Agenda packet, first session — Modesto City Council, August 8, 2023 (part 4 of 5)

Call 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 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.

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the June 26, 2023 meeting where it was recommended it be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

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

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving 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 #15..
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City Council, August 8, 2023
On-Call Environmental Site Assessment Services Agreements

Page 3 of 3 ends

extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.

Resolution approving 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 authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

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

1. Resolutions (2)

2. Atlas - Agreement

3. Atlas - Exhibits to Agreement

4. Tetra Tech - Agreement

5. Tetra Tech - Exhibits to Agreement
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08/08/2023/Utilities/JAlves/Item 15 1 2023-367

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-367

RESOLUTION APPROVING 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

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE

THE AGREEMENT
WHEREAS, 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, and WHEREAS, the City 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, and
WHEREAS, retaining on-call professional consultants allows the Department to have quick access to CEQA Environmental Site Assessment Services when needed, and WHEREAS, 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, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement, and
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08/08/2023/Utilities/JAlves/Item 15 2 2023-367
WHEREAS, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Agreement for Environmental Site Assessment Services with Atlas Consulting Group, Modesto, CA, for one year with two one-year extension options, for an annual cost not to exceed $50,000, and a total cost not to exceed $150,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #15..
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08/08/2023/Utilities/JAlves/Item 15 3 2023-367
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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08/08/2023/Utilities/JAlves/Item 15 1 2023-368

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-368

RESOLUTION APPROVING 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 AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, 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, and WHEREAS, the City 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, and
WHEREAS, retaining on-call professional consultants allows the Department to have quick access to CEQA Environmental Site Assessment Services when needed, and WHEREAS, 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, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement, and
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08/08/2023/Utilities/JAlves/Item 15 2 2023-368
WHEREAS, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Agreement for Environmental Site Assessment Services with Tetra Tech, Rancho Cordova, CA, for one year with two one-year extension options, for an annual cost not to exceed $50,000, and a total cost not to exceed $150,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #15..
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08/08/2023/Utilities/JAlves/Item 15 3 2023-368
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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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 #15..
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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 #15..
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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, #15..
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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 #15..
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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 #15..
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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 #15..
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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 #15..
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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; #15..
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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 #15..
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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 #15..
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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. #15..
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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.

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.

DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 8th August
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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.

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.

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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.

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.

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.

DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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.

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.

DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.

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.

DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.

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.

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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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: 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 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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.
(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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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 deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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, DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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 Convenience
TheCitymay also terminate theConsultant's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding 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. TheCityshall provide no lessthan 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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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 mayhave 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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.

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.

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, DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

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.

DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.

21. WAIVER.

22. AUDIT.

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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.

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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.

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.

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 DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 #15..
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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.

DocuSign Envelope ID: 0F90BC4A-F0CC-40CE-A992-0F2030240F28 8th August
368
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EXHIBIT A

EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 8, 2023
Date: July 19, 2023
TO: Mayor and City Council
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 approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, and Hasa Inc., Saugus, CA, for the Purchase and Delivery of Wastewater Treatment Chemicals for a total amount not to exceed $199,242 over one year. (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. approved by Council October 26, 2021, under Resolution 2021-421 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. #16..
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City Council, August 8, 2023
Chemical Agreements for Wastewater Treatment

Page 2 of 3 ends

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 initially recommended 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 was not to exceed $210,674 and would be terminated on June 30, 2024. The consortium pricing of $203,301, would have provided an estimated savings of $160,421. However, Brenntag was nonresponsive to our requests to establish a one-year Agreement, so staff decided to proceed with establishing Agreements with only Univar and Hasa. By establishing Agreements with Univar and Hasa, the new total amount not to exceed is $199,242 and the new estimated savings has been calculated at $148,989.

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.

