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R-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, City Clerk Attachment A KCRPC 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: Rita Parker, KCRPC Program Coordinator Lori Young Mid-America Regional Council Central Salt, L.L.C. June 11, 2019 6/11/19 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) YEARLYCONTRACT.for.SALT& DEICER. MARC/KCRPCBidNO. 87 This CONTRACT, by and between Mid Arnerkca 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 1st day of June. 2019. WiTNESSETH: WHEREAS, MARC/KCRPC does hereby accept, with modifications, if any, the bid of Central Salt, LLC. Thebid document and submittal by Contractor is made a part of this contract, Awarded items include: • Item straight -road tali at $71.02/ton delivered • Item 2 Snowslicer deicer at 582.01/ton.delivered. 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 en as -needed basis, 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 with the prices, terms and conditions of the invitation far bid and aril/Subsequent term contract All sales to Participants or Non -Participants will be made on purchase orders issued by that jurisdiction: -All receiving, inspection, paymentsand 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. 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.CityMO 64105=1659: b) A composite report of all contract purchases against any and all purchase orders issued against thls.contract. The report shall.be compiled andsubmitted to Program Coordinator by electronic mail Copies of invoices may. he submitted electronically; in lieu of a composite report. 2. CONTRACT TIME Contract is effective from June 1, 2019 to May'31, 2020, 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' to the Participant, unless otherwise specified by the.Partiicipant:; 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. 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 ofthis contract: "In the event.of any termination of contract by the. Contractor that is not due to thebreach 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.. Page 3 of 2 5. CHANGES AND ADDITIONAL SERVICES The MARC/KCRPC may at any time, by written order, make changes or additions, within the general scope of this contract in mit) 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 servicei 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. 8. 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 givenaddress or delivered in person to said Contractor or his authorized representative IN WITNESS WHEREOF, the parties hereto have signed this CONTRACT: By: (signature) David Warm Executive Director Mid-America Regional Council 600 Broadway, Suite 200 Kansas City, Mo., 64105-1659 Date: 6/7/19 By: (signature) Lori Young Customer Service Supervisor Central Salt, LLC 1420 State Highway 14 Lyons, Kan., 67554 P. 620-257-5626 x 505 F. 620-257-5052 Email: Iyoung@centralsalt.com Date: 5-31-19 Distribution Originals (2) Contractor MARC/KCPRC Program Coordinator Staff Contact: Rita Parker, KCRPC Program Coordinator P. 816.246.5083 (F:816-421-7752) rita.parker@kcprc.com Attachment. Pricing Page 2 of 2 8ID/CONTRACT #87 SALT & DEICERS Effective 6/1/19 to 5/31/20 (With four one-year renewaloptions} Item # | Description | Unit | Est. Qty. 1 Salt, straight | Ton | 11,775 Belton | 1,500 Edwardsville | 250 Jackson County | 4,000 Lee's Summit | 5,000 North Kansas City | 500 Platte City | 150 Truman Medical Center 2 ClearLane enhanced de-icer, Or approved alternate | Ton | 1000 Lee's Summit | 500 Liberty Hospital | 250 Olathe | 250 TOTAL AWARD: MINIMUM DELIVERY, IF ANY PAYMENT, NET 30, DISCOUNTS? OFF SHELF DISCOUNT? MAXIMUM PERCENTAGE ALLOWED OVER ESTIMATED TONNAGE DEIVERY RATE OUTSIDE 50 MILE RADIUS OF METRO 51-100 miles 101-150 miles 151-200 miles DELIVERY TIME PRE-SEASON (BEFORE NOV 15) DELIVERY TIME PRE-SEASON NON EMERGENCY (AFTER NOV 15) DELIVERY TIME EMERGENCY PICK UP AT LOCATION AVERAGE TON LOAD OF TRUCKS FACILITY LOCATION OPERATION HOURS FACILITY - SALT PRODUCTION ONLINE ORDERING AVAILABLE PROCUREMENT CARDS ACCEPTED: COOPERATIVE PURCHASING ALLOWED? APPENDIX A- BIDDER WARRANTIES APPENDIX B AUTH & NONCOLLUSION APPENDIX C MO DAV PREFERENCE APPENDIX D MO PRODUCT PREFERENCE APPENDIX E - JACKSON CO COMPLIANCE FORM APPENDIX F - JACKSON CO AFFIDAVIT Unit Ton 1,500 250 4,000 5.000 SOO ISO 375 Est„ city, 21,775 Ton 1000 sod 250 250 51-100 iniles. 101=150 &Wet 151.L200- miles CENTRAL SALT Lit Unit Price Total Price 7142 $ 836,260.50 82.01 $ 25 Tons Net 30, riO discount No 20% 5. 3.50 Per mile 4.00 Per mile $ 4.50 Per mile 10 Business Days 10 to 15 Business Days 401030 -918;2700 10 Business DayS Business Days 25 Tons 1420 State Highway 14, Lyons, Kan, 67554 6:00 a.M. to 10 O.rn. Mon -Fri 1420 State Highway 14, LyonsiKan., 67554 Nc No NIc Yes Yet, 'NM"' uhl/A" Yes 4,...07,11,,ariagGetad, KANSAS Cyry REGIONAL PURCHASING COOPERATIVE A Partnership of: Mid-AmeriCa Council of Public PtirchaOng and Mid -America Regional Cpundl and Local Governments Acting ets the lead agency,- offers the following INVITATION FOR BID The KanSas City Regibnal Purchasing Cooperative (MARC/KCRPC) will accept separate sealed bids from interested in providing the following, in'accordencewith the attached sPedficationsi YEARLY CONTRACT FOR SALT and DE-ICERS BID 87 (Issued May 3, 2039) 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, q!Jalifieci, persons or firms Rau AN p.gcTRONIc BIDSTO Prograni Coordinator by electronic Malt Only SUBJECT LINE: MARC/IcCRPC IBM '10 - OPENS: 5P4/19 1:00 p.m: - BIDDER'S NAME CLARIFICATIONS: Requests for clarification will not be accepted after 3:00 p.m. on May 15, 2019 Subrinit In writing to: • E-mail: rite.parker@ktrpc.com t Fax: 81.6-421-7758 NOTICE OF AWARD: Expect to announce by May 31, 2019 _ . CONTRACT PERIOD Ririe:1,1019 to May 31, 2020 With option to renew for four (4) additional One year periods and subject to adjustment based Ort award date • MARCIKCRPC and Participantsresetve the right to reject any, and all, bids„.to waive technical defects in bids, and to select the Wigs) deemed most advantageous to the entities If Bidders received this bid document from sources other than direct mailing Or at DernandStar.Cork you must contact the Program Coordinator to be added to the distribution lust for any addendums, clarifications, or other biti noticeS. It is the responsibility of each Bidder, before Stitimitting a bid, to examine the documents thOrokiM and request written interpretation Or ClarificatiOnt after discovering any conflicts, ambiguities, errors Or omissions in the bidding documents. • Open Records Act and ProprietaryinfOrniatiOri The Mld-America Regional Council (MARC) is a public organization and IS subject to the Missouri Open Records Act (chapter 610, OMO. All records or retained by MARC a re considered ,public records and are open to. the poblitot media upon request unless thoSereCords are specificaily protected frorndiSdasiire by laW or exempted under the Missoiui. SunshineLaw, AB contents pia response to a Bequestfor Bids, qualifirmtioris;prOpOsals,Orinformation issued by MARC are considered public records and subject tO public release fcilloWing decisionshy MARC regarding the bid request If'a proposerhas information that it considers proprietarY,a'bidder shall identifidocumentsor porticini of documents it.cOtiderS to contain descriptions of scientific and technological innovations In which it hasa prOprietaryinterest, or other information that is protected from public disclosUreby law, which • is contained in a ProposaL 'After either a contract is executed pursuant to the Request for Blds, RFQ. or RFP, Or all submittalsare 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. of25 TABLE OF CONTENTS: CoverPage 1 Table ot Contentd. Legal Advertisernent 2 1.0 Introduction 3 -4 2.0 Specific ftequirernent, 5 8 30 General Conditions (Award and Post -Award) 3-13 4,0 51i_e'cifiOtiOn5 14 5.0 'Pricing a hci'Stibmittals 118, Appendix A— Bidder Warranties 1 page Appendix B=AUttiorization to Sign and Now-thilUSion 1 page Appendix C:=Nilissouri Disabled Veterans Preferepce 1 page Appendix D 7 Kst;uri Products Preferente 1 page Appendix E-7Jackson County, Mo. Compliance Report Formy 1 page Appendix F—Jacks�nbuy,Mo.Afftdavft Z pages LEGAL ADVERTISEMENT INVITATION FOR BID DID 0 87 MARC/KCRPC is seeking bids for salt and deicers on behalf Of i-ea participants. Bid due by 5/24/19 1:00 p.m. Contact rita.parker@lccrpc.torri or visitiwww.inare.crg/kcrpcf owlinty.demandstar.Com. Published: gansas City Star The Call !,Cansas qtY Hispanic News 5/9/19 5/3/19 /2/19 2 Of 25 SCOPE: Mid -America. Regional Countil/Kansas City Regional Purchasing Cooperative (MARL/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 -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 1S percent administrative fee which is rebated back t® MARC based on sales by the successful bidder: SECTION 1.0. iNTRODUCTION 1.1 DEFINITIONS - Definitions of all relevant terms and entitles_ are provided below. Defined terms or entities used in this Invitation for Bidstartwith acapital fetter. 1.2.1 "MARC/KCRPC" refers. to Kansas. City Regional Purchasing Cooperative, a purchasing cooperative partnership of the MACPP, and MARC, and theirmembers, 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. - 1.1.3. "Non -Participant" means a Municipality, County,.5tate, 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 perforrn the work or the materials covered thereby, and its duly authorized agents or other legal representatives. 1110 . 'Adriiinistrative 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 r for worket the site of theproject 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 partsthereof 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 matenals,.