May 19, 2026, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
May 19, 2026
Honorable Mayor and Members of the City Co~~il
Eric Heidemann, Director of Public Works '1, X'
Carlos Cortes, Utilities Administrator
(858) 668-4703 or [email protected] ~
CITY COUNCIL
Award of Contracts for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant; Bid No. 26-011
A request for bids (RFB) for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant (WTP), Bid No. 26-011, was duly advertised on March 5, and March 12, 2026. RFB specifications allowed the City to award one or more of each chemical bid to the same vendor or separate vendors and to reject any or all bids or all items. Bids were opened on April 2, 2026, with eleven (11) vendors submitting proposals. Following evaluation, six (6) vendors were identified as the lowest responsive and responsible bidders for the seven (7) chemicals specified in the solicitation. Bids received for three (3) chemicals, Liquid Chlorine, Sodium Hydroxide UCI Jones Chemicals, Inc.) and Liquid Aluminum (Univar Solutions USA, Inc.) exceed the City Manager's authority amount and therefore require City Council approval. The length of each Contract shall be one (1) year beginning July 1, 2026, through June 30, 2027. The Contracts may be extended through a total of four (4) separate one-year terms. All other chemical bids received for the WTP are within the City Manager's approval authority amounts.
Recommended Action:
It is recommended the City Council award the Contracts for the Annual Supply of Chemicals for the Lester J. Berglund Water Treatment Plant, Bid No. 26-011, to the two (2) lowest responsive bidders JCI Jones Chemicals, Inc. (Liquid Chlorine & Sodium Hydroxide) in the amount of $352,500 and Univar Solutions USA, Inc. (Liquid Aluminum) in the amount of $144,530, and authorize the City Manager to execute the necessary documents.
Discussion:
The City of Poway operates and maintains a public drinking water system. Raw water is purchased from the San Diego County Water Authority and treated at the City-owned and operated Lester J.
Berglund Water Treatment Plant, then distributed to Poway homes and businesses. Within the WTP, all water is treated and disinfected utilizing chemicals in accordance with standards set by state and federal regulations and the American Water Works Association. Staff receive delivery of approximately 500 tons of chemicals annually.
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May 19, 2026, Item #3
In accordance with the City's purchasing policy, staff solicited bids for the provision of chemicals, which includes delivery of the chemicals. Twelve (12) sealed bids were opened on April 2, 2026 from eleven (11) vendors. The lowest responsive bidders for three (3) of the chemicals specified in the bid are summarized in the table below, subject to Council approval.
BIDDER CHEMICAL BID UNIT BID BID TOTAL
JCI Jones Chemicals, Inc. Liquid Chlorine $2,550.00/ton x 80 $204,000.00 JCI Jones Chemicals, Inc. Sodium Hydroxide $990.00/ton x150 $148,500.00 Univar Solutions USA, Inc. Liquid Aluminum $745.00/ton x 194 $144,530.00 The length of the initial Sale and Purchase of Goods and Materials Contract shall be for one (1) year beginning July 1, 2026, through June 30, 2027. The Contract may be extended subject to City Council amendment approval through a total of four (4) separate one-year terms. The maximum length of the Contract would be up to five (5) years.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are budgeted in the proposed Fiscal Year (FY) 2026-27 Water Supply, Treatment, and Storage, Chemicals account (402060-45200). Award of Contracts are contingent upon adoption of the proposed FY 2026-27 budget.
Public Notification:
None.
Attachments:
A. Contract -JCI Jones Chemicals, Inc.
B. Contract -Univar Solutions USA Inc.
RcKe:-
Tracy Stevens
Assistant City Manager
2 of30
Reviewed By:
Alan Fenstermacher
City Attorney
App~
~
Chris Hazeltine
City Manager
May 19, 2026, Item #3
CITY OF POWAY
CONTRACT FOR THE
SALE AND PURCHASE OF GOODS AND MATERIALS
This CONTRACT, entered into this 1st day of July, 2026, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and JCI JONES CHEMICALS, INC., a California corporation, (hereinafter referred to as "Seller").
1. Sale and Purchase.
Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 5, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule.
