Agenda packet — City Council and Concurrent Authorities, May 2, 2023 (part 4 of 5)

EXHIBIT 4
740
2 (REV 2022-05-17)
Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, incl uding Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or su bcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) pr ovision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisf y the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Other Insurance Provisions

A. The General Liability, Automobile Liabi lity, Contractors Pollution Liability, and/or Asbestos Pollution policies ar e to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor in cluding materials, parts or equipment furnished in connect ion with such work or operations. General liability coverage can be provided in the form of an endorsement to the Co ntractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton , its officers, officials, employees, and volunteers.” Policy shall cover City of Stockt on, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insuran ce maintained by the Ci ty of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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EXHIBIT 4
741
3 (REV 2022-05-17)

3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollutio n Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be mainta ined and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-rene wed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims re porting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liab ility shall not contain lead -based paint or asbestos exclusions. If the services in volve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies sh all provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provide d on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also a pply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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EXHIBIT 4
742
4 (REV 2022-05-17)
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.

Verification of Coverage

Contractor shall furnish the City of Stockton with original certifi cates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listi ng all policy endorsements . All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stoc kton reserves the right to require complete, certified copies of all requir ed insurance policies, includin g endorsements required by these specifications, at any ti me. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Waiver of Subrogation
Contractor hereby grants to City of St ockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Co ntractor agrees to obtain any endorsement that may be necessary to a ffect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, se rvice, or repair work , shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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EXHIBIT 4
743
5 (REV 2022-05-17)
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

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EXHIBIT 4
744
1 (Rev. 10.30.18; Mod 07.12.22 SG)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1 Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shal l provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2 City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3 Compensation. City shall pay Contractor for se rvices rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4 Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with du e diligence in accordance with the degree of skill normally exercised by similar contra ctors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5 Ownership of Work. All reports, work product, all other documents completed or partially completed by Contra ctor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to eviden ce such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall repl ace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes Contract with Hasa, Inc. for Sodium Hypochlorite

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EXHIBIT 4
745
2 (Rev. 10.30.18; Mod 07.12.22 SG)
other than performance of se rvices under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6 Timeliness. Time is of the essence in th is Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7 Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreem ent for City 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 the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8 Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9 Contractor’s Status.

9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent co ntractor and Contractor sha ll not be considered to be an employee of the City fo r any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City.

Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expre ssly provided in Exhibit A, Contractor 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 the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall deter mine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor 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 Contractor in fulfillment of this Agreement.

Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the re sponsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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

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EXHIBIT 4
746
3 (Rev. 10.30.18; Mod 07.12.22 SG)

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10 Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

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

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

11 Termination.

11.1 Termination for Convenience of City. T he City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If t he Agreement is so terminated, the Contractor sha ll be paid for the work actually completed at the time the notice of termination is received.

11.2 Should either party default in the perfo rmance of this Agreement or materially breach any of its provisions, t he other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any pay ment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its so le discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pur suant to applicable provisions of the Agreement; or (b) offer to am end the Agreement to reflec t the reduced funding for this Agreement.

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EXHIBIT 4
747
4 (Rev. 10.30.18; Mod 07.12.22 SG)
12 Non-Assignability. The Contractor shall not assi gn, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and c onditions as City may set forth in writing.

Contractor shall be solely responsible for reimbursing subcontractors.

13 Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend an d indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor ’s performance of work hereunder or its failure to comply with any of its obligations c ontained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the Cit y of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

14 Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15 Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16 Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of servic es under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17 Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Cont ractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreem ent. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform t he services under this Agreement. Such licenses, certificates and pe rmits shall be maintained in full force and effect during the term of this Agreement.

18 Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain comp lete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to in clude, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

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EXHIBIT 4
748
5 (Rev. 10.30.18; Mod 07.12.22 SG)
19 Confidentiality. Contractor shall exercise reas onable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20 Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial inte rest with any official, employee or other representative of the City. Contractor and its principals do not have any financia l interest in real property, sources of income or investm ent that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21 Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the sa me or of any other covenant, condition or obligation. No payment, partial payment, acc eptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22 Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the S uperior Court of the Co unty of San Joaquin, Stockton Branch or, where applicabl e, in the Federal District Court of Califor nia, Eastern District, Sacramento Division.

23 No Personal Liability. No official or employee of Cit y shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

24 Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinanc e or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the ext ent that the provisions of this Agreement are severable.

25 Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, ph ysical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Cont ractor and its officers, employees, agents, representative or subcontractor s shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrim ination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United Contract with Hasa, Inc. for Sodium Hypochlorite

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EXHIBIT 4
749
6 (Rev. 10.30.18; Mod 07.12.22 SG)
States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26 Force Majeure. Neither party shall be responsib le for delays or failures in performance resulting from acts of God, acts of civil or milit ary authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or ot her acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27 Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28 Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

29 Advice of Attorney. Each party warrants and repres ents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30 Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31 Entire Agreement, Integr ation, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33 Authority. The individual(s) executing this Ag reement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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EXHIBIT 4
750
1 (Rev. 4.18.22)

EXHIBIT D

GOODS AND SERVICES SPECIAL TERMS AND CONDITIONS
1 Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the s
ervices, duties and responsibilities
described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fu lly and to the standard of per formance required in this A
greement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible m aterial, work or thing
delivered by one party to the other, includi ng associated technical documentation. A deliverable can be tangible or intangible par
ts of the development process, and often are
specified functions or characteristics of the project.
2 General. The following terms and conditions
are applicable for the purchase of
goods and services only. The special condit ions shall be read in conjunction with the Standard Agreement, General Terms and Conditi ons (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special C onditions of the Agreement, t hen unless a different intention stated, the provision(s) of the Special Conditions of t he Agreement shall be deemed to override the provision(s) of GTC only to the ex
tent that such conflict or variations in the
Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or
both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that proj ect but shall not weaken the character or intent of the GTC.
3 Time for Performance.

