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Home My WebLink AboutR2023-023 2023-01-23DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 RESOLUTION NO. R2023-23 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit price contract for utility chemicals to Hawkins Inc., in the estimated amount of $1,228,500.00, for the period of January 24, 2023 through January 23, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City solicited bids for utility chemicals. Section 2. That the City Council hereby awards a unit supply contract to Hawkins Inc., in the unit supply amount shown on Exhibit "A", attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a contract for utility chemicals. PASSED, APPROVED and ADOPTED this the 231d day of January, A.D., 2023. DocuSigned by: 9z J. KE V IN9 62LE MAYOR ATTEST: DocuSigned by: �Freundt-s LiLar IIFRAW65EAGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: lY~ DAF46OKER CITY ATTORNEY RFP#1022-16 - Water Chemical and Supply Analysis Item Description UOM EST QTY DXI G20 Hawkins Polydyne PVS Internatio 1 Liquid Polyphosphate Blend Gallon 10000 15.5 WP 2 Zinc Orthophosphate Gallon 200 12.5 WP 3 Sodium Hypochlorite 12.5%. Enter a price per gallon for a truckload. Gallon 250000 2.05 1.95 WW 4 Sodium Hypochlorite 12.5%. Enter a price per gallon for LESS than a truckload. Gallon 500000 2.95 3.5 2.7 3.14 SW/WP 5 Liquid Ammonium Sulfate. Enter a price per gallon for a truckload. Gallon 130000 3 2.63 SW 6 Liquid Ammonium Sulfate. Enter a price per gallon for LESS than a truckload. Gallon 130000 3.95 2.94 WP 7 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for a truckload. Gallon 185000 2.12 WW 8 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for LESS than a truckload. Gallon 185000 3.5 3.26 WW 9 Liquid Sodium Bisulfite, 40% Solution. Enter a price per 55 gallon drum. Each 10 275 282.9 SW 11 Citric Acid, 50% Solution. Enter a price per gallon for LESS than a truckload. Gallon 300 15 SW 13 Sulfuric Acid, 93% Solution. Enter a price per gallon for LESS than a truckload. Gallon 200 9.5 SW 14 Liquid Sodium Hydroxide, 25% Solution. Enter a price per gallon for a truckload. Gallon 20000 3 1.5857 SW 16 Liquid Sodium Chlorite, 25% Solution. Enter a price per gallon for a truckload. Gallon 10000 6.58 8.6 SW 18 Aluminum Chlorohydrate. Enter a price per gallon for a truckload. Gallon 125000 4.67 5.55 SW 20 Chlorine Gas. Enter a price per pound for a 1 ton cylinder. Pound 150000 1.2247 SW 21 Chlorine Gas. Enter a price per pound for a 150 pound cylinder. Pound 25000 1.7328 WW/WP 22 Clarifloc CE 2374 or approved equal. Enter a price per gallon for a truckload. Offer is in price per gallon for 55 Gal. Drums filled to 450 Lbs. Density conversion factor: 8.6 Lbs/Gallon Gallon 7000 14.104 WW 23 Clarifloc CE 2374 or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for 275 Gallon Totes filled to 2 300 Lbs. Densit conversion factor: 8.6 Lbs/Gallon Gallon 7000 14.104 WW 25 Clarifloc A -210P or approved equal. Enter a price per gallon for LESS a truckload. Offer is in price per gallon for minimum 2,000 gallon LTL bulk. Density conversion factor: 8.8 Lbs/Gallon Gallon 7000 14.08 SW 26 Periodic Water Analysis on well water/distribution systems Each 12 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. RPP1022-16B WATER TREATMENT CHEMICALS AND SUPPLY SERVICES THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Hawkins Inc ("Contractor"), and consisting of the following parts: 1. Summary of Contract Terms II. Signatures Ill, Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Supplies: Contract Amount; Effective Date: End Date: Renewals: Resolution No/Bid No; II. Signatures Y.OfellEARLAND Hawkins Inc 2381 Rosegate Roseville, MN 55113 Water Treatment Chemical and Supply Services $1,228,500.00 January 24, 2023 January 23, 2024 2 R2023-23; RFP #1022-16 2/13/2023 I 2:28 CONTRACTOR �e+eseElseete80 Purchasing Officer Date Title: Vice President - Water Treatment Group DocuS,gned —�n��2/13/2023 I 6:12 P1 roeee+Qe 74 423 *Signed by: Date SuperintendentlManager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: January 31, 2023 DouNx L.np. Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 .4 - City Council Resolution over $50,000 Supply Contract Standard Form Page 1 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to RFP #1022-16 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to two (2) additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount not to exceed $1,228,500.