Finance Committee
June 26, 2023

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www.modestogov.com
AGENDA
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, June 26, 2023 at 4:00 PM
Roll Call: David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
Alternates: Eric Alvarez, Jeremiah Williams, Chris Ricci, Sue Zwahlen “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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Joining the Committee meeting via Telephone
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Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

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 City staff will unmute your microphone when it is your turn to provide public comment.
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USING A REGULAR PHONE (not using a computer or smart phone APP):
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 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

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Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee Member.

Consent

1. Consider approving the recommended budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion approving the recommended budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.

BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent

2. Consider the purchase of playground equipment for The Awesome Spot Playground from Landscape Structures, Inc., of Delano, MN, for a total amount not to exceed $226,786, and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding)
 Motion recommending the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Landscape Structures, Inc. for the Purchase and Delivery of playground equipment for The Awesome Spot Playground at Beyer Community Park, for a total amount not to exceed $226,786, and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]
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Consent

3. Consider the Parks, Recreation and Neighborhoods revised spending plan for the use of Phase 1 American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP) and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding)  Motion recommending the Parks, Recreation and Neighborhoods revised spending plan for the use of American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP); amending the Fiscal Year 23/24 Capital Improvement Program and Non-Capital project budgets to fund the projects outlined in the attached ARPA Phase 1 Revised Spending Plan for TRRP and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

4. Consider the submittal of Grant Applications to the Federal Aviation Administration and the State of California Department of Transportation, Division of Aeronautics for eligible Airport Improvement Projects, and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending the submittal of applications to the Federal Aviation Administration (FAA) and State of California Department of Transportation (DOT) Division of Aeronautics for Airport Improvements, and authorizing the City Manager or his designee, to sign Grant Applications and related forms, and forwarding to Council for approval.

PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent

5. Consider On-Call Agreements for CEQA Environmental Planning and Compliance Services with GEI Consultants, of Rancho Cordova, CA, and Montrose Environmental, of Sacramento, CA, and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
 Motion recommending an On-Call CEQA Environmental Planning and Compliance Services Agreement with GEI Consultants, of Rancho Cordova, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years and forwarding to Council for approval.
 Motion recommending an On-Call CEQA Environmental Planning and Compliance Services Agreement with Montrose Environmental, of Sacramento, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years and forwarding to Council for approval.

UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent

6. Consider On-Call Agreements for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, and Tetra Tech, of Rancho Cordova, CA, and - 5 -
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forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
 Motion recommending an On-Call Agreement for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years and forwarding to Council for approval.
 Motion recommending an On-Call Agreement for Environmental Site Assessment Services with Tetra Tech, of Rancho Cordova, CA for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years and forwarding to Council for approval.

UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent

7. Consider Agreements for the Purchase and Delivery of Wastewater Treatment Chemicals with Univar Solutions, USA Inc., Kent, WA, Brenntag Pacific, Inc., Santa Fe Springs, CA and Hasa Inc., Saugus, CA, for a total amount not to exceed $210,674, and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)  Motion recommending Agreements for the Purchase and Delivery of Chemicals for Wastewater Treatment with Univar Solutions, USA Inc., Kent, WA, Brenntag Pacific, Inc., Santa Fe Springs, CA and Hasa Inc., Saugus, CA, for a one-year Agreement for a total amount not to exceed $210,674 and forwarding to Council for approval.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected]

NEW BUSINESS

8. Consider an Ordinance amending Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for goods/services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works projects including the City Manager’s authority for emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow for electronic bidding and forwarding to Council for approval. (Funding Source: Not Applicable)  Motion recommending an Ordinance amending Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for goods/services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works projects including the City Manager’s authority for emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow for electronic bidding and forwarding to Council for approval.

FINANCE; DeAnna Christensen, 209-577-5387, [email protected] - 6 -
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9. Consider an Agreement for the Purchase of ONEVIEW Enterprise Citizen Request Management Application, to Granicus, LLC, Saint Paul, MN for an amount not to exceed $299,364 over five years and forwarding to Council for approval. (Funding Source: Information Technology Fund)
 Motion recommending the Award of Proposal and Agreement for the Purchase of ONEVIEW Enterprise Citizen Request Management Application to Granicus, LLC., Saint Paul, MN for a two-year Agreement with three subsequent one-year extension options for a total of five years for an amount not to exceed $299,364 and forwarding to Council for approval.

IT; James Dotson, 209-571-5508, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 26, 2023
Date: June 6, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – June 2023
CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving the recommended budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

Each month staff presents a variety of budget adjustments requiring the approval of the City Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.

This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they are included as an attachment to this report (Exhibit A). As in past reports, adjustments are segregated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.

Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or Budget Manager consistent with the recent change in authority levels that was approved by Council with the passing of the Fiscal Year 2019-20 Operating Budget via Resolution No. 2019-305.
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Finance Committee, June 26, 2023
Monthly Budget Adjustment Report – June 2023

DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A.

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2022-23.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the recommended budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Exhibit A – Budget Adjustments Requiring Council Approval

2. Exhibit B – Staff Approved Budget Adjustments
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Finance Committee, June 26, 2023
Monthly Budget Adjustment Report

EXHIBIT A
FISCAL YEAR 2022-23

COMMUNITY & ECONOMIC DEVELOPMENT
 A budget adjustment in the amount of $150,000 is necessary in the General Fund (0100) Community & Economic Development operating budget to reduce operating expenditures and to establish a transfer to the Economic Development/Strategic Plan Fund (1800) Econ Development Strategic Plan Project 101505. The budget will be allocated to the Economic Development Strategic Plan Project for the purpose of:

1. Defining and articulating a pragmatic Economic Development Strategy that reflects Modesto’s unique character, strengths and weaknesses, natural opportunities, and values.

2. Linking and leveraging Modesto’s Economic Development Strategy to and with the emerging Stanislaus County-wide Economic Development Strategy, Stanislaus2030. Illuminating potential opportunities and hurdles for the City of Modesto arising from the trend toward increasingly regionalized economic development.

3. Providing clear implementation guidance for five years with aspirational, transformative direction for another five to ten years.

4. Providing recommendations for traditional and emerging economic development practices that harmonize business and talent development.

HUMAN RESOURCES
 A budget adjustment in the amount of $1,500,000 is needed in the Liability Insurance Fund (5330) to pay for a settlement payment that was approved on April 4, 2023, as part of closed session. The increase in budget will come from the Liability Insurance Fund reserves.
 A budget adjustment in the amount of $394,496 is needed in the Liability Insurance Fund (5330) to pay for the increase in insurance premiums due to the Fiscal Year 2022-23 updated retrospective rating calculation. The increase in budget will come from the Liability Insurance Fund reserves.

MEASURE L - COMMUNITY & ECONOMIC DEVELOPMENT
 A budget adjustment is necessary to recognize actual revenue received in the Measure L Fund (1410) for the fiscal year FY 2022-23. The additional revenue to recognize is in an amount up to $4,500,000 for the Local Streets & Roads (14625), Traffic Management (14626), and Bike & Pedestrian (14627) cost centers.
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Finance Committee, June 26, 2023
Monthly Budget Adjustment Report

NON-DEPARTMENTAL
 A budget adjustment is necessary to increase the Transfer Out from the Police Department Capital Facility Fee Fund 3440 to the General Fund 0100 in the amount of $185,000. There is additional fund balance available in the Police Department Capital Facility Fee fund that can be transferred for repayment on the Police Department Headquarters (7000).
 A budget adjustment is necessary to increase the Transfer Out from the Fire Department Capital Facility Fee Fund 3450 to the General Fund 0100 in the amount of $105,000.

There is additional fund balance available in the Fire Department Capital Facility Fee fund that can be transferred for repayment on the loan for Fire Station #11.  A budget adjustment is necessary to increase the Transfer Out from the General Government Capital Facility Fee Fund 3470 to the General Fund 0100 in the amount of $100,000. There is additional fund balance available in the General Government Capital Facility Fee fund that can be transferred for repayment on the Tenth Street Plan Project (7000).

POLICE DEPARTMENT
 A budget adjustment in the amount of $370,172 is necessary in the Traffic Safety Fund (1600) reserves to fund the purchase of the airplane that was approved by Council on February 28, 2023, per resolution 2023-087. The purchase was to be split 50/50 between the Traffic Safety Fund and Supplemental Law Enforcement Services funds (SLESF). There are two projects that make up the SLESF portion that have funds available, however, a budget resolution was not included when the item was approved to establish the budget from the Traffic Safety Fund reserves.

PUBLIC WORKS
 A budget adjustment is necessary to establish a transfer from the Surface Transportation Fund – Measure L/SB 1 Maintenance of Effort (MOE) Fund (1420) to the Surface Transportation Fund (1700) in the amount of $1,219,826 to offset transportation operations in the fund and meet the Senate Bill 1 RMRA/Measure L MOE requirement.  A budget adjustment in the amount of $186,033 is necessary to establish a transfer out of the Green Waste Fund (Fund 4892) to the Urban Forest Management Project (101440) in Fund 1341, for the In-Kind portion of the project funding.

UTILITIES
 A budget adjustment in the amount of $15,000,000 is required from the Water Fund (4100) to the Water CIP Fund (4180) for capital project expenditures related to the Water Fund. For tracking purposes, Capital projects are all expensed out of Water CIP Fund (4180) and at end of the fiscal year, a transfer from the Water Fund (4100) is needed to cover the expenses in the Water CIP Fund.
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Finance Committee, June 26, 2023
Monthly Budget Adjustment Report

 A budget adjustment in the amount of $515,000 is necessary in the Water Fund – CIP Projects Fund (4180) Project 100576 – Residential Meter Installation – South Modesto to fund the project expenditures. The project has now been completed and prior to closing the project expenditure budget needs to be adjusted. The increase in the project budget will be covered by the Water Fund (4100) reserves.
 A budget adjustment in the amount of $13,025,000 is necessary in the Water CIP Fund (4180) to create and establish the expense budget for Project 101504 - Empire Strengthen & Replace Water Mains/Phase 2 & 3. This project will improve system reliability and upgrade existing infrastructure to meet City Standard Specifications. The project will be funded with Water Fund reserves and there are sufficient funds available. #1..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-164 BM 0100 General Fund FIN-Administration Miscellaneous Revenue Rev $ - $ 1,000 $ 1,000 AT-164 BM 0100 General Fund FIN-Administration Advertising Exp $ 820 $ 1,000 $ 1,820 AT-165 DD 0100 General Fund CED - Building Safety Budget Only - Salary Adjustment - Decrease Exp $ (9,835) $ (4,831) $ (14,666)
AT-165 DD 0100 General Fund CED - Building Safety Budget Only - Benefit Adjustment - Decrease Exp $ (4,215) $ (2,071) $ (6,286) AT-165 DD 0100 General Fund CED - Building Safety Professional Service Exp $ 2,000 $ 6,902 $ 8,902 AT-171 BM 0100 General Fund
33340 - PRN - Airport
Neighborhood Community
Center
Repair and Maintenance -
Vandalism Exp $ 10,000 $ (10,000) $ -
AT-171 BM 0100 General Fund
33340 - PRN - Airport
Neighborhood Community
Center
Repair and Maintenance - Real
Property Exp $ 5,085 $ (5,000) $ 85
AT-171 BM 0100 General Fund 31005 - PRN - Mary Grogan
Sports Complex
Repair and Maintenance - Real
Property Exp $ 13,000 $ (9,000) $ 4,000
AT-171 BM 0100 General Fund 31005 - PRN - Mary Grogan
Sports Complex Transfer Out to Fund 1380 TO $ - $ 15,000 $ 15,000 AT-171 BM 0100 General Fund
33340 - PRN - Airport
Neighborhood Community
Center
Transfer Out to Fund 1380 TO $ - $ 9,000 $ 9,000
AT-172 DD 0100 General Fund CED-Planning Budget Only - Salary Adjustment - Decrease Exp $ (85,675) $ (22,107) $ (107,782)
AT-172 DD 0100 General Fund CED-Planning Budget Only - Benefit Adjustment - Decrease Exp $ (36,718) $ (9,474) $ (46,192) AT-172 DD 0100 General Fund CED-Planning Services City Forces - Interfund Exp $ - $ 14,548 $ 14,548 AT-172 DD 0100 General Fund CED-Planning Services City Forces - Intrafund Exp $ - $ 4,797 $ 4,797 AT-172 DD 0100 General Fund CED-Planning Advertising Exp $ - $ 1,787 $ 1,787 AT-172 DD 0100 General Fund CED-Planning Business Expenses Exp $ 1,000 $ 2,980 $ 3,980 AT-172 DD 0100 General Fund CED-Planning Computer Equipment <$5,000 Exp $ 5,400 $ 7,469 $ 12,869 AT-175 DD 0100 General Fund 14410 - CED - Planning Budget Only Salary Adjustment - Decrease Exp $ (107,782) $ (75,390) $ (183,172)
AT-175 DD 0100 General Fund 14410 - CED - Planning Budget Only Benefit Adjustment - Decrease Exp $ (46,192) $ (32,310) $ (78,502)
AT-175 DD 0100 General Fund 14410 - CED - Planning Budget Only Salary Adjustment - Decrease Exp $ (36,628) $ (29,610) $ (66,238)
AT-175 DD 0100 General Fund 14410 - CED - Planning Budget Only Benefit Adjustment - Decrease Exp $ (15,698) $ (12,690) $ (28,388)
AT-175 DD 0100 General Fund 14180 - CED - Economic
Development Professional Services Exp $ - $ 150,000 $ 150,000 A budget adjustment of $1,000 is necessary to recognize revenue/expenses related to reimbursement/fees for the Modesto Bee advertising for the TEFRA hearing.

A budget adjustment of $6,902 is necessary in CED - Building Safety to move salary savings from Appropriation Unit A to Appropriation Unit C for the purchase of additional laptops.

A budget adjustment is necessary in the amount of $24,000 to establish the budget for Project 101500 for the increased security measures at the Mary Grogan soccer complex. The project budget will be funded by a reduction in the repair and maintenance expense budget from 31005 and 33340. A transfer is being established from the reduction to the project.

A budget adjustment of $31,581 is necessary for CED-Planning to move salary savings from Appropriation Unit A to Appropriation Unit C for underbudgeted expenses.

A budget adjustment is necessary in the amount of $150,000 to move CED salary savings to support the project of creating an Economic Development Strategi Plan.

These funds will then subsequently become encumbered into the following fiscal year.
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-176 DD 0100 General Fund 14410 - CED - Planning Budget Only Salary Adjustment - Decrease Exp $ (212,782) $ (66,773) $ (279,555)
AT-176 DD 0100 General Fund 14410 - CED - Planning Budget Only Benefit Adjustment - Decrease Exp $ (78,502) $ (28,617) $ (107,119)
AT-176 DD 0100 General Fund 14210 - CED - Building Safety Budget Only Salary Adjustment - Decrease Exp $ (14,666) $ (143,227) $ (157,893)
AT-176 DD 0100 General Fund 14210 - CED - Building Safety Budget Only Benefit Adjustment - Decrease Exp $ (6,286) $ (61,383) $ (67,669)
AT-176 DD 0100 General Fund 14410 - CED - Planning Professional Services Exp $ - $ 300,000 $ 300,000 Total Changes for Fund 0100 $ (617,674) $ 2,000 $ (615,674) AT-163 DD 1300 Capital Improvement Support
Fund
42020 - UTL Construction
Administration PC Software and Supplies Exp $ 146,091 $ (7,500) $ 138,591 AT-163 DD 1300 Capital Improvement Support
Fund
42020 - UTL Construction
Administration Computer Equipment <$5,000 Exp $ 5,000 $ 7,500 $ 12,500 Total Changes for Fund 1300 $ 151,091 $ - $ 151,091
AT-166 BM 1342 Grants - Police 101010 - Multi Year Donations Miscellaneous Donations/Contribution Rev $ 29,853 $ 1,045 $ 30,898
AT-166 BM 1342 Grants - Police 101010 - Multi Year Donations AUC-52300 Tools & Field Supplies Exp $ 3,000 $ 1,000 $ 4,000
AT-166 BM 1342 Grants - Police 101010 - Multi Year Donations AUC-52300 Tools & Field Supplies Exp $ 829 $ 45 $ 874
Total Changes for Fund 1342 $ 33,682 $ 2,090 $ 35,772
AT-171 BM 1380 Non-Capital Parks Fund (NonGrant)
101500 - Grogan Security
Improvements Transfer In from Fund 0100 TI $ - $ 24,000 $ 24,000 AT-171 BM 1380 Non-Capital Parks Fund (NonGrant)
101500 - Grogan Security
Improvements Business Expenses Exp $ - $ 24,000 $ 24,000 Total Changes for Fund 1380 $ - $ 48,000 $ 48,000
AT-161 BM 1410 Measure L Road Tax Fund 101178 - Neighborhood Traffic Calming Program AUC - Construction Exp $ 900,000 $ (150,000) $ 750,000 AT-161 BM 1410 Measure L Road Tax Fund 101178 - Neighborhood Traffic Calming Program AUC - Eng/Design/Admin Exp $ 150,000 $ 150,000 $ 300,000 Total Changes for Fund 1410 $ 1,050,000 $ - $ 1,050,000 AT-174 BM 3130 Parks Fund 101501 - Rental Property
Improvements
Repair & Maintenance - Real
Property Exp $ - $ 25,000 $ 25,000 A budget adjustment is necessary to establish the initial project budget.

Total Changes for Fund 3130 $ - $ 25,000 $ 25,000
AT-159 BM 3140 Capital Grants - CIP Projects Transit Center Improvements Construction Administration Exp $ 407,254 $ (103,672) $ 303,582 AT-159 BM 3140 Capital Grants - CIP Projects Transit Center Improvements Eng/Design/Admin Exp $ 460,000 $ (1,000) $ 459,000 AT-159 BM 3140 Capital Grants - CIP Projects Transit Center Improvements Contingency - CIP Exp $ 368,628 $ 104,672 $ 473,300 Total Changes for Fund 3140 $ 1,235,882 $ - $ 1,235,882 AT-160 BM 3160 Capital Grants - Streets CIP 101271 - Briggsmore/SR-99 Interchange Eng/Design/Admin Exp $ 5,113,483 $ (4,800,000) $ 313,483 AT-160 BM 3160 Capital Grants - Streets CIP 101271 - Briggsmore/SR-99 Interchange Project Development Exp $ 499,000 $ (463,567) $ 35,433 AT-160 BM 3160 Capital Grants - Streets CIP 101271 - Briggsmore/SR-99 Interchange Eng/Design/Admin-AECOM Exp $ - $ 5,263,567 $ 5,263,567 Total Changes for Fund 3160 $ 5,612,483 $ - $ 5,612,483 A budget adjustment is necessary to re-allocate funds within the project to account for additional expenses related to change orders. The overall project budget is not changing.

A budget adjustment is necessary to re-allocate funds within the project to account for the AECOM contract to track in its own task. The overall project budget is not changing.

A budget adjustment is necessary to re-allocate funds to align the type of work that this project requires. Additional funds were added to the construction phase of the project, however, no additional design funds were added and additional design funds are needed to roll-out the project. The overall project budget is not changing.

A budget adjustment is necessary to reallocate funds between accounts within Construction Administration so that tracking can be completed to show purchase of new computer monitors.

A budget adjustment in the amount of $1,042.62 is needed to recognize revenue and program offsetting expenses in the same amount from donations to the Police Department.

A budget adjustment is necessary in the amount of $24,000 to establish the budget for Project 101500 for the increased security measures at the Mary Grogan soccer complex. The project budget will be funded by a reduction in the repair and maintenance expense budget from 31005 and 33340. A transfer is being established from the reduction to the project.

A budget adjustment is necessary in the amount of $300,000 to move CED salary savings to encumber the consultant service agreements with Precision Engineering Inc, Harris & Associates, and Environmental Science Associates. #1..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-173 CM 4210 Sewer Operations 101494 - Sewer Trunk
Rehabilitation
Engineering/Design/Administrati
on
Exp $ - $ 30,000 $ 30,000 A budget adjustment is necessary to establish the initial project budget.

Total Changes for Fund 4210 $ - $ 30,000 $ 30,000
AT-162 BM 6710 JPA TRRP Special Revenue
Fund - CIP
101071 - TRRP Neece Drive
Boat Launch Construction Exp $ 514,168 $ (25,000) $ 489,168 AT-162 BM 6710 JPA TRRP Special Revenue
Fund - CIP
101071 - TRRP Neece Drive
Boat Launch Eng/Design/Admin Exp $ 188,000 $ 25,000 $ 213,000 Total Changes for Fund 6710 $ 702,168 $ - $ 702,168
A budget adjustment is necessary to re-allocate funds to cover change orders 2 and 3 as well as staff time. The overall budget is not changing. #1..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 26, 2023
Date: May 16, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Playground Equipment Purchase for The Awesome Spot Playground CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider the purchase of playground equipment for The Awesome Spot Playground from Landscape Structures, Inc., of Delano, MN, for a total amount not to exceed $226,786, and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In 2015, the community rallied together in support of designing an all-inclusive playground at Beyer Park. The desire was to build a playground that would be the first of its kind in the region, providing accessibility to people of all ages with a wide range of physical abilities to be able to play together side-by-side. Since that time, the project has been officially titled “The Awesome Spot Playground” (TASP) and construction documents have been completed with the help of local design professionals.

TASP was born through the efforts of a group of residents who approached City staff regarding the development of an inclusive playground in Modesto. These residents organized into the TASP Team and have been working to raise funds for the project. On June 5, 2018, by Resolution No. 2018-191 Council approved a fiscal sponsorship agreement with Valley Mountain Regional Center (VMRC) to act as the non-profit sponsor of the project. VMRC is assisting TASP Team by allowing the use of their 501(c)3 status to pursue grants and receive charitable donations to support the development and long-term maintenance of the project. #2..
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Finance Committee, June 26, 2023
Playground Equipment Purchase for The Awesome Spot Playground

On September 27, 2022, by Resolution No. 2022-397, Council approved the purchase of a Sensory Wall from Park Planet at a cost not to exceed $172,400. It was noted at the time that there would be future playground equipment purchases necessary to complete Phase 1 of the project. This request is one of those future purchases and there will be additional requests from other manufacturers at a future date.

DISCUSSION:

The total estimated project budget is approximately $5.7 Million. To date, the TASP Team has received donations or pledges totaling approximately $2.3 Million and on July 14, 2022, the TASP team held a groundbreaking event for Phase 1 of the construction. Site demolition and grading began in July 2022, and the TASP team has asked that the City of Modesto purchase play equipment elements for phase 1 of the playground. This purchase is for a portion of the play equipment and there will be additional play equipment purchases necessary in the future.

On, May 25, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for the purchase of Playground Equipment for TASP. On November 10, 2020, Sourcewell issued Request for Proposals (RFP) # 010521 under Contract NO.010521-LSI for playground and water play equipment with related accessories and services advertised on the Sourcewell website,1 USA Today2, The Oregon Daily Journal3, The Public Group4, The state media company5, The New York state contract reporter6, Alberta Purchasing Connection7, and The Salt Lake Tribune8. On January 5, 2021, proposals were electronically opened, and the list of all Proposers was made publicly available in the Sourcewell Procurement Portal. Twenty-five (25) proposals were received and based on the Sourcewell Proposal review committee and criteria outlined in the RFP, six (6) contracts were awarded9 for this commodity which includes a portion of the playground equipment for TASP. Base on the responsive and responsible proposer offering the play equipment necessary for this project10, City staff recommends award to Landscape Structures, Delano, MN., to purchase playground equipment for an amount not to exceed $226,786.

Sourcewell is a cooperative agency which streamlines the procurement process by developing RFB’s or RFP’s for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Sourcewell to offer exceptional products from nationally acclaimed vendors.

Landscape Structures, Inc. was awarded contract #4-23-02-1051 effective February 23, 2023, through February 17, 2025. Through this contract, Landscape Structures has provided a quote for playground equipment for The Awesome Spot in the amount of $206,169. 1 www.proportal.sourcewell-mn.gov
2 USA
3 The Oregon Daily Journal
4 www.publicpurchase.com
5 The state media company newspaper
6 The New York State Contract Reporter
7 www.rmalberta.com
8 Utah Media Group, The Salt Lake Tribune
9 BCI Burke Co, LLC, Landscape Structures, Play Power, Raindrop Products, LLC., Softsurfaces Inc and Waterplay Solutions.
10 Conformance to RFP Requirements, Financial Viability and Marketplace Success, Ability to Sell and Deliver Service, Marketing Plan, Value Added Attributes, Warranty, Depth and Breadth of Offered Equipment, Products, or Services, and Pricing.
#2..
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Finance Committee, June 26, 2023
Playground Equipment Purchase for The Awesome Spot Playground

In addition, due to fluctuating material cost, staff recommends Council approve a 10% contingency budget in the amount of $20,617 for a total cost not to exceed $226,786.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City could be served. Both requirements were met based on the Competitive Bidding Process selected by Sourcewell/CMAS.

The installation of the play equipment is not included in the purchase price. The installation will be completed at no cost to the City by Harris Builders, Inc., a local contractor who has volunteered their time to serve as the general contractor for TASP. A memorandum of understanding was executed on July 18, 2022, which provides permission for Harris Builders, Inc. to act as the general contractor and construct TASP at Beyer Community Park.

FISCAL IMPACT:

Funding for this project is budgeted in the Capital Improvement Project #100984 (Awesome Spot Playground).

ESTIMATED CITY EXPENSES:

Playground Equipment $ 206,169
10% Contingency $ 20,617
Total Cost $ 226,786
CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2022-01 and determined the project is categorically exempt from CEQA due to the fact that it is a replacement of an existing facility which has substantially the same purpose, is located at the same site and is not anticipated to significantly increase the use of the park. As well, ARPA Funded projects are not subject to NEPA review per the Treasury Department’s guidelines for use of these funds.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Landscape Structures, Inc. for the Purchase and Delivery of playground equipment for The Awesome Spot Playground at Beyer Community Park, for a total amount not to exceed $226,786, and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Manager
#2..
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Finance Committee, June 26, 2023
Playground Equipment Purchase for The Awesome Spot Playground

Joseph P. Lopez, City Manager
Attachments:

1. Landscape Structures Purchasing Agreement, 4-23-02-1051

2. Landscape Structures, Inc. Quote

3. Scoring Abstract
#2..
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Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California

MULTIPLE AWARD SCHEDULE

NON-MANDATORY
Landscape Structures Inc. Categories Information
CMAS NUMBER: 4-23-02-1051
CMAS TERM DATES: 02/23/2023 through 02/17/2025
EFFECTIVE DATE: 02/23/2023
CMAS CATEGORY: Non-Information Technology Commodities

APPLICABLE CMAS
TERMS & CONDITIONS: January 20, 2022
MAXIMUM ORDER LIMIT:

State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SOURCEWELL #: 010521-LSI
BASE SOURCEWELL HOLDER: Landscape Structures Inc.

PROGRAM ANALYST Katelynne Leisenring
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, and installation of playground, shade, and splash play equipment for parks. (See page 3 for the restrictions applicable to this CMAS.) NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.

If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.

Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as shown in the base contract are not applicable to this CMAS.

The services provided under this CMAS are only available in support of the products covered by this CMAS.
#2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 2 State agencies cannot use this CMAS to purchase products available through the California Prison Industry Authority (CALPIA) without a one-time exemption from CALPIA. Agencies may request an exemption at the CALPIA website. A copy of the approved exemption must be kept with the purchase order in the procurement file for audit purposes.

The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.

Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.

CMAS contractor non-compliance with the requirements may result in termination. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 3

CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base contract for the products and/or services available.

Brand-Landscape Structures
Floor Cov-Sport Flooring
Floor Cov-Synthetic Turf
Outdoor-Benches
Outdoor-Bike Stand
Outdoor-Picnic Table
Outdoor-Waste Receptacle
Playground-Equip
Playground-Equip Shade
Playground-Surface Rubberized
Service-Equipment Installation

AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, and installation of playground, shade, and splash play equipment for parks.

The ordering agency must verify all products and services are currently available on the base Sourcewell contract. To obtain the pricing for the contract, email Heidi Murray ([email protected]) or Joram Manka ([email protected]) and request the most up-to-date pricelist.

EXCLUDED PRODUCTS AND/OR SERVICES
Public works services for State Agencies, Landscape Structures custom quoted products, engineered drawings/structural calculations, and other miscellaneous related products and services are not available under this CMAS.

ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:

Landscape Structures Inc.
601 7th Street South
Delano, MN 55328
Attn: Elaine Harkess
E-mail: [email protected]
#2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 4 Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:

Contact: Elaine Harkess
Phone: (763) 972-5243
E-mail: [email protected]
Website: https://www.playlsi.com/
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for non-IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.

CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 030655800. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.

MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.

CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base contract.

The ordering agency is encouraged to seek prices lower than those in the base contract. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.

PRICE DISCOUNTS
This CMAS contains significant price discounts off the manufacturer’s list price and dollar volume discounts. See the base contract for the specific discount percentage. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 5 EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

DARFUR CONTRACTING ACT
This CMAS contractor has certified compliance with the Darfur Contracting Act, per PCC 10475. It is the agency’s responsibility to verify that the contractor has a Darfur Contracting Act Certification on file.

IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.

It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.

CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.

WARRANTY
For warranties, see the base contract and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.

DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.

LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 6

SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges.

PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.

No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.

HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 7 • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.

Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.

AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.

It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.

CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.

SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.

This provision does not apply to local government agencies. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 8

ORDERING PROCEDURES

1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:

Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.

FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:

Local government agencies may use their own purchase order document for purchase execution.

The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.

The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.

2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.

3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 9 • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.

4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.

SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:

Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.

Amendments unique to Non-IT Services:

If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.

CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a large business enterprise.

SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.

CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.

In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 10

SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.

SMALL BUSINESS/DVBE - SUBCONTRACTING

1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.

2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.

3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.

CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
#2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 11 WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:

1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.

2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.

In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.

PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.

The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.

NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.

SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.

For a Non-IT goods CMAS, see the CMAS Non-IT Commodities Terms and Conditions, Provision 69, Progress Payments.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 12

TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.

Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.

STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.

Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.

ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.

PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.

Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.

The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.

PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.

Local Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 13 Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.

The bond amount for public works is not less than 100% of the purchase order price.

NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).

Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.

State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.

The CMAS contractor’s California Contractor's License number is 840892. This is a Class A General Engineering, B General Building, D-12 Synthetic Products, and D-34 Prefabricated Equipment (Furniture) license that is valid through 06/30/2024.

NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.

CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.

Agency and CMAS contractor use of the NSP provision is subject to the following requirements:

1. Purchase orders containing only NSP items are prohibited.

2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.

3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base contract may not be identified as an NSP item. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 14

4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.

5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.

6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.

7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.

The following NSP items are specifically excluded from any order issued under this CMAS:

1. Items not intended for use in direct support of the priced items included in the same order.

An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base contract, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base contract, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.

2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.

3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.

4. Any other item or class of items specifically excluded from the scope of this CMAS.

5. Public Works and other services NOT in support of the products covered by this CMAS.

6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.

7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 15 The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.

STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.

PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.

PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.

SELF-DELETING BASE CONTRACT TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base contract and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).

Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.

Federal blanket orders and small order procedures are not applicable.

ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base contract, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).

APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 16

PAYMENTS AND INVOICES

1. Payment Terms
Payment terms for this CMAS are net 45 days.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.

2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.

3. DGS Administrative and Incentive Fees
Orders from State Agencies:

DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.

Orders from Local Government Agencies:

CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.

The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.

For more information on the incentive fees see the CMAS Management Guide. #2..
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 17

4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.

The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.

5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).

It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.

Software warranty upgrades and extensions may also be paid for in advance, one time.