The initial length of the City of Poway contract will be one (1) year, beginning July 1, 2026, and ending on June 30, 2027. This contract may be extended for up to four (4) additional one-year periods upon approval in writing of the City Manager and Seller.
Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price for each contract extension based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. Price to include any State or Federal fees, e.g. CA Mill assessment fee.
4. Payment.
The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller.
5. Delivery.
The goods identified in the Bid Schedule will be delivered in accordance with the Bid Specifications.
3 of30 ATTACHMENT A
May 19, 2026, Item #3
6. Supply and Output Capability of Seller.
If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages.
7. Claims.
The shipment will be FOB Poway, CA at the address set forth in Section 5 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extent of damage. Concealed damage must be reported to the carrier within 15 days of delivery.
8. Assignment and Delegation: Successors.
Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void.
All terms, conditions and provisions of this Contract, the Seller's Bid, and the Poway RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators.
9. Indemnification.
Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. 4of30
May 19, 2026, Item #3
If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Contract.
The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions.
The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.
10. Seller's Insurance.
The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows:
• Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles:
$1,000,000 Combined Single Limit coverage;
• Workers' Compensation insurance: Per the statutory amount.
Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City.
Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents.
The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract.
All bonds and all insurance shall meet the following standards. The issuing company:
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May 19, 2026, Item #3
a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and
b. Shall have a rating in the latest Best's Rating Guide of "A-"or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.
In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation (See City Council Resolution 90-082).
11. Integration.
The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail.
12. Applicable Law.
The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Contract shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Contract, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party.
[Remainder of Page Left Blank Intentionally]
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May 19, 2026, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Contract on the date first above written.
CITY OF POWAY
By:-------------
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Alan Fenstermacher, City Attorney
7 of30
JCI JONES CHEMICALS, INC.
By: ___________ _
Cris Blomgren, Office Manager/Sales
Manager
May 19, 2026, Item #3
EXHIBIT
A
BID
SCHEDULE
ANNUAL
SUPPLY
OF
CHEMICALS
FOR
THE
LESTER
J.
BERGLUND
WATER
TREATMENT
PLANT
CHEMICAL
DESCRIPTION
UNIT
UNIT
PRICE
NOT
TO
EXCEED
Liquid
Chlorine~
99.5%
Ton
$2,550.00
$204,000.00
25%/50%
Sodium
Hydroxide
Ton
$990.00
$148,500.00
(Caustic
Soda)
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May 19, 2026, Item #3
PROPOSAL TO THE CITY OF POWAY, CALIFORNIA
Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply:
ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER
TREATMENT PLANT
Bid No. 26-011
in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein.
Firm Name:
By: (signature)
Name and Title:
(Please print)
Address:
Telephone:
Fax:
Email Address:
JCI_Jon~ q'hemicals Inc.
1401 Del Amo Blvd.
Torrance, CA 90501
310-523-1629
310-523-2944
[email protected] I [email protected]
Company State of California Business Registration Number: __ C_1_8_5_7_3_3_1 ____ _ Please use https://businesssearch.sos.ca.gov/
[Remainder of Page Left Blank Intentionally]
19 9 of30
May 19, 2026, Item #3
BID
SCHEDULE
CITY
OF
POWAY
ANNUAL
SUPPLY
OF
CHEMICALS
FOR
THE
LESTER
J.
BERGLUND
WATER
TREATMENT
PLANT
Bid
No.
26-011
To
be
completed
by
bidder.
If
bidding
more
than
one
chemical,
please
make
additional
copies
of
pages
20-22
as
the
bid
requires
one
sheet
per
each
chemical
being
bid.
Please
indicate
NO
BID
In
table
below
for
chemicals
that
are
not included
in
your
bid
by
placing
an
X
in
the
column
on
the
right.
(Include
chemical
analysis
of
each
product
being
bid).The
City
reserves
the
right
to
award
chemicals
to
separate
vendors
.
•
TABLE1:PRODUCT
ESTIMATED
NO
ITEM
DESCRIPTION
ANNUAL
UNIT
UNIT
PRICE
ANNUAL
BID
NO.