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. 1.114 The term "estimated" represents quantities estimated for the period of time stated Purchase ordersshall 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 IDt# 43=D976432), 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; 3 of 25 The Kansas City Regional Purchasing Cooperative (KCRPC) is a PartriershiP 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'rnanagers, 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 resoiving disputes. The MARC Board Of Directors consists of 30 locally elected leaders representing the nine counties and 3.13 cities in the bi-state metropoilten Kansas City region; MARC provided initial support for the first two years of the pregram. 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 contratt, which N 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. 13 PARTICIPANTS This is a joint bid for a term supply and service contract for the following participating entities: • 1 City Of Belton:Missou_ri 2 City of Edwardsville, 1(ansaS' 3 Jackson CCunty, Missouri • 4 Johnson CountY, Kansas Road & Bridge—, Public Works 5- Liberty Hospital, Liberty, Missouri .Cit‘k Of Lee's Stimmit, Missouri , •_ • 7 City of Worth Kansas aty, Missouri 8 City of Olathe, Kansas 9 City of Platte City, Missouri 10 - City of Shavtinee, Kansas _ 11. Truman Medical Center;LakeWood and Downtown facilities: * Additional participants may be added under addendum or by 'a contract modification (after award) vvith mutual agreement. 4 of 25 8EcriON 2.0 SPECIFIC REQUIREMENTS 2.1 PREPARATION OF BIDS. 2.1.2 Bidders are expected to examine any, specifications, schedules arid instructions Failure to do so vvill be atthe bidder's risk. 2.1.3 Each bidder shall furnish the information required by the invitation. The bidder shall sign the iriVRatibri and print ar 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 erasure § ar 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. 24.4 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 bidt for 100es or services other than Mize 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 catalognOmber, such must be stated in the bid. 2.1.9 Prices quoted are-tp be firm arid 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. 21.11 Pricing Section 5.0 iviuST be completed, signed and returned by electronic mail. Bidders shall retain a copy for their records. - 2.2 cONTliACI-PERiOD 2.2.1 This invitation to bid is for a yearly contract, with Wien to renew for four additional one—year renewal perieds. 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 shalt notify the Contractor in writing, of the intent to exercise the renewal option. However, failure to notify the Contractor does not waive NIARC/KCROC's right to Exercise the renewal option. The Contractor shall be required to submit documentation to the Program Coordinator fromthe manufacturer ar 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 Criordinator and the Participant& SUBMISSION & ACCEPTANCE OF. BIDS 2.3.1 failure to follow these procedures is cause for rejection of bid. 2.3.2 section 5.0 andappendices 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 reCorrit, Bidders must confirm receipt of Submittal With .Program Coordinator, documents were received prier to bid date and time iri the event vain programs block submissions. 2.3.3 Telegraphic or faxed bids will not be considered unless authorized by the invitation. 2.3,4 A that is in the *session of the Program Coordinator may be altered by telegram or letter bearing the signature of the person authorized for bidding, prcivided it is received prior to the tinie and date of Opening. Telephone or verbal alterations of a bid will not be accepted. 2.3.5 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 bidSlo be withdrawn Must be made in writing by telegram or letter bearing the signature of the person authorized for hidding, provided it is received prior to the time and date of opening. Bids may not be withdrawn after the bidopening. 2,3,6 Samples of !terns, when required; roust 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 Letting, 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 EPLANATICIN 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 beforethe award of the contract will not be binding. Any information given to prospective bidder 2,3 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 anaddendum 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 retureed:with the bid and received prior to &Sing time and date. 2.6 LATE BIDS & MODIFICATIONS It is the responsibility of the bidder to deliVer his bid or bid medificatiOns on or before the date and time of the bid receipt deadline. Bids will NOT be accepted after the date andtirne of closing under any circumstances. 2.7 DISCOUNTS & BID EVALUATION Discounts offered for prompt (early) payment will be considered in bid eValisation. 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 annototed. The Contractor is responsible to obtain verification of eiemptiOn from pakent of taxes from each Participant, and from any Non- Participalit, and Is responsible to bill taxesif 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 en extended period of time. 2.10 ALTERNATE BIDS Bidders must submit complete specifications -on all alternate bids. Alternate bids without complete specifications may be rejected, Alternate bids and exceptions may be rejected. Alternate bids and exceptions to bid clauses must be dearly 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 *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 BIDOPENING PROCESS — NotApplicable—EleCtronic submittal only 2.13 REQUEST FOR BID TABULATIONS Requests for bid tabulations mlist be submitted in writing to the Program Coordinator, either by fax e-maii orregular mail. Bid tabulations will be available for distribution the next business day fdloWing the bid opening and will be posted Under current bids at wwW.inarc.org/kcinc, 2.14 SAMPLES AND MANUFACTURER'S SPECIFICATION SHEETS Upon written request by the Program Ceordinator, Bidders must submit samples and manufacturer's spedficatien sheets (including Material safety data sheets), for each Item 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. 6025 Sarnples shal(he returned to the Bidder by the Participants, upon request and the Bidder -Shall make arrangements for return of the samples, at Bidder's: expense. 2,15 QUANTITIES quantities; fisted 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. 2.15 TRANSPORTATION CHARGES All terms of delivery or -conditions of this are F.O.B. destination and inside delivery, and the Contractor shall pay all transportation charges, within the 50-mile radius of greater KansasCity. For deliveriesoutside 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/BUSINESS LICENSE TAX REQUIREMENTS Biddersmust 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 subcontractcrsparticipating in;this contract shall fill out all appropriate forms as requested by Partidpants 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, rates 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 1933, as amended. 221 ANT TRUST Submission of a bid constitutes an assignment.by Bidder of .any and all anti-trust claims that Bidder mair have under the Federal and/ar State laws resulting from any contract associated with this bid.; 2.22 EQUALOPPORTUNITY CLAUSE _2:22.1 In connection With the furnishing of supplies arperformance 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 attentionis directed to all federal, state and Participants' laws, ordinances; and procedures requiring equal employment opportunity *kb, among other things,_ require that the contractor agree not to discriininate against any employee or applicant for employment because of race, creed, coier, national origin, or sex. All bidders shall complete any reporting forms and certifications of any Participant with regard to their equal ernployment,practices: 7:22.3 The bidders will be required to comply with all individual equal Opportunity requirements, es delineatedbelow, 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 -cif 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 ofJackson to equal einployinent opportunity Which, among other things, requires that the contractor agree not to discriminate against any employee or applicant foeemployment because of race, creed, -Color, national Origin, Orsex. All bidders shaiLcornplete the County's Compliance Report: Forty) (see appendicesi; 2,23 REGULATIONS PURSUANT TO -SO-CALLED `ANTI -KICKBACK ACT' The Contractor shall complywith the applicable regulations of the Secretary of Labor; United States Department of 'Labor, made pursuant to the so-called "Anti-Kickback:Act" of June13,1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874 7 of•25 and Tide q0 U.S.C.; Section 276c) and any arnendm. exits or modifications thereof, shall cause,.appropr late provisions to be insertedin sub contracts to insure.compliance therewith by all •sub -contractors' subject thereto, and shall be -responsible far 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 IAW DEEMED INSERTED Each and every provision of iawand.ciause 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 Coda 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 ofany 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/ICCRPC and Participants against all liability, loss and damage arising out of any injuries to persons and property caused by Contractor; his subcontractors; 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 Prograin,Coordinator to determine any disapproval of the use ofsuch sub -contractor. 