6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).

7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
LANDSCAPE STRUCTURES INC.

CMAS NUMBER 4-23-02-1051
December 09, 2022 Ordering Instructions and Special Provisions 18

8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).

For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.

The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.

9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.

OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base contract are available on the front page of this CMAS agreement.

It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline verification that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific location in the base contract that include the required products, services, and prices.

Once verified, agencies should save the information for their file documentation.

FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.

AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website. #2..
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Est Lead Time Check with Sales Rep
Quote Exp Date 5/31/2023
Quote Date 5/10/2023
Modesto, California
United States
Ship To
Ship To Name Awesome Spot Playground

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH
DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035
Fax: 763-972-3185
Quote Name Awesome Spot 2-5 Play Area
Quote Number 00040365
City of Modesto Finance
Atten: Accounts Payable
P.O. Box 642
Modesto, California 95353-0642
United States
Bill To
Bill To Name City of Modesto
CMAS Contract #4-23-02-1051
CMAS Proposal
$206,168.89
[email protected]
707.736.6897
00040365
Ross Recreation Equipment, Inc.

Alex Hailey
Thank you for the opportunity to quote your
upcoming project. PLEASE NOTE: Quote does

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL

CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY
Total $206,168.89
Freight Amount $24,555.41
Labor Amount $1,080.00
Tax Amount $14,716.28
Materials Amount $165,817.20
Quantity Product Product Description Sales
Price Total Price

1.00 Independents-LSI Landscape Structures Freestanding Welcome Sign for Ages 2-5 (without LSI logo) $670.00 $670.00

2.00 Custom LSI
Independents Landscape Structures Antelope Spring Rider $2,925.00 $5,850.00

1.00 Custom LSI
Independents Landscape Structures 80" Hillside Rollerslide $26,086.00 $26,086.00

1.00 Custom LSI
Independents Landscape Structures 80" Custom Hillside Double Stainless Steel Slide $29,260.00 $29,260.00

1.00 158106A Landscape Structures Chatter Noodle Talk Tube $2,660.00 $2,660.00

1.00 Custom LSI
Independents
Landscape Structures Custom 86" Hillside Stainless Steel Tunnel Slide w/ View Tube Window $31,125.00 $31,125.00

1.00 LSI Skyways Landscape Structures Skyways Joined Sails Design w/ 10 columns + 8 HDPE Fabric tops, entries 8'-20' $84,585.00 $84,585.00

1.00 Engineering Fees
Structural Engineering Calculations for Skyways Joined Sail Shade only. May take 4-6 weeks to complete engineering. Soils report is helpful if available, but not required.

Customer must approve before fabrication can begin. Revisions to engineering calculations may require a change order. Lead time for equipment/materials will not begin until receipt of approved engineering to ensure proper manufacturing per engineering specifications.
$1,080.00 $1,080.00

1.00 CMAS LSI
Discount
CMAS LSI Discount
CMAS Contract #4-23-02-1051 -$5,407.05 -$5,407.05

1.00 CMAS Ross
Discount CMAS Ross Discount -$9,011.75 -$9,011.75
Notes to Customer
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Est Lead Time Check with Sales Rep
Quote Exp Date 5/31/2023
Quote Date 5/10/2023
Modesto, California
United States
Ship To
Ship To Name Awesome Spot Playground

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH
DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035
Fax: 763-972-3185
Quote Name Awesome Spot 2-5 Play Area
Quote Number 00040365
City of Modesto Finance
Atten: Accounts Payable
P.O. Box 642
Modesto, California 95353-0642
United States
Bill To
Bill To Name City of Modesto
CMAS Contract #4-23-02-1051
CMAS Proposal
$206,168.89
[email protected]
707.736.6897
00040365
Ross Recreation Equipment, Inc.

Alex Hailey
not include installation, offload, payment and
performance bonds, engineering calculations,
security, storage, permits, inspection or safety
surfacing, unless otherwise noted. Unless noted,
freight costs are based on semi-truck access and
do not include a lift-gate.

Deposits may be required before an order can
be placed depending on customer credit terms.

Your purchase is subject to the terms and
conditions of this quote. Approval of this quote
agrees to those terms.

If ordering materials after the quoted expiration
date, please contact your sales representative
for current pricing. Due to material cost
increases and a fluid pricing environment, Ross
Recreation cannot hold pricing past the stated
Expiration Date on this quote. To secure current
pricing, Ross Recreation will require the
following:
- PO, signed quote or contract with approval for
the order.
- Deposit if required by credit terms.
- Color selections and/or approved submittals.
- Acceptance of delivery when materials or
equipment is ready to ship. Products cannot be
held nor stored.

Sales tax will be based on the current rate at the
time of shipping, not the order date. Customer
will be expected to cover these, or any changes,
to sales taxes.

Signature _________________________________
Name ____________________________________
Title _____________________________________
Date _____________________________________
LANDSCAPE STRUCTURES, INC. CUSTOMER RECEIPT OF AN

ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH
APPROVAL.
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ABC WATER PRODUCTS
INC AquaWorx, Inc. BCI Burke Company, LLC
Berliner Seilfabrik Play
Equipment Corporation
Columbia Cascade
Company CXT Inc Ecore International
Henderson Recreation
Equipment Limited Industrial Shadeports Inc.

Keystone Ridge Designs,
Inc. Landscape Structures Inc. North West Rubber PlayPower Possible Points
Conformance to RFP
Requirements 50 32 39 42 37 37 35 37 41 35 43 44 41 43
Pricing 400 322 335 329 278 308 344 323 322 334 336 330 325 342Financial Viability andMarketplace Success 75 49 54 66 54 51 61 60 57 52 62 66 56 68Ability to Sell and Deliver Service 100 69 81 83 71 65 78 78 78 65 81 83 80 87
Marketing Plan 50 36 42 43 35 37 39 38 37 38 42 43 37 44Value Added Attributes 75 45 59 65 57 57 63 60 61 62 63 67 56 67Warranty 50 42 43 44 42 39 38 40 44 43 42 42 41 43Depth and Breadth of Offered Equipment,Products, or Services 200 156 155 166 147 148 123 141 154 135 144 177 138 178 Total Points 1,000 751 808 838 721 742 781 777 794 764 813 852 774 872Rank Order 20 10 5 23 22 14.5 16 13 19 8 2 17 1 Prophet Corp.

Public Restroom
Company Raindrop Products LLC Rubbercycle LLC RyͲLecia Corp Saris Cycling Group SofSurfaces, Inc The Fountain People The Recreational Group TLMV Inc dba American
Fence Company Vortex USA Waterplay Solutions
Possible Points
Conformance to RFP
Requirements 50 42 38 41 37 36 36 43 36 41 37 41 44
Pricing 400 332 316 343 330 259 328 333 311 346 307 299 341 Financial Viability and
Marketplace Success 75 58 62 64 60 51 56 62 60 57 49 64 64 Ability to Sell and Deliver
Service 100 78 73 83 80 60 74 85 76 76 62 84 82
Marketing Plan 50 44 43 45 36 30 40 44 40 42 37 43 43
Value Added Attributes 75 62 61 66 60 34 60 65 58 58 52 62 67 Warranty 50 45 43 43 43 37 41 46 43 42 42 40 42
Depth and Breadth of
Offered Equipment,Products, or Services 200 158 130 166 151 136 115 148 157 147 134 166 164 Total Points 1,000 819 766 851 797 643 750 826 781 809 720 799 847 Rank Order 7 18 3 12 25 21 6 14.5 9 24 11 4
Kim Austin, MBA, CPPB, Procurement Lead Analyst Michael Muñoz, CPPB, Procurement Analyst Carol Jackson, Procurement Analyst Beverly Hoemberg, Procurement Analyst Proposal Evaluation
Playground and Water Play Equipment with Related Accessories and Services RFP #010521 







  
 

 

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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 26, 2023
Date: June 5, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Revised Spending Plan for Phase 1 ARPA funding allocated to the Tuolumne River Regional Park
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider the Parks, Recreation and Neighborhoods revised spending plan for the use of Phase 1 American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP) and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In April 2021, President Biden signed into law the American Rescue Plan Act (ARPA) a $1.9 trillion emergency relief measure intended to address the economic hardships and negative impacts caused by the COVID-19 pandemic. The bill provides $45,897,056 available to the City of Modesto to help address the local impact of COVID-19. On May 25, 2021, by Resolution 2021-194, Council approved the Pandemic Recovery Strategy, Modesto Forward, and the associated spending plan for the first allocation of ARPA funding.

Based on the Final Rule released by the Treasury Department in January 2022, the Parks, Recreation and Neighborhoods Department evaluated the previously allocated funding and prepared a revised spending plan. On July 12, 2022, by Resolution 2022-307, said plan was approved by Council.
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Finance Committee, June 26, 2023
Revised Spending Plan for Phase 1 ARPA funding allocated to the Tuolumne River Regional Park

Included in the approved revised spending plan was $105,000 for Vegetation Management along Legion Park Drive, $175,000 for an update to the TRRP Master Plan, $120,000 for Parks Security Cameras in TRRP and $350,000 for the American Legion Hall Parking Lot Replacement Project. The Vegetation Management, TRRP Master Plan Update and Security Cameras in TRRP are either complete or on their way toward completion and are recommended to remain as budgeted at this time. Unfortunately, on July 21, 2022, the American Legion Hall was heavily damaged by fire and the building was deemed a total loss. Since the building was in the floodway of the Tuolumne River, rebuilding it was not a feasible option and the building was demolished in January 2023.

DISCUSSION:

Since the $350,000 is allocated for a project located in the Tuolumne River Regional Park (TRRP), staff has reviewed the list of priority needs in TRRP and recommends the funds be reallocated to the renovation of the Picnic Area and Restroom Building in TRRP B which will encourage positive use of the park.

The TRRP Citizens Advisory Committee (CAC) and Commission considered the reallocation of ARPA funds and approved the new use of funds on January 25, 2023, and February 8, 2023, respectively.

FISCAL IMPACT:

Funding for the TRRP B Improvements is allocated to Capital Improvement Program (CIP) project #101432 – TRRP B – Picnic and Restroom EC. 2.22, in the TRRP Special Revenue Fund 6720.

CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2022-01 and determined the project is categorically exempt from CEQA due to the fact that it is a replacement of an existing facility which has substantially the same purpose, is located at the same site and is not anticipated to significantly increase the use of the park. As well, ARPA Funded projects are not subject to NEPA review per the Treasury Department’s guidelines for use of these funds.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Parks, Recreation and Neighborhoods revised spending plan for the use of American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP); amending the Fiscal Year 23/24 Capital Improvement Program and Non-Capital project budgets to fund the projects outlined in the attached ARPA Phase 1 Revised Spending Plan for TRRP and forwarding to Council for approval. #3..
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Finance Committee, June 26, 2023
Revised Spending Plan for Phase 1 ARPA funding allocated to the Tuolumne River Regional Park

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Manager
Joseph P. Lopez, City Manager
Attachments:

1. ARPA Phase 1 Revised Spending Plan for TRRP Projects #3..
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ARPA State and Local Fiscal Recovery Funds (SLFRF) Phase 1 Spending Plan for TRRP Improvements Park Improvement Description
Original
Allocation
Revised
Allocation
Timeline for
Completion ARPA Funding Category
TRRP
TRRP Master Plan Update / Economic
Development Strategy Plan $175,000 $175,000 Summer 2024 General ARPA Funds TRRP - Legion Park Area Vegetation Management in TRRP Legion Park Area
$105,000 $105,000 Complete

2. Negative Economic Impacts -Strong
Healthy Communities: Demolition and
Rehabilitation of
Properties (EC 2.23) - Backlogged
Maintenance to a Park in a Qualified
Census Tract
TRRP - Throughout 10 Park Security Cameras in TRRP $120,000 $120,000 Fall 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to a Park in a Qualified
Census Tract
TRRP - Legion Hall
American Legion Hall Parking Lot Replacement
(approximately 40,000 SF parking area) and
Outdoor Improvements
$350,000 $0 Fall 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to a Park in a Qualified
Census Tract
TRRP - Legion Hall Renovation of TRRP Picnic Area B and associated restroom building $0 $350,000 Summer 2024

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to a Park in a Qualified
Census Tract
Subtotal $750,000 $750,000
Tuolumne River - Economic Development Strategy intended to help improve the vitality of the River ($750,000 Total) #3..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 26, 2023
Date: June 5, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Federal Aviation Administration and State of California, Division of Aeronautics Grant Programs
CONTACT: Gabe da Silva, Airport Manager [email protected] 209-577-5319 DESCRIPTION:

Consider the submittal of Grant Applications to the Federal Aviation Administration and the State of California Department of Transportation, Division of Aeronautics for eligible Airport Improvement Projects, and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item is in conformance with the City of Modesto Strategic Plan Area: Economic Vitality Goals and Strategies. “Retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation”; Goal F: “Build and promote a recognizable and desirable identity for the City of Modesto”.

BACKGROUND:

The Modesto City-County Airport (Airport) is a Federally obligated facility and is required to meet Federal Aviation Administration (FAA) and State of California Department of Transportation (DOT) Division of Aeronautics standards, including maintaining perimeter fencing, runways, taxiways, aircraft parking areas, landing systems and/or any other surfaces or areas deemed for aeronautical use. The Airport receives annual entitlements in the amount of $100,000 per year that can be applied for to be used for Airport Improvement Projects (AIP) that are identified on the Airport Capital Improvement Plan (ACIP). The Airport applies for these funds as they accumulate, or further discretionary funds become available for eligible projects defined by the ACIP.

DISCUSSION:

Under Administrative Directive – Grant Management 7.2, all grant applications that require a local match regardless of dollar threshold must be approved by City Council. #4..
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Finance Committee, June 26, 2023
Federal Aviation Administration and State of California, Division of Aeronautics Grant Programs

Grant application windows can sometimes be short depending on the type of funds available or other circumstances such as working with a consultant and awaiting documentation. This has proven to be problematic causing a potential to miss the application window pushing these opportunities out many months before the new application window opens.

The Airport most recently was engaged with our consultant Kimley Horn looking to obtain a project scope with associated costs to apply for an FAA Grant in the amount of $54,000 for the design upgrades to the Airport Vault and Air Traffic Control Tower Vault. This design would encompass the Airfield Lighting and Control Monitoring System and Airfield regulators. Due to finding out just a short time ago the Airport had entitlement funds that were eligible for this project and being that this is a project with a local match, staff did not have enough time to gather information and submit the application through the Committee and Council process prior to the July 1, 2023 deadline. With this shortened timeline, staff would have to wait until October 2023 to submit the application thus pushing the project further out.

FISCAL IMPACT:

AIP projects have a required match, 90% Federal and 10% Local. The local match from the Airport comes from either the Airport Operating Fund or the Stanislaus County Aircraft Tax Fund which neither impact the general fund. Upon grant awards, items will be brought to Committee and Council to amend the budget and will include the specific fund that will be used for the local match portion. Both the Airport Operating Fund and the County Aircraft Tax Fund have sufficient reserves to meet local match requirements.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the submittal of applications to the Federal Aviation Administration (FAA) and State of California Department of Transportation (DOT) Division of Aeronautics for Airport Improvements, and authorizing the City Manager or his designee, to sign Grant Applications and related forms, and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P Lopez, City Manager
#4..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 26, 2023
Date: June 5, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call CEQA Environmental Planning and Compliance Services Agreements CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider On-Call Agreements for CEQA Environmental Planning and Compliance Services with GEI Consultants, of Rancho Cordova, CA, and Montrose Environmental, of Sacramento, CA, and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The California Environmental Quality Act (CEQA) requires that proposed projects identify the environmental impacts and determine mitigations, if necessary, from the impacts the project could have on the environment. The City of Modesto intends to acquire property, rights-of-way and easements for several different Capital Improvement Program (CIP) Projects and conduct potential construction activities on current City-owned properties and rights-of-way which may require CEQA Environmental Planning and Compliance Services support to confirm environmental impacts and regulatory compliance during the lifetime of said activities.

Retaining on-call professional consultants allows the Department to have quick access to CEQA Environmental Planning and Compliance Services when needed. On-call professional services consultants provide project assistance utilizing experienced staff and eliminate the need to send out repetitive Requests for Qualifications (RFQ) for projects of similar scope and/or type, saving staff time and project costs.
#5..
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Finance Committee, June 26, 2023
On-Call CEQA Environmental Planning and Compliance Services Agreements

DISCUSSION:

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualifications and Proposals (RFQ/RFP) was formally advertised through Planet Bids for OnCall CEQA Environmental Planning and Compliance Services on February 9, 2023. Two Statements of Qualifications/Proposals were received.

After careful review of the Statements of Qualifications/Proposals by a selection committee comprised of Utilities Department Staff, the following two firms were selected as the most qualified to provide On-Call CEQA Environmental Planning and Compliance Services:
 GEI Consultants, Rancho Cordova, CA
 Montrose Environmental, Sacramento, CA
When On-Call CEQA Environmental Planning and Compliance services are required, on an “as needed” basis, written task orders will be issued to the consultant identifying the scope, cost, and schedule to complete the specific task.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, these agreements are for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFQ/RFP process pursuant to Administrative Directive 3.1. Staff recommends the approval of agreements with GEI Consultants and Montrose Environmental for On-Call CEQA Environmental Planning and Compliance Services.

FISCAL IMPACT:

Costs for On-Call CEQA Environmental Planning and Compliance Services are not expected to exceed $75,000 per agreement per year, or $225,000 over three years; With a total cost not to exceed $150,000 per year, or $450,000 over three years for both agreements combined.

No new budget allocations are required at this time. To fund consultant work for project-specific task orders, funds will be budgeted and encumbered against each CIP project account as the task order is assigned.

CEQA/NEPA REQUIREMENTS:

The approval of these agreements does not constitute a project for the purposes of the California Environmental Quality Act (CEQA).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an On-Call CEQA Environmental Planning and Compliance Services Agreement with GEI Consultants, of Rancho Cordova, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years and forwarding to Council for approval.

Motion recommending an On-Call CEQA Environmental Planning and Compliance Services Agreement with Montrose Environmental, of Sacramento, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years and forwarding to Council for approval.
#5..
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Finance Committee, June 26, 2023
On-Call CEQA Environmental Planning and Compliance Services Agreements

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. GEI – Agreement

2. GEI – Exhibits to Agreement

3. Montrose – Agreement

4. Montrose – Exhibits to Agreement
#5..
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ON-CALL AGREEMENT FOR CEQA ENVIRONMENTAL

PLANNING AND COMPLIANCE SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ___ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and GEI CONSULTANTS, INC., a Massachusetts corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call CEQA Environmental Planning and Compliance Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call CEQA Environmental Planning and Compliance Services.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. #5..
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The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one- (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($75,000) per year, and a sum not to exceed TWO HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($225,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set #5..
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forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Ray Weiss will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person. #5..
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6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.
#5..
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Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. #5..
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Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #5..
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It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address #5..
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respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: GEI Consultants
Address: 2868 Prospect Park Drive, Suite 400
Rancho Cordova, CA 95670
Attention: Ray Weiss
Phone: (916) 631-4500
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified #5..
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herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the #5..
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Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, #5..
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employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the #5..
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termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide #5..
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sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of #5..
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termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, #5..
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or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) #5..
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depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement. #5..
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Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #5..
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EXHIBIT A

SCOPE OF SERVICES
• Interpret and apply environmental quality laws and regulations to ensure that City projects comply with state and federal laws such as:
o California Environmental Quality Act (CEQA);
o National Environmental Policy Act (NEPA);
o National Pollutant Discharge Elimination System (NPDES); and other environmental policies which may apply based on project scope and activities; • Assists in preparing requests for proposals, consultant selection, contract preparation, and contract management for environmental services;
• Confer with, and advise city staff regarding environmental laws, regulations, and policies;
• Prepare initial studies (IS), notices of intent (NOI), Notices of Exemption (NOE), Notices of Determination (NOD), Negative Declarations (ND), Mitigated Negative Declarations (MND), and assist in preparing or reviewing environmental impact reports in order to communicate findings of conformance (FOC) of proposed projects; • Attend public meetings in regard to the above matters as directed; • Coordinate with City and Agency staff in furtherance of the completion of the above tasks.

The Consultant will be responsible for direct coordination with all parties that are pertinent to the services provided. This includes, but is not limited to: property owners and/or occupants, Site personnel, managers, and caretakers, and public agencies or officials.
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EXHIBIT B
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ON-CALL AGREEMENT FOR CEQA ENVIRONMENTAL

PLANNING AND COMPLIANCE SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ___ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and MONTROSE ENVIRONMENTAL, a Delaware corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call CEQA Environmental Planning and Compliance Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call CEQA Environmental Planning and Compliance Services.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. #5..
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The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one- (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($75,000) per year, and a sum not to exceed TWO HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($225,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set #5..
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forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Debra Lilly will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person. #5..
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6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.
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Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. #5..
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Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #5..
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It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address #5..
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respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Montrose Environmental
Address: 1801 7th Street, Suite 100
Sacramento, CA 95811
Attention: Debra Lilly
Phone: (916) 447-3479 x15838
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified #5..
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herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the #5..
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Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, #5..
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employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the #5..
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termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide #5..
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sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of #5..
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termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, #5..
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or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) #5..
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depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement. #5..
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Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #5..
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EXHIBIT A

SCOPE OF SERVICES
• Interpret and apply environmental quality laws and regulations to ensure that City projects comply with state and federal laws such as:
o California Environmental Quality Act (CEQA);
o National Environmental Policy Act (NEPA);
o National Pollutant Discharge Elimination System (NPDES); and other environmental policies which may apply based on project scope and activities; • Assists in preparing requests for proposals, consultant selection, contract preparation, and contract management for environmental services;
• Confer with, and advise city staff regarding environmental laws, regulations, and policies;
• Prepare initial studies (IS), notices of intent (NOI), Notices of Exemption (NOE), Notices of Determination (NOD), Negative Declarations (ND), Mitigated Negative Declarations (MND), and assist in preparing or reviewing environmental impact reports in order to communicate findings of conformance (FOC) of proposed projects; • Attend public meetings in regard to the above matters as directed; • Coordinate with City and Agency staff in furtherance of the completion of the above tasks.

The Consultant will be responsible for direct coordination with all parties that are pertinent to the services provided. This includes, but is not limited to: property owners and/or occupants, Site personnel, managers, and caretakers, and public agencies or officials.
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Montrose Environmental Solutions
2023 List of Chargeable Rates
Staff
Classification Hourly Rate
Principal $252
Director II $231
Director I $221
Senior Associate II $210
Senior Associate I $200
Associate II $192
Associate I $184
Analyst II $173
Analyst I $163
Surveyor $142
Technician II $131
Technician I $115
GIS Analyst/CAD Technician $147
Technical Editor $126
Publication Specialist $110
Administrative Assistant $110
Direct Expenses
(10% markup; includessubconsultants)
Item Rate
Mileage Current IRS Rate
($0.655/mile)
Printing (in‐house)
‐ Black/white prints $0.15 per page
‐ Color prints $1.00 per page
‐ CDs(including label and envelope) $1.50 each
Equipment rental
‐ GIS mapping $30/hour
‐ GPS unit or Auger $100.00/day
Outside vendors; including
‐ Equipment rentals At cost plus markup
‐ Document production and supplies
Note: Rates are subject to revision on January 1 of each calendar year.

EXHIBIT B
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 26, 2023
Date: June 5, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call Environmental Site Assessment Services Agreements CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider On-Call Agreements for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, and Tetra Tech, of Rancho Cordova, CA, and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The City of Modesto intends to acquire property, rights-of-way and easements for several different Capital Improvement Program (CIP) Projects and conduct potential construction activities on current City owned properties and rights-of-way which may require preparation, and execution of Phase I, and or Phase II/III Environmental Site Assessments (ESAs) as part of the environmental due diligence associated with the aforementioned activities.

Retaining on-call professional consultants allows the Department to have quick access to Environmental Site Assessment Services when needed. On-call professional services consultants provide project assistance utilizing experienced staff and eliminate the need to send out repetitive Requests for Qualifications (RFQ) for projects of similar scope and/or type, saving staff time and project costs.

DISCUSSION:

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request #6..
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Finance Committee, June 26, 2023
On-Call Environmental Site Assessment Services Agreements

for Qualifications and Proposals (RFQ/RFP) was formally advertised through Planet Bids for OnCall ESA Services on February 9, 2023. Nine Statements of Qualifications/Proposals were received which included one qualified local consultant.

After careful review of the Statements of Qualifications/Proposals by a selection committee comprised of Utilities Department Staff, the following two firms were selected as the most qualified to provide on-call ESA Services:
 Atlas Consulting Group, Modesto, CA
 Tetra Tech, Rancho Cordova, CA
When On-Call ESA Services are required, on an “as needed” basis, written task orders will be issued to the consultant identifying the scope, cost, and schedule to complete the specific task.

Atlas Consulting Group, and Tetra Tech, have extensive experience in executing detailed and successful site assessments, thereby ensuring City projects will meet the minimum environmental due diligence requirements required to avoid any potential environmental impacts or violations.

Their assistance will allow the City to avoid acquiring properties with significant environmental impacts, and thus becoming liable for any outstanding recognized environmental conditions (REC) associated with the properties of interest.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, the two on-call agreements are for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFQ/RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreements for on-call ESA services.

FISCAL IMPACT:

Costs for On-Call ESA Services are not expected to exceed $50,000 per agreement per year, or $150,000 over three years; With a total cost not to exceed $100,000 per year, or $300,000 over three years for both agreements combined.

No new budget allocations are required at this time. To fund consultant work for project-specific task orders, funds will be budgeted and encumbered against each CIP project account as the task order is assigned.

CEQA/NEPA REQUIREMENTS:

The approval of these agreements does not constitute a project for the purposes of the California Environmental Quality Act (CEQA).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an On-Call Agreement for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years and forwarding to Council for approval.

Motion recommending an On-Call Agreement for Environmental Site Assessment Services with Tetra Tech, of Rancho Cordova, CA for one year, not to exceed $50,000, with two one-year #6..
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Finance Committee, June 26, 2023
On-Call Environmental Site Assessment Services Agreements

extension options for a total cost not to exceed $150,000 over three years and forwarding to Council for approval.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Atlas – Agreement

2. Atlas – Exhibits to Agreement

3. Tetra Tech – Agreement

4. Tetra Tech – Exhibits to Agreement
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ON-CALL AGREEMENT

ENVIRONMENTAL SITE ASSESSMENT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this __ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and ATC Group Services, LLC dba Atlas Technical, a Delaware Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Environmental Site Assessment Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Environmental Site Assessment Services.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #6..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed FIFTY THOUSAND AND 00/100 DOLLARS ($50,000) per year, and a sum not to exceed ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Jeanne Homsey, PE will be the person primarily responsible for the performance of the services referred to in this Agreement.

City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.
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Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed #6..
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as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, #6..
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discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #6..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: ATC Group Services, LLC dba
Atlas Technical
Address: 1117 Lone Palm Avenue, Suite B
Modesto, CA 95351
Attention: Jeanne Homsey
Phone: (209) 579-2221
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation #6..
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or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
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(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must #6..
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deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #6..
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Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #6..
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d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
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a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.
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The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure #6..
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of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #6..
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except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and ATC GROUP SERVICES, LLC DBA ATLAS TECHNICAL has caused this agreement to be duly executed in duplicate as of the Effective Date.
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EXHIBIT A

SCOPE OF SERVICES
The preliminary scope of services to be provided by the on-call environmental consultants includes, but is not limited to, the following:
• Preparation of a Phase I Environmental Site Assessment for real estate transaction purposes, prepared in accordance with ASTM 1527-05, and adhering to the U.S.

Environmental Protection Agency All Appropriate Inquiries Rule (AAI), 40 CFR 312, as amended by the Small Business Liability Relief and Brownfield’s Revitalization Act. • Phase I Environmental Site Assessments shall include, at a minimum, the following:
o Narrative indicating purpose of assessment, assumptions, methodology, and other general information pertinent to the ESA;
o Site Description: Description of site, current/proposed use of property, adjoining properties, and structures and improvements;
o Records Review: Review of all standard environmental records resources as recommended in ASTM 1527-05;
o Historical use of property: Description of historical use of property-based maps, photographs, interviews, and other available record data; o Site Reconnaissance: Generally limited to visual observation of available site areas, summarizing pertinent observations;
o Interviews: Include interviews of owners, occupants, local officials, personnel, and other persons that may be pertinent to the specific investigation; o Evaluation: Include findings, and conclusions based on investigation, indication of Recognized Environmental Concerns, and recommendations for additional studies, as appropriate.
• Execution of a Phase II Environmental Site Assessments shall be in accordance with ASTM E1903-27. Phase II ESAs shall reference or contain all information prepared as part of a Phase I ESA, with additional analysis including, but not limited to:
o Detailed narrative of Recognized Environmental Conditions(s) indicated in Phase I ESA;
o Scope of assessment;
o Methodology of field explorations;
o Sampling and analysis of soil, groundwater, and other site materials as appropriate to determine potential contamination;
o Evaluation and summary of results;
o Conclusions and recommendations for further studies or mitigation efforts. #6..
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EXHIBIT A
• Should the results of Phase I and/or Phase II ESAs require the need for a Phase III ESA, the City will issue a separate Request for Proposal to all on-call Environmental Service Providers. Submitted proposals will then be evaluated, with a consultant selected in accordance with City administrative policies. • The Consultant will be responsible for direct coordination with all parties that are pertinent to the execution and preparation of the ESA, including, but not limited to:
o Property owners and/or occupants;
o Site personnel, managers, caretakers;
o Public agencies or officials.
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EXHIBIT B
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ON-CALL AGREEMENT

ENVIRONMENTAL SITE ASSESSMENT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this __ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and TETRA TECH, INC., a Delaware Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Environmental Site Assessment Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Environmental Site Assessment Services.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #6..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed FIFTY THOUSAND AND 00/100 DOLLARS ($50,000) per year, and a sum not to exceed ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the current, generally accepted and professional practices in the same or similar locality under the same or similar circumstances to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Betty Li will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.
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Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed #6..
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as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, #6..
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discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #6..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Tetra Tech, Inc.

Address: 3010 Zinfandel Drive, Suite 200
Rancho Cordova, CA 95670
Attention: Betty Li
Phone: 916-853-4525
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation #6..
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or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
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(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must #6..
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deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #6..
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Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #6..
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d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
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a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.
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The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure #6..
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of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #6..
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except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

27. MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES.

The City and Consultant waive against each other any consequential, indirect, liquidated, punitive, or other special damages arising out of this agreement

28. FORCE MAJEURE.

Neither party will be responsible to the other for damages or delays caused by conditions that are beyond the reasonable control of that party. Such conditions include, but are not limited to: acts of God; acts of government agencies; earthquakes; floods; labor disputes; fire; explosions; terrorism; vandalism; riots; war; epidemics; or unavailability of materials or supplies. The party affected by any such event shall promptly notify the other party, and make every reasonable attempt to minimize delay, and resume performance as soon as reasonably possible.
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and TETRA TECH, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #6..
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EXHIBIT A

SCOPE OF SERVICES
The preliminary scope of services to be provided by the on-call environmental consultants includes, but is not limited to, the following:
• Preparation of a Phase I Environmental Site Assessment for real estate transaction purposes, prepared in accordance with ASTM 1527-05, and adhering to the U.S.