3.1 Contractor shall perform the servic es according to the schedule contained in Exhibit F.

Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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EXHIBIT 4
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2 (Rev. 4.18.22)

4 Standard of Performance

In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by me mbers of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable feder al, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that requi re the exercise of professional skills or judgment are accomplished by professionals qualified and competent in t he applicable discipline and appropriately licensed, if required by law. Cont ractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a time ly manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its respons ibility for the professional skill and care and technical accuracy of its Serv ices and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5 Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be com pensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compens ation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

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EXHIBIT 4
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3 (Rev. 4.18.22)

6 Reports and Information

Contractor shall at such times and in su ch forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewit h, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

7 Findings Confidential

All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreem ent are confidential and the C ontractor agrees that they shall not be made available to any individual or organiza tion without the prior written approval of the City. Contractor shall not be required under the pr ovisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applic able law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonabl y cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8 Right of Inspection

All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contra ctor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9 Warranty

Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conf orm to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual m anufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10 Ownership

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EXHIBIT 4
753
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Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acc eptance, Deliverable deliver ed by Contractor shall become the exclusive property of City. T he ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies , models, samples, materials, drawings, specifications, technical material, adverti sing material and any other personal property furnished by City to Contractor, or specifical ly paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11 Applicable Laws

Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

12 Prevailing Wage

It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California D epartment of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Departm ent of Industrial Re lations- Contractor Registration information and web lin k: https://www.dir.ca.gov/public- works/publicworks.html. In compliance wit h Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registrati on Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards En forcement Compliance Monitoring Unit, as well as the City of Stockton.

13 Shipping Terms

City shipment terms are F.O.B. Destinat ion, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date spec ified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all indivi dual boxes with stock number and quantity and it ems with different stock number s shall be boxed separately.

City reserves the right to refu se, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14 Deliveries

TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contract or liable for damages incurred due to the untimely delivery including, but not limited to, the additiona l costs resultant from City procuring substitute Deliverables elsewhere.

15 Price and Quantities

Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

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EXHIBIT E

COMPENSATION SCHEDULE

The Contractor shall be compensated for t he services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1 Project Price.

1.1 The maximum the Contractor shall be paid on this Agreement is $2,657,000 (hereafter the “not to exc eed” amount). The “not to e xceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Pe rformance identified in Exhi bit D section 4 or other requirements of this Agreement.

1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City wil l pay Contractor based on invoices for acceptable work performed and appr oved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete se rvices based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

1.3 Annual cost adjustment s may be made, as necessary, to increase or decrease the unit cost. The annual increase shall not exceed three percent (3%) for each succeeding year. Any increase requested must be submitted at least sixty (60) days before requested implementation date. In the ev ent that the supplier finds it necessary to increase the base price in any given year, the supplier shall provide evidence satisfactory to the City documenting the r eason(s) for and actual cost of the cost increase. Annual cost decreases are allowed with written notice to the City.

2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.

Item Description Item Price
1 Sodium H ypochlorite (12.5%) $2.9669

3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
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EXHIBIT F

TIMELINE

1. Contractor shall complete the requested se rvices identified in Exhibit A as follows:

Contractor shall confirm all orders receiv ed by email or phone withi n twenty-four (24) hours of the request.

Orders are to be delivered on the date requested for delivery or on the soonest available date if the date requested is unavailable. If no date is requested, the order will be delivered within seven (7) days.

Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.

Contractor shall notify the Cit y in advance of holiday closures that may affect order delivery.

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EXHIBIT G

DISCRIMINATION AND HARASSMENT POLICY (HR-15)

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BAY AREA CH

EMICAL CONSORTIUM

REQUEST FOR BIDS
B
ID NO. 13-2023

FOR SUPPLY A
ND 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
1 EXHIBIT H

BID DOCUMENTS
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TABLE OF CONTE
NTS
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 el ectronic 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 i mmaterial irregularities or technical defects in the bids received.

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

BAY AREA CHEMICAL CONSORTIUM

GENERAL
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%

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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
BID NO. 13-2023

Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/bacc/ no later than 4:00 P.M. PT, Thursday February 23, 2023.

1. GENERAL PROVISIONS

The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies each individually established under the laws of the State of California. For this particular bid solicitation, the participating member agencies include those lis ted in Section III-1, Estimated Annual Quantities . These participating BACC agencies, acting collectively through their authorized agents , are seeking competitive sealed bid s for the supply and delivery of Sodium Hypochlorite 12.5%.