2.28.2 The Contractor shall be fully responsible to the MARL/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 ail subcontracts relative to the Work to require compliance by each'sub-contractor with the applicable provisions of the contract. 2,28.4 Nothing contained the Conditions shall create any contractual relationship between any sub -contractor. and MARC/KCRPCand 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, 18; 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 B:0 -GENERAi. CONDITIONS (AWARD and POST AWARD) •AWARo br. ONTRACI', 3.1.1 BASIS.©F AWARD: a) Onlyflrm bids will be considered. The bidder warrants that -prides, terms -and• conditionsquoted 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 reinain firm for the period of . performance of resulting, purchase orders or coritracts that are to be performed, over a period of.tirrne, ts) Bidders may be requested tosubmit financial statements subsequent tethe,bid opening., Such statements shall be submitted to theProgram Coordinator within three (3) calendar days after being sp requested: c) The Program Coordinator and Participants reserve the right toreject any`and all:bids, to waive any and all technical: defects, irregularities'and informalities In olds, to disregard all non-conforrning or conditional bids or counter- proposals, and to select the•bidjs) deenied'most advantageous to the entities. dl The award of the Contract, ifawarded, shati.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 tattoo conside red. 3.1.E EVALUATION OF BIDS a); The evaluation of bids will include consideration:ef prii:e;•0uality; 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: lime of delivery W�11 also beta factor in the award: b) "Or Approved Equal" Clause: Whenever a Material, article, or piece; of:equi:pment.is identified on the plans or in the specifications by reference tomanufacturer s or "venders nen-ies, trade names, catalog numbers, 'etc , it is intended merely to establish a standard, and, any material, article, or equipmentof other manufacturers. and .vendors which:will perform adequately the duties Imposed by the general: design will be considered' equally acceptable. providedthe material, article,: orequipmentso proposed,'Is,in the opinion of the Program Coordinator and° Participants, of equaisubstance 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" shalifollow such designations unless' the: face hereof specifies "no;substitutes" The Ptomain Coordinator may assume that items bid are equator it may request samples and proof thereof unless approved before shipment. The Participants reserves_theright to returnbidders expense all items that are -not acceptable as equals, said iternsta be replaced byy bidder with- satisfactory, items at the original price - : , ' • _ - d) 7o the limit allowed by statutory authority, the Program Coordinator and Participants, shall give, preference to all COMM odlties.nlanufactu red, mined, produced, or grown Within the United States, the States of Missiiuri or IKansas,.and to• all firms,,Corporations or individuals headquartered in the United States,'the States of Mls sours• or Kansas, when quality is equal -or better and the delivered price is the same or tens, 31,3 .AWARD PROCESS • a) The -Program Coordinator the Participants may accept any item or group of ttems.of•anybid on a• split -order basis, lump=sum or individual -item basis, or such combination;as'shalt best serve the interest of they Participants unless qualified by specific limitation of the bidder: b); Unless otherwise provjded in the bids may belsubmitted for any quantities lessthan.those specified; arid the Program Coordinator' and' Participants reserve the right -to make an award on ally item for a quantity less than the quantity bid upon at theithit price offered 'unless;the bidder -specified otherwise in hiis bid. • c) An award rnailed(orotherwise furnished) to the successful bidderwithin.the time foracceptante` specified in the bid,' results in a binding contract without further action by.either party., d) In the event a Participant's procedures 1..Ar4 governing'body approval_af the bid said Participant Will take the individual award recommendationn-to their governing body for approval andmay:issue a separate" contract to the"successful Bidder Ali contract requirements in this Invutation'foraid including requirements' related to administrative, fees, and monthly'reports, will apply to individual `Participant contracts generated:under this Invitation for Bid.. ' • 9 of 25 3:1.4 NOTICE OF AWARD. After considering the basis of award and evaluationofbids, 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 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 cif. 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 MARL/KCRPC. If a Participant has an existing contract for the same commodity, that contract will either lapse et expiration date, or be cancelled by the Participant, before the MARC/KCRPCis 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, snake changes or additions, within the general scope of this contract in ar 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 aschanged. 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 MARCJKCRPC, the 1.5 percent Administrative Fee, based on each Participant's 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 of this contract, prior to acceptance 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 levitation 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 ohligation 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 ANDPAYMENTS 3..7.1 The successful bldrier(s) shall furnish to MARC/kCRPC: a) Payment of the 1.5 percent Administrative Fee to MARC/KCRK, based on gross sales for each month to Participants and Nan -Participant& The Contractor shall have no claim or right to all or any portion of the Administrative Fee. All payments shall be made payableto Mid.Ainerice 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, Kan* City, Mo., 54105-1659 Attn: Finance Departrnent bY A composite report of all contract purchases against any and all purchase orders issued against this contract. The report shell be compiled and Submitted by electronic mail to the Program Coordinator. The report shall include, at a minimuni: 1) Ordering entity and designated Participant or Non Participant 2) Entity's purchase order number, and date ordered, $1 {tern descriptions, quantities ordered, units of measure, along with all unit and extended prices. 4) The report shall be totaled for the accumulated dollar arnount 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 hereinshall 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 et 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 clays after the end of each ninth. 3,7.4 RIGHT TO AUDIT Program Coordinator may compare records provided by entities with reports submitted by contractor. Program Coordinator will provide written notification to Contractor of any discrepandes and allow vendor thirty (30)calendar days to resolve discrepancies to Program Coordinator's satisfaction. In the event the Contractor does pot resolve the discrepancy to the satisfaction of the Program Coordinator, MARC/1(61PC reserves the debt td 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 18.1 The Participants, and any Nori-Partitipants will not be responsible for articles or services furnished without a purchase order unless othervijse 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 fait, 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 Departrnent and payments will be made on a monthly basis Other Purchase Orders wilt be 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 issuance of Purchase Orders is contingent upon the available funding and allocation of funds bY, the Participants. 3.10 DELIVERY REQUIREMENTS r See Section 4.0 3.7. of ?5 3.1.1 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 far rejected supplies after notice of rejection. 3.12 TIME OF DELIVERY The Participants require that ail materials 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 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 Neverber 15 (during the snow season) for restocking of supplies, c) Emergency orders placed in case of unexpected depletion of supplies, d) Pick up at Contractors 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, peeking, 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 Involce "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 recelvinginvoices, or errors and omissions, an 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 GOO 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, o rfor 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 andParticipating 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 arid 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 suchsuit and all papers therein are delivered to Contractor) for any alleged infringement of any patent by reason of the 12 of 75 sale or ie of such articles and Contractor agrees that he Will Ciay all cast, damages end profit recoverable in any such suit. 349 INSPEC-ION AND ACCEPTANCE 3.1.9.1 No material received by the Participants pursuant to a purchase Order issued under the terms and conditions of this bid dOcument Shall be deeined 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 retuned at the Contractor's expense, for full credit or replacement within 24 hburs of. rintificatien. 3.1912 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 prlvllege5 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 ASSIPNIVIENTS 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 Ccintractor at hisiast 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 shay (69) calendar days prior notice in writing to the other party. 