(1-YEAR)
(1-YEAR)
QUANTITY
TOTAL
1. Liquid
Chlorine
2:
80 204,000.00
99.5% 25%
and/or
50%
$
Please
see
sfparate
bid
for
2. Sodium
Hydroxide
150
TON
d
tons
3. 20%
Aqua
Ammonia
20 ,000
GAL
$
$
20%
Liquid
4. Permanganate
2,200
GAL
$
$
8 Totes
275
Gal
5 Alum
8.0%
Al2O3
194
TON
$
$
(dry
tons)
6. *Cationic
Organic
30 TON
$
$
Coagulant
Aid
Ammonium
Calcium
7. Nitrite
Double
Salt
5,500
GAL
$
$
Bioxide
* Firm
through
6/30
/27
then
sub
ject
to
change
upon
30 days
wr
itten
notice
.
Please
note:
All
costs
for
delivery
are
to
be
borne
by
the
bidder.
*For
bidders
of
Cationic
Organic
Coagulant
an
approximate
500
ml
sample
of
your
product
is
due
by
03/17/2026
for
the
City
to
perform
their
own
jar
bell
test
on
your
product.
Submit
it
to
14467
Lake
Poway
Rd,
Poway,
CA
92064
and
label
it
with
the
Bid
No.
26-011.
[Remainder
of
Page
Left
Blank
Intentionally]
20 10
of
30 (X) X X X X X
May 19, 2026, Item #3
LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES:$ 204,000.00 LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___________ _ Two Hundred Four Thousand DOLLARS and Zero CENTS ----------------------- SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES:$ Please see separate bid form.
SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: Please see separate bid form. ____________ DOLLARS and ____________ CENTS
AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___________ _ ____________ DOLLARS and ____________ CENTS
LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 ______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ ______________ DOLLARS and _________ CENTS
ALUM TOTAL AMOUNT OF BID IN FIGURES: $ __ 0 _____________ _ ALUM TOTAL AMOUNT OF BID IN WORDS: _______________ _
______________ DOLLARS and _________ CENTS
CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES: $_0 _______ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: _________ _ ______________ DOLLARS and _________ CENTS
BIO XI DE TOTAL AMOUNT OF BID IN FIGURES: $ __ O _____ _ BIOXIDE TOTAL AMOUNT OF BID IN WORDS: ______________ _
_______ DOLLARS and _________ CENTS
TABLE 1 TOTAL BID IN FIGURES:$ 204,000.00 ·------------------- TABLE 1 TOTAL BID IN WORDS: __________________ _
Two Hundred Four Thousand DOLLARS and Zero CENTS
------------
21 11 of 30
May 19, 2026, Item #3
BIDDER'S TITLE: Office l')(lancjtger
SIGNATURE, (!. If
~1/
DATE: __ M_a_r_ch_3_1,_2_0_2_6 __ _
[Remainder of Page Left Blank Intentionally]
22 12 of30
May 19, 2026, Item #3
BID SCHEDULE
CITY OF POWAY
ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER
TREATMENT PLANT
Bid No. 26-011
To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20-22 as the bid requires one sheet per each chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. {Include chemical analysis of each product being bid).The City reserves the right to award chemicals to separate vendors.
TABLE 1: PRODUCT
ESTIMATED NO
ITEM DESCRIPTION ANNUAL UNIT UNIT PRICE ANNUAL BID
NO. (1-YEAR) (1-YEAR) (X)
QUANTITY TOTAL
1. Liquid Chlorine<! 80 TON 99.5%
25% and/or 50%
2. Sodium Hydroxide 150 TON $ 990.00 $ 148,500.00
dr tons Tax exem t
3. 20% Aqua Ammonia 20,000 GAL $ $ X
20% Liquid
4. Permanganate 2,200 GAL $ $ X 8 Totes 275 Gal
5 Alum 8.0% Al2O3 194 TON $ $ X (dry tons)
6. *Cationic Organic 30 TON $ $ X Coagulant Aid
Ammonium Calcium
7. Nitrite Double Salt 5,500
(Bioxide
GAL $ $ X
Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 03/17/2026 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 26-011.
[Remainder of Page Left Blank Intentionally]
20 13 of 30
May 19, 2026, Item #3
LIQUID
CHLORINE
TOTAL
AMOUNT
OF
BID
IN
FIGURES
:$
Please
see
separate
bid form
.