Environmental Protection Agency All Appropriate Inquiries Rule (AAI), 40 CFR 312, as amended by the Small Business Liability Relief and Brownfield’s Revitalization Act. • Phase I Environmental Site Assessments shall include, at a minimum, the following:
o Narrative indicating purpose of assessment, assumptions, methodology, and other general information pertinent to the ESA;
o Site Description: Description of site, current/proposed use of property, adjoining properties, and structures and improvements;
o Records Review: Review of all standard environmental records resources as recommended in ASTM 1527-05;
o Historical use of property: Description of historical use of property-based maps, photographs, interviews, and other available record data; o Site Reconnaissance: Generally limited to visual observation of available site areas, summarizing pertinent observations;
o Interviews: Include interviews of owners, occupants, local officials, personnel, and other persons that may be pertinent to the specific investigation; o Evaluation: Include findings, and conclusions based on investigation, indication of Recognized Environmental Concerns, and recommendations for additional studies, as appropriate.
• Execution of a Phase II Environmental Site Assessments shall be in accordance with ASTM E1903-27. Phase II ESAs shall reference or contain all information prepared as part of a Phase I ESA, with additional analysis including, but not limited to:
o Detailed narrative of Recognized Environmental Conditions(s) indicated in Phase I ESA;
o Scope of assessment;
o Methodology of field explorations;
o Sampling and analysis of soil, groundwater, and other site materials as appropriate to determine potential contamination;
o Evaluation and summary of results;
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EXHIBIT A
• Should the results of Phase I and/or Phase II ESAs require the need for a Phase III ESA, the City will issue a separate Request for Proposal to all on-call Environmental Service Providers. Submitted proposals will then be evaluated, with a consultant selected in accordance with City administrative policies. • The Consultant will be responsible for direct coordination with all parties that are pertinent to the execution and preparation of the ESA, including, but not limited to:
o Property owners and/or occupants;
o Site personnel, managers, caretakers;
o Public agencies or officials.
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EXHIBIT B
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 26, 2023
Date: June 21, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Chemical Agreements for Wastewater Treatment
CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider Agreements for the Purchase and Delivery of Wastewater Treatment Chemicals with Univar Solutions, USA Inc., Kent, WA, Brenntag Pacific, Inc., Santa Fe Springs, CA and Hasa Inc., Saugus, CA, for a total amount not to exceed $210,674, and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City of Modesto's Utilities Department, specifically the Wastewater Services Division, relies on various chemicals in their wastewater treatment process. These chemicals include sodium hypochlorite, sodium hydroxide, sulfuric acid, phosphoric acid, and citric acid. Each of these chemicals plays a crucial role in treating wastewater at different stages, encompassing primary, secondary, and tertiary treatment plants.

DISCUSSION:

The expenses associated with purchasing these chemicals have been significantly increasing during each term of our existing agreement. Our current agreement with Univar USA Inc. is scheduled to expire on October 31, 2026.

To address this issue, the Wastewater Division actively participated in the Bay Area Chemical Consortium (BACC) through the Bay Area Clean Water Agencies (BACWA). BACWA facilitated a bidding process for the procurement of chemicals specifically for wastewater treatment. #7..
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Finance Committee, June 26, 2023
Chemical Agreements for Wastewater Treatment

On January 26, 2023, BACWA initiated a request for bids for a range of chemicals required for wastewater treatment. The bidding process was conducted on the Planet Bids platform, with a deadline set for February 23, 2023, at 4:00 PM (PST).

On February 24, 2023, the results of the Request for Bids (RFB) were published on BACWA's website. After reviewing the competitive pricing offered by various suppliers, our staff recommends entering into a one-year agreement with the following companies: Univar Solutions, USA Inc. from Kent, WA; Brenntag Pacific, Inc. from Santa Fe Springs, CA; and Hasa Inc. from Saugus, CA. The total cost for these Agreements is not to exceed $210,674 and will be terminated on June 30, 2024. The consortium pricing of $203,301, will provide an estimated savings of $160,420.66.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d), “Where the Purchasing Manager, in his/her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manger to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. An award of bid and agreement for the purchase and delivery of Chemicals for Wastewater Treatment for the Utilities Department, Wastewater Division, to Univar Solutions, USA Inc., Kent, WA, Brenntag Pacific, Inc., Santa Fe Springs, CA and Hasa Inc., Saugus, CA conforms to the Modesto Municipal Code because Univar Solutions, USA Inc., Kent, WA, Brenntag Pacific, Inc., Santa Fe Springs, CA and Hasa Inc., Saugus, CA were the lowest responsive and responsible bidders in the competitive bidding process completed by BACWA.

FISCAL IMPACT:

Expenditures over the past seven years for the purchase and delivery of chemicals for wastewater treatment under the previous agreements are listed below:

Fiscal Year Total
FY 16/17 $42,424
FY 17/18 $38,706
FY 18/19 $40,891
FY 19/20 $37,892
FY 20/21 $65,193
FY 21/22 $141,780
FY 22/23 $123,345
Grand Total $490,231
Based on current pricing per chemical, staff estimates a total amount not to exceed $210,674 for one year. Sufficient funds are budgeted in Fiscal Year 2024 in the Sewer Operations Fund. #7..
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Finance Committee, June 26, 2023
Chemical Agreements for Wastewater Treatment

Chemicals Total Tax Total
Brenntag - Sodium Hydroxide 12 dry tons @ $875 ea. $10,500 $932 $11,432 Univar - Citric Acid 4k gal @ $15 ea. $60,000 $5,325 $65,325 Hasa - Sodium Hypochlorite 41k gal @ $3 ea. $123,000 $10,917 $133,917 Grand Total $210,674
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending Agreements for the Purchase and Delivery of Chemicals for Wastewater Treatment with Univar Solutions, USA Inc., Kent, WA, Brenntag Pacific, Inc., Santa Fe Springs, CA and Hasa Inc., Saugus, CA, for a one-year Agreement for a total amount not to exceed $210,674 and forwarding to Council for approval.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Agreement - Brenntag

2. Exhibit A – Brenntag Bid Submittal

3. Exhibit B – Brenntag RFB

4. Exhibit C – Brenntag Bid Tabulation

5. Agreement - Hasa

6. Exhibit D – Hasa Bid Submittal

7. Exhibit E – Hasa RFB

8. Exhibit F – Hasa Bid Tabulation

9. Agreement – Univar

10. Exhibit G – Univar Bid Submittal

11. Exhibit H – Univar RFB

12. Exhibit I – Univar Bid Tabulation
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1 ANNUAL AGREEMENT NO 250082
BRENNTAG PACIFIC, INC.

FOR CHEMICALS FOR WASTEWATER TREATMENT
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of ________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Brenntag Pacific, Inc., hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023- XXX authorizing the Award of Bid and agreement for the supply and delivery of sodium hydroxide to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the supply and delivery of sodium hydroxide as described in RFB 12-2023, attached hereto as Exhibit “C” and made a part hereof (hereinafter called RFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $11,432.

Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item Description Unit of Measure Unit Pricing
Sodium Hydroxide 50% Caustic Dry Ton $875.00

3. CITY REPRESENTATIVE:

CITY Representative is: Ben Koehler, WQC Operations Superintendent, 209-342-4502 Delivery to 7007 Jennings Rd: Jennings Operator, 20-652-8662 Purchasing Department: Carol Wattle, Senior Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:
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3 Richmond Customer Service, (510) 970-7540, [email protected]

5. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one-year.

Year 1: July 1, 2023 through June 30, 2024

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a #7..
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4 new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax. #7..
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5 Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number - 250082
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
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6 10. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement.
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. RFB No. 12-2023
d. CONTRACTOR’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
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7 a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's #7..
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8 SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
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9 c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. NOTICES:
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10 Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Brenntag Pacific, Inc.
10747 Patterson Place
Santa Fe Springs, CA 90670
ATTN: Laura Tua
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

21. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, #7..
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11 ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
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12 24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from #7..
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13 any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

31. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:
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14 If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and Brenntag Pacific, Inc., has caused this Agreement to be duly executed. #7..
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS
BID NO. 12-2023

FOR SUPPLY AND DELIVERY OF SODIUM HYDROXIDE
BID DUE DATE: 4:00 P.M. PT, Thursday, February 23, 2023 BID OPENING DATE: 4:00 P.M. PT, Thursday, February 23, 2023 Coordinating Agency:

Bay Area Clean Water Agencies
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TABLE OF CONTENTS
Page No.

Notice Inviting Sealed Bids 3
Section I – General

1. General Provisions 5

2. Instructions to Bidders 5

3. Special Instructions to Bidders 11

4. Terms and Conditions 16
Section II – Technical Specifications

1. Product Technical Specifications 21
Section III – Participating Agencies

1. Estimated Annual Quantities 31

2. Delivery Details 35

3. Contact List 40
Section IV – Bid Contract Documents

1. Standard Agreement 45

2. Non-Collusion Affidavit 47

3. Bid Form and Worksheet 49
2 #7..
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NOTICE INVITING SEALED BIDS

FOR SUPPLY AND DELIVERY OF SODIUM HYDROXIDE

BAY AREA CHEMICAL CONSORTIUM (BACC)
BID NO. 12-2023
The Bay Area Chemical Consortium (BACC), a cooperative group of public agencies, is seeking competitive sealed bids for the supply and delivery of SODIUM HYDROXIDE. All sealed bids to be considered for this solicitation must be received via our electronic bid platform https://bacwa.org/bacc/ by 4:00 P.M. PT, Thursday, February 23, 2023. Bids received after said date and time will not be considered under any circumstances. Bids submitted by mail or by facsimile will not be accepted. BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

For additional information or any questions concerning this bid, use the public Q&A Forum in our electronic bid system.
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SECTION I

BAY AREA CHEMICAL CONSORTIUM

GENERAL
FOR BID NO. 12-2023

SODIUM HYDROXIDE
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS

FOR SUPPLY AND DELIVERY OF SODIUM HYDROXIDE
BID NO. 12-2023
Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023.

1. GENERAL PROVISIONS
The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies each individually established under the laws of the State of California. For this particular bid solicitation, the participating member agencies include those listed in Section III-1, Estimated Annual Quantities. These participating BACC agencies, acting collectively through their authorized agents, are seeking competitive sealed bids for the supply and delivery of Sodium Hydroxide.

Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023. Bids received after said date and time will not be considered under any circumstances.

BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

If you have any questions regarding this bid, please contact the BACC Coordinators via the electronic bid platform https://bacwa.org/bacc/ Q&A forum. Preliminary bid results will be available via our electronic bid platform shortly after the opening date and time.

2. INSTRUCTIONS TO BIDDERS
To receive consideration, bids must be made in accordance with the following instructions:

2.1 Bid Contract Documents
Bids must be submitted only using the forms provided in Section IV, Bid Contract Documentsthat includes the following: Bid Form, Standard Agreement, and Non-Collusion Affidavit, collectively, the bid contract documents. Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/. Do not submit the Worksheet. Bid prices submitted on Worksheet will NOT be accepted. All items in the bid contract documents must be filled out completely, signed and dated. The bid contract documents may be rejected if they show any omissions, alterations of form, the addition of 5 #7..
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information not requested, a conditional bid, or irregularities of any kind. A complete bid submittal must include all of the following components of the bid contract documents:
• A completed and signed Bid Form, including all the attachments requested; • A fully executed Standard Agreement, including references and acknowledgement of receiving any and all addenda, with any deviations duly noted;
• A fully executed Non-collusion Affidavit.
• The information required by Section 2.21 as referenced in the Bid Form. • Name and address of any Third Party Hauler as required by Section 2.5 and the Bid Form, as well as the affidavit referenced in the Bid Form.

Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Items section).

2.2 Estimated Quantity
The quantities indicated are estimates of anticipated usage for a 12-month period and are given for informational purposes only. Nothing in these estimated annual quantities must be construed as obligating any participating BACC agency to purchase specific quantities, as these quantities may vary depending on actual operating conditions and demands during the contract term. All participating BACC agencies reserve the right to purchase any volume of the chemical listed, at the contract price, regardless of stated estimates of quantities. No price adjustments will be allowed as a result of an increase or a decrease in the quantity purchased. For this particular bid solicitation, the estimated annual chemical quantity of each participating member agencies is listed in Section III-1, Estimated Annual Quantities.

2.3 Delivery Locations
The participating BACC agencies are grouped according to their location by relative geographic region.

The bidder must quote uniform bid prices for deliveries made to each of the distinct geographic regions.

For this particular bid solicitation, the distinct geographic regions for each agency are defined in Section III-1, Estimated Annual Quantities, as well as in Section III-2, Delivery Details.

2.4 Bid Pricing
All bids submitted must include a base unit price, FOB destination, for the chemical for each geographic region per paragraph 2.3 Delivery Locations. Bidders shall provide bid prices via the electronic bid platform https://bacwa.org/bacc/ including all costs associated with providing and delivering the chemical to the agency’s facility, including materials, labor, equipment, transportation, insurance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.

BACC agencies that use a chemical for treating water for resale may be exempt from paying sales tax, and it will be the responsibility of each BACC agency to notify the successful bidder if some or all of their purchases will be exempt from sales tax per paragraph 3.6 Taxes. 6 #7..
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Bid prices must be based on bulk deliveries amount as specified via the electronic bid platform https://bacwa.org/bacc/. Bids that do not include unit prices for bulk deliveries to each geographic region specified on the electronic bid platform will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration. For bulk deliveries of less than this specified amount, the bidder may, at their option, assess additional charges for “short loads” unless specific requirements for smaller deliveries are described in paragraph 3.7 Delivery Requirements. Any additional “short load” charges must be shown by the bidder as a specific deviation on the bid contract documents. Bidders and/or third party haulers will not be allowed to refuse to make “short load” deliveries.

Any optional item will be shown as a separate line item in the electronic bid platform https://bacwa.org/bacc/ and bidders may, at their option, submit unit prices for the optional item. Bids that do not include unit prices for optional item will not be considered irregular and therefore such bids will not be rejected for that reason.

If participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, it will be shown as a separate line item in the electronic bid platform https://bacwa.org/bacc/ . Bidders may, at their option, submit unit prices for deliveries in buckets, barrels, or totes. Bids that do not include unit prices for buckets, barrels, or totes will not be considered irregular and therefore such bids will not be rejected for that reason. If none of the participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, the electronic bid platform https://bacwa.org/bacc/ will not include spaces to enter bid prices for such non-bulk deliveries in containers such as buckets, barrels, or totes, however, if a participating BACC agency later decides that they need deliveries in containers, bidders may, at their option, negotiate with the BACC agency to determine a price for deliveries in containers such as buckets, barrels, or totes.

2.5 Bidder Qualifications
A qualified bidder is one determined by BACC and the participating BACC agencies to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material respects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requirements, and who has the integrity and reliability that will assure good faith and specific performance. Bidders that intend to utilize a third-party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third-party hauling company on the Bid Form. Before submitting a bid, the bidder must carefully examine and read all parts of the bid contract documents and be fully informed as to all existing conditions and limitations. It should be noted that, upon selection and approval of the successful bidder, the entire contents of the bid contract documents will become part of the full contract between the participating BACC agency and successful bidder (see paragraph 3.5 Purchase Orders / Contracts).
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2.6 Authorized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.

2.7 References
The bidder must submit with the bid a list of a minimum of three references that have purchased similar chemicals and services from the bidder. The bidder must provide the company or agency name, contact name, and telephone number for each reference. Whenever possible, bidders should provide references for customers from the same geographic regions as the participating BACC agencies. Bidders may provide references from BACC agencies. These references must be shown on the Standard Agreement contained herein.

2.8 Bid Submittal
Electronic bids will only be received via the electronic bid platform https://bacwa.org/bacc/ by no later than 4:00 P.M. PT, Thursday, February 23, 2023. Electronic bids shall contain all required attachments and information. Bidders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Item section). Bidders are cautioned that failure to comply may result in non-acceptance of the bid. Bids received after said date and time will not be considered under any circumstances. BACC will not be responsible for any delays or transmission errors. Bidder accepts all risks of late delivery of electronic bids. It is the bidder’s responsibility to ensure that bid submitted is received by the electronic bid platform https://bacwa.org/bacc/ prior to scheduled bid opening. Any attachment will remain sealed and will not be opened until the appointed bid opening date and time.

Bidders not receiving confirmation receipt should contact the electronic bid platform vendor https://bacwa.org/bacc/ to make sure that their electronic submittal has gone through.

2.9 Modification, Addenda, and Interpretations
Any explanation desired by the bidders regarding the meaning or interpretation of this particular bid solicitation including the bid contract documents must be requested via the electronic bid platform Q&A Forum at least five (5) business days prior to the time set for the bid opening. Any and all such interpretations or modifications must be in the form of a written request to the BACC Coordinator via the electronic bid platform Q&A Forum. All changes to this particular bid solicitation document including the bid contract documents initiated by the BACC Coordinator will be through written addenda and furnished to all bidders via the electronic bid platform. Addendum will be issued no later than 72 hours before bid opening. Any written addendum issued 72 hours before the date and time of the bid opening will become a part of the bid contract documents and must be acknowledged on the Standard Agreement form that each bidder submits. Failure to acknowledge any and all the addendum(s) on the Standard Agreement form may be cause for rejection of the bid.
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2.10 Modification of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.

Modifications of any bid prices, terms and conditions must be electronically submitted via the electronic bid platform prior to the time of the bid opening. It shall be the responsibility of the respective bidder to determine if their written modification was received in time by electronic bid platform. BACC reserves the right to accept or reject any proposed modifications of the bid terms and conditions.

2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the stated bid opening date and time (closing time) only via the electronic bid platform. The withdrawal request must be executed by the bidder or a duly authorized representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.

2.12 Proposed Deviations from the Specifications by the Bidder Any deviation from the specifications described herein or in a written addendum that is proposed by a bidder must be noted in detail on the Standard Agreement form, and a copy of the proposed specification must be attached to the Standard Agreement form at the time of submission. The absence of a proposed change in the specifications will hold the bidder strictly accountable to the specifications as described herein. If proposed deviations from the specifications are submitted, the bidder’s name should be clearly shown on each document. Each BACC agency will be responsible for individually accepting or rejecting any proposed deviations from the described specifications.

2.13 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and maintain current any and all necessary licenses or certificates.

2.14 Rejection of Bids
The BACC and/or its individual agencies reserves the right to reject any and all bids and reserves the right to waive a bid deficiency or reject a bid for any reason, including but not limited to the following:
informalities, nonconforming, non-responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way. Bidders that plan to utilize a third-party hauling company that refused to deliver to one or more of the participating agencies in the past three (3) years will be rejected as non-responsive.

2.15 Opening Bids
A preliminary bid results showing apparent lowest bid will be available on the electronic bid platform shortly after the bid opening date / time.
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2.16 Method of Award
Bids may be awarded to the lowest responsive and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to delete terms or options from the bid contract documents, and reserves the right to reject any and all bids and to waive irregularities in said bids. The following is a non-inclusive list of criteria that must be used in award of the bid:
a. Unit cost of the chemical
b. Product specifications
c. Warranties or standards of quality
d. Capabilities to deliver product throughout the contract term e. Bidder’s reputation, competency, and previous customer service record f. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
g. Fully executed non-collusion affidavit

2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non-Collusion Affidavit included in the bid document.

2.18 Identical Bids
In the case of tied or identical bids corresponding to the proposed unit costs, BACC reserves the right to award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in paragraph 2.16 Method of Award, then any additional costs described in the “Specific Deviations” such as short load adders, will be used to determine the lowest responsive bidder. If considering additional costs as described in the “Specific Deviations” still doesn’t produce a winning bidder (i.e. if the tied bidders quote identical short load adder prices), then any exceptions or conditions described in the “Specific Deviations” will be considered in an effort to determine the lowest responsive bidder. If the latter still fails to produce a winning bidder, then BACC will draw lots by placing the names of the tied bidders in a hat and drawing a name. If drawing lots is deemed necessary, BACC will schedule a time to draw lots and the tied bidders will be invited to attend and witness the drawing. 10 #7..
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2.19 Material Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.

The samples may be subjected to tests to determine their quality and fitness for the intended uses.

2.20 Bid Summary
Bid proposals will be summarized and reviewed with the BACC agencies following the bid opening. Bid summaries or tabulations will also be provided to the responsive bidders within ten (10) business days following the bid opening. After a careful review of the bids by each of the participating BACC agencies, bids may be awarded based on the criteria outlined in paragraph 2.16 Method of Award.

2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer, signed by an authorized representative on letterhead stationery, attesting to the affidavit’s validity. In lieu of submitting an affidavit of compliance and a letter attesting to the affidavit’s validity, a current printout from the ANSI accredited product certification organization is acceptable.
b. A representative analysis of the chemical to be supplied, as prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified. c. Name and address of the chemical manufacturer.
d. Product Bulletin and Typical Properties.
e. Safety Data Sheet (SDS).

3. SPECIAL INSTRUCTIONS TO BIDDERS

3.1 Chemical Requirements
The chemical to be provided under the terms and conditions of this bid must meet the bid specifications described in the pages that follow.

3.2 Safety Requirements
The bidder, their employees, subcontractors, and/or agents must conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety, and they must adhere to all State, Federal and Occupational Safety and Health Act (OSHA) safety standards, including compliance with any applicable State or local health order related to COVID-19 while they are on the premises of any BACC 11 #7..
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agency. Furnished equipment, materials, and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. The BACC agencies reserve the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of the chemical at the successful bidder’s sole expense. If requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC agency’s site before commencing deliveries to the respective BACC agency. The successful bidder and/or the firm providing transportation of the chemical are required to comply with the site specific safety requirements of each participating BACC agency. Bidders should be aware that some BACC agencies do not allow smoking on site. Site safety requirements will be available for review during the bid period upon request to the BACC Coordinator. In addition, if requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.

3.3 Spillage
The successful bidder must be prepared to provide safety training on the safe handling and use of the chemical and emergency procedures in the event of a leak or spill. Should a chemical spill or leak result due to negligence, faulty equipment, or inferior packaging on the part of the bidder or their agents, the bidder and their agents must be responsible for cleaning the spill or leakage and for bearing any cost incurred due to spill or leakage clean-up. It must be the successful bidder’s responsibility to effect immediate containment, clean-up, disposal, and restoration activities in accordance with the individual facility’s requirements and any and all applicable laws and regulations. All material associated with such clean-up operations must be hauled away and lawfully disposed of at no charge to the agency where the delivery is being made. The property of the agency where the delivery is being made must not be used for such disposal. If the spill is NOT cleaned up, the agency will hire a certified hazardous material handling company to clean up the spill, and the costs incurred, including any fines or penalties which may be imposed by regulating authorities, will be charged to the bidder or deducted from amounts owed.

Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by the participating BACC agency. All chemicals must be delivered in accordance with Department of Transportation regulations.

3.4 Chemical Orders
All orders placed throughout the contract period, as defined in paragraph 4.11 Term of Contract, will be initiated separately by each participating BACC agency, and each BACC agency will be responsible for the coordination of all aspects of those orders with the successful bidder. Inquiries in reference to individual orders during the contract period must be directed to the appropriate BACC agency.

3.5 Purchase Orders / Contracts
Individual purchase orders, purchase agreements, and / or contracts will be issued to the successful bidder by each participating BACC agency, and all chemical sales must be invoiced separately to the respective BACC agency. Each BACC agency may require additional contract requirements specific to the agency which are not included in this bid document and bidders need to contact the agencies for specific details 12 #7..
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and perform due diligence prior to submitting a bid. The contracted unit cost of the chemical is the awarded bid price. The successful bidder may seek a price increase for any nontrivial change requested by the participating BACC agency in the terms and conditions of the participating BACC agency’s purchase order, purchase agreements, and / or contracts. The successful bidder may not change the price throughout the term of the contract unless by mutual written agreement between BACC agency and successful bidder per Section 4.4 Modification of Contract.

3.6 Taxes
Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a consumable water product. The participating BACC agencies that provide potable and/or recycled water to customers will be responsible for providing the successful bidder with these certificates or letter documenting their determination if the chemical they seek to purchase is exempt from sales tax. BACC agencies that do not notify the successful bidder that their agency is exempt from paying sales tax shall be invoiced with sales tax shown as a separate, itemized cost on the invoice. Chemicals purchased solely for the use in wastewater treatment and disposal facilities are subject to sales tax.

3.7 Delivery Requirements
Bidders are responsible for reviewing each of the listed delivery locations or geographic regions for each participating BACC agency and ensuring that their product can be delivered to each location prior to submitting a bid. Bidders that intend to utilize the services of a third party hauling company for some or all of their deliveries are responsible for ensuring that the hauler they have selected can and will deliver their product to each location listed in Section III-2, Delivery Details, and for submitting an affidavit pertaining to assurance with their bid. Failure to provide this assurance and submit an affidavit may be cause for rejecting their bid. Delivery bills of lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh station in addition to a shipping manifest. Delivery times and dates must be coordinated between the successful bidder and each participating BACC agency on a schedule that meets the needs of the BACC agency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC agency requests a later delivery. No delivery can be made when a BACC agency representative is not on site. The successful bidder must notify the BACC agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in-route transportation delays, then notification must be provided as soon as possible to inform the BACC agency of the anticipated delivery date and time.

Persistently late or cancelled deliveries (defined as three or more over the contract period) may be used as a basis for contract termination. Failure to provide notice of late delivery as required by this section may also be a basis for contract termination. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC agency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery. 13 #7..
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3.8 Force Majeure
Any bidder that anticipates a workforce interruption, including due to COVID-19 restrictions, or a production shutdown that could affect delivery of the chemical must fax or e-mail notifications to all participating BACC agencies to notify them of the potential interruption in deliveries. A telephone call must also be made to each BACC agency as a follow-up notification.

3.9 Safety Data Sheet (SDS)
Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term.

3.10 Payments
Payments for all chemicals will be made individually by each participating BACC agency thirty (30) days after receipt of a complete and accurate invoice. BACC itself does not have any legal authority to conduct business and therefore cannot be held responsible for the financial arrangements made between each individual BACC agency and the successful bidder. Cash discounts for early remittance of payment must be stated on the invoice, if applicable. The bidder is responsible for submitting accurate invoices to each BACC agency. The BACC agencies are not responsible for late payments resulting from the submission of inaccurate invoices. If bidder continues to submit inaccurate invoices after being put on notice by the BACC agency, the contract between the bidder and the BACC agency may be terminated.

3.11 Legislative Impacts
In the event the legislative body of any BACC agency fails to appropriate funds for the purchase of the chemical, the respective BACC agency may terminate such contract without penalty and thereupon be released of further obligation.

3.12 Subcontracting
No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of all of the participating BACC agencies.

3.13 Laws and Regulations
All applicable State of California and Federal laws, City, County, and Special District ordinances, licenses, and regulations of all participating BACC agencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19.

3.14 Insurance
For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC 14 #7..
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agency’s risk manager(s) or his/her designee at any time in his/her sole discretion, all relating to the supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per insurable event, must be as follows, however, the insurance limits available to each participating BACC agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

INSURANCE CATEGORY MINIMUM LIMITS
Workers’ Compensation Insurance California Statutory Minimum Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per employee for bodily injury or disease.

Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury, personal injury, and property damage.

Business Vehicle and Automobile Liability
Insurance
$2,000,000 per accident for bodily injury and
property damage.

Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy aggregate.

Prior to commencement of any performance under the contract, the successful bidder must furnish to each participating BACC agency an original Certificate of Insurance, and copies of information or declaration pages for the insurance required with respect to evidence of all policies of insurance required as noted above. All policies of insurance must be endorsed to name the respective BACC agency, their officials, officers, employees, agents, and volunteers as additional insured parties. For any claims related to the contract, bidder’s insurance coverage shall be primary insurance with respect to each participating BACC agency, their officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by any BACC agency party, their officials, officers, employees, agents and volunteers shall be excess of the bidder’s insurance and shall not contribute with it. The successful bidder will be responsible for contacting each participating BACC agency to ascertain the proper name or names of the agency specific entities to be included in the endorsements.

The successful bidder must also provide each participating BACC agency with a MSC-90 endorsement, required for transporters of hazardous materials and/or wastes.

The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire from vendor by virtue of the payment of any loss. Bidder agrees to obtain and provide to each BACC agency any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of each participating BACC agency for all work performed by the bidder, its employees, agents and subcontractors.

The successful bidder must maintain the required insurance at all times while the contract is in effect, and must replace any certificate, policy or endorsement which will expire prior to that date. All policies of 15 #7..
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insurance must be endorsed to provide the required insurance and must not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to each participating BACC agency. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company must mail thirty calendar (30) written notice to the Certificate holder named to the left.”

4. TERMS AND CONDITIONS

4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC agency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this bid document, except those matters arising from the participating BACC agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of any BACC agency, its officials, officers, employees, agents, and volunteers for all legal expenses and costs incurred by each of them.

The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of the contract for the full period of time allowed by law. The defense and indemnity obligations of the contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in the contract.

If the successful bidder should subcontract all or any portion of the work to be performed under the contract, the successful bidder shall require each subcontractor to indemnify, hold harmless and defend each participating BACC agency and each of its officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.

4.2 Bid Protests
Any bid protest must be submitted electronically via email to the BACC Coordinator before 3:30 p.m. on the fifth (5th) business day following bid opening ([email protected]). a. The protest document must be provided as one PDF and must contain a complete statement of the basis for the protest and all supporting documentation and evidence. b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. 16 #7..
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c. The protest must refer to the specific portion of the bid document which forms the basis for the protest.
d. The protest must include the name, address and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through.
i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards.

4.3 Equal Opportunity
The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a condition that any company firm or corporation supplying goods or services, must be in compliance with the Americans with Disabilities (ADA) Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC agency.

4.4 Modification of Contract
This bid solicitation document including the bid contract documents, in conjunction with each BACC agency’s purchase order, purchase agreement and / or contract, will constitute the entire contract between each BACC agency and the successful bidder. The contract may not be modified, altered, or amended except by the mutual written agreement of the respective BACC agency and the successful bidder.

4.5 Common Language
17 #7..
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Unless otherwise specified in this document, all words must be given their plain, common and ordinary meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

4.6 Proprietary Information
All information included in any bid proposal that is of a propriety nature must be clearly marked as such.

Each BACC agency must be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder.

4.7 Patent Guarantee
The bidder must, with respect to any bidder’s standard products, indemnify, defend and hold harmless each participating BACC agency, its employees and agents, from any and all costs and damages because of claims or litigation on account of infringement or alleged infringement of any letters patent or patent rights by reason of the sale or normal use of such products, provided that the bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense of the participating BACC agencies.

4.8 Quality Control
The bidder’s chemical may be inspected and/or sampled before, during, or after any delivery and tested to confirm compliance with all of the specifications. Persistent clogging, deliveries containing significant amounts of debris, and/or chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be rejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to the participating BACC agency.

If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem by the participating agency, the participating agency may remove and dispose of the contaminated chemical and clean the chemical storage tank or tanks and the associated piping all at the bidder’s expense. Payment for the delivered chemical will not be made until the defects are corrected and the chemical is properly replaced and accepted. Repeat failures to comply with the specifications must constitute grounds for termination of the contract.

4.9 Term of Contract
The term of the contract between the respective BACC agency and the successful bidder will be twelve (12) months commencing July 1, 2023, and expiring June 30, 2024, with an option to extend the contract on a year-to-year basis, not to exceed three (3) yearly renewals if conditions and service are satisfactory to both the respective BACC agency and the successful bidder. The price for any succeeding periods of service shall be determined by negotiation between the respective BACC agency and the successful bidder.

4.10 Good Faith Bidding and Contracting
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The participating BACC agencies listed on this bid solicitation are bidding in good faith and have agreed not to extend an existing bid in lieu of contracting with the lowest responsive bidder. However, nothing in this bid solicitation shall prevent a BACC agency from rejecting all bids and separately procuring the services they require, if deemed in the best interest of their respective agency.