3;22.2 - MARC/KCRPC inay terminate this contract imrriediately, 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 al 25 4.0 SPECIFICATIONS and DELIVERY REQUIREMENTS: All materials provided must be protected during transit by waterproof cover, as required by weather conditio_ns. Twenty-four (24) hournotice 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 ASTA4i ,Standards Vols. 04.03. 4.2 Treated rock salt -ClearLane° enhanced de'-icer, or r approved alternate. 4.3 Magnesium chloride, liquid 4.4 32% calcium chloride solution (CaCl2) 4.5 .Ice Ban° Agency: - Contact; Ship TO; Phone# -Product:, Estimated Qty: Tritck:delivery requirement: :Belton; Mo. Monte Johnson, 1201 Street Barn Lane 64012 7a.m. to 330 p.m. 816-331-9455. Salt 1,500 tons Hopper bottom or End dump Edwardsville, Ks. Tanimy Snyder - Public Works 690 S. 4th Street 65113 913,441-3707 ext. 23 Salt 250 tons - End dump Jackson County, Mo. Tim Underwood Jackson County -Public - Works 1201 S.W. Quarry. Road. Blue Springs MO 64015 816-847-7062 Salt - 4,000 tons End dump Johnson County, Ks: Road & Bridge Wes Root Road & Bridge, Public Works 1800 W. Old 56 Hvay.i Olathe, Kan., 66061 913-175-8329 Ice Ban -11,000 gallons N/A Uberty Hospital Nathan Spencer 2525 Glenn Hendren Liberty MO 64068 816-985-8969 Cieadane 250 tons End dump Lee's Summit, Mo, Bruce Taylor- or Shawn Graff Public Works Operations 13715. E. Hamblen Road 64082 816-969-1870 Salt - 5,000 tons End dump Clearlene 500 tons N/A Calcium chloride 4,500 gallons -N/A North Kansas City, - Mo. Pat Hawver Street Department 1229 Gentry 64116 816-274-6019 Salt 500tons Hopper bottom or End dump Olathe, Ks. Chad Courtois Street Maintenance 201 W: Harold Street 66061 913-971=6012 dearlene - 250.tons .N/A Calcium Chloride 15,0p0 gallons N/A• Platte City, Mo. Sharon Anderson Public Works 108 Paxton 64079 816-858-4815 Salt 150 tons End dump Magnesium chloride 2,500 gallons Shawnee, Ks. Jeremy Gerdes Public Works 18690 Johnson Dr. 66218 913.238-2541 ice Ban 6,600 gallons _. Truman Medical Center- Lakewood &, Downtown Augustin Sylvester Lakewood; 7900 Lee's Summit Rd. Kansas City MO 64139 Downtown: 2301 Holmes St. Kansas City MO 64108 816.404-6951 Salt 375 tens End dump (both locations) 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/kcrpe/ 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 an the -first -year usage only. In case of discrepancy between a•unitprice and extended price, the unit price will prevail. DO NOT SUBMIT PRICING BY THE LOCATIONS. Item # Description Unit, Total Est:: QtY - Unit Price Total'Price 1 Salt, straight Ton 11,775 71.02 836,260.50 Belton 2500 ,Edv.rardsvllle 250 Jackson County 4000 S000 Lee's Summit North Kansas City Soo Platte City 150 .. Truman Medical Centel 375 2 - Clearlane enhanced de-icer,or approvedalternate _ - Ton 1,000 82.41 82,010.00 Lee's summit 500 State brand bidding. SnoWSIiCer Liberty Hospital 250 Olathe 250 3 32% calcium chloride solution (CaC12) Gallon 4,500 ND did Lee's summit 4500 Olathe 15000' 4 IceSan® Gallon 17,600 ND Bi(i Johnson County, Ks. Road & Bridge 11000 Shawnee 6600 5 Magnesium Chloride Liquid (FreezGard CI+ Magnesium Chloride liquid w/Corrosion Inhibitor) or approved alternate Gallon 2,500 No Bid - .Platte City 2500 •fate brand biddingr TOTAL Bln: 918,270.50 State minimum delivery requirements, if any: 25 tons Payment Terms are Net 30 for all orders. Do you offer an early payment discount (i.e. 2% Net 10) Yes ® or No❑ If yes, state discount NA %, Net Days Do you offer. an "off shelf' discount for s iimilar products within scope of work? If yes, attach price sheet for other products/services provided. This pricing will not be used in the evaluation process. Yet El or-No0 If yes, state discount State maidmum percentage participants can order over their estimated tonnage, if applicable: 20 % 15of25 State delivery rate; per mile, for deliveries outside the SO mile radius; (FOB Destination & inside delivery included in pricing for deliveries within 50 mile radius). si-po$ 3,s lmile 10-150 $ 4.Cio Janie 151-200 $ 4.50 /mile Delivery time:for pre -season orders (before Nov Delivery time for non emergency seasonal orders (after Nov 15); 10 Days (business) 10-15 Days (business) Delivery time for emergency orders (after receipt of order): 10 Days (business) Pick up at bidder's location, after receipt Of order: NA Days (businesS) State average ton lead capacity. of bidder's trucks: Tonsper Truck State location -of bidder's facility: _ Central Salt, 1420 State Hwy 14, Lyons, KS 67554, State hours Cif facility operations: - 1 0 !Opprri_fiflonday - Friday State location of salt produttion facihty 1420 State Hwy 14, Lyons, KS 67554 Is the addenda signed & attached to bid (if issued)? cir No Does your comPanY provide onlinetirdering ability? Does yourcompany accept government pracurerrient cards (i.e. MaStercard, Visa)? Yes o If yes, prom e link: Yes o 5.3. IFFRENCE5: - 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 Narrie Rhonda Ruark Joyce LeiVas. _ Tammy Young _ Title.: Purchasing. : Purchasing _ Company State of foWa State Of Oklahoma Missouri Department of Transportation, cit,i/siafp 800 Lincoln Way, Ames, IA 500100 vaitggnmimpam 630 MoDOT Drive, Jefferson City. MO 65109 Phone ntiriblr 515-239-1578 405,521-3835. 573-52677029 Services Provided: Delivered.Road Salt Delivered Road Salt Delivered Road Salt Date services Pnivided: . 2004 -`2019 2010.-2019 2011 ,- 2019 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 tile individuals assigned to this project, Name _ Qualifications Training Experience a•- Lori Young CSR Supervisor b - praricii PrOcOplo Customer Service . _ c. 15 0125 5.3 SUBCONTRACTORS: Bidders must Include information and references foe any subcontractors to be utilized under this Wk. If no subcontractors will be used, State "N/A" or "none". Company Name/Address: Work to be performed: Referintet: Company name Contact Name & Phone No. Various Carriers Delivery of salt Central Salt, LLC Lori Young, 520-257. 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. b. c. d. e. f. 5.5 Com lete the follow n for ordering, urchase orders and remittance c�ntact Information: ordering : Contact Person: Lori Young Phone No.: nio.: 620-257-5626 ext 505 620-257-5052 Email: IYoung@centraltalt.com Mailing address file Purchase Orders: Contact Person: Lori Young Phone No.: - _: Fax No 6n-257-5626 ext 505 .620,257-5052 Address: 140 State Hwy 14 CitY, state, zip _ Lyont, KS 67554 Mailing address for PaYments: Contatt Person: 'Lori Young • Phone No.: Fax No.: 620;257-5526 ext 505 620-257-5052 Address: pi-.) Box vospi City, state, zip Kanas.City, MO 64187-0661 Sales/Rebate Reporting: Contact Person:141i Young Phone No.:620-257-5626 ext 505 Email: lyoting@centraisalLoom 17 of 25 5.6 BIDDER'S CHECKLIST: IMPORTANT - DO NOT FAX BID OR ANY ADDENDUMS Acknowledge Addenda (if any) by signing and returning with bid (do not fax). Confirm if addendurris have been Issued, by either contacting Old Program Coordinator, or checking the web sites at www.marc.oreikcrpcf or www.demandstar.coin 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. alp Bidder does not make an offer in response to this invitation. EIS Statement Of Firm Offer — Bidder's offer will be held open and is not revocable within ninety (go) calendar days after response deadline. We have read the Specifications, all Special Conditions, Information for Bidders and General Conditions, completed the necessary bid infermation, and agreeto provide saMples, as requested. Bid pricing includes inside delivery, as specified in bid invitation, c.C1 Cooperative Purchasing By Other Entities (NOn-Partidpants) Under This Contract d.E1 Certification Regarding Debarment and Suspension and ComplianCe Report (Appendix A & B) completed and included with bid Central Salt, LLC (620)257-5626 e5ct 505 -- Bidder's (Company) Name Phone No BY' Lori Youn Signature of Authorized ent Customer Service Supervisor Title (620)257,5052 Fax No 5/17/2019. Date 1420 State Hwy 14 lyoung©centralsalt.com Address _ _ E-Mail Address Lyons, KS 67554 43.-1788697 City/State/Zip Tax ID No. Fdvisans: 12/18/03 pan 2.22 (added Individual requirements), 5.0 signaii.ire block 03/02/04 par a 2.3.5 (address, 2.7 (prri.gards); 3.3, 33.5,3.73 05/11/04 para3.1i4 09/16/04 part 3.71 'c", 3.5ectien 5,0 02/08/05 Pe ra 3.3 EXecuLlPh of Agreement end'para 3.8,2 Purchase orders .04/01/05 changed adndnIstratian fee & frequency of retorting 02/27/08 Added Debartpent and Suspension teitification Form 12/05/08 Added Missouri Surihirie Law pare 04/17)19 pare 3.2.3•1avit governing of 25 says; Jackon County, ivlissouri AFFIDAVIT STATE OF Kansas. ) SS. COUNTY OF Rice ) Lori Young of the City of Lyons County of Rice - State of Kansas being dulysworn on her or his oath, deposes and I. That I am the customer service Supervisor (Title of Affiant) of Central Salt, LLC (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.rrepresentations herein. 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 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 andassessed 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 iackson County, Missouri,, bidder agrees to permitanaudit 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 restraintof trade, directly or indirectly,.which bears upon tinyone's response or lack of response to the Invitation. 6. Bidderr certifies and warrants that Bidder or Bidder's firm/organization is not listed en 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 tie contracted' services. 8. Bidder certifies and affirms that it doe's not knowingly employ any person whois an unauthorized alien in connection with the contracted services. central Salt. LLC (Name of Bidder) (Signature of At cant) Customer Service Supervisor (Title of Affiant) Subscribed and sworn to before me this 17th day of MaY 2019 NOTARY PUBLIC in and for the County of State of X7:%-. _ My Commission Expires: /-ac``; (SEAL) BRAND1 pROCOPij I±�L=' Notary prey; c.