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice, Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract, Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.clov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name; TAMMY SUE AKIF Department: ENGINEERING & PUBLIC WORKS Phone: 281.652.1826 Email: takif@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days' advance written notice of cancellation, material change in Supply Contract Standard Form Page 2 of 6 Approved as to Legal Form 6,28.2021 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee's written request, Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple -release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment 0, the entirety of which, is incorporated into this Contract. Vice President - Water Treatment Group 9. Quality/Quantity Adjustments. Any quantities lnGiifi@t 2 the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget, 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and Supply Contract Standard Form Page 3 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties, 13. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same, 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes, Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: SHAUN GILMORE Title: SURFACE WATER TREATMENT PLANT MANAGER Address: 2016 OLD ALVIN ROAD, PEARLAND, TX 77581 Phone: 281.652.1961 IF TO CONTRACTOR: HAWKINS INC Attn: JAY JUDGE Title: GENERAL MANAGER Address: 2381 ROSEGATE, ROSEVILLE, MN 55113 Phone: 612.331.6910 16. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD - PARTY DEFENDANT AS ALLOWED BY LAW. 17. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before Supply Contract Standard Form Page 4 of 6 Approved as to Legal Farm 6.28.2021 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. 18. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 19. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant to this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (B) 20. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 23. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); Supply Contract Standard Form Page 5 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 25. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Contract if required by said statute for items approved by City Council. 26. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 27. W.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28. Public Information Act Requirements, This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29. Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFP #1022-16 Exhibit 2: Contractor's Bid/Proposal Response Supply Contract Standard Form Page 6 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 ATTACHMENT A — SCOPE OF WORK The scope of contract requires the vendor to supply and deliver truckloads or less than truckloads of sodium bisulfite to the WRFs, truckloads or less than truckloads of bleach to the WRFs, less than truckloads of sulfuric acid to the SWTP, less than truckloads of citric acid to the SWTP, as well as 55 gallons drums of sodium bisulfite to the SWTP on an as needed basis throughout the contract period of one (1) year. The vendor is to make certain that all chemical supplies described are readily available to meet regular and unexpected demands. The scope of contract requires the vendor to supply and deliver less than truckloads of a liquid polyphosphate blend and zinc orthophosphate to the WPs on an as needed basis throughout the contract period of one (1) year. The vendor is to make certain that all chemical supplies described are readily available to meet regular and unexpected demands. Periodic water analysis on well water and distribution system water shall be conducted each month by the vendor to recommend adjustments to the blended chemicals for corrosion control. DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 ATTACHMENT B - BID/PRICING SCHEDULE RFP Title Item Number 102216 Water Treatment Chemicals and Supplies Services De.arlptlon UOM EST QTY Hawkins Inc Unit (not to exceed) Extended 1 Liquid Polyphosphate Blend Gallon 10000 $15.50 $155,000.00 2 Zinc Orthophosphate Gallon 200 $12.50 $2,500.00 3 Sodium Hypochlorite 12.5%. Enter a price per gallon for a truckload, Gallon 250000 $1.95 $487,500.00 4 Sodium Hypochlorite 12.5%. Enter a price per gallon for LESS than a truckload. Gallon 250000 $3.50 $875,000.00 7 Liquid Sodium 6isuifite, 40% Solution. Enter a price per gallon fora truckload. Gallon 195600 $2,).2 $392,200.00 6 Liquid Sodium Bisulhte, 40% Solution. Enter a price per gallon for LESS than a