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

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

If you have any questions regarding this bid , please contact the BACC Coordinators via the electronic bid platform https://bacwa.org/bacc/ Q&A forum. Preliminar
y 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 Documents that 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 Contract with Hasa, Inc. for Sodium Hypochlorite

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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, insur ance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.

BACC agencies tha
t use a chemical for treating water for resale may be exempt from paying sales tax, and it will be the responsibility of each BACC a gency to notify the successful bidder if some or all of their purchases will be exempt from sales tax per paragraph 3.6 Taxes. 6 Contract with Hasa, Inc. for Sodium Hypochlorite

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Bid prices must be based on bulk deliveries amount as specified via the electronic bid platform https://bacwa.org/bacc/ . Bids that do not include unit prices for bulk deliveries to each geographic region specified on the electronic bid platform will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration. For bulk deliveries of less than this specified amount, the bidder may, at their option, assess additional charges for “short loads” unless specific requirements for smaller deliveries are described in paragraph 3.7 Delivery Requirements. Any additional “short load” charges must be shown by the bidder as a specific deviation on the bid contract documents. Bidders and/or third party haulers will not be allowed to refuse to make “short load” deliveries.

Any opti o
nal 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 op tional item will not be considered irregular and therefore such bids will not be rejected for that reason.

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

2.5 Bidder Qualificatio
ns
A qualified bidder is one deter mined 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 requir ements, and who has the integrity and reliability that will assure good faith and specific performance. Bidders that intend to utilize a third-party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third-party hauling company on the Bid Form. Before submitting a bid, the bidder must carefully examine and read all parts of the bid contract documents and be fully informed as to all existing conditions and limitations. It should be noted that, upon selection and approval of the successful bidder, the entire contents of the bid contract documents will become part of the full contract between the participating BACC agency and successful bidder (see paragraph 3.5 Purchase Orders / Contracts).

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2.6 Authorized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.

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

2.8 Bid Submittal
Electronic bids will only be received via the electronic bid platform https://bacwa.org/bacc/ by no later than 4:00 P.M. PT , Thursday, February 23, 2023. Electronic bids shall contain all required attachments and information. B idders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Item section) . Bidders a re 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 electr onic bid platform vendor https://bacwa.org/bacc/ to make sure that their electronic submittal has gone through.

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

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

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

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

2.12 Propose
d 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 specification s 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 do cument. 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 main tain 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 , incl uding 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 a gencies in the past three (3) years will be rejected as non-responsive.

2.15 Opening Bids
A preliminary bid results showing apparent lowest bid will be available on the electronic bid platform shortly after the bid opening date / time.

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2.16 Method of Award
Bids may be awarded to the lowest responsive and responsible bidder for each listed region meeting th e 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 s
pecifications
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 a n 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.

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2.19 Material Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.

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

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

2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer , signed by an authorized representative on letterhead stationery, attes ting 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 o f 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.

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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 th e chemical at the successful bidder’s sole expense. If requested by a participating BACC a gency, the successful b idder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC a gency’s site before commencing deliveries to the respective BACC a gency. 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 BA CC 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 a gency, the successful bidder and/or the firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.

3.3 Spillage
The successful b idder 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 o r 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 a gency 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.

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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 agen cy 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 shal l 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 a gency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC a gency requests a later delivery. No delivery can be made when a BACC agency representative is not on site. The successful bidder must notify the BACC agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in-route transportation delays, then notification must be provided as soon as possible to inform the BACC agency of the anticipated delivery date and time.

Persistently late or cancelled deliveries (defined as three or more over the contract period) may be used as a basis for contract termination. Failure to provide notice of late delivery as required by this section may also be a basis for contract termination. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC agency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery.

3.8 Force Majeure
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Any bidder that anticipates a workforce interruption , including due to COVID -19 restrictions, or a production shutdown that cou ld affect delivery of the chemical must fax or e -mail notifications to all participating BACC agencies to notify the m of the potential interruption in deliveries . A telephone call must also be made to each BACC agency as a follow-up notification.

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

3.10 Payments
Payments for all chemicals will be made individually by each participating BACC agency thirty (30) day s 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 t o 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 a gencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19.

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supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per insurable event, must be as follows , however, the insurance limits available to each participating BACC agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

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

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

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

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

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

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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 com pany must mail thirty calendar (30) written notice to the Certificate holder named to the left.”

4. TERMS AND CONDITIONS

4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC a gency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description br ought 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 th e 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 th e contract, the successful bidder shall require each subcontractor to indemnify, hold harmless and defend each participating BACC a gency and each of its officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.

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c. The protest must refer to the specific portion of the bid document which forms the basis for the protest.
d. The protest must include the name, address and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through.
i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards.

4.3 Equal Opportunity
The successful bidder must agree no
t 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 conditio n 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 Modific
ation 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 successf ul bidder. The contract may not be modified, altered, or amended except by the mutual written agreement of the respective BACC a gency and the successful bidder.

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

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

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

4.7 Patent Guar
antee
The bidder must, with respect to any b idder’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 r ejected 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 a gency, the participating a gency 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 th e 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 a gency and the successful bidder. The price for any succeeding periods of service shall be determined by negotiation between the respective BACC a gency and the successful bidder.