- State of Kansas My Appt. Expires f=g e2 ) 19•of.25 • JACKSON COUNTY, MISSOURI COMPLIANCE REVIEW FORIVI Report Date:05/20/2019 _ - (All rep Oils eipire ahnuallyon Deoember31s). DIRECTIONSFOR COMPLETION: Please fill out form completely. If a questipn refers to 'past report " and this is your first one, place "15t 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: Mail/Fax or Email reports to: Tom Wyisch Contract Compliance Review Director 415 East 12in Street -2id Floor Kansas City, Missouri 64106 EMAIL: cro@jacksongoli.org FAX: (816) 881A24 1. COMPANY DESCRIPTION: Name of Company Central Salt, LLC Street Address 142D State Fliqr 14 city Lyons ' State - Ks Zip 67554 Email AddreSS: IYOWID@Dentralsaltcom Website Address : kwnw.detrtralsalLcom Area Code 620 Telephone Number 2574520ext 505 Representative Name Lod Young 2. COMPANY STATISTICS: A. Total number 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 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. jjo YES NO N/A 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 Fernate 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? nb List all Minority contractors/suppliers (Minority Owned Business Enterprises MBE or Women Owned Business Enterprises WBE) with which you have contracted during this reporting pei-iod. NAME OF COMPANY STREET ADDRESS REPRESENTATIVE NAME TELEPHONE NUMBER •EMAIL ADDRESS VVEBSITE 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 WITHVVHOM YOU HAVE CONTRACTED. Figures of Employment Analysis section of this report was obtained from: YES NO 1. Available employment 4..as 2. Visual check its 3. Other (specify) This Compliance Revievv Form was prepared and submitted by: rv-t• ignature .Lori Young,,CSR Supervisor Name arid Title 05/20/2019 _ Date 1 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. APPENDIX D 'MISSOURI DOMESTIC PRODUCTS PROCUREMENT ACT (Applies to bids/contracts with $25,000 value or More On non -Federal funded purchases) DATE: 05/20/2019 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 produtts. Bids/Quotations received will be evaluated on the basis of this legislation. By virtue of statutory authority, R5Mo. 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 subinitting a bid/quotation must furnish ALL information requested below. FOR CORPORATIONS State in which incorporated: Missouri FOR OTHERS: - , State of domicile: I •FOR ALL BlDDERS: List address of Missouri offices orplaces of business: COMPANY/FIRM NAME: ADDRESS: • r caY, STATE, ZIP: THIS SECTION MUST BE COMPLETED, SIGNED AND SUBMITTED WITH BID: Central Salt, LLC • 1420 State Hwy 14. Lyoos, KS 87554 BY (SIGNATURE): EY (PRINT NAME): FEDERAL TAX Lb; NUMBER, or use Sodal Security number: •Lori Young. C R upenelsor 5/27/10 43-1788897 22 of 25 APPENDIX C` MISSOURI.SERViCE-DISABLED VETERAN BUSINESS PREFERENCE (Applies to,non-Federal funded projects) By virtue Of Statutary authority, RSMo 34.0740 preference will be given all centraCtS for the performance of any job or Service to service-ditabled Vetera ei.bUsiness either doingbutjnett as Mitsouri-firnis, corporations, or individuals, or which rnaintairi'Misseuri offices or places of business, when the quality of performance proirilsed is equal or better end the price quoted it thesame or less:or whenever competingbids, in their entirety, are comparable. Definitions: Service bisabled Veteran is defined. as any individualdisablecias-cartified by the approPriate federal agency. responsible for the .adm inistration of veterans' affairs. •ServiCe-Disabled Veteran Business is defined at a business concern: a. Not less tharififty-orie (5- 1) percent of which is owned by one or more service disabled veterans ori,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 area:NA-rolled by one or more service -disabled veterans. If en offeror meets the definitions of a-seniicedisabled 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 Missouriserviee- disabled veteran business preference over a non Missouri service disabled Veteran business when the quality of performance promised isequal better and the price quoted is the same or lets or whenever competing proposals, in their entirety, are comparable: a. A copy of a letter from the DepartMent of Veterans Affairs (VA), bed Copy Of the offeror's discharge paper (pD FOrIll 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 competed copy of this e*hibit. (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 servite-ditabled Veteran businets as defined in 34.074 RSMo and thati arn either doing, business as a Missouri firm, corporatiOn, or individual' or maintain Missourioffices or places of business at the location(s) listed below. ' Veteran Information Business Information -PrintNanie of Service -Disabled Veteran Service-Disabled Veteran Business Narne Service -Disabled Veteran's Signature Street Address City, State and Zp 'S/27/10 246125 APPENDIX B AUTHORIZATION AND CERTIFICATION OF NON -COLLUSION AFFIDAVIT STATE OF Kansas ) SS. COUNTY OF Rice_ Lori Young (Name of Individual) , County of Ride being duly sworn oh her or his oath, deposes and says; of the City of Lyons - State of Kansas 1. ThatI ani the Customer Service Supervisor (Title) of Central Salt, LLC (Firm Name) and have been authorized by said firmto 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 IVIARC/KCRPC OR PARTICIPANTS, no officer, agent or employee of the city would be financially interested in or receive any benefit from the profit or payments4:sf such;. Bidder hasnot participated in Collusion or committed any actin restraint of trade, directly or indirectly, which bears upon anyone's response or lack of response to this Invitation. Central Salt, LLC By: (Firm Name) ,-„A (Signature) Lori Young (Printed Name) _ (Title) Mailing Address -1420 .State Hwy 14, Lyons, KS 67554 Phone (620)257-5626 ext 505 FAX (620)257-5052 Customer Service SupeniisOr E-mail Address: IYoung@centraisaicom Subscribed and sworn to befOre me this 20th day of May, 2019 . 2eee, BRANDI PROCOPlO. Notary Publi- Slate ei KET:14.3 j".ty Apt. EipIres (SEAL) - NOTARY PUBLIC in and for the County of Rice State of Kansas My commission expires: i-Rc-A ?ft of 25 APPENDIX A BIDDER WARRANTIES A. Bidder warrants that -it is willing and able te Comply With State Of Missouri laws with respect tn foreign (non -state of Missouri) corpbrations. 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 acts, or omissions of any officers, ern Ployees °regents therePf. 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): Lori Young Title: Customer Service Supervisor bate: 0/20/2b19 2'5 of 25 CENTRAL SALT' Issue date 10/12/2015 Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. Page 1/8 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: 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) CENTRAL SALT Issue date 10/12/2015 Trade name: SnowSlice►® Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. Page 2/8 Reviewed on 10/12/2015 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 FIRE 0 REACTIVITY ❑0 Health = 1 Fire = 0 Reactivity = 0 Hazard(s) not otherwise classified (HNOC): None known Chloride Solution with Proprietary Additive Colorant (Violet & Red) Chemical characterization: Mixtures Description: Mixture: consisting of the following components. • Dangerous Components: CAS: 7647-14-5 Sodium Chloride RTECS: VZ4725000 ! Acute Tox. 4, H302; Acute Tox. 4, H332; Skin Irrit. 2, H315; STOT SE 3, H335; Eye Irrit. 2B, H320 <3% <1% >97% 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) A.. CENTRAL SALT Issue date 10/12/2015 Trade name: SnowSlicer° Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. Indication of any immediate medical attention and special treatment needed: No further relevant information available. Page 3/8 Reviewed on 10/12/2015 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. (Contdon page 4) CENTRAL SALT' Issue date 10/12/2015 Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. Trade name: SnowSlicer® Page 4/8 Reviewed on 10/12/2015 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: Safety glasses • Information on basic physical and chemical properties • General Information • Appearance: Form: Color: • Odor: • Odor threshold: • 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/cm3 (18.067 Ibs/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. Crystalline powder Slightly Red Slight Not determined. (Contd. on page 5) CENTRAL SALT Issue date 10/12/2015 Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. Trade name: SnowSlicer® Kinematic: Other information: Not applicable. No further relevant information available. Page 5/8 Reviewed on 10/12/2015 0 Stab! it and Reactivit • 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. nformatio • Toxicity: • Aquatic toxicity: 7647-14-5 Sodium Chloride EC50 1661 mg/I (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) CENTRAL SALT Issue date 10/12/2015 Trade name: SnowSlicer() Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. • Results of PBT and vPvB assessment: • PBT: Not applicable. • vPvB: Not applicable. • Other adverse effects: No further relevant information available. Page 6/8 Reviewed on 10/12/2015 • 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 UN proper shipping name: DOT, ADR, ADN, IMDG, IATA Transport hazard class(es): DOT, ADR, ADN, IMDG, IATA Class: Packing group: Non -Regulated Material Non -Regulated Material Non -Regulated Material • 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 MARPOL73/78 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) .6r4t1._ CENTRAL SALT Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. Page 7/8 Issue date 10/12/2015 Reviewed on 10/12/2015 Trade name: SnowSlicer® • 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 of the ingredients are listed. • GHS label elements The substance is classified and labeled according to the Globally Harmonized System (GHS). • Hazard pictograms: 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/national/intemational 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) CENTRAL SALT Issue date 10/12/2015 Trade name: SnowSlicer® Safety Data Sheet (SDS) OSHA HazCom Standard 29 CFR 1910.1200(g) and GHS Rev 03. Page 8/8 Reviewed on 10/12/2015 • State Right to Know: CAS: 7647-14-5 i Sodium Chloride i >97% RTECS: VZ4725000 4 Acute Tox. 4, H302; Acute Tox. 4, H332; Skin Irrit. 