Establishing an Agreement for the purchase and delivery of Chemicals for Wastewater Treatment for the Utilities Department, Wastewater Division, with Univar Solutions, USA Inc., Kent, WA, and Hasa Inc., Saugus, CA conforms to the Modesto Municipal Code because Univar Solutions, USA Inc., Kent, WA, 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 $199,242 for one year. Sufficient funds are budgeted in Fiscal Year 2024 in the Sewer Operations Fund. #16..
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City Council, August 8, 2023
Chemical Agreements for Wastewater Treatment

Page 3 of 3 ends

Chemicals Total Tax Total
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 $199,242
COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on June 26, 2023, with a recommendation to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a one-year Agreement for a total amount not to exceed $65,325, and authorizing the Director of Finance, or her designee, to execute the Agreement.

Resolution approving a Purchasing Agreement with Hasa Inc., Saugus, CA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a one-year Agreement for a total amount not to exceed $133,917, and authorizing the Director of Finance, or her designee, to execute the Agreement.

Approved by:

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

1. Resolution – Univar

2. Resolution – Hasa

3. Exhibit A – Univar Agreement

4. Exhibit B – Univar Submittal

5. Exhibit C – Univar RFB

6. Exhibit A – Hasa Agreement

7. Exhibit B – Hasa Submittal

8. Exhibit C – Hasa RFB

9. Bid Tabulation Univar

10. Bid Tabulation Hasa
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08/08/2023/Utilities/JFarnsworth/Item 16 1 2023-369

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-369

RESOLUTION APPROVING A PURCHASING AGREEMENT WITH UNIVAR SOLUTIONS, USA INC., KENT, WA, BY UTILIZING THE COMPETITIVE BID

PROCESS WITH BAY AREA CLEAN WATER AGENCIES, FOR THE

PURCHASE AND DELIVERY OF CHEMICALS FOR WASTEWATER

TREATMENT, FOR A ONE-YEAR AGREEMENT FOR A TOTAL AMOUNT
NOT TO EXCEED $65,325, AND AUTHORIZING THE DIRECTOR OF

FINANCE, OR HER DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto's Utilities Department, specifically the Wastewater Services Division, relies on various chemicals in their wastewater treatment process; and
WHEREAS, 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; and
WHEREAS, 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; and WHEREAS, 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; and
WHEREAS, 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); and
#16..
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08/08/2023/Utilities/JFarnsworth/Item 16 2 2023-369
WHEREAS, on February 24, 2023, the results of the Request for Bids (RFB) were published on BACWA's website; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; and WHEREAS, establishing an Agreement for the purchase and delivery of Chemicals for Wastewater Treatment for the Utilities Department, Wastewater Division, with Univar Solutions, USA Inc., Kent, WA, conforms to the Modesto Municipal Code because Univar was the lowest responsive and responsible bidders for Citric Acid for the Central Valley in the competitive bidding process completed by BACWA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement for the purchase and delivery of Chemicals for Wastewater Treatment for the Utilities Department, Wastewater Division, with Univar Solutions, USA Inc., Kent, WA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater #16..
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08/08/2023/Utilities/JFarnsworth/Item 16 3 2023-369
Treatment, for a one-year Agreement set to expire on June 30, 2024, for a total amount not to exceed $65,325.

BE IT FURTHER RESOLVED that the Finance Director, or her designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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08/08/2023/Utilities/JFarnsworth/Item 16 1 2023-370