truckload. Gallon 185000 $3.50 -- $275.00 $647,540.00 $2,750.00 Liquid Sodium Bisutfite, 40% Solution. Enter a price per 55 gallon drum, Each 10 11 Citric Acid, 50% Solution. Enter a price per gallon for LESS than a truckload, Gallon 900 $15.00 $4,500.00 T 13 Sulfuric Acid, 93% Solution. Enter a price per gallon for LESS than a truckload. Gallon 200 $9.54 $1,900.40 25 Periodic Water Analysis on well water/distribution systems Each 12 $0.00 $0.00 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 ATTACHMENT C - INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebidsftpearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business In the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Employers' Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. IC GL and BAL, City to be listed as additional insured and provided 30 - day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30 -day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage tor: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emalled to: Purchasing Department at ebids+7a.pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at eblds(a.pearlandtx.cov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required Insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described Insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # RFP#1022-16 Water Chemicals and Supply Analysis Company: Hawkins Inc. Signature and Printed Name: Jeffrey Oldenkamp DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 ATTACHMENT D — WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title, DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 CERTIFICATE OF L{IA@{L{TY INSURANCE 12/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the cerliflcete holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subset to the terms and conditions of the policy, certain policies may require en endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). l!nQ NTACT NAME; Centralized Accounts Servicing Team PHONE FAX WC. Ha, E.11' I (AlC, Net: E•MAnimas: CAST@mar$hmma.com INSURERIN AFFORDING COVERAGE INsuRSR A : Nautilus Insurance Company INSURER B: Aspen Speciality Insurance Company INSURER c : Great Divide Insurance Company mum: D: The Ins CO of the State of Pennsylvania INSURER E: Nautilus Insurance Company PROcLCER Marsh & McLennan Agency LLC 6160 Golden Hills Drive Minneapolis MN 55416 INSURED Hawkins, Inc, 2381 Rosegate Roseville, MN 55113 HAWKIINC INSURER P : LATE (MMIDD/YVYY) NAIL N 17370 1O717 25224 19429 17370 COVERAGES CERTIFICATE NUMBER; 1101833957 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRII0EO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AOOLBUBR POLICY EFF POLICY EXP MR TYPE OF lNa4RANCE ryl5p won l POLICY NUMBER iMMl001Yy'YYI IMMIDDtYYYYI A X COMMERCIAL GENERAL LIABILITY GLP2O33O591 CLAIMS•MAOE a OCCUR 4EN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY n JECT I X I Lou OTHER= C AU ()MOBILE LIABILITY x X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON.OWNEt1 AUTOS ONLY AUTOS ONLY MCS'SD X OA994B CAP203308911 9/3012022 9/30/2023 9/30/2022 9/30/2023 LIMITS EACII OCCURRENCE DAMACF TO RENTED PREMISES (Ea erxrrnonee. MED EXP !Any one [Maori) PERSONAL iR APV INJURY GENERALAGGREGATE PRODUCTS - COMP/OP AQG OMSINED SIN I E L.IMI�F E ddFAIJ BODILY INJURY (POT person) BODILY INJURY (Par accldenl) PROPERTY DAMAGE IP_9rr.9coidow, UabAltr Dsdu lrbte € 1,006,009 € 6,006,000 € 25,000 $ 1,000,000 $ 2,000,000 S 2,000,000 $ 1,000,600 $ S € 25,000 UMBRELLALIAB X OCCUR FFX2O3347411 RXC£es LIAR CLAIMS.MAOE DED I X I RETE L N o WORKERS COMPENSATION P AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNEcuakECUTIVE CFFICERIMEµsERERCLUDED7 (Mandatory In NH) If yes describe undo: DE ION OF OP TIP A Pollution L(abO ly (Pr'rolary) B Palluilan Liability Extesi YfN NIA 14229496 14220400 (CA Only) SSp2O15S7912 EXAFVXW19 9/30/2022 9/30/2023 EACH OCCURRENCE AGGREGATE $18,000,900 € 15,000,000 9/30/2422 6/30/2023 X A t W 9/3012022 9/30/2023 EL. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE EL. DISEASE - POLEGY LIMIT 9130/2021 9/30/2021 9/30/2024 9/30/2024 TOlel Limit wish pI1mary and excess € 1,003,000 $1,400,OOD_ $ 1 000,000 $25,000,000 Oca $25,000,000 Aga DESCRIPTION OF OPERATIONS / LOCATIONS r VEHICLES (ACORD i01, AddIllonal Remarks Schedule, may be attnel od II morn space Is moms) This Insurance is issued n c pursuant of tn the Minnesota plus of cllines aims is Sn❑t guae act. ranteed. Companies A & n gB are subject to statutes but regulation riot of surplus se licensed the State of Minnesota. In case Insolvency, payment 9 P carriers, Certificate Holder is Additional Insured on a primary and non-contributory pbasis limited to the General Liability coverage, Certificate Holder is Additional Insured limited Additional Insureds, Per a the cancellall n cause cone r of Subrogation contained in then policies noted onGeneral th s certifies e, the policy previsions Iand ncluderat eastCompensation 30 days notice favor the cancellation except for non-payment of premium. The above applies as required by the written contract or agreement. CERTIFICATE HOLDER City of Pearlend 3519 Liberty Drive Pearland, TX 77581 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTIIORLZED REPAESCNTATIVE O198B-2015 ACORD CORPORATION. All rights reservod. ACORD 25 (20 16103) The ACORD name and logo are registered marks) of ACORD DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 POLICY NUMBER: GLP2033069-10 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) As required by those entitles with whom the Named Insured executes a written contract. Location(s) Of Covered Operations All locations of the named insured Information required to complete this Schedule,,if not shown above, will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials. parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C� Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: 1AFAOCF9-C7B2-4D3F-9124-1 DAC38B263E7 C. With respect to the Insurance afforded to these additional insureds, the following is added to Section Ill — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office, Inc„ 2012 CG 20 10 04 13 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 From: g¢nq_wllkins To: Tammy Akif Subject: FW: Hawkins Inc COI I For review Date: Friday, January 13, 2023 9:47:06 AM Attachments: Hawkins Inc COI.odt APPR: Reno Wilkins Risk Manager I Human Resources 3519 Liberty Dr I Pearland, TX 77581 P: 281.652,18331M: 281.740.2364 From: Tammy Akif crtakif@pearlandtx.gov' Sent: Thursday, January 12, 2023 11:22 AM To: Reno Wilkins <rwilkins@pearlandtx.gov> Cc: Tammy Akif ‹takif@pearlandtx.gov> Subject: Hawkins Inc COI I For review Reno, Please see attached for review. Thank you, Tammy Sue Tammy Akif Business Administrator I Engineering & Public Works 2016 Old Alvin Rd I Pearland, TX 77581 P: 281.652.1826 I M: 832.263.5525 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 RFP 1022-16 Addendum 1 Hawkins Inc. Supplier Response Event Information Number: RFP 1022-16 Addendum 1 Title: Water Chemical and Supply Analysis Type: RFP-Sealed Issue Date: 11/16/2022 Deadline: 12/14/2022 02:00 PM (CT) Notes: Join from the meeting link https://pearlandtx.webex.cam/pearlandtx/j.php? MTID=mde75774d58421251 da885a6a944f9689 Join by meeting number Page 1 of 3 pages Vendor: Hawkins Inc. RFP 1022-16 Addendum 1 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 Meeting number (access code): 2555 160 9692 Meeting password: yEYniFE3J92 Tap to join from a mobile device (attendees only) +1-408-418-9388„25551609692## United States Toll Contact Information Contact: Vanessa Elam Address: City Hall Annex 3523 Liberty Drive Pearland, TX 77581 Phone: (281) 652-1790 Email: velar@@pearlandtx,gov Page 2 of 3 pages Vendor: Hawkins Inc, RFP 1022-16 Addendum 1 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 Hawkins Inc. Information Contact: David Schindeldecker Address: 2381 Rosegate Roseville, MN 55113 Phone: (612) 225-6587 Email: bids@hawkinsinc.com Web Address: hawkinsinc.com By submitting your response, you certify that you are authorized to represent and bind your company. Jeffrey Oldenkamp Signature Submitted at 12/14/2022 10:46:55 AM (CT) bids@hawkinsinc.com Email Response Attachments Final - Exhibit E - Pricing Sheet -Bid line (Pearland).xlsx Exhibit E - Completed Pricing Sheet Pearland TX 2023 - Product Documentation.pdf Hawkins - Product documentation Pearland TX 2023 Bid Forms and Documentation.pdf 2023 bid forms and documentation Bid Lines I Total Quantity: 1 UOM: EA Unit Price: $4,578,150.00 I Total: $4,578,150.b0 Response Total: $4,578,150.00 Page 3 of 3 pages Vendor; Hawkins Inc. FIFP 1022-16 Addendum 1 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 w_ E December 14, 2022 Hawkins, Inc. 2381 Rosegate Roseville, MN 55113 Phone: (612)331-6910 Fax: (612) 331.5304 Hawkins Inc. completed its recent purchase of NAPCO. Hawkins has been in business since 1938. We have been a Public Company since 1972. We are Incorporated in Minnesota. Our CEO Is Patrick Hawkins. Our Executive V.P. and Chief Financial Officer is Jeffrey Oldenkamp. Our Vice