4.10 Good Faith Bidding and Contracting
18 Contract with Hasa, Inc. for Sodium Hypochlorite

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The participating BACC a gencies 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 b idder. However, nothing in this bid solicitatio n shall prevent a BACC a gency from rejecting all bids and separately procuring the services they require, if deemed in the best interest of their respective agency.

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

4.12 Termination for Cause
In the event of a breach of any term or provision of th e 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, no r 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 ha
ve 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 SEC
TION-
19 Contract with Hasa, Inc. for Sodium Hypochlorite

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SECTION II

BAY AREA CHEMICAL CONSORTIUM

PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%

20 Contract with Hasa, Inc. for Sodium Hypochlorite

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PRODUCT TECH

NICAL 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 N ational 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 N SF 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 Hypo
chlorite 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 Limit
ations: 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 labora tory 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 Contract with Hasa, Inc. for Sodium Hypochlorite

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• 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 Contract with Hasa, Inc. for Sodium Hypochlorite

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SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%

23 Contract with Hasa, Inc. for Sodium Hypochlorite

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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% 3,012,300 7,886,000gal
Central Valley
0galCity of Lathrop (Veiola NA) 60,000
85,000galCity of Merced 0
0galCity of Modesto 50,000
350,000galCity of Stockton 500,000
350,000galCity of Turlock 0
6,000galOakwood Lake Water District 0
791,000 610,000
East Bay
290,000galAlameda County Water District 0
0galCity of Hayward 250,000
0galCity of San Leandro 215,000
0galOro Loma Sanitary District 208,000
0galUnion Sanitary District 1,000,000
290,000 1,673,000
Marin Sonoma
0galCentral Marin Sanitation Agency 240,000
0galCity of Mill Valley ‐ Sewerage Agency of Southern Marin 60,000 0galLas Gallinas Valley Sanitary District 150,000
220,000galMarin Municipal Water District 0
0galNapa Sanitation District 315,000
3,200galNorth Marin Water District 0
0galSanitary District No. 5 of Marin County 36,000
0galSausalito Marin City Sanitary District 60,000
223,200 861,000
24 Contract with Hasa, Inc. for Sodium Hypochlorite

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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
0galCentral Contra Costa Sanitary District 450,000
255,000galCity of Antioch 0
0galCity of Brentwood 140,000
55,000galCity of Martinez 0
0galCity of Pinole (Pinole/Hercules WPCP) 115,000
320,000galContra Costa Water District 0
0galDelta Diablo Sanitation District 450,000
7,500galDiablo Water District 0
0galIronhouse Sanitary District 8,000
4,700galPleasant Hill Recreation & Park District 0
0galRodeo Sanitary District 50,000
28,000galTown of Discovery Bay CSD 0
0galWest County Wastewater
District 290,000
670,200 1,503,000
Peninsula
0galCity of South San Francisco 220,000
0galCity of Burlingame 100,000
0galCity of Daly City/North San Mateo County Sanitation 135,000 0galCity of Millbrae 65,000
0galCity of San Mateo 300,000
0galSewer Authority Mid‐Coastside 120,000
0 940,000
Sacramento
45,000galCarmichael Water District 0
140,000galCity of Folsom 0
245,400galCity of Roseville 137,000
galCity of Sacramento 192,000
10,000galCity of Yuba City 0
245,000galEl Dorado Irrigation District 45,000
45,000galNevada Irrigation District 0
200,000galSacramento County Water Agency 0
930,400 374,000
25 Contract with Hasa, Inc. for Sodium Hypochlorite

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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
15,000galCity of Morgan Hill 0
35,000galCity of Santa Clara 0
0galCity of Sunnyvale 220,000
0galCity of Watsonville 60,000
0galSan Jose ‐ Santa Clara Regional Wastewater Facility 1,040,000 50,000 1,320,000
Tri Valley
0galCity of Livermore 260,000
5,500galDublin San Ramon Services District 345,000
52,000galZone 7 Water Agency 0
57,500 605,000
Sodium Hypochlorite 5.25%  (OPTIONAL BID ITEM) 95,000 0 Sacramento
95,000Nevada Irrigation District 0
95,000 0
Sodium Hypochlorite 12.5%  In 275‐gal totes (OPTIONAL BID ITEM) 2,200 0gal North Bay
2,200galContra Costa Water District 0
2,200 0
Sodium Hypochlorite 12.5%  In Drums (OPTIONAL BID ITEM) 3,960 0gal North Bay
3,960galDiablo Water District 0
3,960 0
26 gal
Contract with Hasa, Inc. for Sodium Hypochlorite

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SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%

27 Contract with Hasa, Inc. for Sodium Hypochlorite

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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 Contract with Hasa, Inc. for Sodium Hypochlorite

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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 Contract with Hasa, Inc. for Sodium Hypochlorite

