects,acute and delayed Indication of immediate Treat symptomatically. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s)involved,and take precautions to protect themselves. 5. Fire Fighting Measures Suitable extinguishing media Treat for surrounding material. Unsuitable extinguishing None known. media Specific hazards arising from During fire,gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be wom in case of fire. and precautions for firefighters Fire-fighting Use standard firefighting procedures and consider the hazards of other involved materials. equipment/instructions Specific methods Cool containers exposed to flames with water until well after the fire is out. General fire hazards No unusual fire or explosion hazards noted. Hazardous combustion May include and are not limited to: Hydrogen chloride.Chlorine gas.Oxides of magnesium. products Explosion data Sensitivity to mechanical Not available. impact Sensitivity to static Not available. discharge 6. Accidental Release Measures Personal precautions, Keep unnecessary personnel away. For personal protection,see section 8 of the SDS. protective equipment and emergency procedures Methods and materials for Before attempting clean up,refer to hazard data given above. Small spills may be absorbed with containment and cleaning up non-reactive absorbent and placed in suitable,covered,labelled containers. Prevent large spills from entering sewers or waterways. Contact emergency services and supplier for advice. For waste disposal,see section 13 of the SDS. Environmental precautions Avoid discharge into drains,water courses or onto the ground. 7. Handling and Storage Precautions for safe handling Avoid contact with eyes,skin and clothing. Use good industrial hygiene practices in handling this material. Conditions for safe storage, Keep container tightly closed in a cool,dry and well-ventilated place.Store away from incompatible including any incompatibilities materials(see Section 10 of the SDS). 8. Exposure Controls/Personal Protection Occupational exposure limits No exposure limits noted for ingredient(s). Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering TWA PEL: No specific limits have been established for magnesium chloride(a soluble controls substance). As a guideline,OSHA(United States)has established the following limits which are generally recognized for inert or nuisance dust. Particulates Not Otherwise Regulated(PNOR): 5mg/cu.m. Respirable Dust 8-Hour TWA PEL, 15mg/cu.m. Total Dust 8-Hour TWA PEL. TWA TLV:No specific limits have been established for magnesium chloride(a soluble substance). As a guideline,ACGIH(United States)has established the following limits which are generally recognized for inert or nuisance dust. Particulates(insolubles)Not Otherwise Classified(PNOC): 10mg/cu.m. Inhalable Particulate 8-Hours TWA TLV, 3mg/cu.m. Respirable Particulate TWA TLV. Use process enclosures,local exhaust ventilation,or other engineering controls to control airborne levels below recommended exposure limits.If user operations generate dust,fumes,or mist,use ventilation to keep exposure to airborne contaminants below the exposure limit. Individual protection measures,such as personal protective equipment Eye/face protection Safety glasses #15618 Page:2 of 6 Issue date 16-January-2015 Skin protection Hand protection Rubber gloves. Confirm with a reputable supplier first. Other As required by employer code. Respiratory protection Where exposure guideline levels may be exceeded, use an approved NIOSH respirator or NIOSH-approved filtering facepiece. Thermal hazards Not applicable. General hygiene Always observe good personal hygiene measures,such as washing after handling the material considerations and before eating,drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and Chemical Properties Appearance Liquid Physical state Liquid. Form Crystalline. Color Colorless to Light amber Odor Ododess Odor threshold Not available. pH 7-9(5%solution) Melting point/freezing point -1 -F(-18.33 °C)(30%solution,periodically mixed to ensure homogeneity) Initial boiling point and boiling Not applicable range 225°F (107.22°C) Pour point Not available. Specific gravity 1.24- 1.34(H2O= 1) Partition coefficient Not available. (n-octanollwater) Flash point Not available. Evaporation rate Not available. Flammability(solid,gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit-lower Not available. N Flammability limit-upper Not available. Explosive limit-lower(%) Not available. Explosive limit-upper(%) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Easily soluble in cold water, hot water, methanol, acetone. Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. 10. Stability and Reactivity Reactivity Reactive with oxidizing agents, acids, metals in presence of moisture. Possibility of hazardous No dangerous reaction known under conditions of normal use. reactions Chemical stability Material is stable under normal conditions. Conditions to avoid Contact with incompatible materials. Incompatible materials Acids.Strong oxidizing agents. Metals. Hazardous decomposition May include and are not limited to: Hydrogen chloride. Chlorine gas. Oxides of magnesium. products 11. Toxicological Information Information on likely routes of exposure Ingestion Expected to be a low ingestion hazard. #15618 Page:3 of 6 Issue date 16-January-2015 Inhalation No adverse effects due to inhalation are expected. Skin contact No adverse effects due to skin contact are expected. Eye contact Direct contact with eyes may cause temporary irritation. Symptoms related to the Direct contact with eyes may cause temporary irritation. physical,chemical and toxicological characteristics Information on toxicological effects Acute toxicity Not classified. Skin corrosion/irritation Prolonged skin contact may cause temporary irritation. Exposure minutes Not available. Erythema value Not available. Oedema value Not available. Serious eye damage/eye Direct contact with eyes may cause temporary irritation. irritation Corneal opacity value Not available. Iris lesion value Not available. Conjunctival reddening Not available. value Conjunctival oedema value Not available. Recover days Not available. Respiratory or skin sensitization Respiratory sensitization Not classified. Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are mutagenic or genotoxic. Mutagenicity No data available to indicate product or any components present at greater than 0.1%are mutagenic or genotoxic. Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH, NTP,or OSHA. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Teratogenicity Not classified. Specific target organ toxicity- Not classified. single exposure Specific target organ toxicity- Not classified. repeated exposure Aspiration hazard Not classified. Chronic effects Not classified. Further information This product has no known adverse effect on human health. Name of Toxicologically Not available. Synergistic Products 12. Ecological Information Ecotoxicity May be harmful to freshwater aquatic species and to plants that are not saline tolerant. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Mobility in general Not available. Other adverse effects No other adverse environmental effects(e.g.ozone depletion,photochemical ozone creation potential,endocrine disruption,global warming potential)are expected from this component. 13. Disposal Considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste disposal company. Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues.This material and its container must be disposed of in a safe manner(see: Disposal instructions). #15618 Page:4 of 6 Issue date 16-January-2015 Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue,follow label warnings even after container is emptied. 14. Transport Information U.S.Department of Transportation(DOT) Not regulated as dangerous goods. Transportation of Dangerous Goods(TDG-Canada) Not regulated as dangerous goods. 15. Regulatory Information Canadian federal regulations This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations and the SDS contains all the information required by the Controlled Products Regulations. WHMIS status Not Controlled US federal regulations TSCA Section 12(b)Export Notification(40 CFR 707,Subpt.D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) Not listed. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130) Not regulated. Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPS)List Not regulated. Superfund Amendments and Reauthorization Act of 1986(SARA) Hazard categories Immediate Hazard-No Delayed Hazard-No Fire Hazard-No Pressure Hazard-No Reactivity Hazard-No SARA 302 Extremely No hazardous substance SARA 311/312 Hazardous No chemical SARA 313(TRI reporting) Not regulated. Other federal regulations Safe Drinking Water Act Not regulated. (SDWA) Food and Drug Total food additive Administration(FDA) Direct food additive GRAS food additive US state regulations California Safe Drinking Water and Toxic Enforcement Act of 1986(Proposition 65):This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. US-California Proposition 65-Carcinogens&Reproductive Toxicity(CRT):Listed substance Not listed. US.Massachusetts RTK-Substance List Not regulated. US.Pennsylvania RTK-Hazardous Substances Not regulated. US.Rhode Island RTK Not regulated. Inventory status Country(s)or region Inventory name On inventory(yes/no)* Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No United States&Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes *A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s) #15618 Page:5 of 6 Issue date 16-January-2015 16. Other Information LEGEND 1 Severe 4 '' 0 \ Serious 3 ............_ 0 Moderate 2 PHYSICAL HAZARD 0 Slight 1 PERSONAL Minimal 0 PROTECTION Disclaimer The information in the sheet was written based on the best knowledge and experience currently available. Information contained herein was obtained from sources considered technically accurate and reliable.While every effort has been made to ensure full disclosure of product hazards,in some cases data is not available and is so stated.Since conditions of actual product use are beyond control of the supplier, it is assumed that users of this material have been fully trained according to the requirements of all applicable legislation and regulatory instruments. No warranty, expressed or implied, is made and supplier will not be liable for any losses, injuries or consequential damages which may result from the use of or reliance on any information contained in this document. Issue date 16-January-2015 Effective date 15-January-2015 Expiry date 15-January-2018 Further information For an updated SDS, please contact the supplier/manufacturer listed on the first page of the document. Prepared by Dell Tech Laboratories,Ltd. Phone:(519)858-5021 Other information This Safety Data Sheet was prepared to comply with the current OSHA Hazard Communication Standard(HCS)adoption of the Globally Harmonized System of Classification and Labeling of Chemicals(GHS). This SDS conforms to the ANSI Z400.12129.1-2010 Standard. #15618 Page:6 of 6 Issue date 16-January-2015