President and General Council is Richard Erstad, Hawkins Vice President of the Water Treatment Group Is Douglas Lange. They can all be reached at the Corporate Office. We have over 800 employees and have 51 Facilities in 25 States. Sales surpassed $770 million In FY 2022. We have attached a list of three References on your supplied form which are similar to your Facilities. Hawkins Inc. has no Intentions for subcontracting at this time. Hawkins does all hiring utilizing E -Verify. I have attached the cover page and signature pages of our Letter of Understanding for your review. Our current Emergency Numbers are: Emergency: 832.585.3278 Non -Emergency: 281.651.6800 Hawkins Inc. warranties that the product delivered to your tank is within specifications we have supplied. DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 EVenly _ Company ID Number: 1650052 THE &VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY { 010 4; The parties to this Agreement are the Department of Homeland Security (DHS) and Hawkins Inc (Web Services Employer). The purpose of this agreement is to set forth terms and conditions which the Web Services Employer will follow while participating in E -Verify. A Web Services Employer is an Employer who verifies employment authorization for its newly hired employees using a Web Services interface. E -Verify Is a program that electronically confirms a newly hired employee's authorization to work in the United States after completion of the Form 1-9, Employment Eligibility Verification (Form 1-9). This MOU explains certain features of the E -Verify program and describes specific responsibilities of the Web Services Employer, DHS, and the Social Security Administration (SSA). For purposes of this MOU, the "E -Verify browser" refers to the website that provides direct access to the E -Verify system: https://e-verifv.uscis.cipv/ema You may access E -Verify directly free of charge via the E -Verify browser. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain employees working on Federal contracts. Before accessing E -Verify using Web Services access, the Web Services Employer must meet certain technical requirements. This will require the investment of significant amounts of resources and time. If the Web Services Employer is required to use E -Verify prior to completion and acceptance of its Web Services interface, then it must use the E -Verify browser until It is able to use its Web Services interface. The Web Services Employer must also maintain ongoing technical compatibility with EryVerify. DHS accepts no liability relating to the Web Services Employer's development or maintenance of any Web Services access system. Page 1 of 23 E -Verity MOU for Web Services Employers I Revision Date 06/01/13 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 Elferify Company ID Number: 1650052 4 may subject the Web Services Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between OHS and the Web Services Employer. Approved by: Web Services Employer Hawkins Inc Name (Please Type or Print) Carl Skarstad Signature Electronically Signed pertment of Homeland Security — Verification Division Title Date 03/04/2021 Name (Please Type or Print) itle Signature Electronically Signed Page 19 of 23 E -verify MOU for Web Services Employers I Revision Date 06101/13 ate DocuSign Envelope ID: 1AFAOCF9-C7B2-4D3F-9124-1 DAC38B263E7 E -Verily._ Company ID Number: 1850052 Information Required for the E -Verify Program nformatlon relating to your Company: Hawkins Inc ompany Name ompany Facility Address Company Alternate Address 2381 Rosegate Roseville, MN 55113 unty or Parish RAMSEY Employer Identification Number 410771293 North American Industry 'ossification Systems Code Parent Company Number of Employees 500 to 999 325 Hawkins Inc Number of Sites Verified for 45 Page 20 of 23 E -Verify MOU for Web Services Employers Revision Date 06/01/13 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 rj a I iNg LAND REFERENCES FOR: Hawkins Inc. Offeror must furnish, with this proposal, at least three (3) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be included with your proposal. City of Sugar Land, Texas Company Name: 14601 Voss Rd., Sugar Land, TX 77498 Company Address: Contact Name: John Bailey Phone Number: 281.275.2002 Email Address; JBAILEY@sugarlandtx.goV Water Treatment Chemicals Description of Project/Work: Company Name: City of Conroe, Texas Company Address: 300 W. Davis St. #200, Conroe, TX 77301 Contact Name: Christine Santiny Phone Number: 936.522.3000 Email Address: csantinycityofconrae.org Description of Project/Work: Water Treatment Chemicals DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 References for: Hawkins Inc. Company Name: City of Huntsville, Texas Company Address: 1212 Avenue M, Huntsvile, TX 77340 Contact Name: Joe Massey Phone Number: 936.291. 