LIQUID
CHLORINE
TOTAL
AMOUNT
OF
BID
IN
WORDS:
__
P_le_as_e_s_e_e_s_ep_a_ra_te_bi_d_fo_rm_
. _
________________
DOLLARS
and
_______
CENTS
SODIUM
HYDROXIDE
TOTAL
AMOUNT
OF
BID
IN
FIGURES
:$
148,500.00
SODIUM
HYDROXIDE
TOTAL
AMOUNT
OF
BID
IN
WORDS
: __________
_
One
Hundred
Forty-Eight
Thousand
Five
Hundred
DOLLARS
and
Zero
CENTS
------------
AQUA
AMMONIA
TOTAL
AMOUNT
OF
BID
IN
FIGURES
: $ __
0 ________
_
AQUA
AMMONIA
TOTAL
AMOUNT
OF
BID
IN
WORDS
: ___________
_
____________
DOLLARS
and
____________
CENTS
LIQUID
PERMANGANATE
TOTAL
AMOUNT
OF
BID
IN
FIGURES
: $ __
O _____
_
LIQUID
PERMANGANATE
TOTAL
AMOUNT
OF
BID
IN
WORDS
: ________
_
______________
DOLLARSand
_________
CENTS
ALUM
TOTAL
AMOUNT
OF
BID
IN
FIGURES
: $ __
O ____________
_
ALUM
TOTAL
AMOUNT
OF
BID
IN
WORDS
: _______________
_
______________
DOLLARS
and
_________
CENTS
CATIONIC
COAGULANT
TOTAL
AMOUNT
OF
BID
IN
FIGURES
: $ __
0 ______
_
CATIONIC
COAGULANT
TOTAL
AMOUNT
OF
BID
IN
WORDS:
_________
_
______________
DOLLARS
and
_________
CENTS
BIOXIDE
TOTAL
AMOUNT
OF
BID
IN
FIGURES
: $ __
0 _____
_
BIOXIDE
TOTAL
AMOUNT
OF
BID
IN
WORDS
: ______________
_
_______
DOLLARS
and
_________
CENTS
TABLE
1 TOTAL
BID
IN
FIGURES:$
148,500.00
---=------------------
TABLE
1 TOTAL
BID
IN
WORDS
: __________________
_
One
Hundred
Forty-Eight
Thousand
Five
Hundred
DOLLARS
and
Zero
CENTS
------------
21 14
of
30 May 19, 2026, Item #3
SIGNATURE:
BIDDER'S TITLE: __ O_ff_ic_e--+:fy1'-a+~-a_ge_r _________________ _ _ _____:_i_.----!-,A/l-1-1~1-/ _______ DATE: March 31, 2026 ~r
[Remainder of Page Left Blank Intentionally]
22 15 of30
May 19, 2026, Item #3
PRICES
SHALL
BE
FIRM
FROM
DATE
OF
AWARD
OF
BID
THRU
JUNE
30,
2028
***************************************rllc*'lrlr*******'lrlr********************************************** DEPOSIT POLICY:
(Show
Item
for
Reference)
No
Deposits
DEMURRAGE
POLICY:
(Show
Item
for
Reference)
Demurrage
of
$85
.00
per
hour
is
applied
for
any
time
on
site
beyond
the
two
(2)
hours
allowed
for
delivery.
******************************************************************-Irk******************************* Please print
except
where
signature
is
required.
COMPANY
NAME:
JCI
Jones
Chemicals
Inc.
MAIL
ADDRESS:
1401
Del
Amo
Blvd.
CITY/STATE/ZIP:
Torrance,
CA
90501
BILLING/REMIT
ADDRESS:
JCI
Jones
Chemicals
Inc
.
CITY
/STATE/ZIP:
Bank
OZK,
8300
Douglas
Ave,
Suite
810,
Dallas,
TX
75225
TELEPHONE/FAX:
310-523-1629
310-523-2944
___________
/ _________
_
ACCOUNT
REPRESENTATIVE:
_C_ri_s_B_lo_m....:g=-re_n
___________
_
EMAIL
ADDRESS:
[email protected]
/ [email protected]
AUTHORIZED
SIGNATURE:
NAME:
e. (~(
Cris
Blo
l
ren
TITLE:
Office
Manager
EMAIL
ADDRESS:
cblomgren@jcichem
.com
I [email protected]
23 16
of
30 May 19, 2026, Item #3
NON-COLLUSION AFFIDAVIT
To the City Council, City of Poway, California:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says:
That bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding regarding the contract, for:
CITY OF POWAY
ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER
TREATMENT PLANT
1401 Del Amo Blvd.
Torrance, CA 90501
Business Address
BID No. 26-011
JCI Jones Chemicals Inc.