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EXHIBIT 4
800
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size North Marin Water District
North Marin Water District Deer
Island Reclaim Waer Facility
Hwy 37 between
Atherton Ave &
Hwy 101
Novato One delivery late spring 1,000 gallons
North Marin Water District Point
Reyes Treatment Plant
End of Commodore
Webster
Point Reyes
Station
Approximately every 6
weeks
200 gallons
Sanitary District No. 5 of Marin County
2001 Paradise Drive Tiburon 1x per month 3,000 gallons Sausalito Marin City Sanitary District
Treatment Plant / District Office 1 East Road Sausalito 1x per month 5,000 gallons, Tanker truck, Receiving hours
6am‐1pm M‐F
NORTH BAY
Central Contra Costa Sanitary District
CCCSD 5019 Imhoff Place Martinez 2 ‐3x weekly 5,000 gallons City of Antioch
City of Antioch Water Treatment
Plant
401 Putnam Street Antioch 1 ‐3x per week Full truck load City of Brentwood
Brentwood Wastewater
Treatment Plant
2251 Elkins Way Brentwood, CA 2x per month 5,000 gallons City of Martinez
City of Martinez Water Treatment
Plant
3003 Pacheco Blvd Martinez 2x per month 2,500 gallons City of Pinole (Pinole/Hercules WPCP)
City of Pinole 11 Tennent Avenue Pinole Every 2 weeks 5000 gallons Contra Costa Water District
Bollman Water Treatment Plant 2015 Bates Ave Concord approx 28x per year between 7:00 am to 2:00 pm
4,500 ‐ 5,000 gallons
City of Brentwood Water
Treatment Plant
3760 Neroly Rd Concord approx 15x per year 4,500 ‐ 5,000 gallons Pinehollow Pump Station Grasswood Ct Concord 1x per year 2 x 550 gallon tanks Randall‐Bold Water Treatment
Plant
3760 Neroly Rd Oakley approx 2x during plant
shutdowns Nov‐Apr
330 gallons
Willow Pass Pump Stati
on 1920 Clayton Way Concord Approx 2 times during plant shutdown Nov‐Apr
330 gallons
30 Contract with Hasa, Inc. for Sodium Hypochlorite

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EXHIBIT 4
801
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Delta Diablo Sanitation District
Delta Diablo 2500 Pittsburg‐
Antioch Hwy
Antioch 2 per week 4,500 gallons
Diablo Water District
Blending Facility 2201 Laurel Road Oakley Every 2.5 months 1,500 gallons Chem Feed 3051 Ranch Rd Bethel Island Every 2 months 4 drums Glen Park Well 401 Hill Ave Oakley Every 2 months 4 drums South Park Well 4295 Summer Lakes
Drive
Oakley Every 2 months 2 drums
Ironhouse Sanitary District
450 Walnut
Meadows Dr
Oakley Once per quarter 2,000 gallons
Pleasant Hill Recreation & Park District
Pleasant Hill Aquatic Park 147 Gregory Lane Pleasant Hill May ‐Sept: once/month Oct‐April: once every 3
months
650 gallons
Rodeo Sanitary District
Rodeo Sanitary District 800 San Pablo
Avenue
Rodeo 2x month, rarely 3x a month
depending on rain/flows,
and/or projects.
2,150 gallons
Town of Discovery Bay CSD
Town of Discovery Bay ‐ Newport
WTP
1800 Newport Drive Discovery Bay 1 x per week winter, 2 x per week summer
500 gal winter, 800‐900
gal summer
Town of Discovery Bay ‐Willow
WTP
1800 Willow Lake
Road
Discovery Bay 1x per week winter, 2x per
week summer
500 gal winter, 800‐900
gal summer
West County Wastewater District
Water County Wastewater District 2377 Garden Tract
Road
Richmond 1x week (52 weeks)
(could order more due to
rain)
5,500 gallons

PENINSULA
City of South San Francisco
South San Francisco ‐ San Bruno
Water Quality Control Plant
195 Belle Aire Road South San
Francisco
One Load Every 2 Weeks 4,800 gallons
City of Burlingame
Burlingame WWTF 1103 Airport Blvd Burlingame Every 3 weeks 5000 gal, truckload 31 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 65 of 94 ends

EXHIBIT 4
802
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Daly City/North San Mateo County Sanitation District Daly City
Wastewater Plant
153 Lake Merced
Blvd
Daly City Every 7‐14 days 4,000‐4,500 gallons
City of Millbrae
Water Pollution Control Plant 400 E. Millbrae Ave Millbrae 1 every 3‐4 weeks 4,800 gallons City of San Mateo
2050 Detroit Drive San Mateo 1 load approx every 1 week Full tanker truck, 4,000 gallons
Sewer Authority Mid‐Coastside
1000 N. Cabrillo Hwy Half Moon Bay Monthly 5,000 gallons / month Montara Pump Station 16th St and Cabrillo
Hwy
Montara Monthly 2,500 gallons / month
Princeton Pump Station West Point at
Stanford Ave
Half Moon Bay Monthly 2,500 gallons / month

SACRAMENTO
Carmichael Water District
Bajamont Water Treatment Plant 3501 Bajamont Way Carmichael 9 per year Full load, approx 5,000 gallons
City of Folsom
Folsom Water Treatment Plant 194 Randall Dr Folsom 4 ‐5 times a month 4,800 ‐ 4,900 gallons 32 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 66 of 94 ends