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-370

RESOLUTION APPROVING A PURCHASING AGREEMENT WITH HASA
INC., SAUGUS, CA, BY UTILIZING THE COMPETITIVE BID PROCESS WITH

BAY AREA CLEAN WATER AGENCIES, FOR THE PURCHASE AND

DELIVERY OF CHEMICALS FOR WASTEWATER TREATMENT, FOR A

ONE-YEAR AGREEMENT FOR A TOTAL AMOUNT NOT TO EXCEED
$133,917, AND AUTHORIZING THE DIRECTOR OF FINANCE, OR HER

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto's Utilities Department, specifically the Wastewater Services Division, relies on various chemicals in their wastewater treatment process; and
WHEREAS, 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; and
WHEREAS, 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; and WHEREAS, 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; and
WHEREAS, 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); and
#16..
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08/08/2023/Utilities/JFarnsworth/Item 16 2 2023-370
WHEREAS, on February 24, 2023, the results of the Request for Bids (RFB) were published on BACWA's website; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; and WHEREAS, establishing an Agreement for the purchase and delivery of Chemicals for Wastewater Treatment for the Utilities Department, Wastewater Division, with Hasa Inc., Saugus, CA, conforms to the Modesto Municipal Code because Hasa was the lowest responsive and responsible bidders for Sodium Hypochlorite for the Central Valley in the competitive bidding process completed by BACWA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement for the purchase and delivery of Chemicals for Wastewater Treatment for the Utilities Department, Wastewater Division, with Hasa Inc., Saugus, CA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a #16..
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08/08/2023/Utilities/JFarnsworth/Item 16 3 2023-370
one-year Agreement set to expire on June 30, 2024, for a total amount not to exceed $133,917.

BE IT FURTHER RESOLVED that the Finance Director, or her designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney.

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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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:

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 -----
369
8th August
#16..
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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.

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
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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:

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
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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 DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
- 639 -
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 - 250081
• 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 DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
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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.

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 369
#16..
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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 DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
- 642 -
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:

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
- 643 -
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 DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
- 644 -
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.

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
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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 DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
- 646 -
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.

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
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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 DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 #16..
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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 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.

DocuSign Envelope ID: 20D84353-47E7-4A0C-8CBA-B643637B5920 8th
August
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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
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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.

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 #16..
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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.
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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.

Bids that do not include unit prices for deliveries to each region shown on the bid form will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration.

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.

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).

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 7 #16..
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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.

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 8 #16..
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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.

2.16 Method of Award
Bids may be awarded to the lowest responsive and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements.

BACC has the right to delete terms or options from the bid contract documents and reserves the right to 9 #16..
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reject any and all bids and to waive irregularities in said bids. The following is a non-exhaustive list of criteria that BACC may, in its sole discretion, consider 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.

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. 10 #16..
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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 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 11 #16..
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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 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 12 #16..
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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
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
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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 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 14 #16..
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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, 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
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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. 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 16 #16..
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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
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
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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
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
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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. 05-2023

CITRIC ACID
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PRODUCT TECHNICAL SPECIFICATIONS
CITRIC ACID, 48% – 52% LIQUID

1. Product
a. Liquid Citric Acid 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 products bid must be current on the date of bid submittal. b. It is the responsibility of the vendor to inform each of 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.

2. Quality
a. Liquid Citric Acid shall be within 48 - 52 percent by weight citric acid. b. Specific gravity of the solution shall be 1.24 (+/- 0.01). c. Material shall be homogenous liquid form.
d. Liquid Citric acid 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.
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PRODUCT TECHNICAL SPECIFICATIONS
CITRIC ACID, CRYSTALLINE POWDER IN 50 LB. BAGS

1. Physical and Chemical Properties
The citric acid shall be in an anhydrous water-free form.

Appearance Crystalline powder, shipped in 50-pound bags on pallets.

Color White
Solubility Soluble in water
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SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 05-2023

CITRIC ACID
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BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 05‐2023
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2023/2024
Citric Acid 48% ‐ 52% Liquid gal 15,000 4,000
Central Valley
City of Modesto gal 0 4,000
City of Stockton gal 14,000 0
14,000 4,000
Sacramento
City of Yuba City gal 1,000 0
1,000 0
Citric Acid dry material lb 0 8,200
North Bay
Ironhouse Sanitary District lb 0 4,000
0 4,000
Tri Valley
Dublin San Ramon Services District lb 0 4,200
0 4,200
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SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 05-2023

CITRIC ACID
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BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 05‐2023

CITRIC ACID
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
Once a year 4,000 gal
City of Stockton
Delta Water Supply Plant 11373 N. Lower
Sacramento Road
Lodi 3‐4x per month 270 gal

NORTH BAY
Ironhouse Sanitary District
450 Walnut
Meadows Dr
Oakley Bimonthly (every other
month)
660 gal (2 x 330 gallon
totes)