2, H315; STOT SE 3, H335; Eye Irrit. 2B, H320 Chloride Solution with Proprietary Additive Colorant (Violet & Red) All ingredients are listed. • Chemical safety assessment: A Chemical Safety Assessment has not been carried out. <3% <1% 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. 2B: 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 GRP_C YEARLY CONTRACT for SALT & DEICER MARC/KCRPC Bid NO. 66 This CONTRACT, by and between Mid -America Regional Council/Kansas Cty Regional Purchasing Cooperative, hereinafter referred to as "MARC/KCRPC", and Scotwood Industries, Inc., hereinafter referred to as "Contractor" is effective this 1ST 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% (CaCl2) $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 most 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 31, 2020 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. CHANGES AND 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. COMPPANT 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 Arty 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: C J� 00,--. David Warm Executive Director Mid -America Regional Council 600 Broadway Suite 200 Kansas City, Mo., 64105-1659 L 2 PI`T Date - Distribution: Originals (2): Contractor Staff Contact: Rita Parker, KCRPC Program Coordinator Attachment: Pricing By: Latik Michelle Nations Director, Liquid Division Scotwood industries 12980 Metcaff Ave Suite 240 Overland Park, Kan., 66213 P. 913-851-3500 F. 913-851-3553 Email: biddeskcPscotwoodindustries.com MARC/KCRPC Program Coordinator P.816-246-50831E 916-421-7758) Email: nte.0arOtt faxc:Ai rat:. Page 2 of 2 BID/CONTRACT # 87 SALT & DEICERS Effective 6/1/19 to 5/31/20 (With four one-year renewal options) ©RPC Item 4 Description Unit Est. Qty. 3 32% calcium chloride solution (CaCI=) Gallon 4,500 Lee's Summit Olathe 4 IceBan 4500 15,000 17,600 Johnson County Ks R&B 11,000 Shawnee 6.600 5 Magnesium Chloride liquid (FreezGard CI+ Magnesium Gallon 2,500 Chloride Liquid w/Corrosion Inhibitor) or approved alternate Platte City 2,500 TOTAL BID: MINIMUM DELIVERY, IF ANY PAYMENT, NET 30, DISCOUNTS? OFF SHELF DISCOUNT? MAXIMUM PERCENTAGE ALLOWED OVER ESTIMATED TONNAGE DELIVERY RATE OUTSIDE 50 MILE RADIUS OF METRO 51-100 miles 101-150 miles 151-200 miles DELIVERY TIME PRE -SEASON (BEFORE NOV 15) DELIVERY TIME PRE -SEASON, NON EMERGENCY (AFTER NOV 15) DELIVERY TIME EMERGENCY PICK UP AT LOCATION AVERAGE TON LOAD OF TRUCKS FACILITY LOCATION OPERATION HOURS FACILITY - SALT PRODUCTION ONLINE ORDERING AVAILABLE PROCUREMENT CARDS ACCEPTED COOPERATIVE PURCHASING ALLOWED? APPENDIX A - BIDDER WARRANTIES APPENDIX B - AUTH & NONCOLLUSION APPENDIX C - MO DAV PREFERENCE APPENDIX D - MO PRODUCT PREFERENCE APPENDIX E - JACKSON CO COMPLIANCE FORM APPENDIX F - JACKSON CO AFFIDAVIT SCOTWOOD INDUSTRIES Unit Price Total Price 1.160 $ 5,220.00 4300 gallon minimum (for orders less than, call for quote) 1.365 $ 24,024.00 84:16 ratio, 4500 gallon minimum (for orders Tess than, call for quote) 1.35 $ 3,375.00 FREEZEGARD CI+ LTL 2500 1.235 $ 3,087.50 FTL 4500 $ 32,619.00 Noted above Net 30, no discount No Not applicable 5 5.50 Per mile 5 5.00 Per mile $ 4.25 Per mile 4 Business Days 3 Business Days 2 Business Days 1 Business Days 23-25 Tons 12980 Metcalf Ave, Ste 240, Overland Park, Kan., 66213 Varies Varies No Yes Yes Yes Yes "N/A" "N/A" Yes Yes ORPC 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: Expect to announce by May 31, 2019 CONTRACT PERIOD: June 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 desaiptions 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 disdosure 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 5 - 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 5/24/19 1:00 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. 1.1,3 "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. 3 of 25 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 chargirg 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 shalt 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 Gty 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 Summit, 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 to 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 tor 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. 2.3.5 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 may be 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 'tern 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. 6 of 25 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 retum 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/BUSINESS 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 informalities 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, article, 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. 9 of 25 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 Participant's 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 Clty, 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 RIGHT TO AUDIT 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 11of25 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 specified. lime 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 25 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 - Clearlanet enhanced de-icer, or approved alternate. 4.3 Magnesium chloride, liquid 4.4 32% calcium chloride solution (CaCl2) 4.5 Ice Ban° Agency Contact Ship To Phone # Product: Estimated QtY Truck delivery requirement Belton, Mo. Monte Johnson 1201 Street Barn Lane 64012 7a.m. to 3:30 p.m. 816-331-9455 Salt 1,500 tons Hopper bottom or End dump Edwardsville, Ks. Tammy Snyder Public Works 690 5. 4th Street 66113 913-441-3707 ext. 23 Salt 250 tons End dump Jackson County, Mo. Tim Underwood Jackson County Public Works 1201 S.W. Quarry Road. Blue Springs MO 64015 816-847-7062 Salt 4,000 tons End dump Johnson County, Ks. Road & Bridge Wes Root Road & Bridge — Public Works 1800 W. Old 56 Hwy., Olathe, Kan., 66061 913-175-8329 Ice Ban 11,000 gallons N/A Liberty Hospital Nathan Spencer 2525 Glenn Hendren Liberty MO 64068 816-985-8969 Clearlane 250 tons End dump Lee's Summit, Mo. Bruce Taylor or Shawn Graff Public Works Operations 1371 S. E. Hamblen Road 64082 816-969-1870 Salt 5,000 tons End dump Clearlane 500 tons N/A Calcium chloride 4,500 gallons N/A North Kansas City, Mo. Pat Hawver Street Department 1229 Gentry 64116 816-274-6019 Salt 500 tons Hopper bottom or End dump Olathe, Ks. Chad Courtois Street Maintenance 201 W. Harold Street 66061 913-971-6012 Clearlane 250tons N/A Calcium Chloride 15,000 gallons N/A Platte City, Mo. Sharon Anderson Pubiic Works 108 Paxton 64079 816-858-4815 Salt 150 tons End dump Magnesium chloride 2,500 gallons Shawnee, Ks. Jeremy Gerdes Public Works 18690 Johnson Dr. 66218 913-238-2541 Ice Ban 6,600 gallons Truman Medical Center - Lakewood & Downtown Augustin Sylvester Lakewood: 7900 Lee's Summit Rd. Kansas City MO 64139 Downtown: 2301 Holmes St. Kansas City MO 64108 816-404-6951 Salt 375 tons End dump (both locations) 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 . 14of25 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 g Description Unit Total Est. Qty Unit Price Total Price 1 Salt, straight Ton 11,775 - NO BID - NO BID Belto 1500 Edwardsvill = 250 Jackson Coun 4000 Lee's Summi, 5000 North Kansas Ci 500 Platte CI 150 Truman Medical Cent- 375 2 CiearLane• enhanced de-icer, or approved alternate Ton 1,000 NO BID i - NO BID Lee's Summi 500 State brand bidding Liberty Hospita 250 —T32% 0Iath _ 250 cakium chloride solution (CaCia) 4300 gallon minimum pric Gallon 4,500 • 1.160 5220.00 Lee's Summi . 4500 ■ olat _ 15000 4 iIceean"84:16 a•4500gallon minimum pric Gallon 17,600 • 1.365 24,024.00 Johnson County, Ks. Road & Bridg 11000 Sha 6600 5 i(FreezGard Magnesium Chloride liquid CI+ Magnesium Chloride liquid w/Corrosion inhibitor) or approved alternate * Galion # ,. TL 2500 L 4500 1.350 1.235 $ 3,375.00 LTL or $5,557.50 F'T1, Platte Cit 2500 tate brand bidding: FreezGard CI+ TOTAL BID: [ 38,176. 50 4500 gallon minimum truckload for both IceBan and FreezGard CI+; & 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. Do you offer an early payment discount (Le. 2% Net 10) Do you offer an'off shelf' discount for similar products within scope of work? If yes, attach price sheet for other products/services provided. This pricing will not be used in the evaluation process. State maximum percentage participants can order over their estimated tonnage, if applicable: Yes ❑ or No® If yes, state discount 0 %, Net 0 Days Yes ❑ or No© If yes, state discount 0 % not applicable 96 15 of 25 State delivery rate, per mile, for deliveries outside the 50 mile radius: (FOB Destination & inside delivery included in pricing for deliveries within 50 mile radius). Delivery time for pre -season orders (before Nov 15): Delivery time for non -emergency seasonal orders (after Nov 15): Delivery time for emergency orders (after receipt of order): 51-100 $ 5.50 /mile 101-150 $ 5.00 /mile 151-200 $ 4.25 /mile 4 Days (business) 3 Days (business) 2 Days (business) Pick up at bidder's location, after receipt of order: 1 Days (business) State average ton load capacity of bidder's trucks: 23-25Tons 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 cards (i.e. Mastercard, Visa)? Yes or No yes 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 ofLee's Summit Jackson County, 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. 