EXHIBIT 4
803
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size City of Roseville
Dry Creek Wastewater
Treatment Plant
(DCWWTP)
1800 Booth Road Roseville 95747 Every six weeks 1,000 gallons Parks and Recs ‐ Johnson Pool 100 D Street Roseville 95661 10 times per year 250 gallons Parks and Recs ‐ Mike Shellito Pool 10210 Fairway Dr Roseville 95678 15 times per year, every 3‐4 weeks
400 gallons
Parks and Recs ‐ Roseville Aquatic
Complex
3051 Woodcreek
Oaks Blvd
Roseville 95747 26 times per year (weekly in
warm months)
1,200 gallons
Pleasant Gr
ove 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 1
745 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 Contract with Hasa, Inc. for Sodium Hypochlorite

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EXHIBIT 4
804
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size El Dorado Irrigation District
Deer Creek Wastewater
Treatment Plant
1565 Deer Creek Rd Cameron Park,
CA 95682
Quarterly 5,000 gallons
EID Reservoir 1 Water 5575 Gilmore Rd Pollock Pines,
CA 95726
Quarterly 5,000 gallons
EID Reservoir A Water 5560 Sly Park Rd Pollock Pines,
CA 95726
Monthly 5,000 gallons
El Dorado Hills Wastewater
Treatment Plant
4625 Latrobe Rd El Dorado Hills,
CA 95762
Bimonthly 5,000 gallons
El Dorado Hills Water Plant 1835 Francisco Dr El Dorado Hil ls, 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 g
allons 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 1 2278 Lock
sley 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
7 510 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 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 68 of 94 ends

EXHIBIT 4
805
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size SOUTH BAY
City of Morgan Hill
Boys Ranch #2 Well 1000 Burnett Ave Morgan Hill 1 ‐2x per month 100 ‐ 300 gallons Boys Ranch #3 Well 1002 Burnett Ave Morgan Hill 1 ‐2x per month 100 ‐ 300 gallons Butterfield Well 17935 Calle
Hermosa
Morgan Hill 1 ‐2x per month 100 ‐ 300 gallons
Diana #1 Well 200 Diana Ave Morgan Hill 1 ‐2x per month 100 ‐ 300 gallons Diana #2 Well 1420 Diana Ave Morgan Hill 1 ‐2x per month 100 ‐ 300 gallons Diana #3 Well 1
000 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 Mor gan 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 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 69 of 94 ends

EXHIBIT 4
806
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size Dublin San Ramon Services District
FOD Pump Station 10A 10 Barnet Blvd Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
FOD Pump Station 300B 3441 Fallon Rd Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
FOD Reservoir 1A 8218 Rhoda Ave Dublin 14x per year 360 gallons (split between 3 sites ‐ 120
gals each)
Regional Wastewater Treatment
Facility
7399 Johnson Drive Pleasanton 70x per year (about 6x per month)
4,400 gallons
Wa
ter 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 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 70 of 94 ends

EXHIBIT 4
807
SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

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

37 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 71 of 94 ends

EXHIBIT 4
808
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 [email protected] 209‐406‐3845Paul Zolffarelli    Project Manager II CITY OF MERCED
Wastewater Treatment Facility  10260 Gove Road   Merced, CA  95340 [email protected] Slagter
CITY OF MODESTO
1221 Sutter Ave   Modesto, CA  95351
[email protected] (209) 342‐4502Ben Koehler    Water Quality Control Supt./CPO CITY OF STOCKTON
Municipal Utilities Department  2500 Navy Drive   Stockton, CA  95206 [email protected] 209 ‐937‐8232Kathryn Garcia    Program Manager III ‐ Wastewater CITY OF TURLOCK
Stanislaus Regional Water Authority  156 S Broadway, #270   Turlock, CA  95380 [email protected] 209‐668‐5402Lisa Quiroga    Purchasing Coordinator [email protected] Guerrero    Utilities Manager [email protected] Mann
[email protected] Brasil
OAKWOOD LAKE WATER DISTRICT
PO Box 77980   Stockton, CA  95267
[email protected] 209 ‐483‐5525Casey Wichert    Operations Department [email protected] 209 ‐239‐2481Bert Michalczyk    Consultant [email protected] 209 ‐239‐2481Lynne Wichert    Billing Department 38 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 72 of 94 ends