Company Name
Cris Blo~Jren
Name of B' der
JA
Signatur
Subscribed and sworn before me this ___ day of _________ , 2026 at ________________ , CA.
Notary Public in and for the County of ____ -----"
State of California.
My Commission Expires ____________________ _
(This affidavit shall be executed by the successful bidder in accordance with instructions in the Federal Requirements, but bidder may execute the affidavit on this page at the time of submitting bid.)
24 17 of30
May 19, 2026, Item #3
JURAT
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; ~--------------; ; t
♦ A notary public or other officer completing this ♦
: certificate ve1ifies only the identity of the individual :
; who signed the document to which this certificate is ; ♦ attached, and not the truthfulness, accuracy, or ♦
: validity of that document. :
;~-------------~ ; ; ;
♦ State of California ♦
; } ; ♦ ) t A \ ~ t SS. ♦ ; County of co✓ ,AV\6 e. 'D ; ; ~~ ;
: Subscribed and sworn to (or affirmed) before me on this 1 1 day of fv'iav-( \-i , 2ol_L, by :
; . • Q • ~ "'' ~ Q\O"""'i',JJ '" d b • f • f' ~ ,. ____ ..J __ ~~~l_,._t;'J_ -c:._v_ , __________ , prove to me on the as1s o sat1s ·actory evidence .,, ; .
: to be the person(s) who appeared before me. :
; ; ; ~ ..... ~.-..~~ .... -r •
♦ JOHN W, RODRIGUEZ
; Notary·PVblic • California ""
Los Angeles County ~ 1'
; Commission# 2523766 -__,..:=;..__ ;
♦ •• My Comm. Expires Jun 19, 2029 _:::::::=~~__::___::_ _ _:_ __ .::::::::_=---__ _)_____ ; . ; . ;
. ---; • PLACENOTARYSEALINABOYESPACE •
: --------OPTIONAL INFORMATION---------:
; The information below is optional. However, it may prove valuable and could prevent fraudulent attachment ; ♦ of this form to an unauthorized document. ;
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May 19, 2026, Item #3
CITY OF POWAY
CONTRACT FOR THE
SALE AND PURCHASE OF GOODS AND MATERIALS
This Contract, entered into this 1st day of July, 2026, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and Univar Solutions USA, LCC, a New York State Corporation, (hereinafter referred to as "Seller").
1. Sale and Purchase.
Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 5, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule.
The initial length of the City of Poway contract will be one (1) year, beginning July 1, 2026, and ending on June 30, 2027. This contract may be extended for up to four (4) additional one-year periods upon approval in writing of the City Manager and Seller.
Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price for each contract extension based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. Price to include any State or Federal fees, e.g. CA Mill assessment fee.
4. Payment.
The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller.
5. Delivery.
The goods identified in the Bid Schedule will be delivered in accordance with the Bid Specifications.
19 of30 ATTACHMENT B
May 19, 2026, Item #3
6. Supply and Output Capability of Seller.
If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages.
7. Claims.
The shipment will be FOB Poway, CA at the address set forth in Section 5 above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extent of damage. Concealed damage must be reported to the carrier within 15 days of delivery.
8. Assignment and Delegation; Successors.
Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void.
All terms, conditions and provisions of this Contract, the Seller's Bid, and the Poway RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators.
9. Indemnification.
Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings.
If any action or proceeding is brought against lndemnitees by reason of any 20 of 30
May 19, 2026, Item #3
of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Contract.
The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions.
The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.
10. Seller's Insurance.
The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows:
• Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles:
$1,000,000 Combined Single Limit coverage;
• Workers' Compensation insurance: Per the statutory amount.
Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City.
Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents.
The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract.
All bonds and all insurance shall meet the following standards. The issuing company:
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May 19, 2026, Item #3
a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and
b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.