5+ years b. Phil Collins Regional Sales Manager 10+ years c. Michelle Nations Director, Liquid Division 10+ years 16of25 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. n/a b. c. d. e. 5.5 Complete the following for ordering, purchase orders, and remittance contact information: Ordering : Contact Person: Beth Ross Phone No.: Fax No.: 913-851-3500 913-851-3553 Email: bross@scotwoodindustries.com Contact Person: Beth Ross Mailing address for Purchase Orders: Phone No.: 913-851-3500 Fax No.: 913-851-3553 Address: 12980 Metcalf Ave, Ste 240 Qty, state, zip Overland Park, KS 66213 Mailing address for Payments: Contact Person: 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(d scotwoodindustries.com 17 of 25 5.6 BIDDER'S CHECKLIST: IMPORTANT - DO NOT FAX BID OR ANY ADDENDUMS 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.org/kcrpc/ or www.demandstar.com 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 By: Scotwood Industries, Inc. 913-851-3500 Bidder's (Company) Name Phone No 913-851-3553 Signature of Authorized Agent Fax No Michelle Nations; Director, Liquid Division Title May 23, 2019 Date 12980 Metcalf Ave, Ste 240 biddeskCI 'cotwoodindustries.com Address E-Mail Address Overland Park, KS 66213 City/State/Zip 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 pars 3.1.14 09/16/04 para 3.7.1 `c', 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 Added Debarment and Suspension Certification Form 12/05/08 Adaed Missouri Sunshine Law para 04/17/19 para 3.23 laws governing 48-0902272 Tex 18of25 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; 1. That I am the Liquid Division Director(Title of Affiaat) 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 contractservices. Scotwood Industries, Inc. (Name of Bidder) By:(Signature of Affiant) ji4L1i ons Liquid Division Director (Title of Affiant) Subscribed and sworn to)efore me thisd`"ay of - „c ,201 NOTARY PUBLIC in and for the County of cJr..) A/7J 0,1 (SEAL) State of My Commission Expires: 4` a' NOTARY PUBLIC STATE OF KANSAS GENA E. BEAL My Appointment Expires:r ? Z 19 of 25 JACKSON COUNTY, MISSOURI COMPLIANCE REVIEW FORM Report Date: May 23, 2019 (All reports expire annually on December 31,0 DIRECTIONS FOR COMPLETION: Please fill out form completely. If a question 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 (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 12n, Street - 2,,d Floor Kansas City, Missouri 64106 EMAIL: cro@jacksongov.org FAX: (816) 881-1223 1. COMPANY DESCRIPTION: Name of Company Scottvood Industries, Inc. Street Address 12980 Metcalf Ave, Ste 240 City Overland P r State KS Zip Email Address: bi desk(scotwoodindustries.com Website Address: www.scotwoodindustries.com 66213 Area Code 913 Telephone Number 851-3500 Representative Name Sarah Puieo 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 N/A 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 N/A 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 concems 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. Visual check X 3. Other (specify) This Compliance Review Form was prepared and submitted by: J4't- Signj4&LJL 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. 21of25 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 State in which incorporated: ( Kansas FOR OTHERS: l State of domicile: FOR ALL BIDDERS: List address of Missouri offices or places of business: n/a THIS SECTION MUST BE COMPLETED, SIGNED AND SUBMITTED WITH BID: COMPANY/FIRM NAME: ADDRESS: CITY, STATE, ZIP: Scotwood Industries, Inc. 12980 Metcalf Ave, Ste 240 Overland Park, KS 66213 BY (SIGNATURE): BY (PRINT NAME): FEDERAL TAX I.D. NUMBER, or use Social Security number: Michelle Nations; Director, Liquids Division 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 ) SS. COUNTY OF Kansas Michelle Nations (Name of Individual) of the City of Overland Park County of Johnson being duly sworn on her or his oath, deposes and says; 1. That I am the Director of Liquid Division State of Kansas (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. (SEAL) By: Scotwood Industries, Inc. /Lek& Al4it Michelle Nations (Firm Name) (Signature) (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: biddesl scotwoodindustries.com Subscribed and sworn to before me thi l-/lday of C , refits: 020 1? My commission expires: NOTARY PUBLIC in and for the County of A,A.fOi] State of atr),SQl NOTARY PUBLIC STATE OF KANSAS 61rNA E. BEAL My Appointment Expires: -'� 24 of 25 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 acts, 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: ALlu,lit,t(fi Name (Printed): Michelle Nations Title: Director, Liquids Division Date: May 24, 2019 25 of 25 IML IMP IMP TETRA Issuing Date 10-Dec-2014 Revision Date 10-Dec-2014 SAFETY DATA SHEET Revision Number 0 1. IDENTIFICATION OF THE SUBSTANCE/PREPARATION AND THE COMPANY/UNDERTAKING GHS product identifier Product Name Other means of identification Synonyms Calcium Chloride Solution Liquid Calcium Chloride, Food Grade Liquid Calcium Chloride, Road MasterTM, 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 Number CHEMTREC 1-800-424-9300 for US/ 703-527-3887 outside US 2. HAZARDS IDENTIFICATION Classification Serious Eye Damage/Eye Irritation Category 2 GHS Label elements, including precautionary statements Emergency Overview Signal Word Hazard Statements • May be harmful if swallowed • Causes serious eye irritation Warning Page 1 / 7 Eye WPS-TET-012 - Calcium Chloride Solution Precautionary Statements Prevention • Wash face, hands and any exposed skin thoroughly after handling. • Wear eye/face protection. General Advice • None Revision Date 10-Dec-2014 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, SuperSet1' 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 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. Contact Skin Contact Inhalation Ingestion Wash off immediately with soap and plenty of water removing all contaminated clothes and shoes. If symptoms persist, call a physician. Move to fresh air in case of accidental inhalation of vapors. Remove from exposure, lie down. If symptoms persist, call a physician. 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 Sensitivity to Static Discharge None. 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 Incompatible Products Keep container tightly closed in a dry and well -ventilated place. Keep in properly labeled containers. 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 10043-52-4 ACGIH - (TLV-TWA) Guidelne for nuisance particulate (inhalable particulate): 10 mg/m3 OSHA (PEL-TWA) - Z-3 Mineral Dusts, Inert or Nuisance dusts, (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 Skin and Body Protection Respiratory Protection Hygiene Measures 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. 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 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. Handle in accordance with good industrial hygiene and safety practice. 9. PHYSICAL AND CHEMICAL PROPERTIES Information on basic physical and chemical properties Physical State Odor Property pH Melting Point/Range Boiling Point/Boiling Range Flash Point Evaporation rate Flammability (solid, gas) Flammability Limits in Air upper flammability limit lower flammability limit Vapor Pressure Vapor Density Specific Gravity Water Solubility Solubility in other solvents Partition coefficient: n-octanol/waterNot determined Liquid Odorless Autoignition Temperature Decomposition Temperature Viscosity Flammable Properties Explosive Properties Oxidizing Properties Other information VOC Content (%) Values 3.8 - 9.0 Not determined 118 °C / 244 °F Not applicable. No data available No data available Appearance Odor Threshold No data available No data available No data available No data available 1.376 @ 25 C (77 F) for 38% solution Completely soluble No data available No data available No data available Not applicable Not flammable No data available No data available Not applicable. Colorless to amber No information available Remarks/ - Method None known None known for 38% liquid solution None known None known None known None known None known None known None known None known None known None known None known None known 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 Eye Contact Skin Contact Ingestion May cause irritation. Irritating to eyes. Slightly toxic by dermal absorption 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 STOT - single exposure STOT - repeated exposure Aspiration Hazard No information available No information available. No information available. 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 Microorganisms Daphnia Magna (Water Flea) Calcium Chloride 10043-52-4 LC50 96 h: = 10650 mg/L static (Lepomis macrochirus) LC50 48 h: = 2400 mg/L (Daphnia magna) Persistence and Degradability Bioaccumulation Other Adverse Effects No information available. No information available. No information available. 13. DISPOSAL CONSIDERATIONS Waste Disposal Methods Contaminated Packaging 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. 