4.11 Termination of Contract
Any BACC agency may terminate their contract with the successful bidder for any reason by providing the successful bidder written notice of termination, and specifying the effective date thereof, at least thirty (30) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.12 Termination for Cause
In the event of a breach of any term or provision of the contract by the successful bidder, a BACC agency may terminate the contract with respect to supply of chemicals for that agency by providing the successful bidder with written notice of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.13 Effect of Termination
Any termination by a BACC agency, with or without cause, must not affect the validity of the contract between the successful bidder and any other BACC agency, nor must such action affect any rights, remedies, or obligations of the successful bidder or any other BACC agency.

4.14 Assignment
The successful bidder must under no circumstances assign the contract without the prior written consent of each participating BACC agency. Any assignment, or attempt at assignment, made without such consent of each participating BACC agency may be considered a breach of contract.

4.15 Competitiveness and Integrity
The participating BACC agencies have assigned control of the acquisition process to the BACC coordinating agency identified in the Notice Inviting Sealed Bids of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Bidders are to direct all communications regarding this bid to the designated BACC Coordinator, unless otherwise specifically noted, or unless approved in writing by the BACC Coordinator. Attempts by bidders to circumvent this requirement will be viewed negatively and may result in rejection of the offending bidder’s offer. The BACC Coordinator may refer communications to other participating BACC agencies for clarification. -END OF SECTION19
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SECTION II

BAY AREA CHEMICAL CONSORTIUM

PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 12-2023

SODIUM HYDROXIDE
20 #7..
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PRODUCT TECHNICAL SPECIFICATIONS
SODIUM HYDROXIDE, 20% Solution

1. Typical Analysis:

Characteristics Units Minimum Maximum
Sodium Hydroxide, NaOH Wt % 19 21
Sodium Oxide, Na2O Wt % 14.37 16.28
Sodium Chloride, NaCl PPM 0 100
Sodium Carbonate, Na2CO3 Wt % 0 .15
Sodium Chlorate,NaClO3 PPM 0 <1
Sodium Sulfate, Na2SO4 PPM 0 80
Nickel, Ni PPM 0 0.5 *
Iron, Fe PPM 0 5 *
Mercury, Hg PPM 0 2
Specific Gravity 1.2124 1.2344
• Sodium hydroxide for wastewater treatment applications is allowed to have up to 9 mg/L iron and up to 3 mg/L nickel.

2. Product Specifications:
a. The Sodium Hydroxide (NaOH) shall be in liquid form and shall conform to the current version of the American Water Works Association’s Standard for Caustic Soda B501 and to the Water Chemicals Codex, 1982; except as modified or supplemented herein. b. For all potable water treatment (drinking water) applications the liquid Sodium Hydroxide supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals – Health Effects. The NSF certification for the Sodium Hydroxide (NaOH) bid must be current on the date of the bid submittal. c. It is the responsibility of the Bidder to inform the participating BACC Agency, within 24 hours from the time of verbal or written notification, that NSF certification has been revoked or lapsed.

For all potable water treatment (drinking water) applications, the loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract. d. Bill of lading must clearly identify product delivered to be NSF 60 certified by stamp or type written statement – no handwritten notations will be accepted. Failure to provide clear identification of NSF product will result in rejection of the load at no cost to the participating BACC Agency.
e. Billing weight is defined as delivery weight x percentage Na20 (from lab report)/76.

3. Quality:
a. The liquid Sodium Hydroxide (NaOH) to be delivered in conformity with this bid shall be 20% liquid solution, as specified herein. Caustic defined as “20% solution” must fall within the specified range of 19%-21% active ingredient to meet the requirements of this specification. b. The liquid Sodium Hydroxide (NaOH) shall contain no more than 5 mg/L iron and no more than 2 mg/L mercury and no more than 0.5 mg/L nickel. No exceptions to these limitations will be allowed for any sodium hydroxide provided for potable water treatment applications. However, for sodium hydroxide used for wastewater treatment applications, up to 9 mg/L for iron (Fe) and up to 3 mg/L for nickel (Ni) will be allowed as noted above. For wastewater treatment 21 #7..
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applications, concentrations of iron (Fe) greater than 9 ppm maximum and nickel (Ni) greater than 3 ppm maximum, may cause problems for the customer and therefore may be cause to terminate the contract if any excursions of these concentrations limits for iron or nickel cannot be reduced by the successful Bidder in subsequent deliveries to the respective customer. c. The liquid Sodium Hydroxide (NaOH) shall be free from contaminating substances which could interfere with the normal operation of the customer’s facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.

4. Certificate of Analysis:
a. A certificate of analysis prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified shall be submitted for each liquid Sodium Hydroxide (NaOH) delivery.

The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. The certificate of analysis shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• Sodium Hydroxide NaOH Wt %
• Sodium Oxide Na2O Wt %
• Sodium Sulfate Na2SO4 PPM
• Sodium Chloride NaCl PPM
• Sodium Carbonate Na2CO3 Wt %
• Sodium Chlorate NaClO3 PPM
• Iron Fe PPM
• Mercury Hg PPM
• Nickel Ni PPM
• Density @ 600
lbs/gal
• Specific Gravity
No deliveries will be accepted unless accompanied by the said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications as listed above. b. Charges for certificate of analysis shall be included in the bid price. c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load.

A certificate of analysis that does not meet AWWA Standard B501 shall be cause to reject the delivery.
d. One 200 mL sample of the delivered product shall be provided by the Bidder if requested by the customer either when the order is placed or at the time of delivery. In order to ensure these samples are representative of the chemical being delivered, the samples shall be drawn from the delivery truck at the time of delivery. Samples may be collected from any delivery, and the frequency upon which samples are collected will be entirely at the discretion of the customer.

Samples will be collected at the unloading station, where containment and safety showers are provided. The customer will decide at what point during any delivery that they wish to collect a sample.
22 #7..
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PRODUCT TECHNICAL SPECIFICATIONS
SODIUM HYDROXIDE, 25% Solution

1. Typical Analysis:

Characteristics Units Minimum Maximum
Sodium Hydroxide, NaOH Wt % 23 27
Sodium Oxide, Na2O Wt % 15.5 20.2
Sodium Chloride, NaCl PPM 0 100
Sodium Carbonate, Na2CO3 Wt % 0 0.15
Sodium Chlorate, NaClO3 PPM 0 25
Sodium Sulfate, Na2SO4 PPM 0 80
Nickel, Ni PPM 0 0.5 *
Iron, Fe PPM 0 5 *
Mercury, Hg PPM 0 2
Specific Gravity 1.20 1.35
• Sodium hydroxide for wastewater treatment applications is allowed to have up to 9 mg/L iron and up to 3 mg/L nickel.

2. Product Specifications:
a. The Sodium Hydroxide (NaOH) shall be in liquid form and shall conform to the current version of the American Water Works Association’s Standard for Caustic Soda B501 and to the Water Chemicals Codex, 1982; except as modified or supplemented herein.
b. For all potable water treatment (drinking water) applications the liquid Sodium Hydroxide supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals – Health Effects. The NSF certification for the Sodium Hydroxide (NaOH) bid must be current on the date of the bid submittal.
c. It is the responsibility of the Bidder to inform the participating BACC Agency, within 24 hours from the time of verbal or written notification, that NSF certification has been revoked or lapsed. For all potable water treatment (drinking water) applications, the loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract. d. Bill of lading must clearly identify product delivered to be NSF 60 certified by stamp or type written statement – no handwritten notations will be accepted. Failure to provide clear identification of NSF product will result in rejection of the load at no cost to the participating BACC Agency. e. Billing weight is defined as delivery weight x percentage Na20 (from lab report)/76.

3. Quality:
a. The liquid Sodium Hydroxide (NaOH) to be delivered in conformity with this bid shall be 25% liquid solution, as specified herein. Caustic defined as “25% solution” must fall within the specified range of 23%-27% active ingredient to meet the requirements of this specification. b. The liquid Sodium Hydroxide (NaOH) shall contain no more than 5 mg/L iron and no more than 2 mg/L mercury and no more than 0.5 mg/L nickel. No exceptions to these limitations will be allowed for any sodium hydroxide provided for potable water treatment applications. However, for sodium hydroxide used for wastewater treatment applications, up to 9 mg/L for iron (Fe) and up to 3 mg/L for 23 #7..
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nickel (Ni) will be allowed as noted above. For wastewater treatment applications, concentrations of iron (Fe) greater than 9 ppm maximum and nickel (Ni) greater than 3 ppm maximum, may cause problems for the customer and therefore may be cause to terminate the contract if any excursions of these concentrations limits for iron or nickel cannot be reduced by the successful Bidder in subsequent deliveries to the respective customer.
c. The liquid Sodium Hydroxide (NaOH) shall be free from contaminating substances which could interfere with the normal operation of the customer’s facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.

4. Certificate of Analysis:
a. A certificate of analysis prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified shall be submitted for each liquid Sodium Hydroxide (NaOH) delivery. The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. The certificate of analysis shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• Sodium Hydroxide NaOH Wt %
• Sodium Oxide Na2O Wt %
• Sodium Sulfate Na2SO4 PPM
• Sodium Chloride NaCl PPM
• Sodium Carbonate Na2CO3 Wt %
• Sodium Chlorate NaClO3 PPM
• Iron Fe PPM
• Mercury Hg PPM
• Nickel Ni PPM
• Density @ 600
lbs/gal
• Specific Gravity
No deliveries will be accepted unless accompanied by the said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications as listed above. b. Charges for certificate of analysis shall be included in the bid price. c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load. A certificate of analysis that does not meet AWWA Standard B501 shall be cause to reject the delivery. d. One 200 mL sample of the delivered product shall be provided by the Bidder if requested by the customer either when the order is placed or at the time of delivery. In order to ensure these samples are representative of the chemical being delivered, the samples shall be drawn from the delivery truck at the time of delivery. Samples may be collected from any delivery, and the frequency upon which samples are collected will be entirely at the discretion of the customer. Samples will be collected at the unloading station, where containment and safety showers are provided. The customer will decide at what point during any delivery that they wish to collect a sample. 24 #7..
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PRODUCT TECHNICAL SPECIFICATIONS
SODIUM HYDROXIDE, 30% Solution

1. Typical Analysis:

Characteristics Units Minimum Maximum
Sodium Hydroxide, NaOH Wt % 29 32
Sodium Oxide, Na2O Wt % 22.5 23.7
Sodium Chloride, NaCl PPM 0 100
Sodium Carbonate, Na2CO3 Wt % 0 0.15
Sodium Chlorate, NaClO3 PPM 0 25
Sodium Sulfate, Na2SO4 PPM 0 80
Nickel, Ni PPM 0 0.5 *
Iron, Fe PPM 0 5 *
Mercury, Hg PPM 0 2
Specific Gravity 1.25 1.40
• Sodium hydroxide for wastewater treatment applications is allowed to have up to 9 mg/L iron and up to 3 mg/L nickel.

2. Product Specifications:
a. The Sodium Hydroxide (NaOH) shall be in liquid form and shall conform to the current version of the American Water Works Association’s Standard for Caustic Soda B501 and to the Water Chemicals Codex, 1982; except as modified or supplemented herein. b. For all potable water treatment (drinking water) applications the liquid Sodium Hydroxide supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals – Health Effects. The NSF certification for the Sodium Hydroxide (NaOH) bid must be current on the date of the bid submittal.
c. It is the responsibility of the Bidder to inform the participating BACC Agency, within 24 hours from the time of verbal or written notification, that NSF certification has been revoked or lapsed.

For all potable water treatment (drinking water) applications, the loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract. d. Bill of lading must clearly identify product delivered to be NSF 60 certified by stamp or type written statement – no handwritten notations will be accepted. Failure to provide clear identification of NSF product will result in rejection of the load at no cost to the participating BACC Agency.
e. Billing weight is defined as delivery weight x percentage Na20 (from lab report)/76.

3. Quality:
a. The liquid Sodium Hydroxide (NaOH) to be delivered in conformity with this bid shall be 30% liquid solution, as specified herein. Caustic defined as “30% solution” must fall within the specified range of 29%-32% active ingredient to meet the requirements of this specification. b. The liquid Sodium Hydroxide (NaOH) shall contain no more than 5 mg/L iron and no more than 2 mg/L mercury and no more than 0.5 mg/L nickel. No exceptions to these limitations will be allowed for any sodium hydroxide provided for potable water treatment applications. However, for 25 #7..
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sodium hydroxide used for wastewater treatment applications, up to 9 mg/L for iron (Fe) and up to 3 mg/L for nickel (Ni) will be allowed as noted above. For wastewater treatment applications, concentrations of iron (Fe) greater than 9 ppm maximum and nickel (Ni) greater than 3 ppm maximum, may cause problems for the customer and therefore may be cause to terminate the contract if any excursions of these concentrations limits for iron or nickel cannot be reduced by the successful Bidder in subsequent deliveries to the respective customer. c. The liquid Sodium Hydroxide (NaOH) shall be free from contaminating substances which could interfere with the normal operation of the customer’s facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.

4. Certificate of Analysis:
a. A certificate of analysis prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified shall be submitted for each liquid Sodium Hydroxide (NaOH) delivery. The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. The certificate of analysis shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• Sodium Hydroxide NaOH Wt %
• Sodium Oxide Na2O Wt %
• Sodium Sulfate Na2SO4 PPM
• Sodium Chloride NaCl PPM
• Sodium Carbonate Na2CO3 Wt %
• Sodium Chlorate NaClO3 PPM
• Iron Fe PPM
• Mercury Hg PPM
• Nickel Ni PPM
• Density @ 600
lbs/gal
• Specific Gravity
No deliveries will be accepted unless accompanied by the said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications as listed above. b. Charges for certificate of analysis shall be included in the bid price. c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load. A certificate of analysis that does not meet AWWA Standard B501 shall be cause to reject the delivery.
d. One 200 mL sample of the delivered product shall be provided by the Bidder if requested by the customer either when the order is placed or at the time of delivery. In order to ensure these samples are representative of the chemical being delivered, the samples shall be drawn from the delivery truck at the time of delivery. Samples may be collected from any delivery, and the frequency upon which samples are collected will be entirely at the discretion of the customer. Samples will be 26 #7..
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collected at the unloading station, where containment and safety showers are provided. The customer will decide at what point during any delivery that they wish to collect a sample. 27 #7..
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PRODUCT TECHNICAL SPECIFICATIONS
SODIUM HYDROXIDE, 50% Solution

1. Typical Analysis:

Characteristics Units Minimum Maximum
Sodium Hydroxide, NaOH Wt % 48 52
Sodium Oxide, Na2O Wt % 37.7 40.4
Sodium Chloride, NaCl PPM 0 100
Sodium Carbonate, Na2CO3 Wt % 0 0.30
Sodium Chlorate, NaClO3 PPM 0 25
Sodium Sulfate, Na2SO4 PPM 0 80
Nickel, Ni PPM 0 0.5 *
Iron, Fe PPM 0 5 *
Mercury, Hg PPM 0 2
Specific Gravity at 20 deg. C 1.45 1.60
• Sodium hydroxide for wastewater treatment applications is allowed to have up to 9 mg/L iron and up to 3 mg/L nickel.

2. Product Specifications:
a. The Sodium Hydroxide (NaOH) shall be in liquid form and shall conform to the current version of the American Water Works Association’s Standard for Caustic Soda B501 and to the Water Chemicals Codex, 1982; except as modified or supplemented herein. b. For all potable water treatment (drinking water) applications the liquid Sodium Hydroxide supplied shall be tested and certified as meeting the specifications of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) Drinking Water Treatment Chemicals – Health Effects. The NSF certification for the Sodium Hydroxide (NaOH) bid must be current on the date of the bid submittal.
c. It is the responsibility of the Bidder to inform the participating BACC Agency, within 24 hours from the time of verbal or written notification, that NSF certification has been revoked or lapsed.

For all potable water treatment (drinking water) applications, the loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract. d. Bill of lading must clearly identify product delivered to be NSF 60 certified by stamp or type written statement – no handwritten notations will be accepted. Failure to provide clear identification of NSF product will result in rejection of the load at no cost to the participating BACC Agency.
e. Billing weight is defined as delivery weight x percentage Na2O (from lab report)/76.

3. Quality:
a. The liquid Sodium Hydroxide (NaOH) to be delivered in conformity with this bid shall be 50% liquid solution, as specified herein. Caustic defined as “50% solution” must fall within the specified range of 48%-52% active ingredient to meet the requirements of this specification. b. The liquid Sodium Hydroxide (NaOH) shall contain no more than 5 mg/L iron and no more than 2 mg/L mercury and no more than 0.5 mg/L nickel. No exceptions to these limitations will be allowed for any sodium hydroxide provided for potable water treatment applications. However, for 28 #7..
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sodium hydroxide used for wastewater treatment applications, up to 9 mg/L for iron (Fe) and up to 3 mg/L for nickel (Ni) will be allowed as noted above. For wastewater treatment applications, concentrations of iron (Fe) greater than 9 ppm maximum and nickel (Ni) greater than 3 ppm maximum, may cause problems for the customer and therefore may be cause to terminate the contract if any excursions of these concentrations limits for iron or nickel cannot be reduced by the successful Bidder in subsequent deliveries to the respective customer. c. The liquid Sodium Hydroxide (NaOH) shall be free from contaminating substances which could interfere with the normal operation of the customer’s facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.

4. Certificate of Analysis:
a. A certificate of analysis prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified shall be submitted for each liquid Sodium Hydroxide (NaOH) delivery. The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. The certificate of analysis shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• Sodium Hydroxide NaOH Wt %
• As Sodium Oxide Na2O Wt %
• Sodium Sulfate Na2SO4 PPM
• Sodium Chloride NaCl PPM
• Sodium Carbonate Na2CO3 Wt %
• Sodium Chlorate NaClO3 PPM
• Iron Fe PPM
• Mercury Hg PPM
• Nickel Ni PPM
• Density @ 600
F lbs/gal
• Specific Gravity at 20 deg. C
No deliveries will be accepted unless accompanied by the said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications as listed above. b. Charges for certificate of analysis shall be included in the bid price. c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load. A certificate of analysis that does not meet AWWA Standard B501 shall be cause to reject the delivery. d. One 200 mL sample of the delivered product shall be provided by the Bidder if requested by the customer either when the order is placed or at the time of delivery. In order to ensure these samples are representative of the chemical being delivered, the samples shall be drawn from the delivery truck at the time of delivery. Samples may be collected from any delivery, and the frequency upon which samples are collected will be entirely at the discretion of the customer. Samples will be collected at the unloading station, where containment and safety showers are provided. The customer will decide at what point during any delivery that they wish to collect a sample. 29 #7..
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SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 12-2023

SODIUM HYDROXIDE
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BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 12‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
Sodium Hydroxide  20% (Caustic) dry ton 12 0
East Bay
City of San Leandro dry ton 4 0
40 Sacramento
City of Sacramento dry ton 8 0
80 Sodium Hydroxide  25% (Caustic) dry ton 225,441 621
Central Valley
City of Stockton dry ton 110 325
110 325
Marin Sonoma
Napa Sanitation District dry ton 0 80
0 80
Sacramento
City of Roseville dry ton 0 210
City of Sacramento dry ton 42 0
El Dorado Irrigation District dry ton 45 0
Nevada Irrigation District dry ton 144 0
Sacramento County Water Agency dry ton 100 0
331 210
South Bay
City of Sunnyvale dry ton 0 6
06 Tri Valley
Zone 7 Water Agency dry ton 225,000 0
225,000 0
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Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 12‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
Sodium Hydroxide  30% (Caustic) dry ton 4,166 183
North Bay
Contra Costa Water District dry ton 2,416 0
West County Wastewater District dry ton 0 16
2,416 16
Sacramento
El Dorado Irrigation District dry ton 0 167
0 167
South Bay
City of Santa Clara dry ton 1,750 0
1,750 0
Sodium Hydroxide  50% (Caustic) dry ton 207,983 1,152
Central Valley
City of Modesto dry ton 0 11
City of Stockton dry ton 0 155
0 166
East Bay
Alameda County Water District dry ton 875 0
City of Hayward dry ton 0 16
875 16
Marin Sonoma
Marin Municipal Water District dry ton 626 0
North Marin Water District dry ton 76 0
702 0
North Bay
City of Antioch dry ton 580 0
City of Martinez dry ton 150 0
City of Pittsburg dry ton 240 0
970 0
32 #7..
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Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 12‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
Sacramento
Carmichael Water District dry ton 100 0
City of Roseville dry ton 191 580
El Dorado Irrigation District dry ton 145 390
436 970
Tri Valley
Zone 7 Water Agency dry ton 205,000 0
205,000 0
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SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 12-2023

SODIUM HYDROXIDE
34 #7..
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BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 12‐2023

SODIUM HYDROXIDE
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

CENTRAL VALLEY
City of Modesto
City of Modesto
Jennings Wastewater
Treatment Plant
7007 Jennings Rd Modesto, CA
95358
Delivery every 6 months 2 x 350 gal totes w/2"
cam
lock fitting
City of Stockton
Delta Water Supply Plant 11373 N. Lower
Sacramento Road
Lodi 1x per month 4000 gal
Stockton Regional Wastewater
Control Facility (Tertiary Plant)
3307 W. Highway 4
(John Turk Road)
Stockton 1‐2x per month for 4‐6
months in year, mostly in
winter
4,000 gallons
(combined for both 25%
and 50%)

EAST BAY
Alameda County Water District
Blending Facility 1111 Mowry Ave Fremont 1x every 2 weeks 4,000 gallons Newark Desalination Facility 6833 Redeker Place Newark 1x per month 4,000 gallons Water Treatment Plant No. 2 42436 Mission Blvd. Fremont 1‐2x per week 4,000 gallons City of Hayward
Water Pollution Control Facility 3700 Enterprise
Avenue
Hayward Once per year 5,000 gallons

MARIN SONOMA NAPA
Marin Municipal Water District
MMWD Bon Tempe Filter Plant Road Fairfax 24x per year not less than 3,500 gallons
MMWD San Geronimo 330 San Geronimo
Valley Road
Woodacre 34x per year not less than 4,000
gallons
Napa Sanitation District
Napa Sanitation District 1515 Soscol Ferry
Road
Napa 1x per month 5,000 gallons
North Marin Water District
North Marin Water District
Stafford Lake Treatment Plant
3015 Novato Blvd. Novato 1x per month 4000 gallons

NORTH BAY
City of Antioch
City of Antioch Water Treatment
Plant
401 Putnam Street Antioch 2‐3x per month Full truck load 50,000 lbs (50% caustic)
35 #7..
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BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 12‐2023

SODIUM HYDROXIDE
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Martinez
City of Martinez Water Treatment
Plant
3003 Pacheco Blvd Martinez 1x per month 4,500 gallons
City of Pittsburg
Pittsburg Water Treatment Plant 300 Olympia Drive Pittsburg Bi‐weekly Full truck load 50,000 lbs
Contra Costa Water District
Bollman Water Treatment Plant 2015 Bates Ave Concord approx 30 loads per year between 7:00 am to 2:00 pm
5,500 gallons
City of Brentwood Water
Treatment Plant
3760 Neroly Road Oakley approx 16 loads per year 5,500 gallons Randall‐Bold Water Treatment
Plant
3760 Neroly Road Oakley approx 143 loads per year 5,500 gallons West County Wastewater District
Water County Wastewater 2377 Garden Tract
Road
Richmond As needed IBC totes (275 gallons)

SACRAMENTO
Carmichael Water District
Bajamont Water Treatment Plant 3501 Bajamont Way Carmichael 7‐8 per year Full load, approx 4,000 gallons
City of Roseville
Dry Creek Wastewater Treatment
Plant
1800 Booth Road Roseville 95747 Once per week 5,000 gallons Pleasant Grove Wastewater
Treatment Plant
5051 Westpark Drive Roseville 95747 Every 10 days 5,000 gallons Roseville Energy Park 5120 Phillip Road Roseville 95747 Monthly 1200 gallons Roseville Water Treatment Plant 9595 Barton Road Granite Bay 95746
Monthly 5,000 gallons
City of Sacramento
E.A. Fairbairn Water Treatment
Plant
7501 College Town
Drive
Sacramento Need is storm/maintenance
dependent (weekly when
required)
4,000 gallons
Sacramento River Water
Treatment Plant
301 Water Street Sacramento Need is storm/maintenance
dependent (weekly when
required)
4,000 gallons
36 #7..
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BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 12‐2023

SODIUM HYDROXIDE
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size El Dorado Irrigation District
Deer Creek Wastewater
Treatment Plant
El Dorado Hills Cameron Park,
CA 95682
6‐8x per year 5,000 gals (30%); 5,000
gals  (50%)
EID Reservoir A Water 5560 Sly Park Rd 6‐8X year 3,800 gallons (50% caustic)
El Dorado Hills Wastewater
Treatment Plant
4625 Latrobe Rd El Dorado Hills,
CA 95762
6‐8x per year 5,000 gals (30%); 5,000
gals  (50%)
El Dorado Hills Water Plant,
or EID Reservoir 1 Water,
or EID Reservoir A Water
1835 Francisco Dr
5575 Gilmore Rd
5560 Sly Park Rd
El Dorado Hills
Pollock Pines
Pollock Pines
2 deliveries per year to any
of the 3 water locations
5,000 gals (25%)
Nevada Irrigation District
E. George Water Treatement Plant 11258 Banner Lava
Cap Road
Nevada City 8 loads per year 4,800 gallons (12,000 #)
Lake of the Pines Water
Treatment Plant
12812 Torrey Pines
Drive
Auburn 5 loads oer year 4,800 gallons (12,000#)
Lake Wildwood Water Treatment
Plant
14149 Beitler Road Penn Valley 4 loads per year. Driver must contact plant for
escort.
4,800 gallons (12,000 #)
Loma Rica Water Treatment Plant 13733 Loma Rica
Drive
Grass Valley 4 loads per year. Driver
must contact plant for
escort.
4,800 gallons (12,000 #)
North Auburn Water Treatment
Plant
12279 Locksley Lane Auburn 6 loads per year 4,800 gallons (12,000 #) Sacramento County Water Agency
Vineyard Surface Water
Treatment Plant
10151 Florin Road Sacramento Approx once a month Full tanker delivery

SOUTH BAY
City of Santa Clara
DVR Power Plant 850 Duane Ave Santa Clara, CA
95054
3 months 350‐450 gallons
City of Sunnyvale
City of Sunnyvale Wastewater
Treatment Plant
1444 Borregas
Avenue
Sunnyvale 3x per year 1,700 gallons
37 #7..
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BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 12‐2023

SODIUM HYDROXIDE
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

TRI VALLEY
Zone 7 Water Agency
Del Valle Water Treatment Plant 901 East Vineyard
Ave
Livermore 3 ‐ 5 per month 3,800 gallons
Mocho Groundwater
Demineralization Plant
5215 Stoneridge
Drive
Pleasanton 1 every other month 3,800 gallons
Patterson Pass Water Treatment
Plant
8750 Patterson Pass
Road
Livermore 4 per month 4,700 gallons
38 #7..
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SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 12-2023

SODIUM HYDROXIDE
39 #7..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 12‐2023

SODIUM HYDROXIDE

PARTICIPATING MEMBER AGENCY CONTACT LIST
Central Valley

CITY OF MODESTO
1221 Sutter Ave   Modesto, CA  95351
Ben Koehler    Water Quality Control Supt./CPO [email protected] (209) 342‐4502

CITY OF STOCKTON
Municipal Utilities Department  2500 Navy Drive   Stockton, CA  95206 Kathryn Garcia    Program Manager III ‐ Wastewater [email protected] 209‐937‐8232 East Bay

ALAMEDA COUNTY WATER DISTRICT
43885 South Grimmer Blvd   Fremont, CA  94538
Mike Wickham    Water Production Manager [email protected] 510‐552‐1459 Cris Pena    Engineering Supervisor [email protected] 510‐668‐6516 Renee Gonzalez    Buyer [email protected] 510‐668‐4294 Thomas Spankowski    Environmental Compliance Engineer [email protected] 510‐668‐6533

CITY OF HAYWARD
Water Pollution Control Facility  3700 Enterprise Avenue   Hayward, CA  94545 Diane Vargas    WPCF Secretary diane.vargas@hayward‐ca.gov David Donovan    WPCF Manager david.donovan@hayward‐ca.gov 510‐293‐5099 Alex Ameri    Public Works Director alex.ameri@hayward‐ca.gov Rita Perez    Purchasing and Accounts Payable ‐ Acting rita.perez@hayward‐ca.gov 510‐583‐4802 Manager
Mark Orlandi    Operations Supervisor mark.orlandi@hayward‐ca.gov 510‐293‐5212

CITY OF SAN LEANDRO
Water Pollution Control Plant  3000 Davis Street   San Leandro, CA  94577 Sally Perez    Purchasing Technician [email protected] 510‐577‐3472 Hayes Morehouse    Water Pollution Control Manager [email protected] 510‐577‐3437 40 #7..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 12‐2023

SODIUM HYDROXIDE

PARTICIPATING MEMBER AGENCY CONTACT LIST
Marin Sonoma Napa

MARIN MUNICIPAL WATER DISTRICT
220 Nellen Avenue   Corte Madera, CA  94925
Jim Kenney    Superintendent of Operations, Water [email protected] 415‐945‐1501 Treatment
Lucy Croy    Water Quality Manager [email protected] 415‐945 1590 Danelle Graham    Senior Buyer [email protected] 415‐945‐1402

NAPA SANITATION DISTRICT
1515 Soscol Ferry Road   Napa, CA  94558
Christopher Mosier    Operator III [email protected] 707‐ 312‐1899 Gabe Snook    Operations Supervisor [email protected] 707‐312‐1733 Timothy Healy    General Manager/District Engineer [email protected] 707‐258‐6000

NORTH MARIN WATER DISTRICT
999 Rush Creek Place   Novato, CA  94945
Robert Clark    Operations/Maintenance Superintendent [email protected] 415‐761‐8931 Brad Stompe    Operations Supervisor [email protected]
North Bay

CITY OF ANTIOCH
Water Treatment Plant  P.O. Box 5007   Antioch, CA  94531‐5007 Benjamin Woodland    Water Treatment Plant Supervisor [email protected] (925) 779‐7029

CITY OF MARTINEZ
525 Henrietta Street   Martinez, CA  94553
Hiren Patel    Water Operations Supervisor [email protected] 925‐372‐3588 George Pavlov    Water Superintendent [email protected] 925‐372‐3587

CITY OF PITTSBURG
Water Treatment Plant  300 Olympia Drive   Pittsburg, CA  94565 Jason Moser    Water Treatment Plant Superintendent [email protected] 925‐252‐6997 41 #7..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 12‐2023

SODIUM HYDROXIDE

PARTICIPATING MEMBER AGENCY CONTACT LIST

CONTRA COSTA WATER DISTRICT
1331 Concord Ave   Concord, CA  94520‐4907
Nicole Quesada    Administrative Analyst [email protected] 925‐625‐6602 John Parsons    Water Operations Superintendent [email protected] 925‐625‐6603 Brian Jackson    Purchasing Officer [email protected] 925‐688‐8011

WEST COUNTY WASTEWATER DISTRICT
2910 Hilltop Drive   Richmond, CA  94806
Aaron Winer    Director of Water Quality & [email protected] Resource Recovery
Joseph Majarucon    Operations Manager [email protected] Sacramento

CARMICHAEL WATER DISTRICT
7837 Fair Oaks Blvd.   Carmichael, CA  95608
David Biagi     [email protected] 916‐679‐0457

CITY OF ROSEVILLE
311 Vernon Street   Roseville, CA  95678
Becky Philipp    Buyer II [email protected] 916‐746‐1110 Shannon Wiest     [email protected] 916‐746‐1112

CITY OF SACRAMENTO
Department of Utilities  5730 24th Street, Bldg 22   Sacramento, CA  95822 Stacy Larkin    Program Analyst, Business Services Division ‐  [email protected] 916‐808‐6356 Logistics

EL DORADO IRRIGATION DISTRICT
2890 Mosquito Road   Placerville, CA  95667
Ryan Deakyne    Senior Buyer [email protected] 530‐642‐4405

NEVADA IRRIGATION DISTRICT
1036 W. Main Street   Grass Valley, CA  95945
Coby McCoy    Water Treatment Supervisor [email protected] 530 913‐9710 Joan Tortorici    Buyer [email protected] 530‐273‐6185 Shad Chittock    Water Treatment Superintendent [email protected] 42 #7..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 12‐2023

SODIUM HYDROXIDE

PARTICIPATING MEMBER AGENCY CONTACT LIST

SACRAMENTO COUNTY WATER AGENCY
Vineyard Surface Water Treatment Plant  10151 Florin Road   Sacramento, CA  95829 Daniel Ruiz    Accounting Technician [email protected] 916 874‐1398 Shawn Barnes    Water Treatment Operations Supervisor [email protected] 916‐508‐0858 Tom Pasterski    Water System Superintendent [email protected] 916‐876‐6430 Aaron  Robertson     [email protected] 916‐875‐0746 Jeff Gross     [email protected]
South Bay

CITY OF SANTA CLARA
Purchasing Division  1500 Warburton Avenue   Santa Clara, CA  95050 Nick van Haeften    Division Manager [email protected] 408‐615‐2717 Alex Price    Senior Engineer [email protected] 408‐615‐6051

CITY OF SUNNYVALE
Water Pollution Control Plant  1444 Borregas Avenue   Sunnyvale, CA  94088‐3707 Bryan Berdeen    Operations Manager [email protected] 408‐730‐7261 Lisa Vo     [email protected]
Tri Valley
ZONE 7 WATER AGENCY
100 North Canyons Parkway   Livermore, CA  94551
Zeljka Bozic    Buyer I [email protected] 925 454 5029 Karen Bartels    Buyer II [email protected] 925‐454‐5039 43 #7..
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SECTION IV

BAY AREA CHEMICAL CONSORTIUM

BID CONTRACT DOCUMENTS
FOR BID NO. 12-2023

SODIUM HYDROXIDE
*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***
44 #7..
- 248 -
1692799v1

BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 12-2023

SUPPLY AND DELIVERY OF SODIUM HYDROXIDE
I hereby agree to furnish SODIUM HYDROXIDE identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.

Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document. 45 #7..
- 249 -
1692799v1
STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder:
______________________________________________________________________________

2. Bidder’s Street Address:
______________________________________________________________________________

3. Mailing Address:
______________________________________________________________________________

4. Business Telephone: _______________ Fax Number: ________________

5. Type of Supplier:
□ Sole Proprietor □ Partnership □ Corporation □ LLC
If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________

10. References:

Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________

11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 46 #7..
- 250 -
1692799v1
Non-Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid
State of California )
) ss.

County of )
__________________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)
___________________________ of ______________________________________ the party making the (Title of Representative) (Legal Name of Bidder)
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
_________________________________
Signature of: President, Secretary,
Manager, Owner, or Representative
Subscribed and sworn to before me this, day of , 20

Signature of Notary Public In and For
The County of ________________________,
State of _____________________________
All Signatures Must Be Witnessed By Notary
47 #7..
- 251 -
1692799v1

BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 12-2023

FOR SUPPLY AND DELIVERY OF SODIUM HYDROXIDE
Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/bacc/
No later than 4:00 PM. PT
Thursday, February 23, 2023
Legal Name of Bidder:
_____________________________________
Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________
Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________
I. All costs except California State sales tax for the purchase of SODIUM HYDROXIDE must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc. Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement.

Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).

II. Bidders must submit all of the following, attached to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.

III. Bidder Obligations
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.
48 #7..
- 252 -
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 12‐2023

SODIUM HYDROXIDE
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Sodium Hydroxide  20% (Caustic)
East Bay dry ton $
City of San Leandro
Sacramento dry ton $
City of Sacramento
Sodium Hydroxide  25% (Caustic)
Central Valley dry ton $
City of Stockton
Marin Sonoma Napa dry ton $
Napa Sanitation District
Sacramento dry ton $
City of Roseville
City of Sacramento
El Dorado Irrigation District
Nevada Irrigation District
Sacramento County Water Agency
South Bay dry ton $
City of Sunnyvale
Tri Valley dry ton $
Zone 7 Water Agency
Sodium Hydroxide  30% (Caustic)
North Bay dry ton $
Contra Costa Water District
West County Wastewater District
Sacramento dry ton $
El Dorado Irrigation District
South Bay dry ton $
City of Santa Clara

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
49 #7..
- 253 -
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 12‐2023

SODIUM HYDROXIDE
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Sodium Hydroxide  50% (Caustic)
Central Valley dry ton $
City of Modesto
City of Stockton
East Bay dry ton $
Alameda County Water District
City of Hayward
Marin Sonoma Napa dry ton $
Marin Municipal Water District
North Marin Water District
North Bay dry ton $
City of Antioch
City of Martinez
City of Pittsburg
Sacramento dry ton $
Carmichael Water District
City of Roseville
El Dorado Irrigation District
Tri Valley dry ton $
Zone 7 Water Agency

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
50 #7..
- 254 -
Bay Area Clean Water Agencies
Bid Results for Project 12-2023 SODIUM HYDROXIDE
Bid Due on February 23, 2023 4:00 PM (PDT)

REGIONAL BID AWARD
Section

SODIUM HYDROXIDE
20% (Caustic) SODIUM HYDROXID
Description Sacramento Central Valley
Unit of Measure dry ton dry ton
JCI Jones Chemicals Inc. $0.00 $0.00
Olin Corporation no bid no bid
Univar Solutions USA Inc. $994.98 $1,225.55
Brenntag Pacific, Inc. $1,130.00 $987.50
*Highligted bid prices are only to show the apparent low bid and should not be construed as any indication that BACC has accep Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost.

APPARENT LOWEST OVERALL BID PRICE FOR EACH REGION (LOWEST AGGREGATE COST PER REGION) CENTRAL VALLEY 20% CAUSTIC
EST ANNUAL dry ton
Univar Solutions USA Inc.

Brenntag Pacific, Inc.

EAST BAY 20% CAUSTIC
EST ANNUAL QTY Dry Ton 0

BID PRICE TOTAL EST
PER Dry Ton COST
Univar Solutions USA Inc.

Brenntag Pacific, Inc.

MARIN SONOMA NAPA 20% CAUSTIC
EST ANNUAL QTY Dry Ton 0
Univar Solutions USA Inc.
#7..
- 255 -
Brenntag Pacific, Inc.

NORTH BAY 20% CAUSTIC
EST ANNUAL QTY Dry Ton 0
Univar Solutions USA Inc.

Brenntag Pacific, Inc.

SACRAMENTO 20% CAUSTIC
EST ANNUAL QTY Dry Ton 8

BID PRICE TOTAL EST
PER Dry Ton COST
Univar Solutions USA Inc. $994.98000 $7,959.84
Brenntag Pacific, Inc. $1,130.00000 $9,040.00
SOUTH BAY 20% CAUSTIC
EST ANNUAL QTY Dry Ton
Univar Solutions USA Inc.

Brenntag Pacific, Inc.

TRI VALLEY 20% CAUSTIC
EST ANNUAL QTY Dry Ton
Univar Solutions USA Inc.

Brenntag Pacific, Inc.

TOTAL EST QTY Dry Ton 8
CHECK: BID DOC TOTALS 8
#7..
- 256 -
SODIUM HYDROXIDE 30% (Caustic)
Marin Sonoma
Napa Sacramento South Bay Tri Valley North Bay Sacramento dry ton dry ton dry ton dry ton dry ton dry ton
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
no bid no bid no bid no bid no bid no bid
$932.25 $982.49 $944.75 $901.72 $918.40 $1,002.38
$987.50 $1,002.50 $1,225.00 $976.00 $979.00 $1,028.00
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
435 0 166

BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry ton COST PER dry ton COST
$1,225.54700 $533,112.95 $842.64000 $139,878.24
$987.50000 $429,562.50 $875.00000 $145,250.00
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
0 0 891

BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST
$759.14000 $676,393.74
$875.00000 $779,625.00
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
80 0 702

BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry Ton COST PER Dry Ton COST
$932.25000 $74,580.00 $796.88000 $559,409.76
SODIUM HYDROXIDE 25% (Caustic)
ued as any indication that BACC has accepted such bid as responsive; see bid review for award recommendation. ible bidder for each listed region
chemical will be determined for
west overall bid price for a
g the bid is determined by BACC
ch region will be determined by
gion by the bid prices for the

ATE COST PER REGION)
#7..
- 257 -
$987.50000 $79,000.00 $875.00000 $614,250.00
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
0 2,432 970

BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry Ton COST PER Dry Ton COST
$918.40000 $2,233,548.80 $716.10000 $694,617.00
$979.00000 $2,380,928.00 $875.00000 $848,750.00
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
541 167 1,406

BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST
$982.49000 $531,527.09 $1,002.38000 $167,397.46 $793.88000 $1,116,195.28 $1,002.50000 $542,352.50 $1,028.00000 $171,676.00 $895.00000 $1,258,370.00 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
6 3 0

BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST
$944.75000 $5,668.50 $2,713.7700 $8,141.3100
$1,225.00000 $7,350.00 $2,215.0000 $6,645.0000
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
285 700

BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry Ton COST PER Dry Ton COST
$901.72000 $256,990.20 $743.39000 $520,373.00
$976.00000 $278,160.00 $875.00000 $612,500.00
1,347 2,602 4,835
1,347 2,602 4,835
#7..
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SODIUM HYDROXIDE 50% (Caustic)
South Bay Central Valley East Bay
Marin
Sonoma Napa North Bay Sacramento
dry ton dry ton dry ton dry ton dry ton dry ton
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
no bid no bid no bid no bid no bid no bid
$2,713.77 $842.64 $759.14 $796.88 $716.10 $793.88
$2,215.00 $875.00 $875.00 $875.00 $875.00 $895.00
TOTAL

OVERALL

COST FOR
REGION
$672,991.19
$574,812.50
TOTAL

OVERALL

COST FOR
REGION
$676,393.74
$779,625.00
TOTAL

OVERALL

COST FOR
REGION
$633,989.76
OXIDE 30% (Caustic)
#7..
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$693,250.00
TOTAL

OVERALL

COST FOR
REGION
$2,928,165.80
$3,229,678.00
TOTAL

OVERALL

COST FOR
REGION
$1,823,079.67
$1,981,438.50
TOTAL

AGGREGATE

COST FOR
REGION
$13,809.81
$13,995.00
TOTAL

OVERALL

COST FOR
REGION
$777,363.20
$890,660.00
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Tri Valley
dry ton
$0.00
no bid
$743.39
$875.00
#7..
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Bay Area Clean Water Agencies
Bid Results for Project 12-2023 SODIUM HYDROXIDE
Bid Due on February 23, 2023 4:00 PM (PT)
Number of Addendum Issued: One (1)

REGIONAL AWARD
Item #

BACC RECOMMENDATION
1 Received via bid platform by bid deadline above
2 Bids submitted on forms provided
3 Must include a base unit price for each geographic area 4 Additional charges for "short load" deliveries shown as a standard deviation on bid form
5 References: minimum of 3
6 Product Specification Deviations - if any, proposed specification must be attached 7 Fully Executed Standard Agreement
8 Fully Executed Non-Collusion Affidavit
9 For potable application only: Affidavit of Compliance to AWWA and/or NSF standard or Statement by chemical manufacturer, signed on letterhead attesting to the affidavit's validity or current printout from NSF.org
10 Representative lab analysis of the chemical prepared by reputable outside laboratory or ISO Certified
11 Name /Address of chemical manufacturer
12 Product Bulletin and Typical Properties
13 Safety Data Sheet (SDS)
14 Addendum/Addenda Acknowledgement
15 Third Party Hauler? If applicable, name, address, Affidavit signed by Bidder 16 Specific Deviations Noted
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#7..
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#7..
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Brenntag Univar
Lowest responsive responsible bidder: Central
Valley
Lowest responsive responsible bidder: East Bay,
Marin Sonoma Napa, Sacramento, South Bay,
North Bay, Tri Valley
y y
y y
y y
y - see below
y y
y - see below
y y
y y
y
n
y
n
same Univar and K2, CA
y n
y n
y y
n/a y - see below
n y - see below
#4 & 16
#7..
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#6
#7..
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#15
#7..
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#7..
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Olin JCI Jones
no bid no bid
#7..
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#4 & 16 Olin
#7..
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#7..
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#7..
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Bay Area Clean Water Agencies
Bid Results for Project 12-2022 SODIUM HYDROXIDE
Issued on 01/27/2022
Bid Due on February 24, 2022 4:00 PM (PDT)
Exported on 02/24/2022

REGIONAL BID AWARD
Section

SODIUM HYDROXIDE
20% (Caustic) SODIUM HYDROXID
Description Sacramento Central Valley
Unit of Measure dry ton dry ton
Olin Corporation $1,074.00 $994.00
Brenntag Pacific, Inc. $1,040.00 $975.00
Univar Solutions USA Inc. $1,019.35 $1,142.33
*Highligted bid prices are only to show the apparent low bid and should not be construed as any indication that BACC has accep Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost.

APPARENT LOWEST OVERALL BID PRICE FOR EACH REGION (LOWEST AGGREGATE COST PER REGION) CENTRAL VALLEY 20% CAUSTIC
EST ANNUAL dry ton
Olin Corporation
Brenntag Pacific, Inc.

Univar Solutions USA Inc.

EAST BAY 20% CAUSTIC
EST ANNUAL QTY Dry Ton 0

BID PRICE TOTAL EST
PER Dry Ton COST
Olin Corporation
Brenntag Pacific, Inc.

Univar Solutions USA Inc.

MARIN SONOMA NAPA 20% CAUSTIC
EST ANNUAL QTY Dry Ton 0
#7..
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Olin Corporation
Brenntag Pacific, Inc.

Univar Solutions USA Inc.

NORTH BAY 20% CAUSTIC
EST ANNUAL QTY Dry Ton 0
Olin Corporation
Brenntag Pacific, Inc.

Univar Solutions USA Inc.

SACRAMENTO 20% CAUSTIC
EST ANNUAL QTY Dry Ton 4

BID PRICE TOTAL EST
PER Dry Ton COST
Olin Corporation $1,074.00000 $4,296.00
Brenntag Pacific, Inc. $1,040.00000 $4,160.00
Univar Solutions USA Inc. $1,019.35000 $4,077.40
SOUTH BAY 20% CAUSTIC
EST ANNUAL QTY Dry Ton
Olin Corporation
Brenntag Pacific, Inc.

Univar Solutions USA Inc.

TRI VALLEY 20% CAUSTIC
EST ANNUAL QTY Dry Ton
Olin Corporation
Brenntag Pacific, Inc.

Univar Solutions USA Inc.

TOTAL EST QTY Dry Ton 4
CHECK: BID DOC TOTALS 4
#7..
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SODIUM HYDROXIDE 30% (Caustic)
Marin Sonoma
Napa Sacramento South Bay Tri Valley North Bay Sacramento dry ton dry ton dry ton dry ton dry ton dry ton
$928.00 $1,043.00 $1,016.00 $987.00 $955.00 $993.00
$955.00 $1,020.00 $1,030.00 $965.00 $935.00 $1,005.00
$873.50 $967.58 $975.43 $907.90 $860.20 $957.34
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
478 0 155

BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry ton COST PER dry ton COST
$994.00000 $475,132.00 $866.00000 $134,230.00
$975.00000 $466,050.00 $833.00000 $129,115.00
$1,142.33000 $546,033.74 $816.74000 $126,594.70
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
0 0 891

BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST
$877.00000 $781,407.00
$825.00000 $735,075.00
$777.03000 $692,333.73
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
80 0 622
SODIUM HYDROXIDE 25% (Caustic)
ued as any indication that BACC has accepted such bid as responsive; see bid review for award recommendation. ible bidder for each listed region
chemical will be determined for
west overall bid price for a
g the bid is determined by BACC
ch region will be determined by
gion by the bid prices for the

ATE COST PER REGION)
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BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry Ton COST PER Dry Ton COST
$928.00000 $74,240.00 $879.00000 $546,738.00
$955.00000 $76,400.00 $825.00000 $513,150.00
$873.50000 $69,880.00 $805.77000 $501,188.94
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
0 2,432 960

BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry Ton COST PER Dry Ton COST
$955.00000 $2,322,560.00 $865.00000 $830,400.00
$935.00000 $2,273,920.00 $820.00000 $787,200.00
$860.20000 $2,092,006.40 $740.45000 $710,832.00
25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
731 167 1,380

BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST
$1,043.00000 $762,433.00 $993.00000 $165,831.00 $891.00000 $1,229,580.00 $1,020.00000 $745,620.00 $1,005.00000 $167,835.00 $875.00000 $1,207,500.00 $967.58000 $707,300.98 $957.34000 $159,875.78 $806.36000 $1,112,776.80 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
10 3 2,000

BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST
$1,016.00000 $10,160.00 $0.0000 0 $879.0000 $1,758,000.00 $1,030.00000 $10,300.00 $1,550.0000 $4,650.0000 $828.0000 $1,656,000.00 $975.43000 $9,754.30 $2,129.7400 $6,389.2200 $779.6000 $1,559,200.00 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
325 650

BID PRICE TOTAL EST BID PRICE TOTAL EST
PER Dry Ton COST PER Dry Ton COST
$987.00000 $320,775.00 $863.00000 $560,950.00
$965.00000 $313,625.00 $827.00000 $537,550.00
$907.90000 $295,067.50 $761.37000 $494,890.50
1,624 2,602 6,658
1,624 2,602 6,658
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SODIUM HYDROXIDE 50% (Caustic)
South Bay Central Valley East Bay
Marin
Sonoma Napa North Bay Sacramento
dry ton dry ton dry ton dry ton dry ton dry ton
$970.00 $866.00 $877.00 $879.00 $865.00 $891.00
$1,550.00 $833.00 $825.00 $825.00 $820.00 $875.00
$2,129.74 $816.74 $777.03 $805.77 $740.45 $806.36
TOTAL

OVERALL

COST FOR
REGION
$609,362.00
$595,165.00
$672,628.44
TOTAL

OVERALL

COST FOR
REGION
$781,407.00
$735,075.00
$692,333.73
TOTAL

OVERALL
OXIDE 30% (Caustic)
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COST FOR
REGION
$620,978.00
$589,550.00
$571,068.94
TOTAL

OVERALL

COST FOR
REGION
$3,152,960.00
$3,061,120.00
$2,802,838.40
TOTAL

OVERALL

COST FOR
REGION
$2,162,140.00
$2,125,115.00
$1,984,030.96
TOTAL

AGGREGATE

COST FOR
REGION
$1,768,160.00
$1,670,950.00
$1,575,343.52
TOTAL

OVERALL

COST FOR
REGION
$881,725.00
$851,175.00
$789,958.00
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South Bay Tri Valley
dry ton dry ton
$879.00 $863.00
$828.00 $827.00
$779.60 $761.37
ustic)
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Bay Area Clean Water Agencies
Bid Results for Project 12-2022 SODIUM HYDROXIDE
Issued on 03/18/2021
Bid Due on April 15, 2021 4:00 PM (PDT)
Exported on 04/15/2021
Section

SODIUM HYDROXIDE
20% (Caustic) SODIUM HYDROXID
Description Sacramento Central Valley
Unit of Measure dry ton dry ton
Univar Solutions USA Inc. $614.7400 $517.0400
Olin Corporation $830.0000 $900.0000
*Highligted bid prices are only to show the apparent low bid and should not be construed as any indication that BACC has accep Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies
to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this
chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and
submits the lowest overall bid price for a particular
region may be awarded the bid by the participating
agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid
requirements. The lowest overall bid price for each
region will be determined by multiplying the estimated
annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost.
#7..
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SODIUM HYDROXIDE 30% (Caustic)
Marin Sonoma
Napa Sacramento South Bay Tri Valley North Bay Sacramento dry ton dry ton dry ton dry ton dry ton dry ton
$515.1200 $569.5800 $599.9300 $519.3300 $476.2200 $567.9300 $660.0000 $780.0000 $850.0000 $530.0000 $740.0000 $770.0000 SODIUM HYDROXIDE 25% (Caustic)
ued as any indication that BACC has accepted such bid as responsive; see bid review for award recommendation. #7..
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SODIUM HYDROXIDE 50% (Caustic)
Central Valley East Bay
Marin Sonoma
Napa North Bay Sacramento Tri Valley
dry ton dry ton dry ton dry ton dry ton dry ton
$461.8500 $416.3500 $447.2800 $402.9900 $436.4400 $416.8300 $690.0000 $440.0000 $450.0000 $680.0000 $710.0000 $440.0000 #7..
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BAY AREA CHEMICAL CONSORTIUM `
Final Bid Tabulation for #REF!
Supply and Delivery of #REF!
for the period #REF!
Bid Open Date #REF!
Addenda Issue: Two (2) dated March 21, 2019 and March 26, 2019 20% Caustic,
Unit Price Per GALLON
25% Caustic, Unit Price Per GALLON 30% Caustic, Unit Price Per GALLON 50% Caustic, Unit Price Per GALLON Name of Bidder Central Valley
Marin Sonoma
Napa Sacramento Central Valley
Marin Sonoma
Napa Sacramento South Bay Tri Valley
Marin Sonoma
Napa North Bay Sacramento Central Valley East Bay
Marin Sonoma
Napa North Bay Sacramento Tri Valley
Brenntag Pacific, Inc. $0.68500 $0.63220 $0.63600 $0.70600 $0.73300 $0.76200 $0.92300 $0.71100 $0.90500 $0.91600 $0.99300 $1.52000 $1.54200 $1.55100 $1.55100 $1.56300 $1.53100 Univar USA Inc. $0.60090 $0.74660 $0.59140 $0.87160 $0.68860 $0.71840 $0.74820 $0.71810 $1.10720 $0.82850 $0.86920 $1.42020 $1.43500 $1.45700 $1.39110 $1.47200 $1.42740 Olin Chlor Alkali Products $0.93200 $1.03300 $1.03500 $0.99600 $0.94600 $1.06600 $1.35000 $0.95100 $1.69000 $1.10800 $1.33400 $2.22400 $1.98200 $2.03900 $1.97200 $2.08600 $1.98300 Lowest bid price for the region based on lowest aggregate cost for the region Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost.

Comparison of LOWEST OVERALL RESPONSIVE BID to Previous Year's Awarded Bid 20% Caustic,
Unit Price Per GALLON
25% Caustic 30% Caustic 50% Caustic
Central Valley
Marin Sonoma
Napa Sacramento Central Valley
Marin Sonoma
Napa Sacramento South Bay Tri Valley
Marin Sonoma
Napa North Bay Sacramento Central Valley East Bay
Marin Sonoma
Napa North Bay Sacramento Tri Valley South Bay
2019 Unit price per gallon $0.6009 $0.7466 $0.5914 $0.8716 $0.6886 $0.7184 $0.7482 $0.7181 $1.1072 $0.8285 $0.8692 $1.4202 $1.4350 $1.4570 $1.3911 $1.4720 $1.4274 N/A Dry lbs per gallon 2.04000 2.04000 2.04000 2.66400 2.66400 2.66400 2.66400 2.66400 3.33100 3.33100 3.33100 6.37700 6.37700 6.37700 6.37700 6.37700 6.37700 2019 Unit price per dry lb $0.2946 $0.3660 $0.2899 $0.3272 $0.2585 $0.2697 $0.2809 $0.2696 $0.3324 $0.2487 $0.2609 $0.2227 $0.2250 $0.2285 $0.2181 $0.2308 $0.2238 2018 unit price per dry lb N/A N/A $0.3724 $0.3570 $0.3587 $0.3574 $0.3668 $0.3610 N/A $0.3445 $0.3582 $0.3222 $0.3253 $0.3270 $0.3169 $0.3302 $0.3241 $0.3261 Increase/Decrease in 2019 ($) #VALUE! #VALUE! -$0.0825 -$0.0298 -$0.1002 -$0.0877 -$0.0859 -$0.0914 #VALUE! -$0.0958 -$0.0973 -$0.0995 -$0.1003 -$0.0985 -$0.0988 -$0.0994 -$0.1003 Increase/Decrease in 2019 (%) #VALUE! #VALUE! -22.15% -8.35% -27.94% -24.55% -23.43% -25.33% #VALUE! -27.80% -27.15% -30.88% -30.82% -30.13% -31.16% -30.09% -30.94% FINAL From Univar, Jennifer Perras email 4/10/19
Strength Region
Unit Bid Price per
Gallon
Dry lb/gal
Conversion
Calculated
Unit Bid Price per
Dry Lb
Unit Bid Price per
Dry Lb
20% Central Valley $0.60090 2.040 $0.2946 $0.2946
20%
Marin Sonoma
Napa $0.74660 2.040 $0.3660 $0.3660
20% Sacramento $0.59140 2.040 $0.2899 $0.2899
25% Central Valley $0.87160 2.664 $0.3272 $0.3272
25%
Marin Sonoma
Napa $0.68860 2.664 $0.2585 $0.2585
25% Sacramento $0.71840 2.664 $0.2697 $0.2697
25% South Bay $0.74820 2.664 $0.2809 $0.2809
25% Tri Valley $0.71810 2.664 $0.2696 $0.2696
30%
Marin Sonoma
Napa $1.10720 3.331 $0.3324 $0.3324
30% North Bay $0.82850 3.331 $0.2487 $0.2487
30% Sacramento $0.86920 3.331 $0.2609 $0.2487
50% Central Valley $1.42020 6.377 $0.2227 $0.2227
50% East Bay $1.43500 6.377 $0.2250 $0.2250
50%
Marin Sonoma
Napa $1.45700 6.377 $0.2285 $0.2285
50% North Bay $1.39110 6.377 $0.2181 $0.2181
50% Sacramento $1.47200 6.377 $0.2308 $0.2308
50% Tri Valley $1.42740 6.377 $0.2238 $0.2238
#7..
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BAY AREA CHEMICAL CONSORTIUM `
Final Bid Tabulation for Bid No. 12-2018
Supply and Delivery of Sodium Hydroxide for Fiscal Year 2018/2019 Open Date: Tuesday, April 10, 2018 at 9:00 a.m. PDT
*Regional Award
20% Caustic,
Unit Price Per Dry Lb 25% Caustic, Unit Price Per Dry Lb 30% Caustic, Unit Price Per Dry Lb 50% Caustic, Unit Price Per Dry Lb Name of Bidder Sacramento Central Valley
Marin Sonoma
Napa Sacramento South Bay Tri Valley North Bay Sacramento Central Valley East Bay Marin Sonoma
Napa North Bay Sacramento South Bay Tri Valley
Brenntag Pacific, Inc. $0.45500 $0.40500 $0.40700 $0.42550 $0.52500 $0.39500 $0.38400 $0.47500 $0.35500 $0.35800 $0.35300 $0.35300 $0.35700 $0.35500 $0.34900 Olin Chlor Alkali Products $0.47300 $0.51200 $0.44300 $0.45200 $0.53500 $0.45300 $0.41700 $0.49000 $0.44400 $0.39300 $0.40000 $0.39500 $0.40800 $0.39700 $0.39700 Univar USA Inc. $0.37240 $0.35700 $0.35870 $0.35740 $0.36680 $0.36100 $0.34450 $0.35820 $0.32220 $0.32530 $0.32700 $0.31690 $0.33020 $0.32610 $0.32410 Lowest responsive bid

REGIONAL AWARD
20% Caustic,
Dry Ton 25% Caustic, Dry Ton 30% Caustic, Dry Ton 50% Caustic, Dry Ton 20% 25% 30% 50% Aggregate Cost Calculation Sacramento Central Valley
Marin Sonoma
Napa Sacramento South Bay Tri Valley North Bay Sacramento Central Valley East Bay Marin Sonoma
Napa North Bay Sacramento South Bay Tri Valley
Estimated annual quantity (dry ton) 58 1,761 94 508 13 145 1,300 2 1,500 900 656 1,250 771 2,000 800 58 2,521 1,302 7,877 in dry tons; bid prices are per dry lb Brenntag Pacific, Inc.

Olin Chlor Alkali Products
Univar USA Inc.

Estimated annual quantities are in DRY TONS, Unit Bid Prices are per DRY LB. Need to convert Dry Ton quantities to Dry Lb first.

Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost.

Comparison of LOWEST OVERALL RESPONSIVE BID to Previous Year's Awarded Bid 2017 Bid Awarded to: Univar
20% Caustic,
Unit Price Per Dry Lb 25% Caustic, Unit Price Per Dry Lb 30% Caustic, Unit Price Per Dry Lb 50% Caustic, Unit Price Per Dry Lb Sacramento Central Valley
Marin Sonoma
Napa Sacramento South Bay* Tri Valley North Bay Sacramento Central Valley East Bay Marin Sonoma
Napa North Bay Sacramento South Bay Tri Valley
2017 Awarded Unit Price $0.30850 $0.28940 $0.29080 $0.30490 n/a $0.28820 $0.27300 $0.29980 $0.25570 $0.25770 $0.25860 $0.25040 $0.26320 $0.25900 $0.25510 $ Increase/Decrease in 2018 $0.06390 $0.06760 $0.06790 $0.05250 n/a $0.07280 $0.07150 $0.05840 $0.06650 $0.06760 $0.06840 $0.06650 $0.06700 $0.06710 $0.06900 % Increase/Decrease in 2018 20.71% 23.36% 23.35% 17.22% n/a 25.26% 26.19% 19.48% 26.01% 26.23% 26.45% 26.56% 25.46% 25.91% 27.05% *In 2017, South Bay had 20% caustic, and the awarded price for this concentration was $0.3074. #7..
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BAY AREA CHEMICAL CONSORTIUM `
Preliminary Bid Tabulation for Bid No. 12-2018
Supply and Delivery of Sodium Hydroxide for Fiscal Year 2018/2019 Open Date: Tuesday, April 10, 2018 at 9:00 a.m. PDT
20% Caustic,
Unit Price Per Dry Lb 25% Caustic, Unit Price Per Dry Lb 30% Caustic, Unit Price Per Dry Lb 50% Caustic, Unit Price Per Dry Lb Name of Bidder Sacramento Central Valley
Marin Sonoma
Napa Sacramento South Bay Tri Valley North Baby Sacramento Central Valley East Bay Marin Sonoma
Napa North Bay Sacramento South Bay Tri Valley
Brenntag Pacific, Inc. $0.45500 $0.40500 $0.40700 $0.42550 $0.52500 $0.39500 $0.38400 $0.47500 $0.35500 $0.35800 $0.35300 $0.35300 $0.35700 $0.35500 $0.34900 Olin Chlor Alkali Products $0.47300 $0.51200 $0.44300 $0.45200 $0.53500 $0.45300 $0.41700 $0.49000 $0.44400 $0.39300 $0.40000 $0.39500 $0.40800 $0.39700 $0.39700 Univar USA Inc. $0.37240 $0.35700 $0.35870 $0.35740 $0.36680 $0.36100 $0.34450 $0.35820 $0.32220 $0.32530 $0.32700 $0.31690 $0.33020 $0.32610 $0.32410 APPARENT LOW BID $0.37240 $0.35700 $0.35870 $0.35740 $0.36680 $0.36100 $0.34450 $0.35820 $0.32220 $0.32530 $0.32700 $0.31690 $0.33020 $0.32610 $0.32410 Apparent Low Bid
All bids submitted are reflected on this bid sheet.