In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation (See City Council Resolution 90-082).
11. Integration.
The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail.
12. Applicable Law.
The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Contract shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Contract, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party.
[Remainder of Page Left Blank Intentionally]
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May 19, 2026, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Contract on the date first above written.
CITY OF POWAY
By:-------------
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Alan Fenstermacher, City Attorney
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UNIVAR SOLUTIONS USA, LLC.
By:------------
Jennifer M. Perras, Sr. Municipal Bid
Specialist
May 19, 2026, Item #3
EXHIBIT
A
BID
SCHEDULE
ANNUAL
SUPPLY
OF
CHEMICALS
FOR
THE
LESTER
J.
BERGLUND
WATER
TREATMENT
PLANT
CHEMICAL
DESCRIPTION
UNIT
UNIT
PRICE
NOT
TO
EXCEED
Aluminum
Sulfate
8.0%
Al2O3
TON
$745.00
$144,530.00
(dry
tons)
24 of
30 May 19, 2026, Item #3
PROPOSAL TO THE CITY OF POWAY, CALIFORNIA
Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply:
ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER
TREATMENT PLANT
Bid No. 26-011
in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein.
Firm Name:
By: (signature)
Name and Title:
(Please print)
Address:
Telephone:
Fax:
Univar Solutions USA, LLC.
~d;?
Jennifer M. Perras, Sr. Municipal Bid Specialist
Muni Team-8201 S 212th St., Kent, WA 98032
Branch-2600 S Garfield Ave., Commerce, CA 90040
Muni-253-872-5040, Branch 800-201-4439
323-837-7100
Email Address: Muni-munjteam-west@unjvarsolutioos com [email protected] Company State of California Business Registration Number: PW-LR-1001163034 Please use https://businesssearch.sos.ca.gov/
[Remainder of Page Left Blank Intentionally]
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May 19, 2026, Item #3
BID SCHEDULE
CITY OF POWAY
ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER
TREATMENT PLANT
Bid No. 26-011
To be completed by bidder. If bidding more than one chemical, please make additional copies of pages 20-22 as the bid requires one sheet per each chemical being bid. Please indicate NO BID In table below for chemicals that are not included in your bid by placing an X in the column on the right. (Include chemical analysis of each product being bid).The City reserves the right to award chemicals to separate vendors.
ESTIMATED NO
ITEM DESCRIPTION ANNUAL UNIT UNIT PRICE ANNUAL BID
NO. (1-YEAR) (1-YEAR)
QUANTITY TOTAL
1. Liquid Chlorine;:: 80 TON $ $ 99.5%
25% and/or 50%
2. Sodium Hydroxide 150 TON $ $
d tons
3. 20,000 GAL $ $
20% Liquid
4. Permanganate 2,200 GAL $ $
8 Totes 275 Gal
5 Alum 8.0% Al2O3 194 TON $ 745.00 $144,530.00
(dry tons)
6. *Cationic Organic 30 TON $ $ Coagulant Aid
Ammonium Calcium
7. Nitrite Double Salt 5,500 GAL $ $
Bioxide
Please note: All costs for delivery are to be borne by the bidder. *For bidders of Cationic Organic Coagulant an approximate 500 ml sample of your product is due by 03/17/2026 for the City to perform their own jar bell test on your product. Submit it to 14467 Lake Poway Rd, Poway, CA 92064 and label it with the Bid No. 26-011.