SACRAMENTO
City of Yuba City
Water Treatment Plant 701 Northgate Drive Yuba City 2x per year 500 gallons

TRI VALLEY
Dublin San Ramon Services District
Regional Wastewater Treatment
Facility
7399 Johnson Drive Pleasanton 1x per year approx 80 bags of 50‐lb bag (dry material)
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SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 05-2023

CITRIC ACID
27 #16..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 05‐2023

CITRIC ACID

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 North Bay

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]
Sacramento

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 28 #16..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 05‐2023

CITRIC ACID

PARTICIPATING MEMBER AGENCY CONTACT LIST
Tri Valley

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 29 #16..
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SECTION IV

BAY AREA CHEMICAL CONSORTIUM

BID CONTRACT DOCUMENTS
FOR BID NO. 05-2023

CITRIC ACID
*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***
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BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 05-2023

SUPPLY AND DELIVERY OF CITRIC ACID
I hereby agree to furnish CITRIC ACID 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. 31 #16..
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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):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 32 #16..
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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
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BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 05-2023

FOR SUPPLY AND DELIVERY OF CITRIC ACID
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 CITRIC ACID 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.
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Refer to paragraph 2.4 Bid Pricing for full details.

Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

BID NO. 05‐2023

CITRIC ACID
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Bid Price per
Unit of Measure
Citric Acid 48% ‐ 52% Liquid
Central Valley gal $
City of Modesto
City of Stockton
Sacramento gal $
City of Yuba City
Citric Acid dry material
North Bay lb $
Ironhouse Sanitary District
Tri Valley lb $
Dublin San Ramon Services District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
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1 ANNUAL AGREEMENT NO 250101
HASA INC.

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:

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.

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 #16..
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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

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 #16..
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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.

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 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. #16..
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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 #16..
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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.

13. COMPLIANCE WITH ALL LAWS:

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.

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 #16..
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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:

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.

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. #16..
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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 #16..
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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.

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. #16..
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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:

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 #16..
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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:

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement 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. #16..
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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.

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.

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 #16..
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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).

2.3 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.

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 #16..
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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.

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.

2.7 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.

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.

2.10 Modification of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.

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.

2.15 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

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

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 #16..
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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.

3.5 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 #16..
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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.

3.8 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.

3.10 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.

3.12 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.

3.14 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 #16..
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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.

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 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 #16..
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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

4.2 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 #16..
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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.

4.5 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.

4.10 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.

SECTION II

BAY AREA CHEMICAL CONSORTIUM

PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
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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 #16..
- 801 -
• 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 #16..
- 802 -
SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
23 #16..
- 803 -

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 #16..
- 804 -
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 #16..
- 805 -
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
#16..
- 806 -
SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
27 #16..
- 807 -

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 #16..
- 808 -

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 #16..
- 809 -

BAY AREA CHEMICAL CONSORTIUM

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 #16..
- 810 -

BAY AREA CHEMICAL CONSORTIUM

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 #16..
- 811 -

BAY AREA CHEMICAL CONSORTIUM

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 #16..
- 812 -

BAY AREA CHEMICAL CONSORTIUM

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 #16..
- 813 -

BAY AREA CHEMICAL CONSORTIUM

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 #16..
- 814 -

BAY AREA CHEMICAL CONSORTIUM

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 #16..
- 815 -

BAY AREA CHEMICAL CONSORTIUM

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 #16..
- 816 -
SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%
37 #16..
- 817 -

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 #16..
- 818 -

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 #16..
- 819 -

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 #16..
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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 #16..
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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

PLEASANT HILL RECREATION & PARK DISTRICT
147 Gregory Lane Pleasant Hill, CA 94523
Korey Riley Aquatics Program Manager [email protected] 925‐682‐0896 42 #16..
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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 #16..
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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 #16..
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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

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 #16..
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BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%

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 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]
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Mike Wagoner    Wastewater Operations Supervisor 831‐768‐3181 Ryan Smith
[email protected]
Ryan Smith    WW Division Manager 831‐728‐3175
46 #16..
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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 #16..
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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. ***
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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.