The listing of a bid should not be construed as any indication that BACC accepts such bid as responsive.

BAY AREA CHEMICAL CONSORTIUM
Final Bid Tabulation for Bid No. 12-2017
Supply and Delivery of Sodium Hydroxide
Open Date: Tuesday, April 4, 2017 at 9:00 a.m. PDT
Name of Bidder
North Bay
30% NaOH
Unit Price
Per Dry Lb.

North Bay
50% NaOH
Unit Price
Per Dry Lb.

East Bay
50% NaOH
Unit Price
Per Dry Lb.

South Bay
20% NaOH
Unit Price
Per Dry Lb.

South Bay
50% NaOH
Unit Price
Per Dry Lb.

Tri-Valley
25% NaOH
Unit Price
Per Dry Lb.

Tri-Valley
50% NaOH
Unit Price
Per Dry Lb.

Marin-SonomaNapa
25% NaOH
Unit Price
Per Dry Lb.

Marin-SonomaNapa
50% NaOH
Unit Price
Per Dry Lb.

Central Valley
25% NaOH
Unit Price
Per Dry Lb.

Central Valley
50% NaOH
Unit Price
Per Dry Lb.

Sacramento Area
20% NaOH
Unit Price
Per Dry Lb.

Sacramento Area
25% NaOH
Unit Price
Per Dry Lb.

Sacramento Area
30% NaOH
Unit Price
Per Dry Lb.

Sacramento Area
50% NaOH
Unit Price
Per Dry Lb.

Sacramento
Area
Optional Bid
Item
25% NaOH
Unit Price
Per Dry Lb. in
totes
Olin Chlor Alkali Products and Vinyls $0.313 $0.282 $0.285 $0.447 $0.286 $0.309 $0.280 $0.312 $0.281 $0.308 $0.283 $0.360 $0.328 $0.317 $0.291 No Bid Univar USA Inc. $0.2730 $0.2504 $0.2577 $0.3074 $0.2590 $0.2882 $0.2551 $0.2908 $0.2586 $0.2894 $0.2557 $0.3085 $0.3049 $0.2998 $0.2632 No Bid Brenntag Pacific Inc. $0.293 $0.271 $0.271 $0.850 $0.296 $0.860 $0.271 $0.302 $0.272 $0.350 $0.294 $0.381 $0.379 $0.354 $0.304 $1.51 Sierra Chemical Co. No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid Lowest Responsive Bid for each Region
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1 ANNUAL AGREEMENT NO 250101
HASA INC.

FOR CHEMICALS FOR WASTEWATER TREATMENT
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of ________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Hasa Inc., hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023- XXX authorizing the Award of Bid and agreement for the supply and delivery of sodium hypochlorite 12.5% to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the supply and delivery of sodium hypochlorite 12.5% as described in RFB 13-2023, attached hereto as Exhibit “C” and made a part hereof (hereinafter called RFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $133,917.

Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item Description Unit of Measure Unit Pricing
Sodium Hypochlorite 12.5% Gallon $2.97

3. CITY REPRESENTATIVE:

CITY Representative is: Ben Koehler, WQC Operations Superintendent, 209-342-4502 Delivery to 7007 Jennings Rd: Jennings Operator, 20-652-8662 Purchasing Department: Carol Wattle, Senior Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #7..
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3 4. CONTRACTOR CONTACT:

Maria Guzman, (925) 436-3866, [email protected]

5. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one-year.

Year 1: July 1, 2023 through June 30, 2024

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.
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4 If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and #7..
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5 receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number - 250101
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #7..
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6 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

10. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement.
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. RFB No. 13-2023
d. CONTRACTOR’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause. #7..
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7 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of #7..
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8 CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
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9 a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an #7..
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10 amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Hasa Inc.
23119 Drayton St
Saugus, CA 91350
ATTN: Christopher Cornish
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

21. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply. #7..
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11 23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements #7..
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12 promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever. #7..
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13 28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

31. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this #7..
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14 Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and Hasa, Inc., has caused this Agreement to be duly executed. #7..
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS
BID NO. 13-2023
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
BID DUE DATE: 4:00 P.M. PT, Thursday, February 23, 2023 BID OPENING DATE: 4:00 P.M. PT, Thursday, February 23, 2023 Coordinating Agency:

Bay Area Clean Water Agencies
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TABLE OF CONTENTS
Page No.

Notice Inviting Sealed Bids 3
Section I – General

1. General Provisions 5

2. Instructions to Bidders 5

3. Special Instructions to Bidders 11

4. Terms and Conditions 16
Section II – Technical Specifications

1. Product Technical Specifications 21
Section III – Participating Agencies

1. Estimated Annual Quantities 24

2. Delivery Details 28

3. Contact List 38
Section IV – Bid Contract Documents

1. Standard Agreement 49

2. Non-Collusion Affidavit 51

3. Bid Form and Worksheet 53
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NOTICE INVITING SEALED BIDS
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%

BAY AREA CHEMICAL CONSORTIUM (BACC)
BID NO. 13-2023
The Bay Area Chemical Consortium (BACC), a cooperative group of public agencies, is seeking competitive sealed bids for the supply and delivery of SODIUM HYPOCHLORITE 12.5%. All sealed bids to be considered for this solicitation must be received via our electronic bid platform https://bacwa.org/bacc/ by 4:00 P.M.

PT, Thursday, February 23, 2023. Bids received after said date and time will not be considered under any circumstances. Bids submitted by mail or by facsimile will not be accepted. BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

For additional information or any questions concerning this bid, use the public Q&A Forum in our electronic bid system.
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SECTION I

BAY AREA CHEMICAL CONSORTIUM

GENERAL
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
BID NO. 13-2023
Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023.

1. GENERAL PROVISIONS
The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies each individually established under the laws of the State of California. For this particular bid solicitation, the participating member agencies include those listed in Section III-1, Estimated Annual Quantities. These participating BACC agencies, acting collectively through their authorized agents, are seeking competitive sealed bids for the supply and delivery of Sodium Hypochlorite 12.5%.

Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023. Bids received after said date and time will not be considered under any circumstances.

BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

If you have any questions regarding this bid, please contact the BACC Coordinators via the electronic bid platform https://bacwa.org/bacc/ Q&A forum. Preliminary bid results will be available via our electronic bid platform shortly after the opening date and time.

2. INSTRUCTIONS TO BIDDERS
To receive consideration, bids must be made in accordance with the following instructions:

2.1 Bid Contract Documents
Bids must be submitted only using the forms provided in Section IV, Bid Contract Documentsthat includes the following: Bid Form, Standard Agreement, and Non-Collusion Affidavit, collectively, the bid contract documents. Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/. Do not submit the Worksheet. Bid prices submitted on Worksheet will NOT be accepted. All items in the bid contract documents must be filled out completely, signed and dated. The bid contract documents may be rejected if they show any omissions, alterations of form, the addition of 5 #7..
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information not requested, a conditional bid, or irregularities of any kind. A complete bid submittal must include all of the following components of the bid contract documents:
• A completed and signed Bid Form, including all the attachments requested; • A fully executed Standard Agreement, including references and acknowledgement of receiving any and all addenda, with any deviations duly noted;
• A fully executed Non-collusion Affidavit.
• The information required by Section 2.21 as referenced in the Bid Form. • Name and address of any Third Party Hauler as required by Section 2.5 and the Bid Form, as well as the affidavit referenced in the Bid Form.

Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Items section).

2.2 Estimated Quantity
The quantities indicated are estimates of anticipated usage for a 12-month period and are given for informational purposes only. Nothing in these estimated annual quantities must be construed as obligating any participating BACC agency to purchase specific quantities, as these quantities may vary depending on actual operating conditions and demands during the contract term. All participating BACC agencies reserve the right to purchase any volume of the chemical listed, at the contract price, regardless of stated estimates of quantities. No price adjustments will be allowed as a result of an increase or a decrease in the quantity purchased. For this particular bid solicitation, the estimated annual chemical quantity of each participating member agencies is listed in Section III-1, Estimated Annual Quantities.

2.3 Delivery Locations
The participating BACC agencies are grouped according to their location by relative geographic region.

The bidder must quote uniform bid prices for deliveries made to each of the distinct geographic regions.

For this particular bid solicitation, the distinct geographic regions for each agency are defined in Section III-1, Estimated Annual Quantities, as well as in Section III-2, Delivery Details.

2.4 Bid Pricing
All bids submitted must include a base unit price, FOB destination, for the chemical for each geographic region per paragraph 2.3 Delivery Locations. Bidders shall provide bid prices via the electronic bid platform https://bacwa.org/bacc/ including all costs associated with providing and delivering the chemical to the agency’s facility, including materials, labor, equipment, transportation, insurance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.

BACC agencies that use a chemical for treating water for resale may be exempt from paying sales tax, and it will be the responsibility of each BACC agency to notify the successful bidder if some or all of their purchases will be exempt from sales tax per paragraph 3.6 Taxes. 6 #7..
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Bid prices must be based on bulk deliveries amount as specified via the electronic bid platform https://bacwa.org/bacc/. Bids that do not include unit prices for bulk deliveries to each geographic region specified on the electronic bid platform will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration. For bulk deliveries of less than this specified amount, the bidder may, at their option, assess additional charges for “short loads” unless specific requirements for smaller deliveries are described in paragraph 3.7 Delivery Requirements. Any additional “short load” charges must be shown by the bidder as a specific deviation on the bid contract documents. Bidders and/or third party haulers will not be allowed to refuse to make “short load” deliveries.

Any optional item will be shown as a separate line item in the electronic bid platform https://bacwa.org/bacc/ and bidders may, at their option, submit unit prices for the optional item. Bids that do not include unit prices for optional item will not be considered irregular and therefore such bids will not be rejected for that reason.

If participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, it will be shown as a separate line item in the electronic bid platform https://bacwa.org/bacc/ . Bidders may, at their option, submit unit prices for deliveries in buckets, barrels, or totes. Bids that do not include unit prices for buckets, barrels, or totes will not be considered irregular and therefore such bids will not be rejected for that reason. If none of the participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, the electronic bid platform https://bacwa.org/bacc/ will not include spaces to enter bid prices for such non-bulk deliveries in containers such as buckets, barrels, or totes, however, if a participating BACC agency later decides that they need deliveries in containers, bidders may, at their option, negotiate with the BACC agency to determine a price for deliveries in containers such as buckets, barrels, or totes.

2.5 Bidder Qualifications
A qualified bidder is one determined by BACC and the participating BACC agencies to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material respects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requirements, and who has the integrity and reliability that will assure good faith and specific performance. Bidders that intend to utilize a third-party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third-party hauling company on the Bid Form. Before submitting a bid, the bidder must carefully examine and read all parts of the bid contract documents and be fully informed as to all existing conditions and limitations. It should be noted that, upon selection and approval of the successful bidder, the entire contents of the bid contract documents will become part of the full contract between the participating BACC agency and successful bidder (see paragraph 3.5 Purchase Orders / Contracts).
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2.6 Authorized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.

2.7 References
The bidder must submit with the bid a list of a minimum of three references that have purchased similar chemicals and services from the bidder. The bidder must provide the company or agency name, contact name, and telephone number for each reference. Whenever possible, bidders should provide references for customers from the same geographic regions as the participating BACC agencies. Bidders may provide references from BACC agencies. These references must be shown on the Standard Agreement contained herein.

2.8 Bid Submittal
Electronic bids will only be received via the electronic bid platform https://bacwa.org/bacc/ by no later than 4:00 P.M. PT, Thursday, February 23, 2023. Electronic bids shall contain all required attachments and information. Bidders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Item section). Bidders are cautioned that failure to comply may result in non-acceptance of the bid. Bids received after said date and time will not be considered under any circumstances. BACC will not be responsible for any delays or transmission errors. Bidder accepts all risks of late delivery of electronic bids. It is the bidder’s responsibility to ensure that bid submitted is received by the electronic bid platform https://bacwa.org/bacc/ prior to scheduled bid opening. Any attachment will remain sealed and will not be opened until the appointed bid opening date and time.

Bidders not receiving confirmation receipt should contact the electronic bid platform vendor https://bacwa.org/bacc/ to make sure that their electronic submittal has gone through.

2.9 Modification, Addenda, and Interpretations
Any explanation desired by the bidders regarding the meaning or interpretation of this particular bid solicitation including the bid contract documents must be requested via the electronic bid platform Q&A Forum at least five (5) business days prior to the time set for the bid opening. Any and all such interpretations or modifications must be in the form of a written request to the BACC Coordinator via the electronic bid platform Q&A Forum. All changes to this particular bid solicitation document including the bid contract documents initiated by the BACC Coordinator will be through written addenda and furnished to all bidders via the electronic bid platform. Addendum will be issued no later than 72 hours before bid opening. Any written addendum issued 72 hours before the date and time of the bid opening will become a part of the bid contract documents and must be acknowledged on the Standard Agreement form that each bidder submits. Failure to acknowledge any and all the addendum(s) on the Standard Agreement form may be cause for rejection of the bid.
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2.10 Modification of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.

Modifications of any bid prices, terms and conditions must be electronically submitted via the electronic bid platform prior to the time of the bid opening. It shall be the responsibility of the respective bidder to determine if their written modification was received in time by electronic bid platform. BACC reserves the right to accept or reject any proposed modifications of the bid terms and conditions.

2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the stated bid opening date and time (closing time) only via the electronic bid platform. The withdrawal request must be executed by the bidder or a duly authorized representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.

2.12 Proposed Deviations from the Specifications by the Bidder Any deviation from the specifications described herein or in a written addendum that is proposed by a bidder must be noted in detail on the Standard Agreement form, and a copy of the proposed specification must be attached to the Standard Agreement form at the time of submission. The absence of a proposed change in the specifications will hold the bidder strictly accountable to the specifications as described herein. If proposed deviations from the specifications are submitted, the bidder’s name should be clearly shown on each document. Each BACC agency will be responsible for individually accepting or rejecting any proposed deviations from the described specifications.

2.13 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and maintain current any and all necessary licenses or certificates.

2.14 Rejection of Bids
The BACC and/or its individual agencies reserves the right to reject any and all bids and reserves the right to waive a bid deficiency or reject a bid for any reason, including but not limited to the following:
informalities, nonconforming, non-responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way. Bidders that plan to utilize a third-party hauling company that refused to deliver to one or more of the participating agencies in the past three (3) years will be rejected as non-responsive.

2.15 Opening Bids
A preliminary bid results showing apparent lowest bid will be available on the electronic bid platform shortly after the bid opening date / time.
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2.16 Method of Award
Bids may be awarded to the lowest responsive and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to delete terms or options from the bid contract documents, and reserves the right to reject any and all bids and to waive irregularities in said bids. The following is a non-inclusive list of criteria that must be used in award of the bid:
a. Unit cost of the chemical
b. Product specifications
c. Warranties or standards of quality
d. Capabilities to deliver product throughout the contract term e. Bidder’s reputation, competency, and previous customer service record f. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
g. Fully executed non-collusion affidavit

2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non-Collusion Affidavit included in the bid document.

2.18 Identical Bids
In the case of tied or identical bids corresponding to the proposed unit costs, BACC reserves the right to award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in paragraph 2.16 Method of Award, then any additional costs described in the “Specific Deviations” such as short load adders, will be used to determine the lowest responsive bidder. If considering additional costs as described in the “Specific Deviations” still doesn’t produce a winning bidder (i.e. if the tied bidders quote identical short load adder prices), then any exceptions or conditions described in the “Specific Deviations” will be considered in an effort to determine the lowest responsive bidder. If the latter still fails to produce a winning bidder, then BACC will draw lots by placing the names of the tied bidders in a hat and drawing a name. If drawing lots is deemed necessary, BACC will schedule a time to draw lots and the tied bidders will be invited to attend and witness the drawing. 10 #7..
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2.19 Material Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.

The samples may be subjected to tests to determine their quality and fitness for the intended uses.

2.20 Bid Summary
Bid proposals will be summarized and reviewed with the BACC agencies following the bid opening. Bid summaries or tabulations will also be provided to the responsive bidders within ten (10) business days following the bid opening. After a careful review of the bids by each of the participating BACC agencies, bids may be awarded based on the criteria outlined in paragraph 2.16 Method of Award.

2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer, signed by an authorized representative on letterhead stationery, attesting to the affidavit’s validity. In lieu of submitting an affidavit of compliance and a letter attesting to the affidavit’s validity, a current printout from the ANSI accredited product certification organization is acceptable.
b. A representative analysis of the chemical to be supplied, as prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified. c. Name and address of the chemical manufacturer.
d. Product Bulletin and Typical Properties.
e. Safety Data Sheet (SDS).

3. SPECIAL INSTRUCTIONS TO BIDDERS

3.1 Chemical Requirements
The chemical to be provided under the terms and conditions of this bid must meet the bid specifications described in the pages that follow.

3.2 Safety Requirements
The bidder, their employees, subcontractors, and/or agents must conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety, and they must adhere to all State, Federal and Occupational Safety and Health Act (OSHA) safety standards, including compliance with any applicable State or local health order related to COVID-19 while they are on the premises of any BACC 11 #7..
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agency. Furnished equipment, materials, and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. The BACC agencies reserve the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of the chemical at the successful bidder’s sole expense. If requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC agency’s site before commencing deliveries to the respective BACC agency. The successful bidder and/or the firm providing transportation of the chemical are required to comply with the site specific safety requirements of each participating BACC agency. Bidders should be aware that some BACC agencies do not allow smoking on site. Site safety requirements will be available for review during the bid period upon request to the BACC Coordinator. In addition, if requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.

3.3 Spillage
The successful bidder must be prepared to provide safety training on the safe handling and use of the chemical and emergency procedures in the event of a leak or spill. Should a chemical spill or leak result due to negligence, faulty equipment, or inferior packaging on the part of the bidder or their agents, the bidder and their agents must be responsible for cleaning the spill or leakage and for bearing any cost incurred due to spill or leakage clean-up. It must be the successful bidder’s responsibility to effect immediate containment, clean-up, disposal, and restoration activities in accordance with the individual facility’s requirements and any and all applicable laws and regulations. All material associated with such clean-up operations must be hauled away and lawfully disposed of at no charge to the agency where the delivery is being made. The property of the agency where the delivery is being made must not be used for such disposal. If the spill is NOT cleaned up, the agency will hire a certified hazardous material handling company to clean up the spill, and the costs incurred, including any fines or penalties which may be imposed by regulating authorities, will be charged to the bidder or deducted from amounts owed.

Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by the participating BACC agency. All chemicals must be delivered in accordance with Department of Transportation regulations.

3.4 Chemical Orders
All orders placed throughout the contract period, as defined in paragraph 4.11 Term of Contract, will be initiated separately by each participating BACC agency, and each BACC agency will be responsible for the coordination of all aspects of those orders with the successful bidder. Inquiries in reference to individual orders during the contract period must be directed to the appropriate BACC agency.

3.5 Purchase Orders / Contracts
Individual purchase orders, purchase agreements, and / or contracts will be issued to the successful bidder by each participating BACC agency, and all chemical sales must be invoiced separately to the respective BACC agency. Each BACC agency may require additional contract requirements specific to the agency which are not included in this bid document and bidders need to contact the agencies for specific details 12 #7..
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and perform due diligence prior to submitting a bid. The contracted unit cost of the chemical is the awarded bid price. The successful bidder may seek a price increase for any nontrivial change requested by the participating BACC agency in the terms and conditions of the participating BACC agency’s purchase order, purchase agreements, and / or contracts. The successful bidder may not change the price throughout the term of the contract unless by mutual written agreement between BACC agency and successful bidder per Section 4.4 Modification of Contract.

3.6 Taxes
Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a consumable water product. The participating BACC agencies that provide potable and/or recycled water to customers will be responsible for providing the successful bidder with these certificates or letter documenting their determination if the chemical they seek to purchase is exempt from sales tax. BACC agencies that do not notify the successful bidder that their agency is exempt from paying sales tax shall be invoiced with sales tax shown as a separate, itemized cost on the invoice. Chemicals purchased solely for the use in wastewater treatment and disposal facilities are subject to sales tax.

3.7 Delivery Requirements
Bidders are responsible for reviewing each of the listed delivery locations or geographic regions for each participating BACC agency and ensuring that their product can be delivered to each location prior to submitting a bid. Bidders that intend to utilize the services of a third party hauling company for some or all of their deliveries are responsible for ensuring that the hauler they have selected can and will deliver their product to each location listed in Section III-2, Delivery Details, and for submitting an affidavit pertaining to assurance with their bid. Failure to provide this assurance and submit an affidavit may be cause for rejecting their bid. Delivery bills of lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh station in addition to a shipping manifest. Delivery times and dates must be coordinated between the successful bidder and each participating BACC agency on a schedule that meets the needs of the BACC agency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC agency requests a later delivery. No delivery can be made when a BACC agency representative is not on site. The successful bidder must notify the BACC agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in-route transportation delays, then notification must be provided as soon as possible to inform the BACC agency of the anticipated delivery date and time.

Persistently late or cancelled deliveries (defined as three or more over the contract period) may be used as a basis for contract termination. Failure to provide notice of late delivery as required by this section may also be a basis for contract termination. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC agency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery.

3.8 Force Majeure
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Any bidder that anticipates a workforce interruption, including due to COVID-19 restrictions, or a production shutdown that could affect delivery of the chemical must fax or e-mail notifications to all participating BACC agencies to notify them of the potential interruption in deliveries. A telephone call must also be made to each BACC agency as a follow-up notification.

3.9 Safety Data Sheet (SDS)
Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term.

3.10 Payments
Payments for all chemicals will be made individually by each participating BACC agency thirty (30) days after receipt of a complete and accurate invoice. BACC itself does not have any legal authority to conduct business and therefore cannot be held responsible for the financial arrangements made between each individual BACC agency and the successful bidder. Cash discounts for early remittance of payment must be stated on the invoice, if applicable. The bidder is responsible for submitting accurate invoices to each BACC agency. The BACC agencies are not responsible for late payments resulting from the submission of inaccurate invoices. If bidder continues to submit inaccurate invoices after being put on notice by the BACC agency, the contract between the bidder and the BACC agency may be terminated.

3.11 Legislative Impacts
In the event the legislative body of any BACC agency fails to appropriate funds for the purchase of the chemical, the respective BACC agency may terminate such contract without penalty and thereupon be released of further obligation.

3.12 Subcontracting
No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of all of the participating BACC agencies.

3.13 Laws and Regulations
All applicable State of California and Federal laws, City, County, and Special District ordinances, licenses, and regulations of all participating BACC agencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19.

3.14 Insurance
For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC agency’s risk manager(s) or his/her designee at any time in his/her sole discretion, all relating to the 14 #7..
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supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per insurable event, must be as follows, however, the insurance limits available to each participating BACC agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

INSURANCE CATEGORY MINIMUM LIMITS
Workers’ Compensation Insurance California Statutory Minimum Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per employee for bodily injury or disease.

Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury, personal injury, and property damage.

Business Vehicle and Automobile Liability
Insurance
$2,000,000 per accident for bodily injury and
property damage.

Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy aggregate.

Prior to commencement of any performance under the contract, the successful bidder must furnish to each participating BACC agency an original Certificate of Insurance, and copies of information or declaration pages for the insurance required with respect to evidence of all policies of insurance required as noted above. All policies of insurance must be endorsed to name the respective BACC agency, their officials, officers, employees, agents, and volunteers as additional insured parties. For any claims related to the contract, bidder’s insurance coverage shall be primary insurance with respect to each participating BACC agency, their officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by any BACC agency party, their officials, officers, employees, agents and volunteers shall be excess of the bidder’s insurance and shall not contribute with it. The successful bidder will be responsible for contacting each participating BACC agency to ascertain the proper name or names of the agency specific entities to be included in the endorsements.

The successful bidder must also provide each participating BACC agency with a MSC-90 endorsement, required for transporters of hazardous materials and/or wastes.

The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire from vendor by virtue of the payment of any loss. Bidder agrees to obtain and provide to each BACC agency any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of each participating BACC agency for all work performed by the bidder, its employees, agents and subcontractors.

The successful bidder must maintain the required insurance at all times while the contract is in effect, and must replace any certificate, policy or endorsement which will expire prior to that date. All policies of insurance must be endorsed to provide the required insurance and must not be suspended, voided, 15 #7..
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reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to each participating BACC agency. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company must mail thirty calendar (30) written notice to the Certificate holder named to the left.”

4. TERMS AND CONDITIONS

4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC agency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this bid document, except those matters arising from the participating BACC agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of any BACC agency, its officials, officers, employees, agents, and volunteers for all legal expenses and costs incurred by each of them.

The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of the contract for the full period of time allowed by law. The defense and indemnity obligations of the contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in the contract.

If the successful bidder should subcontract all or any portion of the work to be performed under the contract, the successful bidder shall require each subcontractor to indemnify, hold harmless and defend each participating BACC agency and each of its officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.

4.2 Bid Protests
Any bid protest must be submitted electronically via email to the BACC Coordinator before 3:30 p.m. on the fifth (5th) business day following bid opening ([email protected]). a. The protest document must be provided as one PDF and must contain a complete statement of the basis for the protest and all supporting documentation and evidence. b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. 16 #7..
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c. The protest must refer to the specific portion of the bid document which forms the basis for the protest.
d. The protest must include the name, address and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through.
i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards.

4.3 Equal Opportunity
The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a condition that any company firm or corporation supplying goods or services, must be in compliance with the Americans with Disabilities (ADA) Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC agency.

4.4 Modification of Contract
This bid solicitation document including the bid contract documents, in conjunction with each BACC agency’s purchase order, purchase agreement and / or contract, will constitute the entire contract between each BACC agency and the successful bidder. The contract may not be modified, altered, or amended except by the mutual written agreement of the respective BACC agency and the successful bidder.

4.5 Common Language
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Unless otherwise specified in this document, all words must be given their plain, common and ordinary meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

4.6 Proprietary Information
All information included in any bid proposal that is of a propriety nature must be clearly marked as such.

Each BACC agency must be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder.

4.7 Patent Guarantee
The bidder must, with respect to any bidder’s standard products, indemnify, defend and hold harmless each participating BACC agency, its employees and agents, from any and all costs and damages because of claims or litigation on account of infringement or alleged infringement of any letters patent or patent rights by reason of the sale or normal use of such products, provided that the bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense of the participating BACC agencies.

4.8 Quality Control
The bidder’s chemical may be inspected and/or sampled before, during, or after any delivery and tested to confirm compliance with all of the specifications. Persistent clogging, deliveries containing significant amounts of debris, and/or chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be rejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to the participating BACC agency.

If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem by the participating agency, the participating agency may remove and dispose of the contaminated chemical and clean the chemical storage tank or tanks and the associated piping all at the bidder’s expense. Payment for the delivered chemical will not be made until the defects are corrected and the chemical is properly replaced and accepted. Repeat failures to comply with the specifications must constitute grounds for termination of the contract.

4.9 Term of Contract
The term of the contract between the respective BACC agency and the successful bidder will be twelve (12) months commencing July 1, 2023, and expiring June 30, 2024, with an option to extend the contract on a year-to-year basis, not to exceed three (3) yearly renewals if conditions and service are satisfactory to both the respective BACC agency and the successful bidder. The price for any succeeding periods of service shall be determined by negotiation between the respective BACC agency and the successful bidder.

4.10 Good Faith Bidding and Contracting
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The participating BACC agencies listed on this bid solicitation are bidding in good faith and have agreed not to extend an existing bid in lieu of contracting with the lowest responsive bidder. However, nothing in this bid solicitation shall prevent a BACC agency from rejecting all bids and separately procuring the services they require, if deemed in the best interest of their respective agency.

4.11 Termination of Contract
Any BACC agency may terminate their contract with the successful bidder for any reason by providing the successful bidder written notice of termination, and specifying the effective date thereof, at least thirty (30) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.12 Termination for Cause
In the event of a breach of any term or provision of the contract by the successful bidder, a BACC agency may terminate the contract with respect to supply of chemicals for that agency by providing the successful bidder with written notice of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.13 Effect of Termination
Any termination by a BACC agency, with or without cause, must not affect the validity of the contract between the successful bidder and any other BACC agency, nor must such action affect any rights, remedies, or obligations of the successful bidder or any other BACC agency.

4.14 Assignment
The successful bidder must under no circumstances assign the contract without the prior written consent of each participating BACC agency. Any assignment, or attempt at assignment, made without such consent of each participating BACC agency may be considered a breach of contract.

4.15 Competitiveness and Integrity
The participating BACC agencies have assigned control of the acquisition process to the BACC coordinating agency identified in the Notice Inviting Sealed Bids of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Bidders are to direct all communications regarding this bid to the designated BACC Coordinator, unless otherwise specifically noted, or unless approved in writing by the BACC Coordinator. Attempts by bidders to circumvent this requirement will be viewed negatively and may result in rejection of the offending bidder’s offer. The BACC Coordinator may refer communications to other participating BACC agencies for clarification. -END OF SECTION19
#7..
- 327 -

SECTION II

BAY AREA CHEMICAL CONSORTIUM

PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
20 #7..
- 328 -

PRODUCT TECHNICAL SPECIFICATIONS

12.5% SODIUM HYPOCHLORITE FOR BOTH POTABLE AND NON-POTABLE USES

1. Chemical and Physical Properties:

All sodium hypochlorite supplied under this bid must conform to the current version of the American Water Works Association (AWWA) B300-18 Standard for Hypochlorite, the American National Standards Institute/National Sanitation Foundation Standard 60-2005 (ANSI/NSF 60) Drinking Water Treatment Chemicals, except as modified or supplemented herein. Current AWWA B300-18 and ANSI/NSF 60 certification for the manufacturing facility of facilities is required with the submission of the bid. It is the responsibility of the vendor to inform the participating BACC Agencies (within 24 hours, from the time of verbal or written notification) that NSF certification has been revoked or lapsed. Loss of NSF certification shall constitute sufficient grounds for immediate termination of the contract. Bill of Lading must clearly identify product delivered to be AWWA B300-18 and ANSI/NSF 60 certified by stamp or type written statement – no handwritten notation will be accepted. Failure to provide clear identification that the product meets the AWWA and ANSI/NSF specifications will result in rejection of the load at no cost to the BACC Agency.

2. Disclaimer: The sodium hypochlorite must contain nothing that will adversely affect the public water supply, or be injurious to typical sodium hypochlorite feeding equipment.

3. Documentation: The successful Supplier must provide documentation as specified and required under Title 22, California Code of Regulations, Chapter 16, Article 7, §64590, prior to the start of the contract for the sodium hypochlorite.

4. General Specifications:
pH pH12-13
Available Chlorine 12.5 wt% minimum
Available Chlorine 125 grams/Liter minimum
Total Free Alkali (as NaOH) < 1.5% by weight
Insoluble Matter < 0.15% by weight
Age of Product at Delivery 3 days (72 hours) maximum
Sodium Hypochlorite should be stored in a dark area where the temperature does not exceed 80⁰ F (i.e. 30⁰ C) prior to delivery. Preferably sodium hypochlorite should be stored at temperatures below 68⁰ F (i.e. 20⁰ C) prior to delivery.

5. Contaminant Concentration Limits:

Iron <1.0 mg/L Nickel (Ni+2) <0.1 mg/L
Copper ](Cu+2) <0.1 mg/L Cobalt <0.1 mg/L
Chlorate <2,380 mg/L

6. Filtration Limitations: 100 mL of the sodium hypochlorite product supplied under this contract must pass through a 0.8 micron filter (Millipore, Type AA) under vacuum (25 inches Hg) within 30 minutes.

Plant staff may conduct this test prior to accepting a delivery.