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[Remainder of Page Left Blank Intentionally]
*****PRICE IS FIRM FOR ONE YEAR ONLY***
20 (X)
May 19, 2026, Item #3
LIQUID CHLORINE TOTAL AMOUNT OF BID IN FIGURES:$. __________ _ LIQUID CHLORINE TOTAL AMOUNT OF BID IN WORDS: ___________ _ _________________ DOLLARSand _______ CENTS
SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN FIGURES:$ _________ _ SODIUM HYDROXIDE TOTAL AMOUNT OF BID IN WORDS: __________ _ ____________ DOLLARS and ____________ CENTS
AQUA AMMONIA TOTAL AMOUNT OF BID IN FIGURES: $. __________ _ AQUA AMMONIA TOTAL AMOUNT OF BID IN WORDS: ___________ _ ____________ DOLLARSand ____________ CENTS
LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN FIGURES:$. _______ _ LIQUID PERMANGANATE TOTAL AMOUNT OF BID IN WORDS: ________ _ _______________ DOLLARSand __________ CENTS
ALUM TOTAL AMOUNT OF BID IN FIGURES: $,__.1.=i:4::x.4,.,-i5.>.l:30Sl...l,,L.00~---------- ALUM TOTAL AMOUNT OF BID IN WORDS: One hundred forty-four thousand, five _h_u_nd_r_ed_th_irty-'--__________ DOLLARS and --=ze=r-"'o ________ CENTS CATIONIC COAGULANT TOTAL AMOUNT OF BID IN FIGURES:$. ________ _ CATIONIC COAGULANT TOTAL AMOUNT OF BID IN WORDS: _________ _ _______________ DOLLARSand __________ CENTS
BIOXIDE TOTAL AMOUNT OF BID IN FIGURES: $ ______ _
BIOXIDE TOTAL AMOUNT OF BID IN WORDS: ______________ _
________ DOLLARS and __________ CENTS
TABLE 1 TOTAL BID IN FIGURES: $_1_4_4,!__:_,5_3 __ 0 __ .0_:_0 ______________ _ TABLE 1 TOTAL BID IN WORDS: One hundred forty-four thousand and five thundred thirty DOLLARS and zero CENTS -------------------------
21 27 of 30
May 19, 2026, Item #3
BIDDER'S
TITLE:
Jennifer
M.
Perras,
Sr
. Municipal
Bid
Specialist
SIGNATURE:~~
DATE:_3_/3_1/_2_02_6
_____
_
[Remainder
of
Page
Left
Blank
Intentionally]
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May 19, 2026, Item #3
PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THRU JUNE 30, 2028 *************************************************************************************************** DEPOSIT POLICY: (Show Item for Reference) _N_I_A ____________ _ DEMURRAGE POLICY: (Show Item for Reference) _N_IA ___________ _ *************************************************************************************************** Please print except where signature is required.
COMPANY NAME: Univar Solutions USA, LLC
MAIL ADDRESS: 8201 S 212th St
CITY/STATE/ZIP: Kent, WA 98032
BILLING/REMIT ADDRESS: 62190 Collections Center Drive
CITY/STATE/ZIP: Chicago, IL 60693-0621
TELEPHONE/FAX: 253-872-5040 I 253-872-5041
---------------------
ACCOUNT REPRESENTATIVE: _J_e_nn_if_e_r P_e_r_ra_s_to_r_b_id_s ___________ _ EMAIL ADDRESS: [email protected] [email protected] AUTHORIZED SIGNATURE:
NAME: Jennifer M. Perras
TITLE: Sr. Municipal Bid Specialist
EMAIL ADDRESS: [email protected]
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May 19, 2026, Item #3
NON-COLLUSION
AFFIDAVIT
To
the
City
Council,
City
of
Poway,
California:
The
undersigned
in
submitting
a
bid
for
performing
the
following
work
by
contract,
being
duly
sworn,
deposes
and
says:
That
bidder
has
not,
either
directly
or
indirectly,
entered
into
any
agreement,
participated
in
any
collusion,
or
otherwise
taken
any
action
in
restraint
of
free
competitive
bidding
regarding
the
contract,
for:
CITY
OF
POWAY
ANNUAL
SUPPLY
OF
CHEMICALS
FOR
THE
LESTER
J.
BERGLUND
WATER
TREATMENT
PLANT
BID
No.
26-011
Univar
Solutions
USA,
LLC
Company
Name
Jennifer
M.
Perras
8201
S
212th
St
Signature
of
Bidder
Kent,
WA
98032
Business
Address
Subscribed
and
sworn
before
me
this
24th
day
of
_M_a_r_ch
________
, 2026
Notary
Public
in
and
for
the
County
of_
lG_-_
n.,_5--i----
.......
State
of
California.
Washington
(This
affidavit
shall
be
executed
by
the
successful
bidder
in
accordance
with
instructions
in
the
Federal
Requirements,
but
bidder
may
execute
the
affidavit
on
this
page
at
the
time
of
submitting
bid.)
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