EXHIBIT 4
809
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
[email protected] 510 ‐552‐1459Mike Wickham    Water Production Manager [email protected] 510 ‐668‐6516Cris Pena    Engineering Supervisor [email protected] 510 ‐668‐4294Renee Gonzalez    Buyer [email protected] 510 ‐668‐6533Thomas Spankowski    Environmental Compliance Engineer CITY OF HAYWARD
Water Pollution Control Facility  3700 Enterprise Avenue   Hayward, CA  94545 diane.vargas@hayward‐ca.govDiane Vargas    WPCF Secretary david.donovan@hayward‐ca.gov 510‐293 ‐5099David Donovan    WPCF Manager alex.ameri@hayward‐ca.govAlex Ameri    Public Works Director rita.perez@hayward‐ca.gov 510 ‐583‐4802Rita Perez    Purchasing and Accounts Payable ‐ Acting Manager
mark.orlandi@hayward‐ca.gov 510‐293 ‐5212Mark Orlandi    Operations Supervisor CITY OF SAN LEANDRO
Water Pollution Control Plant  3000 Davis Street   San Leandro, CA  94577 [email protected] 510 ‐577‐3472Sally Perez    Purchasing Technician [email protected] 510 ‐577‐3437Hayes Morehouse    Water Pollution Control Manager ORO LOMA SANITARY DISTRICT
2655 Grant Avenue   San Lorenzo, CA  94580‐1838
[email protected] Dang    GM
[email protected] Palop    Operations Manager
UNION SANITARY DISTRICT
5072 Benson Road   Union City, CA  94587‐2508
[email protected] 510 ‐477‐7526Skip Calvo    Purchasing Agent [email protected] 510 ‐477‐7517Armando Lopez    Treatment and Disposal Services Manager 39 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 73 of 94 ends

EXHIBIT 4
810
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
[email protected] (415) 459‐1455Peter Kistenmacher    Technical Services Manager [email protected] (415) 459‐1455Jason Dow
[email protected] (415) 459‐1455Jacky Wong
CITY OF MILL VALLEY ‐ SEWERAGE AGENCY OF SOUTHERN MARIN 26 Corte Madera Avenue   Mill Valley, CA  94941
[email protected] (415) 384‐4840Brian Exberger    Chief Treatment Plant Operator [email protected] 415‐388 ‐2402Mark Grushayev    WWT Manager LAS GALLINAS VALLEY SANITARY DISTRICT
300 Smith Ranch Road   San Rafael, CA  94603
[email protected] 415‐472‐1734Don Moore    Plant Operations Supervisor [email protected] 915‐472‐1734Mel Liebmann    Plant Manager MARIN MUNICIPAL WATER DISTRICT
220 Nellen Avenue   Corte Madera, CA  94925
[email protected] 415 ‐945‐1501Jim Kenney    Superintendent of Operations, Water Treatment
[email protected] 415‐945 1590Lucy Croy    Water Quality Manager [email protected] 415‐945‐1402Danelle Graham    Senior Buyer NAPA SANITATION DISTRICT
1515 Soscol Ferry Road   Napa, CA  94558
[email protected] 707 ‐ 312‐1899Christopher Mosier    Operator III [email protected] 707‐312 ‐1733Gabe Snook    Operations Supervisor [email protected] 707‐258‐6000Timothy Healy    General Manager/District Engineer NORTH MARIN WATER DISTRICT
999 Rush Creek Place   Novato, CA  94945
[email protected] 415 ‐761‐8931Robert Clark    Operations/Maintenance Superintendent [email protected] Stompe    Operations Supervisor
40 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 74 of 94 ends

EXHIBIT 4
811
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
[email protected] 415 ‐435‐1501Tony Rubio    District Manager SAUSALITO MARIN CITY SANITARY DISTRICT
1 East Road   Sausalito, CA  94965
[email protected] Beneda
[email protected] Pasquini
[email protected] Kingston
[email protected] Bondanza
North Bay
CENTRAL CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place   Martinez, CA  94553‐4392
[email protected] 925 ‐229‐7306Amy Compaglia    Senior Buyer [email protected] 925 ‐229‐7119Kevin Mizuno    Finance Manager [email protected] 925 ‐335‐7731Alan Weer    Plant Operations Division Manager [email protected] 925 ‐229‐7307Stephanie King    Contracts & Procurement Administrator CITY OF ANTIOCH
Water Treatment Plant  P.O. Box 5007   Antioch, CA  94531‐5007 [email protected] (925) 779‐7029Benjamin Woodland    Water Treatment Plant Supervisor CITY OF BRENTWOOD
2251 Elkins Way   Brentwood, CA  94513
[email protected] 925.516.6060Ryan LaMunyon    Wastewater Treatment Plant Supervisor [email protected] 925.516.6030Philip McKinney    Wastewater Operations Manager CITY OF MARTINEZ
525 Henrietta Street   Martinez, CA  94553
[email protected] 925 ‐372‐3588Hiren Patel    Water Operations Supervisor [email protected] 925 ‐372‐3587George Pavlov    Water Superintendent 41 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 75 of 94 ends

EXHIBIT 4
812
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
[email protected] (510) 724‐9013Mike Howe    Operations Supervisor CONTRA COSTA WATER DISTRICT
1331 Concord Ave   Concord, CA  94520‐4907
[email protected] 925‐625‐6602Nicole Quesada    Administrative Analyst [email protected] 925‐625‐6603John Parsons    Water Operations Superintendent [email protected] 925‐688‐8011Brian Jackson    Purchasing Officer DELTA DIABLO SANITATION DISTRICT
2500 Pittsburg‐Antioch Hwy.   Antioch, CA  94509‐1373
[email protected] 925‐756‐1924Anika Lyons    Finance Manager [email protected] 925‐756‐1968Judy Pham    Purchasing Supervisor [email protected] 925‐756‐1978Eka Ekanem    Senior Accountant DIABLO WATER DISTRICT
87 Carol Lane   Oakley, CA  94561‐0127
[email protected] 925 ‐625‐2112Nacho Mendoza    Manager of Water Operations IRONHOUSE SANITARY DISTRICT
450 Walnut Meadows Drive   Oakley, CA  94561
[email protected] 925 ‐809‐3033Thomas Hejza    Plant Supervisor [email protected] 925 ‐809‐3033Chris Christean    Plant Manager [email protected] Paz
PLEASANT HILL RECREATION & PARK DISTRICT
147 Gregory Lane   Pleasant Hill, CA  94523
[email protected] 925 ‐682‐0896Korey Riley    Aquatics Program Manager 42 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 76 of 94 ends