7. Certificate of Analysis:
a. A certificate of analysis prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified, shall be submitted for each liquid sodium hypochlorite delivery. The certificate of analysis shall be based on a representative sample of the specific batch or lot of chemical currently being used to make deliveries. This report shall contain the following:
• Date of manufacture
• Date of delivery
• Shipper ID
• pH
21 #7..
- 329 -
• Specific gravity
• Density @ 60°F
• Insoluble Matter
• Available Chlorine: Percent by weight and pounds per gallon • Total free alkali (expressed as NaOH): Percent by weight and pounds per gallon • Excess NaOH: Percent by weight and pounds per gallon
• Excess Na₂CO₃: Percent by weight and pounds per gallon No deliveries will be accepted by the BACC Agency unless accompanied by said certificate of analysis for the specific batch or lot of chemical delivered and the quality specifications listed in the bid contract documents are met.
b. Charges for certificate of analysis shall be included in the bid price. c. Failure to supply the required certificate of analysis shall be sufficient cause to reject the load.

A certificate of analysis that does not meet current version of the AWWA Standard B300-10 shall be cause to reject the load.

8. Liquid sodium hypochlorite supplied under this contract shall not cause excessive scaling of feed lines when combined with carriage water. Excessive scaling is defined as plugging of, or precipitation in, the chlorine solution lines that causes disruption of flow. The liquid sodium hypochlorite shall be free from contaminating substances which could interfere with normal operation of BACC Agency facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices. 22 #7..
- 330 -
SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
23 #7..
- 331 -

BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 13‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
Sodium Hypochlorite 12.5%   gal 3,012,300 7,886,000
Central Valley
City of Lathrop (Veiola NA) gal 0 60,000
City of Merced gal 85,000 0
City of Modesto gal 0 50,000
City of Stockton gal 350,000 500,000
City of Turlock gal 350,000 0
Oakwood Lake Water District gal 6,000 0
791,000 610,000
East Bay
Alameda County Water District gal 290,000 0
City of Hayward gal 0 250,000
City of San Leandro gal 0 215,000
Oro Loma Sanitary District gal 0 208,000
Union Sanitary District gal 0 1,000,000
290,000 1,673,000
Marin Sonoma
Central Marin Sanitation Agency gal 0 240,000
City of Mill Valley ‐ Sewerage Agency of Southern Marin gal 0 60,000 Las Gallinas Valley Sanitary District gal 0 150,000
Marin Municipal Water District gal 220,000 0
Napa Sanitation District gal 0 315,000
North Marin Water District gal 3,200 0
Sanitary District No. 5 of Marin County gal 0 36,000
Sausalito Marin City Sanitary District gal 0 60,000
223,200 861,000
24 #7..
- 332 -
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 13‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
North Bay
Central Contra Costa Sanitary District gal 0 450,000
City of Antioch gal 255,000 0
City of Brentwood gal 0 140,000
City of Martinez gal 55,000 0
City of Pinole (Pinole/Hercules WPCP) gal 0 115,000
Contra Costa Water District gal 320,000 0
Delta Diablo Sanitation District gal 0 450,000
Diablo Water District gal 7,500 0
Ironhouse Sanitary District gal 0 8,000
Pleasant Hill Recreation & Park District gal 4,700 0
Rodeo Sanitary District gal 0 50,000
Town of Discovery Bay CSD gal 28,000 0
West County Wastewater District gal 0 290,000
670,200 1,503,000
Peninsula
City of  South San Francisco gal 0 220,000
City of Burlingame gal 0 100,000
City of Daly City/North San Mateo County Sanitation gal 0 135,000 City of Millbrae gal 0 65,000
City of San Mateo gal 0 300,000
Sewer Authority Mid‐Coastside gal 0 120,000
0 940,000
Sacramento
Carmichael Water District gal 45,000 0
City of Folsom gal 140,000 0
City of Roseville gal 245,400 137,000
City of Sacramento gal 192,000
City of Yuba City gal 10,000 0
El Dorado Irrigation District gal 245,000 45,000
Nevada Irrigation District gal 45,000 0
Sacramento County Water Agency gal 200,000 0
930,400 374,000
25 #7..
- 333 -
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 13‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
South Bay
City of Morgan Hill gal 15,000 0
City of Santa Clara gal 35,000 0
City of Sunnyvale gal 0 220,000
City of Watsonville gal 0 60,000
San Jose ‐ Santa Clara Regional Wastewater Facility gal 0 1,040,000 50,000 1,320,000
Tri Valley
City of Livermore gal 0 260,000
Dublin San Ramon Services District gal 5,500 345,000
Zone 7 Water Agency gal 52,000 0
57,500 605,000
Sodium Hypochlorite 5.25%  (OPTIONAL BID ITEM) 95,000 0 Sacramento
Nevada Irrigation District 95,000 0
95,000 0
Sodium Hypochlorite 12.5%  In 275‐gal totes (OPTIONAL BID ITEM) gal 2,200 0 North Bay
Contra Costa Water District gal 2,200 0
2,200 0
Sodium Hypochlorite 12.5%  In Drums (OPTIONAL BID ITEM) gal 3,960 0 North Bay
Diablo Water District gal 3,960 0
3,960 0
26 gal
#7..
- 334 -
SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
27 #7..
- 335 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

CENTRAL VALLEY
City of Lathrop (Veiola NA)
18800 Christopher
Way
Lathrop Every 15 days 2,000 gallons
City of Merced
City of Merced WWTF 10260 Gove Road Merced, Ca.
95340
approximately every two
weeks
Full load, Approx 4,000
gallons
City of Modesto
City of Modesto
Jennings Wastewater
Treatment Plant
7007 Jennings Rd Modesto, CA
95358
Delivery every 3 weeks 4000 gal
2" cam lock fitting
City of Stockton
Delta Water Supply Plant 11373 N. Lower
Sacramento Road
Lodi 2‐5x per month 5,000 gallons
NSPAF 4502 White Forge
Drive
Stockton 2‐3x per month 120‐300 gal
Stockton Regional Wastewater
Control Facility
2500 Navy Drive Stockton 1‐3x per week 5,000 gallons
Well #10R 2418 Arden Way Stockton 2‐3x per month 120‐300 gallons Well #27 1696 Bonaire Cir Stockton 2‐3x per month 120‐300 gallons Well #29 10442 Muir Woods
Ave
Stockton 2‐3x per month 120‐300 gallons
Well #30 6373 Brook Hallow
Circle
Stockton 2‐3x per month 120‐300 gallons
Well #31 3871 Ivano Lane Stockton 2‐3x per month 120‐300 gallons Well #32 9151 S. 99 Frontage
Road
Stockton 2‐3x per year 120‐300 gallons
Well #3R 7400 N. West Lane Stockton 2‐3x per month 120‐300 gallons Well SSS8 4151 Logan Ln, Stockton 5x per month 60 gallons City of Turlock
Stanislaus Regional Water
Authority
1235 Aldrick Rd. Hughson, CA 1‐2x per week 5,000 gallons Oakwood Lake Water District
Wastewater Treatment Plant 4396 Aplicella Ct Manteca 6x per year 500 gallons Well 3 3757 W. Woodward
Ave
Manteca 6x per year 250 gallons
Well 4 1656 Bella Lago Way Manteca 6x per year 250 gallons 28 #7..
- 336 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023

SODIUM HYPOCHLORITE
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

EAST BAY
Alameda County Water District
Blending Facility 1111 Mowry Ave Fremont 1x per 2 weeks 4,000 gallons Newark Desalination Facility 6833 Redeker Place Newark 1x per 2 weeks 3,000 gallons Water Treatment Plant No. 2 42436 Mission Blvd. Fremont 1‐2 times per week 4,000 gallons City of Hayward
Water Pollution Control Facility 3700 Enterprise
Avenue
Hayward 3‐4 times per month 5,000 gallons
City of San Leandro
City of San Leandro
Satellite Station

2.5 miles south of
treatment plant
San Leandro Every 1‐2 Weeks During Dry
Season
1,000 gallons
Wastewater Treatment Plant 3000 Davis St San Leandro Every 1‐2 weeks 2,500‐5000 gallons Oro Loma Sanitary District
Oro Loma Sanitary District 2600 Grant Avenue San Lorenzo Weekly 4,000 gallons Union Sanitary District
Union Sanitary District 5072 Benson Road Union City 14‐17 x per month 5,000 gallons

MARIN SONOMA NAPA
Central Marin Sanitation Agency
Central Marin Sanitation Agency 1301 Andersen Drive San Rafael 1x per week; 3‐4x per week in wet weather
5,000 gallons
City of Mill Valley ‐ Sewerage Agency of Southern Marin Sewarage Agency of Southern
Marin
450 Sycamore Ave Mill Valley six weeks 4,500 gallons
Las Gallinas Valley Sanitary District
Las Gallinas Valley Sanitary District
Wastewater Treatment Plant
300 Smith Ranch
Road
San Rafael 2 to 3x per month average 5,000 gallons
Marin Municipal Water District
MMWD Bon Tempe Filter Plant Road Fairfax 24x per year not less than 2,000 gallons
MMWD Ignacio Pump Station 13 Hamilton Drive Novato 11x per year not less than 2,000 gallons
MMWD San Geronimo 330 San Geronimo
Valley Road
Woodacre 34x per year 4,000 gallons
Napa Sanitation District
Napa Sanitation District 1515 Soscol Ferry
Road
Napa 2‐3x per week 5,000 gallons
29 #7..
- 337 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size North Marin Water District
North Marin Water District Deer
Island Reclaim Waer Facility
Hwy 37 between
Atherton Ave &
Hwy 101
Novato One delivery late spring 1,000 gallons
North Marin Water District Point
Reyes Treatment Plant
End of Commodore
Webster
Point Reyes
Station
Approximately every 6
weeks
200 gallons
Sanitary District No. 5 of Marin County
2001 Paradise Drive Tiburon 1x per month 3,000 gallons
Sausalito Marin City Sanitary District
Treatment Plant / District Office 1 East Road Sausalito 1x per month 5,000 gallons, Tanker truck, Receiving hours
6am‐1pm M‐F

NORTH BAY
Central Contra Costa Sanitary District
CCCSD 5019 Imhoff Place Martinez 2‐3x weekly 5,000 gallons City of Antioch
City of Antioch Water Treatment
Plant
401 Putnam Street Antioch 1‐3x per week Full truck load City of Brentwood
Brentwood Wastewater
Treatment Plant
2251 Elkins Way Brentwood, CA 2x per month 5,000 gallons City of Martinez
City of Martinez Water Treatment
Plant
3003 Pacheco Blvd Martinez 2x per month 2,500 gallons
City of Pinole (Pinole/Hercules WPCP)
City of Pinole 11 Tennent  Avenue Pinole Every 2 weeks 5000 gallons Contra Costa Water District
Bollman Water Treatment Plant 2015 Bates Ave Concord approx 28x per year between 7:00 am to 2:00 pm
4,500 ‐ 5,000 gallons
City of Brentwood Water
Treatment Plant
3760 Neroly Rd Concord approx 15x per year 4,500 ‐ 5,000 gallons Pinehollow Pump Station Grasswood Ct Concord 1x per year 2 x 550 gallon tanks Randall‐Bold Water Treatment
Plant
3760 Neroly Rd Oakley approx 2x during plant
shutdowns Nov‐Apr
330 gallons
Willow Pass Pump Station 1920 Clayton Way Concord Approx 2 times during plant shutdown Nov‐Apr
330 gallons
30 #7..
- 338 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Delta Diablo Sanitation District
Delta Diablo 2500 Pittsburg‐
Antioch Hwy
Antioch 2 per week 4,500 gallons
Diablo Water District
Blending Facility 2201 Laurel Road Oakley Every 2.5 months 1,500 gallons Chem Feed 3051 Ranch Rd Bethel Island Every 2 months 4 drums Glen Park Well 401 Hill Ave Oakley Every 2 months 4 drums South Park Well 4295 Summer Lakes
Drive
Oakley Every 2 months 2 drums
Ironhouse Sanitary District
450 Walnut
Meadows Dr
Oakley Once per quarter 2,000 gallons
Pleasant Hill Recreation & Park District
Pleasant Hill Aquatic Park 147 Gregory Lane Pleasant Hill May‐Sept: once/month Oct‐April: once every 3
months
650 gallons
Rodeo Sanitary District
Rodeo Sanitary District 800 San Pablo
Avenue
Rodeo 2x month, rarely 3x a month
depending on rain/flows,
and/or projects.
2,150 gallons
Town of Discovery Bay CSD
Town of Discovery Bay ‐ Newport
WTP
1800 Newport Drive Discovery Bay 1 x per week winter, 2 x per week summer
500 gal winter, 800‐900
gal summer
Town of Discovery Bay ‐Willow
WTP
1800 Willow Lake
Road
Discovery Bay 1x per week winter, 2x per
week summer
500 gal winter, 800‐900
gal summer
West County Wastewater District
Water County Wastewater District 2377 Garden Tract
Road
Richmond 1x week  (52 weeks)
(could order more due to
rain)
5,500 gallons

PENINSULA
City of  South San Francisco
South San Francisco ‐ San Bruno
Water Quality Control Plant
195 Belle Aire Road South San
Francisco
One Load Every 2 Weeks 4,800 gallons
City of Burlingame
Burlingame WWTF 1103 Airport Blvd Burlingame Every 3 weeks 5000 gal, truckload 31 #7..
- 339 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Daly City/North San Mateo County Sanitation District Daly City
Wastewater Plant
153 Lake Merced
Blvd
Daly City Every 7‐14 days 4,000‐4,500 gallons
City of Millbrae
Water Pollution Control Plant 400 E. Millbrae Ave Millbrae 1 every 3‐4 weeks 4,800 gallons City of San Mateo
2050 Detroit Drive San Mateo 1 load approx every 1 week Full tanker truck, 4,000 gallons
Sewer Authority Mid‐Coastside
1000 N. Cabrillo Hwy Half Moon Bay Monthly 5,000 gallons / month Montara Pump Station 16th St and Cabrillo
Hwy
Montara Monthly 2,500 gallons / month
Princeton Pump Station West Point at
Stanford Ave
Half Moon Bay Monthly 2,500 gallons / month

SACRAMENTO
Carmichael Water District
Bajamont Water Treatment Plant 3501 Bajamont Way Carmichael 9 per year Full load, approx 5,000 gallons
City of Folsom
Folsom Water Treatment Plant 194 Randall Dr Folsom 4‐5 times a month 4,800 ‐ 4,900 gallons 32 #7..
- 340 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Roseville
Dry Creek Wastewater
Treatment Plant
(DCWWTP)
1800 Booth Road Roseville 95747 Every six weeks 1,000 gallons Parks and Recs ‐ Johnson Pool 100 D Street Roseville 95661 10 times per year 250 gallons Parks and Recs ‐ Mike Shellito Pool 10210 Fairway Dr Roseville 95678 15 times per year, every 3‐4 weeks
400 gallons
Parks and Recs ‐ Roseville Aquatic
Complex
3051 Woodcreek
Oaks Blvd
Roseville 95747 26 times per year (weekly in
warm months)
1,200 gallons
Pleasant Grove Wastewater
Treatment Plant
5150 Westpark Dr Roseville 95747 Every 10 days June, July, August and September.

Monthly the rest of the
year.
5,000 gallons
Roseville Energy Park 5120 Phillip Rd Roseville 95747 10 per year 2500 gallons Roseville Water Treatment Plant 9595 Barton Rd Granite Bay 95746
40x per year (2 per wk in
summer, 1‐ per month in
winter)
5,000 gallons
Well 12 1745 Blue Oaks Blvd Roseville 95747 Quarterly 200 gallons Well 18 4030 Solarie Drive Roseville 94757 Quarterly 250 gallons Well 7 8301 Woodcreek
Oaks Blvd
Roseville 95747 Quarterly 200 gallons
Well 8 2100 Hayden
Parkway
Roseville 95747 Quarterly 200 gallons
Well 9 2275 Westbrook
Boulevard
Roseville 95747 Quarterly 250 gallons
Westside Tank 4501 Westpark Drive Roseville 94757 Bi‐Weekly 250 gallons City of Sacramento
Combined Wastewater Treatment
Plant
1391 35th Avenue Sacramento Rain dependent ‐ can be
multiple orders each week
4,800 gallons
Pioneer Reservoir 2100 Front Street
(cross street is V
Street)
Sacramento Rain dependent ‐ can be
multiple orders each week
4,800 gallons
City of Yuba City
Gauche Park City Swimming Pool 421 C Street Yuba City Weekly during summer; biweekly in winter
200‐250 gals in
summer; 125‐200 gals
in winter
33 #7..
- 341 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size El Dorado Irrigation District
Deer Creek Wastewater
Treatment Plant
1565 Deer Creek Rd Cameron Park,
CA 95682
Quarterly 5,000 gallons
EID Reservoir 1 Water 5575 Gilmore Rd Pollock Pines,
CA 95726
Quarterly 5,000 gallons
EID Reservoir A Water 5560 Sly Park Rd Pollock Pines,
CA 95726
Monthly 5,000 gallons
El Dorado Hills Wastewater
Treatment Plant
4625 Latrobe Rd El Dorado Hills,
CA 95762
Bimonthly 5,000 gallons
El Dorado Hills Water Plant 1835 Francisco Dr El Dorado Hills, CA 95762
Monthly 5,000 gallons
Nevada Irrigation District
E. George Treatment Plant 11258 Banner Lava
Cap Rd
Nevada City 5 loads per year 12.5% 5,000 gallons
Lake of the Pines (LOP) Treatment
Plant
12812 Torrey Pines
Dr
Auburn 4 loads per year 5.25%, 1
load per year 12.5%
5,000 gallons 5.25% and
5,000 gallons of 12.5%
Lake Wildwood Water Treatment
Plant
14149 Beitler Road Penn Valley 4 loads per year 5.25%, 1 load per year 12.5%. Driver
must contact plant for
escort.
5,000 gallons 5.25% and
5,000 gallons of 12.5%
Loma Rica Water Treatment Plant 13733 Loma Rica Dr Grass Valley 5 loads per year 5.25%, 1 load per year 12.5%. Driver
must contact plant for
escort.
5,000 gallons 5.25% and
5,000 gallons of 12.5%
North Auburn Treatment Plant 12278 Locksley Lane Auburn 6 loads per year 5.25%, 1 load per year 12.5%
5,000 gallons 5.25% and
5,000 gallons of 12.5%
Sacramento County Water Agency
Big Horn Water Treatment Plant 8280 Civic Center Dr Elk Grove Average is once per month 3,000 gallons Dwight Road Water Treatment
Plant
3500 Dwight Rd Elk Grove Average is once per month 1,2000 gallons East Elk Grove Water Treatment
Plant
9960 Waterman Rd Elk Grove Average is once per month 3,000 gallons Lakeside Water Treatment Plant 2280 Maritime Dr El kGrove Average is once per month 3,000 gallons Poppy Ridge Water Treatment
Plant
7510 Poppy Ridge Elk Grove Average is once per month 3,000 gallons Vineyard Surface Water
Treatment Plant
10151 Florin Road Sacramento Once or twice a week. Full Tanker Delivery. 34 #7..
- 342 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

SOUTH BAY
City of Morgan Hill
Boys Ranch #2 Well 1000 Burnett Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Boys Ranch #3 Well 1002 Burnett Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Butterfield Well 17935 Calle
Hermosa
Morgan Hill 1‐2x per month 100 ‐ 300 gallons
Diana #1 Well 200 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Diana #2 Well 1420 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Diana #3 Well 1000 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Diana #4 Well 505 Diana Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Dunne #1 & 2 Wells 100 E. Dunne Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Jackson Well 2150 E. Dunne Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Main #1 and #2 Well 470 E. Main Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons Main #3 Well 615 E. Main Ave Morgan Hill 1‐2x per month 100‐300 gallons Nordstrom Well 17002 Murphy Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons San Pedro Well 1240 San Pedro Ave Morgan Hill 1‐2x per month 100 ‐ 300 gallons City of Santa Clara
DVC Power Plant 850 Duane Ave Santa Clara, CA
95054
6‐8 days 500‐800 gallons
City of Sunnyvale
City of Sunnyvale Wastewater
Treatment Plant
1444 Borregas
Avenue
Sunnyvale 1x per week 5,000 gallons
City of Watsonville
City of Watsonville RWF 500 Clearwater Lane Watsonville 10 loads per year Full truck load San Jose ‐ Santa Clara Regional Wastewater Facility
San Jose Regional Wastewater
Facility
700 Los Esteros Rd San Jose 4 loads per week 5,000 gallons (full tanker)

TRI VALLEY
City of Livermore
101 West Jack
London Blvd
Livermore Weekly 5,000 gallons
35 #7..
- 343 -

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Dublin San Ramon Services District
FOD Pump Station 10A 10 Barnet Blvd Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
FOD Pump Station 300B 3441 Fallon Rd Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
FOD Reservoir 1A 8218 Rhoda Ave Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
Regional Wastewater Treatment
Facility
7399 Johnson Drive Pleasanton 70x per year (about 6x per month)
4,400 gallons
Water Recycling Plant (DERWA) 7399 Johnson Drive Pleasanton 8x per year during summer 4,400 gallons Zone 7 Water Agency
Del Valle Water Treatment Plant 901 East Vineyard
Ave
Livermore 4 per month 5,000 gallons
MGDP (M4) 5215 Stoneridge Dr Pleasanton 1 per month 2,500 gallons Patterson Pass Water Treatment
Plant
8750 Patterson Pass
Road
Livermore 2 per month 5,000 gallons
36 #7..
- 344 -
SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
37 #7..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST
Central Valley

CITY OF LATHROP (VEIOLA NA)
Veolia Water West Operating Service, Inc.  390 Towne Center Drive   Lathrop, CA  95330 Paul Zolffarelli    Project Manager II [email protected] 209‐406‐3845

CITY OF MERCED
Wastewater Treatment Facility  10260 Gove Road   Merced, CA  95340 Charles Slagter     [email protected]

CITY OF MODESTO
1221 Sutter Ave   Modesto, CA  95351
Ben Koehler    Water Quality Control Supt./CPO [email protected] (209) 342‐4502

CITY OF STOCKTON
Municipal Utilities Department  2500 Navy Drive   Stockton, CA  95206 Kathryn Garcia    Program Manager III ‐ Wastewater [email protected] 209‐937‐8232

CITY OF TURLOCK
Stanislaus Regional Water Authority  156 S Broadway, #270   Turlock, CA  95380 Lisa Quiroga    Purchasing Coordinator [email protected] 209‐668‐5402 Carlos Guerrero    Utilities Manager [email protected] Nicole Mann     [email protected]
Raquel Brasil     [email protected]

OAKWOOD LAKE WATER DISTRICT
PO Box 77980   Stockton, CA  95267
Casey Wichert    Operations Department [email protected] 209‐483‐5525 Bert Michalczyk    Consultant [email protected] 209‐239‐2481 Lynne Wichert    Billing Department [email protected] 209‐239‐2481 38 #7..
- 346 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST
East Bay

ALAMEDA COUNTY WATER DISTRICT
43885 South Grimmer Blvd   Fremont, CA  94538
Mike Wickham    Water Production Manager [email protected] 510‐552‐1459 Cris Pena    Engineering Supervisor [email protected] 510‐668‐6516 Renee Gonzalez    Buyer [email protected] 510‐668‐4294 Thomas Spankowski    Environmental Compliance Engineer [email protected] 510‐668‐6533

CITY OF HAYWARD
Water Pollution Control Facility  3700 Enterprise Avenue   Hayward, CA  94545 Diane Vargas    WPCF Secretary diane.vargas@hayward‐ca.gov David Donovan    WPCF Manager david.donovan@hayward‐ca.gov 510‐293‐5099 Alex Ameri    Public Works Director alex.ameri@hayward‐ca.gov Rita Perez    Purchasing and Accounts Payable ‐ Acting rita.perez@hayward‐ca.gov 510‐583‐4802 Manager
Mark Orlandi    Operations Supervisor mark.orlandi@hayward‐ca.gov 510‐293‐5212

CITY OF SAN LEANDRO
Water Pollution Control Plant  3000 Davis Street   San Leandro, CA  94577 Sally Perez    Purchasing Technician [email protected] 510‐577‐3472 Hayes Morehouse    Water Pollution Control Manager [email protected] 510‐577‐3437

ORO LOMA SANITARY DISTRICT
2655 Grant Avenue   San Lorenzo, CA  94580‐1838
Jimmy Dang    GM [email protected]
Gene Palop    Operations Manager [email protected]

UNION SANITARY DISTRICT
5072 Benson Road   Union City, CA  94587‐2508
Skip Calvo    Purchasing Agent [email protected] 510‐477‐7526 Armando Lopez    Treatment and Disposal Services Manager [email protected] 510‐477‐7517 39 #7..
- 347 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST
Marin Sonoma Napa

CENTRAL MARIN SANITATION AGENCY
1301 Andersen Drive   San Rafael, CA  94901
Peter Kistenmacher    Technical Services Manager [email protected] (415) 459‐1455 Jason Dow     [email protected] (415) 459‐1455
Jacky Wong     [email protected] (415) 459‐1455
CITY OF MILL VALLEY ‐ SEWERAGE AGENCY OF SOUTHERN MARIN 26 Corte Madera Avenue   Mill Valley, CA  94941
Brian Exberger    Chief Treatment Plant Operator [email protected] (415) 384‐4840 Mark Grushayev    WWT Manager [email protected] 415‐388‐2402

LAS GALLINAS VALLEY SANITARY DISTRICT
300 Smith Ranch Road   San Rafael, CA  94603
Don Moore    Plant Operations Supervisor [email protected] 415‐472‐1734 Mel Liebmann    Plant Manager [email protected] 915‐472‐1734

MARIN MUNICIPAL WATER DISTRICT
220 Nellen Avenue   Corte Madera, CA  94925
Jim Kenney    Superintendent of Operations, Water [email protected] 415‐945‐1501 Treatment
Lucy Croy    Water Quality Manager [email protected] 415‐945 1590 Danelle Graham    Senior Buyer [email protected] 415‐945‐1402

NAPA SANITATION DISTRICT
1515 Soscol Ferry Road   Napa, CA  94558
Christopher Mosier    Operator III [email protected] 707‐ 312‐1899 Gabe Snook    Operations Supervisor [email protected] 707‐312‐1733 Timothy Healy    General Manager/District Engineer [email protected] 707‐258‐6000

NORTH MARIN WATER DISTRICT
999 Rush Creek Place   Novato, CA  94945
Robert Clark    Operations/Maintenance Superintendent [email protected] 415‐761‐8931 Brad Stompe    Operations Supervisor [email protected]
40 #7..
- 348 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST
SANITARY DISTRICT NO. 5 OF MARIN COUNTY
2001 Paradise Drive   Tiburon, CA  94920
Tony Rubio    District Manager [email protected] 415‐435‐1501

SAUSALITO MARIN CITY SANITARY DISTRICT
1 East Road   Sausalito, CA  94965
Kevin Beneda     [email protected]
Vince Pasquini     [email protected]
Jeffery Kingston     [email protected]
Cathy Bondanza     [email protected]
North Bay

CENTRAL CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place   Martinez, CA  94553‐4392
Amy Compaglia    Senior Buyer [email protected] 925‐229‐7306 Kevin Mizuno    Finance Manager [email protected] 925‐229‐7119 Alan Weer    Plant Operations Division Manager [email protected] 925‐335‐7731 Stephanie King    Contracts & Procurement Administrator [email protected] 925‐229‐7307

CITY OF ANTIOCH
Water Treatment Plant  P.O. Box 5007   Antioch, CA  94531‐5007 Benjamin Woodland    Water Treatment Plant Supervisor [email protected] (925) 779‐7029

CITY OF BRENTWOOD
2251 Elkins Way   Brentwood, CA  94513
Ryan LaMunyon    Wastewater Treatment Plant Supervisor [email protected] 925.516.6060 Philip McKinney    Wastewater Operations Manager [email protected] 925.516.6030

CITY OF MARTINEZ
525 Henrietta Street   Martinez, CA  94553
Hiren Patel    Water Operations Supervisor [email protected] 925‐372‐3588 George Pavlov    Water Superintendent [email protected] 925‐372‐3587 41 #7..
- 349 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF PINOLE (PINOLE/HERCULES WPCP)
11 Tennet Avenue   Pinole, CA  94564
[email protected] (510) 724 ‐
8964
Josh Binder    Plant Manager
Mike Howe    Operations Supervisor [email protected] (510) 724‐9013

CONTRA COSTA WATER DISTRICT
1331 Concord Ave   Concord, CA  94520‐4907
Nicole Quesada    Administrative Analyst [email protected] 925‐625‐6602 John Parsons    Water Operations Superintendent [email protected] 925‐625‐6603 Brian Jackson    Purchasing Officer [email protected] 925‐688‐8011

DELTA DIABLO SANITATION DISTRICT
2500 Pittsburg‐Antioch Hwy.   Antioch, CA  94509‐1373
Anika Lyons    Finance Manager [email protected] 925‐756‐1924 Judy Pham    Purchasing Supervisor [email protected] 925‐756‐1968 Eka Ekanem    Senior Accountant [email protected] 925‐756‐1978

DIABLO WATER DISTRICT
87 Carol Lane   Oakley, CA  94561‐0127
Nacho Mendoza    Manager of Water Operations [email protected] 925‐625‐2112

IRONHOUSE SANITARY DISTRICT
450 Walnut Meadows Drive   Oakley, CA  94561
Thomas Hejza    Plant Supervisor [email protected] 925‐809‐3033 Chris Christean    Plant Manager [email protected] 925‐809‐3033 Susan Paz     [email protected]

PLEASANT HILL RECREATION & PARK DISTRICT
147 Gregory Lane   Pleasant Hill, CA  94523
Korey Riley    Aquatics Program Manager [email protected] 925‐682‐0896 42 #7..
- 350 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST

RODEO SANITARY DISTRICT
800 San Pablo Avenue   Rodeo, CA  94572
[email protected] 510‐799‐2970
x100
Steven S. Beall    District Manager
Jeff Greer     [email protected]
Jim Petalio    Grade IV Operator [email protected] 510‐799‐2970 Nancy Lefebvre     [email protected]

TOWN OF DISCOVERY BAY CSD
1800 Willow Lake Road   Discovery Bay, CA  94505‐9376
Aaron Goldsworthy    Water and Wastewater Manager [email protected] Anthony Harper    Project Manager [email protected] Dina Breitstein     [email protected]
Jeffery Dobretz     [email protected]

WEST COUNTY WASTEWATER DISTRICT
2910 Hilltop Drive   Richmond, CA  94806
Aaron Winer    Director of Water Quality & [email protected] Resource Recovery
Joseph Majarucon    Operations Manager [email protected] Peninsula
CITY OF  SOUTH SAN FRANCISCO
San Bruno Water Quality Control Plant  195 Belle Air Road   South San Francisco, CA  94080 Nicholas Talbot    Assistant Plant Superintendent [email protected] 650‐877‐8555

CITY OF BURLINGAME
Wastewater Treatment Facility  1103 Airport Blvd.   Burlingame, CA  94010 Manny Molina    WWTF General Manager [email protected] Muriel Carrieri    Office Manager [email protected] 650‐342‐3727 43 #7..
- 351 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF DALY CITY/NORTH SAN MATEO COUNTY SANITATION DISTRICT 153 Lake Merced Blvd   Daly City, CA  94015

Brandon Wardle    Senior Operator [email protected] 650‐991‐8200 Gregory Krauss     [email protected]

CITY OF MILLBRAE
Water Pollution Control Plant  400 E Millbrae Ave   Millbrae, CA  94030 Harry Kwong    Chief Operator [email protected] 650‐346‐7658 Craig Centis    Deputy Director of Public Works [email protected] 650‐259‐2376