400 Email Address: jmassey@huntsvilletx.gov Water Treatment Chemicals Description of Project/Work: Company Name: Company Address: Contact Name: Phone Number: Email Address: Description of Project/Work: Company Name: Page 2 Company Address: Contact Name: Phone Number: Email Address: Description of Project/Work: DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 NON -COLLUSION ST •. LA E T "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." Hawkins Inc. Vendor Address 2381 Rosegate Roseville MN 55113 Phone Number (6131-6010 Fax Number (612) 331-5304 Email Address bids@h si .c m Bidder (Signature) Position with Company Business Development Coordinator Signature of Company Official Authorizing This Bid l' Company Official {Printed Name) _ Jeffrey Oldenkamp Official Position Executive Vice President and Chief Financial Officer DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 Contractor Questionnaire Yes No 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s) from the undersigned company? 2. Has the City of Peariand or other governmental entity been involved in litigation relative to contract performance with the undersigned company? 3. Has the undersigned company failed to meet bid specifications or time limits an other contracts? 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? 5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six [36) month period? 6. HAS the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six (36) month period? 7. Does the undersigned company have adequate equipment, personnel and expertise to complete the proposed contract? 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six (36) month period? 9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such a contract or subcontract within a ten (10) year period? 10. Has the undersigned company been convicted of a criminal offense within a ten (10) year period of embezzlement, theft, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten (10) year period arising out of submission of bids or proposals? 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? if you answered "yes" to Items 1-6 or 8.12 or answered "no" to Item 7, please attach a full explanation to this questionnaire. Hawkins Inc, Company Name: 2381 Rosegate Roseville MN 55113 Address: Jeffrey Oldenkamp Title: Executive Vice President and Chief Financial Officer Name: (Please Print) [Please Print) Signature: (,11 Date: 12/14/2022 DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 STATE OF TEXAS HOUSE BILL 89 VERIFICATION Jeffrey Oldenkamp (Person name) Hawkins Inc. , the undersigned representative of (Company or Business name) hereafter referred to as company, being an adult over the age of eighteen (18) years of age, do hereby certify the above -named company, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: L Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract for goods or services with the above -named Company, business or individual with City of Pearland. Pursuant to Section 2270.101, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in on Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2 "Company„ means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 12/14/2022 DATE Executive Vice President and Chief Financial Officer POSITION /TITLE Li SIGNATURE OF COMPANY FI PRE5EN rATIVE DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 STATE OF TEXAS - SENATE BILL 19 VERIFICATION l Jeffrey Oldenkamp , the undersigned representative of (Person name) Hawkins Inc. (Company or puSlness name) hereafter referred to as company, with at least 10 fulltime employees and if entering into a contract for more than $100,000 paid partially or fully with public funds, do hereby certify the above -named company, under the provisions of Subtitle F, Title 10, Government Code Chapter 2274: 1 Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and 2. Will not discriminate during the term of the contract against a firearm entity or firearm trade association. Pursuant to Section 2274.001, Texas Government Code: .1 "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases. 4, "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry store or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine. 5. "Firearm entity" means (a) a firearm, firearm accessory, or ammunition manufacturer, distributer, wholesaler, supplier or retailer; and (b) a sport shooting range as defined by Section 250,02 of the Local Government Code. & "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that; (a) is not organized or operated for profit and for which not of its net earnings inures to the benefit of any private shareholder or individual; (b) has two or more firearm entities as members; and (c) is exempt for federal income taxation under Section 501 (a), internal Revenue Code of 1986, as an organization described by Section 501 (c) of that code. 12/14/2022 Executive Vice President and Chief Financial Officer DATE POSITION f TITLE /;' i'1 SIGNATUFIt OF COMPANY REPH 5ENTA'TIVE DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 STATE OF TEXAS - SENATE BILL 13 VERIFICATION i, Jeffrey Oldenkamp (Person name) , the undersigned representative of Hawkins Inc. (Company or Business name' hereafter referred to as company, with at least 10 fulltime employees and if entering into a contract for more than $100,000 paid partially or fully with public funds, do hereby certify the above -named company, under the provisions of Subtitle A, Title 8, Government Code Chapter 809: 1 Does not boycott energy companies currently; and 2 Will not boycott energy companies during the term of the contract for goods or services with the above -named Company, business, or individual with City ofPea Hand. Pursuant to Section 2270.001, Texas Government Code: 3. "Boycott Energy Company' means, without an ordinary business purpose, refusing to deal with, terminating business activities with or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil -fuel based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A) 4. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 12114/2022 Executive Vice President and Chief Financial Officer PATE POSITION /TITLE SIGNARJR qF COMPANY REPRESENTATIVE DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 STATE OF TEXAS - SENATE BILL 2116 VERIFICATION Jeffrey Oldenkamp (Person name) , the undersigned representativeof Hawkins Inc. (Company or Business name) hereafter referred to as company, being an adult over the age of eighteen (18) years of age, do hereby certify the above -named company, under the provisions of Subtitle F, Title 10, Government Code Chapter 2274: 1 Will not grant direct or remote access to or control of critical infrastructure in this State, excluding access specifically allowed by the governmental entity for product warranty and support purposes; and Z Is not owned by or the majority of stocks or other ownership interest of the company is held or controlled by: (i) Individuals who are citizens of China, Iran, North Korea, Russia or a designated country; or (ii) a company or other entity, Including a government entity, that is owned or controlled by citizens of or is directly controlled by the government of China, I ran, North Korea, Russia or a designated country; or headquartered in China, Iran, North Korea, Russia or a designated country. Regardless of whether the company's or its parent company's securities are publicly traded; or the company or its parent company is listed on the New York Stock Exchange as: a Chinese, Iranian, North Korean or Russian company; or a company of a designated country. Pursuant to Section 2274, Texas Government Code: 7 "Critical Infrastructure" means a communication infrastructure system, cybersecurity system, electrical grid, hazardous waste treatment system, or water treatment facility. "Cybersecurity" means" the measures taken to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access. 9. "Designated Country" means a country designated by the Governor as a threat to the critical infrastructure under Section 113.003. 12/14/2022 Executive Vice President and Chief Financial Officer DATE POSITION /TITLE -,7% 5IIANATURE OF COMPANY REPRESENTATIVE DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 ADDENDUM NO. 1 ADDENDUM TO THE REQUEST FOR PROPOSAL Water Chemical and Supply Analysis DATE ISSUED: December 12, 2022 Request For Proposal (RFP): 1022-16 ORIGINAL PROPOSAL SUBMISSION DATE: November 16, 2022 (no changed) Addendum No. 1, dated December 12, 2022, is hereby amended to the following: 1. Questions and Answers received via City of Pearland e -bid system are hereby incorporated, in full text, page 2 A. This Addendum shall be considered part of the bid documents for the above - mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Addendum shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS. B. Proposers are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. All other terms and conditions remain unchanged. Ali other terms and conditions remain the unchanged. COMPANY NAME: Hawkins Inc. SIGNATURE: Jeffrey Oldenkamp NOTE: Company name and signature must be the same as on the bid documents. DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 REP 1022-16 estions & Answers 1. Can you please advise if this is the first time for the Aluminum Chlorohydrate to go out to bid and can you please provide your current price and supplier? A — This is the first time for Aluminum Chlorohydrate to go to bid. 2. Can you please clarify if the Est. Qnty on the price sheet is the annual quantity? Example, Zinc Orthophosphate states 200, Is that 200 gallons the annual amount? A- Correct, the amounts in the price sheet are annual usages. 3. Citric Acid has 2 line items, full Truckload and less than truckload, but the quantity is 300 gallons for both. 300 gallons is not a full truckload. Please clarify. A- The line item table was a template and the yearly quantities that are less than a truck load do not have to have a truckload estimate. 4. Would you be able to provide the previous bid tabulation to the current bid RFP #1022-16 Water Chemicals & Supply Analysis A- There is not a previous bid tabulation as this is the first bid with the Surface Water plant chemicals in it. 5. Does the City of Pearland require the following for Sodium Chlorite: "Contractor will provide periodic water analysis on the well waters and distribution systems, at least 6 times per year. Minimum required lab analyses are as follows: pH, Alkalinity, Calcium, Magnesium, Conductivity, TDS, Iron, Manganese, Copper, and Phosphate (Total, Ortho, and Poly)" A- The scope of work stating "Contractor will... and Phosphate" is water sampling specific to the water well plants that use phosphate blends for water treatment and does not pertain to Surface Water plant only chemicals (SW plant only chemicals are lines 10-19,24,25) 6. What are you currently paying for Sodium Chlorite 25%? A- This is the first time for Sodium Chlorite to go to bid. 7. Can you please confirm the specific gravity for the Aluminum Chlorohydrate? The industry standard is around 1.34 and the bid specifications state 2.7. A- That is a typo. Specific Gravity should be 1.33-1.35 8. Will CLARIFLOC CE -2374 (wastewater polymer) be removed from the subject bid? A- No. CE -2374 will continue to be used at the Wastewater facilities acid the A 210P will only be used at the Surface Water facilities. 9. what is the minimum delivery quantity for CLARIFLOC A -210P? A- preferably 2000 gals 10, If the CLARIFLOC CL -2374 remains on this bid, will the City please exempt this chemical from the Scope of Work, General Requirements, Section 1.7? This product is not NSF approved A- This is correct, Since CE -2374 is a Wastewater plant chemical it does not have to be NSF approved. if future bids, we need to add the disclaimer for the chemicals to read "NSF 60 approved where applicable.' 11. Will you please confirm the minimum delivery quantities and desired package type (totes, drums or liquid bulk) for bid items #22, 23, 24 and 25? A- 22 -- CE -2374 — See current contract for quantities B- 23 — CE -2374 — See current contract for quantities DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 C- 24 - A -210P -- 2000 gals per delivery via liquid bulk (half load) D- 25 - A -210P - approximately 2000 gals per delivery via totes with offloading by pumping provided by vendor DocuSign Envelope ID: 1AFA0CF9-C7B2-4D3F-9124-1 DAC38B263E7 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2023-977853 Date Filed: 01/31/2023 Date Acknowledged; 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hawkins Inc. Roseville, MN United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Peariand 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or ocher property to be provided under the contract. RFP1O22-16B Water Treatment Chemicals 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only X t'r UNSWORN DECLARATION My name is Douglas Lange , and my date of birth is 04/v 70 f O 7r f Cfi I� 1`i1 J My address is, /V 62 9 J 'l7,,,:,, 4,Cei t. �t 4 ] t: 5- 2 , (street)/ (city) I declare under penalty of perjury chat the foregoing is trite and correct. Executed in Ramsey County, State of Minnesota , on istete) the (zip code) (country) 31 day of January . 20 23 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state,tx.us ersion V3.5.1.3ac