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 HMIS Prepared By Issuing Date Revision Date Revision Note Health Hazard 1 Flammability 0 Health Hazard 1 Flammability 0 Product Stewardship 23 British American Blvd. Latham, NY 12110 1-800-572-6501 10-Dec-2014 10-Dec-2014 Initial Release. Instability 0 Physical Hazard 0 Physical and Chemical Hazards - Personal Protection X 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 EarthFriendlyChemicals p 9 t i- 1 SAFETY DATA SHEET - 01.01.15 SECTION 1 - IDENTIFICATION Product name: Ice Ban® 305 Company: Earth Friendly Chemicals, Inc. 2585 Horse Pasture Road, Suite 201 Virginia Beach, VA 23453 (800) 753-1548 SECTION 2 - HAZARD(S) IDENTIFICATION Eyes: May cause irritation and may injure eye tissue if not removed. Skin: Prolonged or repeated contact may cause irritation. Breathing: Vapors may be irritating to the respiratory system and nasal passage. Swallowing: Large does may cause gastrointestinal discomfort. SECTION 3 - COMPOSITION / INFORMATION ON INGREDIENTS OSHA ACGIH Component % Como. EEL D( Ice Ban 305' Concentrate 10% - 20% None None MgCL2 (30% - 31 % Solution) 80% - 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 of water; use soap if available. Inhalation: Remove to fresh air. If respiratory symptoms develop, consult medical personnel. Ingestion: If gastrointestinal irritation develops, consult medical personnel. SECTION 5 - FIRE FIGHTING MEASURES Flash point: None Flammable Limits: Foam or carbon dioxide or dry chemical. Auto -ignition temperature: 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: No special procedures required Precautionary Statement: None NFPA Hazard Code: Health = 0 Flammability = 0 Reactivity = 0 2585 Horse Pasture Road, Suite 201 • Virginia Beach, VA 23453 Phone: 800.753.1548 • Fax: 757.802.9531 Page 1 of 3 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: Ventilation: Protective Gloves: Eye Protection: Clothing: If high vapor or mists concentrate, use of a respirator is recommended. Use local exhaust to control mists. Impervious gloves are recommended. Safety glasses with side shields or chemical goggles if mist is present. Appropriate clothing to prevent skin contact with this substance. SECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES Appearance / Odor: Physical Description: pH: Boiling Point: Melting Point: Clear w/Slight odor Liquid 7.0 — 8.0 240°F Not noted SECTION 10 - STABILITY AND REACTIVITY H2O Solubility: Evaporation Rate: Pure Material / Mixture: Specific Gravity: Volatile Organic Compounds: Hazardous Polymerization: Stability: Incompatibility: Will not occur Stable Not reactive Hazardous Decomposition: Conditions to avoid: SECTION 11 - TOXICOLOGICAL INFORMATION Complete Slower than water Mixture 1.0 — 1.25 N/A Hydrogen Chloride byproduct when heated to >572°F None 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 Compass minerals SAFETY DATA SHEET 1. Product and Company Identification Product identifier Magnesium Chloride Aqueous Solution Other means of identification 7786-30-3 FREEZGARD LITE CI PLUS FREEZGARD ZERO CI PLUS FREEZGARD LITE CI 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 Health hazards Environmental hazards OSHA defined hazards Not classified. Not classified. Not classified. 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. #15618 Page: 1 of 6 Issue date 16-January-2015 Most important symptoms/effects, acute and delayed Indication of immediate medical attention and special treatment needed General information Direct contact with eyes may cause temporary irritation. Treat symptomatically. Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. 5. Fire Fighting Measures Suitable extinguishing media Unsuitable extinguishing media Specific hazards arising from the chemical Special protective equipment and precautions for firefighters Fire -fighting equipment/instructions Specific methods General fire hazards Hazardous combustion products Explosion data Sensitivity to mechanical impact Sensitivity to static discharge Treat for surrounding material. None known. During fire, gases hazardous to health may be formed. Self-contained breathing apparatus and full protective clothing must be wom in case of fire. Use standard firefighting procedures and consider the hazards of other involved materials. Cool containers exposed to flames with water until well after the fire is out. No unusual fire or explosion hazards noted. May include and are not limited to: Hydrogen chloride. Chlorine gas. Oxides of magnesium. Not available. Not available. 6. Accidental Release Measures Personal precautions, protective equipment and emergency procedures Methods and materials for containment and cleaning up Environmental precautions Keep unnecessary personnel away. For personal protection, see section 8 of the SDS. Before attempting clean up, refer to hazard data given above. Small spills may be absorbed with 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. Avoid discharge into drains, water courses or onto the ground. 7. Handling and Storage Precautions for safe handling Conditions for safe storage, including any incompatibilities Avoid contact with eyes, skin and clothing. Use good industrial hygiene practices in handling this material. Keep container tightly closed in a cool, dry and well -ventilated place. Store away from incompatible materials (see Section 10 of the SDS). 8. Exposure Controls/Personal Protection Occupational exposure limits Biological limit values Appropriate engineering controls No exposure limits noted for ingredient(s). No biological exposure limits noted for the ingredient(s). TWA PEL: No specific limits have been established for magnesium chloride (a soluble 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 airbome 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 Odorless 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 Pour point Specific gravity Partition coefficient (n-octanol/water) Flash point Evaporation rate Flammability (solid, gas) 225 °F (107.22 °C) Not available. 1.24 - 1.34 (H2O = 1) Not available. Not available. Not available. Not applicable. Upper/lower flammability or explosive limits Flammability limit - lower Not available. (%) 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 reactions Chemical stability Conditions to avoid Incompatible materials Hazardous decomposition products No dangerous reaction known under conditions of normal use. Material is stable under normal conditions. Contact with incompatible materials. Acids. Strong oxidizing agents. Metals. May include and are not limited to: Hydrogen chloride. Chlorine gas. Oxides of magnesium. 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 Skin contact Eye contact Symptoms related to the physical, chemical and toxicological characteristics Information on toxicological effects Acute toxicity Skin corrosion/irritation Exposure minutes Erythema value Oedema value Serious eye damage/eye irritation Corneal opacity value Iris lesion value Conjunctival reddening value Conjunctival oedema value Not available. Recover days Not available. Respiratory or skin sensitization Respiratory sensitization Skin sensitization Germ cell mutagenicity No adverse effects due to inhalation are expected. No adverse effects due to skin contact are expected. Direct contact with eyes may cause temporary irritation. Direct contact with eyes may cause temporary irritation. Mutagenicity Carcinogenicity Reproductive toxicity Teratogenicity Specific target organ toxicity - single exposure Specific target organ toxicity - repeated exposure Aspiration hazard Chronic effects Further information Name of Toxicologically Synergistic Products Not classified. Prolonged skin contact may cause temporary irritation. Not available. Not available. Not available. Direct contact with eyes may cause temporary irritation. Not available. Not available. Not available. Not classified. This product is not expected to cause skin sensitization. No data available to indicate product or any components present at greater than 0.1 % are mutagenic or genotoxic. No data available to indicate product or any components present at greater than 0.1 % are mutagenic or genotoxic. This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA. This product is not expected to cause reproductive or developmental effects. Not classified. Not classified. Not classified. Not classified. Not classified. This product has no known adverse effect on human health. Not available. 12. Ecological Information Ecotoxicity Persistence and degradability Bioaccumulative potential Mobility in soil Mobility in general Other adverse effects May be harmful to freshwater aquatic species and to plants that are not saline tolerant. No data is available on the degradability of this product. No data available. No data available. Not available. 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 Local disposal regulations Hazardous waste code Waste from residues / unused products Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose in accordance with all applicable regulations. The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Dispose of in accordance with local regulations. Empty containers or liners may retain some 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 Califomia 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 goveming country(s) #15618 Page: 5 of 6 Issue date 16-January-2015 16. Other Information LEGEND Severe 4 Serious 3 Moderate 2 Slight 1 Minimal 0 Disclaimer Issue date Effective date Expiry date Further information Prepared by Other information 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. 16-January-2015 15-January-2015 15-January-2018 For an updated SDS, please contact the supplier/manufacturer listed on the first page of the document. Dell Tech Laboratories, Ltd. Phone: (519) 858-5021 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 Z400.1/Z129.1-2010 Standard. #15618 Page: 6 of 6 Issue date 16-January-2015