CITY OF SAN MATEO
City of San Mateo WWTP  2050 Detroit Drive   San Mateo, CA  94404 Xiongbing Liang    Laboratory Supervisor [email protected] 650‐522‐7380 Michael Sutter     [email protected]
Rob Learmonth    Planet Manager [email protected] Alonso Barahona    Management Analyst II [email protected] 650‐522‐7334 SEWER AUTHORITY MID‐COASTSIDE
1000 N. Cabrillo Highway   Half Moon Bay, CA  94019
George Evans    Finance Officer [email protected] 650‐726‐0124 Kishen Prathivadi    General Manager [email protected] 650‐726‐0124 Sacramento

CARMICHAEL WATER DISTRICT
7837 Fair Oaks Blvd.   Carmichael, CA  95608
David Biagi     [email protected] 916‐679‐0457

CITY OF FOLSOM
50 Natoma Street   Folsom, CA  95630
Bryson Pearson    Water Treatment Supervisor [email protected] 916‐461‐6191 Todd Eising    Utilities Section Manager [email protected] 916‐461‐6163 44 #7..
- 352 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF ROSEVILLE
311 Vernon Street   Roseville, CA  95678
Becky Philipp    Buyer II [email protected] 916‐746‐1110 Shannon Wiest     [email protected] 916‐746‐1112

CITY OF SACRAMENTO
Department of Utilities  5730 24th Street, Bldg 22   Sacramento, CA  95822 Stacy Larkin    Program Analyst, Business Services Division ‐  [email protected] 916‐808‐6356 Logistics

CITY OF YUBA CITY
Public Works Department  701 Northgate Drive   Yuba City, CA  95991 Kevin Rivera    Accountant 1 [email protected] 530‐822‐4645 [email protected] 530‐822‐4636
x3401
Lance Andes    Water Treatment Chief Plant Operator
Amarjit Kaur    Administrative Analyst II (Finance Dept) [email protected] 530‐822‐4659 [email protected] 530‐822‐3264
x 3303
David Newgard    Wastewater Treatment Facility Chief Plant Operator
[email protected] 530‐822‐3264
x3301
Scarlett Harris    Administrative Analyst II
[email protected] 530‐822‐4636
x3400
Terrance Pioro    Water Treatment Plant Supervisor
[email protected] 530‐822‐3264
x3302
Mike Finnigan    Wastewater Treatment Facility Supervisor

EL DORADO IRRIGATION DISTRICT
2890 Mosquito Road   Placerville, CA  95667
Ryan Deakyne    Senior Buyer [email protected] 530‐642‐4405

NEVADA IRRIGATION DISTRICT
1036 W. Main Street   Grass Valley, CA  95945
Coby McCoy    Water Treatment Supervisor [email protected] 530 913‐9710 Joan Tortorici    Buyer [email protected] 530‐273‐6185 Shad Chittock    Water Treatment Superintendent [email protected] 45 #7..
- 353 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST

NEVADA IRRIGATION DISTRICT
1036 W. Main Street   Grass Valley, CA  95945
Coby McCoy    Water Treatment Supervisor [email protected] 530 913‐9710 Joan Tortorici    Buyer [email protected] 530‐273‐6185 Shad Chittock    Water Treatment Superintendent [email protected]

SACRAMENTO COUNTY WATER AGENCY
Vineyard Surface Water Treatment Plant  10151 Florin Road   Sacramento, CA  95829 Daniel Ruiz    Accounting Technician [email protected] 916 874‐1398 Shawn Barnes    Water Treatment Operations Supervisor [email protected] 916‐508‐0858 Tom Pasterski    Water System Superintendent [email protected] 916‐876‐6430 Aaron  Robertson     [email protected] 916‐875‐0746 Jeff Gross     [email protected]
South Bay

CITY OF MORGAN HILL
100 Edes Court   Morgan Hill, CA  95037‐5301
Inga Alonzo    Public Utilities Management Analyst [email protected] 408‐310‐4182

CITY OF SANTA CLARA
Purchasing Division  1500 Warburton Avenue   Santa Clara, CA  95050 Nick van Haeften    Division Manager [email protected] 408‐615‐2717 Alex Price    Senior Engineer [email protected] 408‐615‐6051

CITY OF SUNNYVALE
Water Pollution Control Plant  1444 Borregas Avenue   Sunnyvale, CA  94088‐3707 Bryan Berdeen    Operations Manager [email protected] 408‐730‐7261 Lisa Vo     [email protected]

CITY OF WATSONVILLE
500 Clearwater Lane   Watsonville, CA  95076
[email protected]
rg
Mike Wagoner    Wastewater Operations Supervisor 831‐768‐3181 Ryan Smith
[email protected]
Ryan Smith    WW Division Manager 831‐728‐3175
46 #7..
- 354 -

BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

PARTICIPATING MEMBER AGENCY CONTACT LIST
SAN JOSE ‐ SANTA CLARA REGIONAL WASTEWATER FACILITY
700 Los Esteros Road   San Jose, CA  95134
Mark Nicholl     [email protected] 408‐635‐6635 Tim Lewis    Wastewater Facility Operations Manager [email protected] 408‐635‐2057 Satya Nand     [email protected] 408‐635‐2054
Tri Valley

CITY OF LIVERMORE
Water Resources/Public Works Department  101 West Jack London Blvd.   Livermore, CA  94551 Jimmie Truesdell    WR Operations Manager [email protected] 925‐960‐8122

DUBLIN SAN RAMON SERVICES DISTRICT
Regional Wastewater Treatment Facility  7399 Johnson Drive   Pleasanton, CA  94588 Erin Steffen    Management Analyst II [email protected] 925‐875‐2393 Virgil Sevilla    WWTP Operations Superintendent [email protected] 925‐875‐2300 Dan Pettinichio    Senior Water/Wastewater Systems [email protected] 925 404‐4524 Operator (Potable Water Distribution)
Diane Griffin    Operations Compliance Manager [email protected] 925‐875‐2324 Clint Byrum    Water/Wastewater Systems Superintendent [email protected] 925‐875‐2367 Jeff Carson    Operations Manager [email protected] 925‐875‐2345 ZONE 7 WATER AGENCY
100 North Canyons Parkway   Livermore, CA  94551
Zeljka Bozic    Buyer I [email protected] 925 454 5029 Karen Bartels    Buyer II [email protected] 925‐454‐5039 47 #7..
- 355 -

SECTION IV

BAY AREA CHEMICAL CONSORTIUM

BID CONTRACT DOCUMENTS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***
48 #7..
- 356 -
1692799v1

BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 13-2023
SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
I hereby agree to furnish SODIUM HYPOCHLORITE 12.5% identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.

Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document. 49 #7..
- 357 -
1692799v1
STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder:
______________________________________________________________________________

2. Bidder’s Street Address:
______________________________________________________________________________

3. Mailing Address:
______________________________________________________________________________

4. Business Telephone: _______________ Fax Number: ________________

5. Type of Supplier:
□ Sole Proprietor □ Partnership □ Corporation □ LLC
If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________

10. References:

Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________

11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 50 #7..
- 358 -
1692799v1
Non-Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid
State of California )
) ss.

County of )
__________________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)
___________________________ of ______________________________________ the party making the (Title of Representative) (Legal Name of Bidder)
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
_________________________________
Signature of: President, Secretary,
Manager, Owner, or Representative
Subscribed and sworn to before me this, day of , 20

Signature of Notary Public In and For
The County of ________________________,
State of _____________________________
All Signatures Must Be Witnessed By Notary
51 #7..
- 359 -
1692799v1

BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 13-2023
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/bacc/
No later than 4:00 PM. PT
Thursday, February 23, 2023
Legal Name of Bidder:
_____________________________________
Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________
Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________
I. All costs except California State sales tax for the purchase of SODIUM HYPOCHLORITE 12.5% must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc.

Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement.

Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).

II. Bidders must submit all of the following, attached to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.

III. Bidder Obligations
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.
52 #7..
- 360 -
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Sodium Hypochlorite 12.5%
Central Valley gal $
City of Lathrop (Veiola NA)
City of Merced
City of Modesto
City of Stockton
City of Turlock
Oakwood Lake Water District
East Bay gal $
Alameda County Water District
City of Hayward
City of San Leandro
Oro Loma Sanitary District
Union Sanitary District
Marin Sonoma Napa gal $
Central Marin Sanitation Agency
City of Mill Valley ‐ Sewerage Agency of Southern Marin Las Gallinas Valley Sanitary District
Marin Municipal Water District
Napa Sanitation District
North Marin Water District
Sanitary District No. 5 of Marin County
Sausalito Marin City Sanitary District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
53 #7..
- 361 -
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
North Bay gal $
Central Contra Costa Sanitary District
City of Antioch
City of Brentwood
City of Martinez
City of Pinole (Pinole/Hercules WPCP)
Contra Costa Water District
Delta Diablo Sanitation District
Diablo Water District
Ironhouse Sanitary District
Pleasant Hill Recreation & Park District
Rodeo Sanitary District
Town of Discovery Bay CSD
West County Wastewater District
Peninsula gal $
City of  South San Francisco
City of Burlingame
City of Daly City/North San Mateo County Sanitation District City of Millbrae
City of San Mateo
Sewer Authority Mid‐Coastside
Sacramento gal $
Carmichael Water District
City of Folsom
City of Roseville
City of Sacramento
City of Yuba City
El Dorado Irrigation District
Nevada Irrigation District
Sacramento County Water Agency

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
54 #7..
- 362 -
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
South Bay gal $
City of Morgan Hill
City of Santa Clara
City of Sunnyvale
City of Watsonville
San Jose ‐ Santa Clara Regional Wastewater Facility
Tri Valley gal $
City of Livermore
Dublin San Ramon Services District
Zone 7 Water Agency
Sodium Hypochlorite 12.5%  In 275‐gal totes (OPTIONAL BID ITEM) North Bay gal $
Contra Costa Water District
Sodium Hypochlorite 12.5%  In Drums (OPTIONAL BID ITEM) North Bay gal $
Diablo Water District
Unit of
Measure
Bid Price per
Unit of Measure
Sodium Hypochlorite 5.25%  (OPTIONAL BID ITEM)
Sacramento $
Nevada Irrigation District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
55 gal
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Bay Area Clean Water Agencies
Bid Results for Project 13-2023 SODIUM HYPOCHLORITE 12.5% Bid Due on February 23, 2023 4:00 PM (PDT)

REGIONAL BID AWARD
Section SODIUM HYP
Description Central Valley East Bay
Unit of Measure gal gal
JCI Jones Chemicals Inc. $0.00 $0.00
Olin Corporation $3.09 $2.89
Univar Solutions USA Inc. $3.50 $3.23
Hasa, Inc. $2.97 $2.85
Lowest responsive bid for each region
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and s bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid p delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregulari Section SODIUM HYP
Description Central Valley East Bay
Estimated annual quantity (in gals) 1,401,000 1,963,000 Olin Corporation $4,329,090.00 $5,673,070.00
Univar Solutions USA Inc. $4,896,495.00 $6,337,349.20
Hasa, Inc. $4,156,626.90 $5,598,868.60
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Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley gal gal gal gal gal gal
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$2.99 $2.99 $3.05 $2.89 $3.09 $2.99
$3.25 $3.21 $3.28 $3.31 $3.25 $3.27
$2.88 $2.81 $2.91 $2.94 $2.88 $2.69
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley 1,084,200 2,173,200 940,000 1,304,400 1,370,000 975,500 $3,241,758.00 $6,497,868.00 $2,867,000.00 $3,769,716.00 $4,233,300.00 $2,916,745.00 $3,523,107.90 $6,982,056.96 $3,082,730.00 $4,322,651.16 $4,451,267.00 $3,194,274.75 $3,126,832.80 $6,096,260.64 $2,736,904.00 $3,830,501.04 $3,951,354.00 $2,626,436.20 SODIUM HYPOCHLORITE 12.5%
and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive e bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the ACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be ncy within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC has the right to ject any and all bids and to waive irregularities in said bids.

SODIUM HYPOCHLORITE 12.5%
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SODIUM
HYPOCHLORITE 12.5%
In 275-gal totes
(Optional bid item)
Sodium Hypochlorite 12.5% In
Drums (OPTIONAL BID ITEM)
SODIUM

HYPOCHLORITE

5.25% (Optional bid
item)
North Bay North Bay Sacramento
gal gal gal
$0.00 $0.00 $0.00
no bid no bid $1.50
no bid no bid no bid
$4.00 $4.00 $3.50
SODIUM
HYPOCHLORITE 12.5%
In 275-gal totes
(Optional bid item)
Sodium Hypochlorite 12.5% In
Drums (OPTIONAL BID ITEM)
SODIUM

HYPOCHLORITE

5.25% (Optional bid
item)
North Bay North Bay Sacramento
2,200 3,960 95,000
no bid no bid $142,500.00
no bid no bid no bid
$8,800.00 $15,840.00 $332,500.00
#7..
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Bay Area Clean Water Agencies
Bid Results for Project 13-2023 SODIUM HYPOCHLORITE 12.5% Bid Due on February 23, 2023 4:00 PM (PT)
Addendum Issued: one

REGIONAL AWARD
Item #

BACC RECOMMENDATION
1 Received via bid platform by bid deadline above
2 Bids submitted on forms provided
3 Must include a base unit price for each geographic area 4 Additional charges for "short load" deliveries shown as a standard deviation on bid form
5 References: minimum of 3
6 Product Specification Deviations - if any, proposed specification must be attached 7 Fully Executed Standard Agreement
8 Fully Executed Non-Collusion Affidavit
9 For potable application only: Affidavit of Compliance to AWWA and/or NSF standard or Statement by chemical manufacturer, signed on letterhead attesting to the affidavit's validity or current printout from NSF.org
10 Representative lab analysis of the chemical prepared by reputable outside laboratory or ISO Certified
11 Name /Address of chemical manufacturer
12 Product Bulletin and Typical Properties
13 Safety Data Sheet (SDS)
14 Addendum/Addenda Acknowledgement
15 Third Party Hauler? If applicable, name, address, Affidavit signed by Bidder 16 Specific Deviations Noted
#4,6,16
Olin
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#11
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Olin Corporation Hasa, Inc.

SODIUM HYPOCHLORITE 12.5% for
Sacramento region, SODIUM HYPOCHLORITE

5.25% (Optional bid item) for Sacramento
region
SODIUM HYPOCHLORITE 12.5% for
Central Valley, East Bay, Marin
Sonoma Napa, North Bay,
Peninsula, South Bay, Tri Valley
regions. SODIUM HYPOCHLORITE

12.5% In 275-gal totes (Optional bid
item) for North Bay. Sodium
Hypochlorite 12.5% In Drums
(OPTIONAL BID ITEM) for North
Bay.
y y
y y
y y
y - see below n
y y
y - see below n
y y
y y
y n
y y
K2 Pure Solutions, CA same
y y
y y
y y
n n
y - see below y - see below
#16 HASA
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#16 Univar
#15 Univar
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Univar Solutions USA Inc.
y
y
y
y-see below
y
n
y
y
y
y
K2 and Univar
y
y
y
y
y-see below
#7..
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#7..
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Bay Area Clean Water Agencies
Bid Results for Project 13-2022 SODIUM HYPOCHLORITE 12.5% Issued on 01/27/2022
Bid Due on February 24, 2022 4:00 PM (PDT)
Exported on 02/24/2022

REGIONAL BID AWARD
Section SODIUM HYPO
Description Central Valley East Bay
Unit of Measure gal gal
Univar Solutions USA Inc. 1.5469 1.4322
Olin Corporation 1.5490 1.4940
Hasa, Inc. 5.0000 1.6300
Lowest responsive bid for each region
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specific be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in region will be determined by multiplying the estimated annual quantity for each participating agency within the particular regio has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to #7..
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Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley gal gal gal gal gal gal

1.4640 1.3852 1.4916 1.5166 1.4642 1.4424

1.5890 1.5490 1.5490 1.5490 1.6240 1.4940

5.0000 1.6100 5.0000 5.0000 5.0000 5.0000
SODIUM HYPOCHLORITE 12.5%
and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each rticipating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. BACC ves the right to reject any and all bids and to waive irregularities in said bids. #7..
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SODIUM
HYPOCHLORITE 12.5%
In 275-gal totes
(Optional bid item) SODIUM HYPOCHLORITE 12.5% In Drums (Optional bid item) North Bay Central Valley North Bay
gal gal gal
no bid no bid no bid
no bid no bid no bid

2.0100 no bid 2.1500
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SODIUM HYPOCHLORITE 12.5%
In Caryboys (Optional bid item)
SODIUM

HYPOCHLORITE

5.25% (Optional bid
item)
Sacramento Sacramento
gal
no bid no bid
no bid 0.9290
no bid no bid
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Bay Area Clean Water Agencies
Bid Results for Project 13-2021 SODIUM HYPOCHLORITE 12.5% Issued on 03/18/2021
Bid Due on April 15, 2021 4:00 PM (PDT)
Exported on 04/15/2021
Section SODIUM HYPOC
Description Central Valley East Bay
Unit of Measure gal gal
Univar Solutions USA Inc. $0.71240 $0.71550
Olin Corporation $0.78900 $0.70400

REGIONAL AWARD

SODIUM HYPOC
Central Valley East Bay
Estimated annual quantity (in gals) 1,549,000 1,989,000 Univar $1,103,507.60 $1,423,129.50
Olin Chlor $1,222,161.00 $1,400,256.00
*Highligted bid prices are only to show the apparent low bid and should not be construed as any indication that BACC has accep Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specific be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids a 2020 bid was canceled due to COVID-19 and contract was extended; this comparison below is using 2019 bid prices Comparison of LOWEST OVERALL RESPONSIVE BID to Previous Year's Awarded Bid 2019 Bid Awarded to: Univar for all regions
except for Sacramento awarded to Olin Chlor
Unit price
Central Valley East Bay
2019 Awarded Unit Price $0.68730 $0.65820
$ Increase/Decrease in 2021 $0.02510 $0.04580
% Increase/Decrease in 2021 3.65% 6.96%
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Average Increase Overall: 7.12%
Average Increase Overall: $0.04799
#7..
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Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley gal gal gal gal gal gal
$0.76910 $0.73660 $0.74600 $0.85880 $0.73770 $0.70150
$0.77900 $0.73900 $0.73900 $0.75400 $0.76900 $0.70400
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley 1,035,000 2,194,000 1,620,500 1,082,400 1,400,000 1,125,000 $796,018.50 $1,616,100.40 $1,208,893.00 $929,565.12 $1,032,780.00 $789,187.50 $806,265.00 $1,621,366.00 $1,197,549.50 $816,129.60 $1,076,600.00 $792,000.00 Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley $0.70010 $0.67470 $0.69760 $0.73900 $0.64130 $0.67220
$0.06900 $0.06190 $0.04140 $0.01500 $0.09640 $0.02930

9.86% 9.17% 5.93% 2.03% 15.03% 4.36%
SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5%
strued as any indication that BACC has accepted such bid as responsive; see bid review for award recommendation. and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for ch participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost. reserves the right to reject any and all bids and to waive irregularities in said bids. n below is using 2019 bid prices
Unit price per gallon
#7..
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#7..
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SODIUM
HYPOCHLORITE 12.5%
In 275-gal totes
(Optional bid item)
SODIUM HYPOCHLORITE 12.5%
In Drums (Optional bid item)
SODIUM

HYPOCHLORITE

5.25% (Optional bid
item)
North Bay Marin Sonoma Napa Sacramento
gal gal gal
no bid no bid no bid
no bid no bid $0.66000

12.5% In 275-gal totes
(Optional bid item)

12.5% In Drums (Optional Bid
Item)

5.25%
(Optional Bid Item)
North Bay Marin Sonoma Napa Sacramento
2,200 1,700 85,000
#VALUE! #VALUE! #VALUE!
#VALUE! #VALUE! $56,100.00
#7..
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BAY AREA CHEMICAL CONSORTIUM
Final Bid Tabulation for Bid No. 13-2019
Supply and Delivery of Sodium Hypochlorite 12.5%
for the period FYE 2019/2020
Bid Open Date Tuesday, April 2, 2019 at 9:00 PDT
Unit price per gallon
Optional Bid Item IN CARBOYS
Unit price per gal
Optional Bid Item 5.25%
Unit price per gal
Name of Bidder Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley Marin Sonoma
Napa Sacramento Sacramento
Univar $0.68730 $0.65820 $0.70010 $0.67470 $0.69760 $0.78630 $0.64130 $0.67220 no bid no bid no bid Olin Chlor $0.69900 $0.69900 $0.75900 $0.71900 $0.71900 $0.73900 $0.71900 $0.67900 no bid no bid $0.65000 Lowest responsive bid per region
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost.

REGIONAL AWARD
Aggregate Cost Calculation Optional Bid Item IN CARBOYS Unit price per gal
Optional Bid Item 5.25%
Unit price per gal
Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley Marin Sonoma
Napa Sacramento Sacramento
Estimated annual quantity (in gals) 1,316,500 1,972,500 1,053,800 2,173,900 1,611,500 1,016,000 1,340,000 1,146,500 16,000 1,160 80,000 Univar $904,830.45 $1,298,299.50 $737,765.38 $1,466,730.33 $1,124,182.40 $798,880.80 $859,342.00 $770,677.30 #VALUE! #VALUE! #VALUE! Olin Chlor $920,233.50 $1,378,777.50 $799,834.20 $1,563,034.10 $1,158,668.50 $750,824.00 $963,460.00 $778,473.50 #VALUE! #VALUE! $52,000.00

LOWEST OVERALL PER REGION
Comparison of LOWEST OVERALL RESPONSIVE BID to Previous Year's Awarded Bid 2018 Bid Awarded to: Univar for all
regions except for Sacramento &
TriValley awarded to Olin Chlor Unit price per gallon
Optional Bid Item IN CARBOYS
Unit price per gal
Optional Bid Item 5.25%
Unit price per gal
Optional Bid Item

IN DRUMS
Unit price per gal
Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley Marin Sonoma
Napa Sacramento Sacramento North Bay
2018 Awarded Unit Price $0.65520 $0.65390 $0.66530 $0.64690 $0.65230 $0.66400 $0.60530 $0.64900 No Bid No Bid N/A No Bid $ Increase/Decrease in 2019 $0.03210 $0.00430 $0.03480 $0.02780 $0.04530 $0.12230 $0.03600 $0.02320 N/A N/A N/A N/A % Increase/Decrease in 2019 4.90% 0.66% 5.23% 4.30% 6.94% 18.42% 5.95% 3.57% N/A N/A N/A N/A Average Increase Overall: 6.25%
Average Increase Overall: $0.04073
BID HISTORY (to be completed later) Unit price per gallon Year Awarded Supplier 1 Central Valley 2 East Bay
3 Marin Sonoma
Napa 4 North Bay 5 Peninsula 6 Sacramento 7 South Bay 8 Tri Valley 2013
2014
2015
2016
2017 Univar USA (all but #6), Olin (#6) $0.48200 $0.44700 $0.54900 $0.46500 $0.48800 $0.53400 $0.44100 $0.47100 2018 Univar USA (all but #6, #8), Olin (#6, #8) $0.65520 $0.65390 $0.66530 $0.64690 $0.65230 $0.66400 $0.60530 $0.64900 2019 Univar USA $0.68730 $0.65820 $0.70010 $0.67470 $0.69760 $0.78630 $0.64130 $0.67220 #7..
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BAY AREA CHEMICAL CONSORTIUM
Final Bid Tabulation for Bid No. 13-2018
Supply and Delivery of Sodium Hypochlorite 12.5% for Fiscal Year 2018/2019 Open Date: Tuesday, April 10, 2018 at 9:00 a.m. PDT
Unit price per gallon
Optional Bid Item

IN DRUMS
Unit price per gal
Optional Bid Item

IN CARBOYS
Unit price per gal
Name of Bidder Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay South Bay Olin Chlor Alkali Products $0.66900 $0.66900 $0.73900 $0.68900 $0.72900 $0.66400 $0.65900 $0.64900 no bid no bid Univar USA Inc. $0.65520 $0.65390 $0.66530 $0.64690 $0.65230 $0.77490 $0.60530 $0.67220 no bid no bid Lowest responsive bid per region
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder for each listed region meeting the specifications for bulk loads for the chemical. The lowest responsive bidder for this chemical will be determined for each region listed on the Bid Form. The bidder that meets the specifications and submits the lowest overall bid price for a particular region may be awarded the bid by the participating agencies in that region, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. The lowest overall bid price for each region will be determined by multiplying the estimated annual quantity for each participating agency within the particular region by the bid prices for the region, and adding up the aggregate cost.

REGIONAL AWARD
Aggregate Cost Calculation
Optional Bid Item

IN DRUMS
Optional Bid Item

IN CARBOYS
Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay South Bay Estimated annual quantity (in gals) 887,600 1,652,000 1,139,000 1,899,000 957,000 832,800 2,707,800 997,000 Olin Chlor Alkali Products $593,804.40 $1,105,188.00 $841,721.00 $1,308,411.00 $697,653.00 $552,979.20 $1,784,440.20 $647,053.00 Univar USA Inc. $581,555.52 $1,080,242.80 $757,776.70 $1,228,463.10 $624,251.10 $645,336.72 $1,639,031.34 $670,183.40 Comparison of LOWEST OVERALL RESPONSIVE BID to Previous Year's Awarded Bid 2017 Bid Awarded to: Univar for all
regions except for Sacramento
awarded to Olin Chlor
Unit price per gallon
Optional Bid Item

IN DRUMS
Unit price per gal
Optional Bid Item

IN CARBOYS
Unit price per gal
Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay South Bay 2017 Awarded Unit Price $0.48200 $0.44700 $0.54900 $0.46500 $0.48800 $0.53400 $0.44100 $0.47100 No Bid No Bid $ Increase/Decrease in 2018 $0.17320 $0.20690 $0.11630 $0.18190 $0.16430 $0.24090 $0.16430 $0.20120 n/a n/a % Increase/Decrease in 2018 35.93% 46.29% 21.18% 39.12% 33.67% 45.11% 37.26% 42.72% n/a n/a Average Increase Overall: 37.66%
Average Increase Overall: $0.18113
#7..
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Final Bid Tabulation for Bid No. 13-2017
Supply and Delivery of 12.5% Sodium Hypochlorite
Open Date: Tuesday, April 4, 2017 at 9:00 a.m. PDT
Name of Bidder
North Bay
Unit Price
Per Gallon
North Bay
Optional Bid Item
Unit Price
Per Gallon in
drums
East Bay
Unit Price
Per Gallon
Tri-Valley
Unit Price
Per Gallon
South Bay
Unit Price
Per Gallon
South Bay
Optional Bid Item
Unit Price
Per Gallon in
carboys
South Bay
Optional Bid Item
Unit Price
Per Gallon in
drums
Peninsula
Unit Price
Per Gallon
Marin-SonomaNapa
Unit Price
Per Gallon
Sacramento Area
Unit Price
Per Gallon
Sacramento
Area
Optional Bid
Item
Unit Price
Per Gallon in
carboys
Central Valley
Unit Price
Per Gallon
Olin Chlor Alkali Products and Vinyls $0.539 No Bid $0.539 $0.524 $0.524 No Bid No Bid $0.549 $0.569 $0.534 No Bid $0.524 HASA, Inc. $0.785 No Bid $0.805 $0.795 $0.826 No Bid No Bid $0.856 $0.876 $0.882 No Bid $0.892 Univar USA Inc. $0.465 No Bid $0.447 $0.471 $0.441 No Bid No Bid $0.488 $0.549 $0.645 No Bid $0.482 Sierra Chemical Co.
*Non-responsive bid for Central Valley region. Product
does not conform to NSF standards; is for wastewater
application only, and includes a freight charge between supplier's facility and delivery points outside a 10 mile area.
$2.00 $1.75 $2.00 $2.00 $2.00 $2.53 $2.10 $2.00 $2.00 $2.00 $2.65 $0.33* Lowest Responsive Bid for each Region
#7..
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1 ANNUAL AGREEMENT NO 250081
UNIVAR SOLUTIONS USA, INC.

FOR CHEMICALS FOR WASTEWATER TREATMENT
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of ________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Univar Solutions USA, Inc., hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023- XXX authorizing the Award of Bid and agreement for the chemicals for wastewater treatment to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the chemicals for wastewater treatment as described in RFB 05-2023, attached hereto as Exhibit “C” and made a part hereof (hereinafter called RFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $65,325.

Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item Description Unit of Measure Unit Pricing
Citric Acid 48% - 52% (Liquid) BULK Gal $15.00

3. CITY REPRESENTATIVE:

CITY Representative is: Ben Koehler, WQC Operations Superintendent, 209-342-4502 Delivery to 7007 Jennings Rd: Jennings Operator, 20-652-8662 Purchasing Department: Carol Wattle, Senior Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #7..
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3 4. CONTRACTOR CONTACT:

Jennifer Perras, (253) 872-5040, [email protected]

5. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one-year.

Year 1: July 1, 2023 through June 30, 2024

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.
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4 If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and #7..
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5 receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number -
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #7..
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6 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

10. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement.
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. RFB No. 05-2023
d. CONTRACTOR’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause. #7..
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7 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of #7..
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8 CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
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9 a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an #7..
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10 amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Univar Solutions USA
8201 S. 212th
Kent, WA 98032-1994
ATTN: Jennifer Perras
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

21. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply. #7..
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11 23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements #7..
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12 promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever. #7..
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13 28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

31. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this #7..
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14 Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and Univar Solutions USA Inc., has caused this Agreement to be duly executed.
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS
BID NO. 05-2023

FOR SUPPLY AND DELIVERY OF CITRIC ACID
BID DUE DATE: 4:00 P.M. PT, Thursday, February 23, 2023 BID OPENING DATE: 4:00 P.M. PT, Thursday, February 23, 2023 Coordinating Agency:

Bay Area Clean Water Agencies
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TABLE OF CONTENTS
Page No.

Notice Inviting Sealed Bids 3
Section I – General

1. General Provisions 5

2. Instructions to Bidders 5

3. Special Instructions to Bidders 11

4. Terms and Conditions 15
Section II – Technical Specifications

1. Product Technical Specifications 21
Section III – Participating Agencies

1. Estimated Annual Quantities 24

2. Delivery Details 26

3. Contact List 28
Section IV – Bid Contract Documents

1. Standard Agreement 31

2. Non-Collusion Affidavit 33

3. Bid Form and Worksheet 35
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NOTICE INVITING SEALED BIDS

FOR SUPPLY AND DELIVERY OF CITRIC ACID

BAY AREA CHEMICAL CONSORTIUM (BACC)
BID NO. 05-2023
The Bay Area Chemical Consortium (BACC), a cooperative group of public agencies, is seeking competitive sealed bids for the supply and delivery of CITRIC ACID. All sealed bids to be considered for this solicitation must be received via our electronic bid platform https://bacwa.org/bacc/ by 4:00 P.M. PT, Thursday, February 23, 2023. Bids received after said date and time will not be considered under any circumstances.

Bids submitted by mail or by facsimile will not be accepted. BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

For additional information or any questions concerning this bid, use the public Q&A Forum in our electronic bid system.
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SECTION I

BAY AREA CHEMICAL CONSORTIUM

GENERAL
FOR BID NO. 05-2023

CITRIC ACID
4 #7..
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS

FOR SUPPLY AND DELIVERY OF CITRIC ACID
BID NO. 05-2023
Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023.

1. GENERAL PROVISIONS
The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies each individually established under the laws of the State of California. For this particular bid solicitation, the participating member agencies include those listed in Section III-1, Estimated Annual Quantities. These participating BACC agencies, acting collectively through their authorized agents, are seeking competitive sealed bids for the supply and delivery of Citric Acid.