EXHIBIT 4
813
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
[email protected] Greer
[email protected] 510‐799‐2970Jim Petalio    Grade IV Operator [email protected] Lefebvre
TOWN OF DISCOVERY BAY CSD
1800 Willow Lake Road   Discovery Bay, CA  94505‐9376
[email protected] Goldsworthy    Water and Wastewater Manager [email protected] Harper    Project Manager [email protected] Breitstein
[email protected] Dobretz
WEST COUNTY WASTEWATER DISTRICT
2910 Hilltop Drive   Richmond, CA  94806
[email protected] Winer    Director of Water Quality & Resource Recovery
[email protected] Majarucon    Operations Manager Peninsula
CITY OF  SOUTH SAN FRANCISCO
San Bruno Water Quality Control Plant  195 Belle Air Road   South San Francisco, CA  94080 [email protected] 650 ‐877‐8555Nicholas Talbot    Assistant Plant Superintendent CITY OF BURLINGAME
Wastewater Treatment Facility  1103 Airport Blvd.   Burlingame, CA  94010 [email protected] Molina    WWTF General Manager [email protected] 650 ‐342‐3727Muriel Carrieri    Office Manager 43 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 77 of 94 ends

EXHIBIT 4
814
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

[email protected] 650‐991 ‐8200Brandon Wardle    Senior Operator [email protected] Krauss
CITY OF MILLBRAE
Water Pollution Control Plant  400 E Millbrae Ave   Millbrae, CA  94030 [email protected] 650‐346‐7658Harry Kwong    Chief Operator [email protected] 650‐259‐2376Craig Centis    Deputy Director of Public Works CITY OF SAN MATEO
City of San Mateo WWTP  2050 Detroit Drive   San Mateo, CA  94404 [email protected] 650 ‐522‐7380Xiongbing Liang    Laboratory Supervisor [email protected] Sutter
[email protected] Learmonth    Planet Manager [email protected] 650 ‐522‐7334Alonso Barahona    Management Analyst II SEWER AUTHORITY MID‐COASTSIDE
1000 N. Cabrillo Highway   Half Moon Bay, CA  94019
[email protected] 650 ‐726‐0124George Evans    Finance Officer [email protected] 650 ‐726‐0124Kishen Prathivadi    General Manager Sacramento
CARMICHAEL WATER DISTRICT
7837 Fair Oaks Blvd.   Carmichael, CA  95608
[email protected] 916 ‐679‐0457David Biagi
CITY OF FOLSOM
50 Natoma Street   Folsom, CA  95630
[email protected] 916 ‐461‐6191Bryson Pearson    Water Treatment Supervisor [email protected] 916 ‐461‐6163Todd Eising    Utilities Section Manager 44 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 78 of 94 ends

EXHIBIT 4
815
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
[email protected] 916 ‐746‐1110Becky Philipp    Buyer II [email protected] 916 ‐746‐1112Shannon Wiest
CITY OF SACRAMENTO
Department of Utilities  5730 24th Street, Bldg 22   Sacramento, CA  95822 [email protected] 916 ‐808‐6356Stacy Larkin    Program Analyst, Business Services Division ‐ Logistics
CITY OF YUBA CITY
Public Works Department  701 Northgate Drive   Yuba City, CA  95991 [email protected] 530 ‐822‐4645Kevin Rivera    Accountant 1 [email protected] 530‐822‐4636
x3401
Lance Andes    Water Treatment Chief Plant Operator
[email protected] 530‐822‐4659Amarjit Kaur    Administrative Analyst II (Finance Dept) [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
tpio
[email protected] 530‐822‐4636
x3400
Terrance Pioro    Water Treatment Plant Supervisor
[email protected] 530‐822‐3264
x3302
Mike Finnigan    Wastewater Treatment Facility Supervisor EL DORADO IRRIGATION DISTRICT
2890 Mosquito Road   Placerville, CA  95667
[email protected] 530‐642‐4405Ryan Deakyne    Senior Buyer NEVADA IRRIGATION DISTRICT
1036 W. Main Street   Grass Valley, CA  95945
[email protected] 530 913‐9710Coby McCoy    Water Treatment Supervisor [email protected] 530 ‐273‐6185Joan Tortorici    Buyer [email protected] Chittock    Water Treatment Superintendent 45 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 79 of 94 ends

EXHIBIT 4
816
BAY AREA CHEMICAL CONSORTIUM
BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
PARTICIPATING MEMBER AGENCY CONTACT LIST
NEVADA IRRIGATION DISTRICT
1036 W. Main Street   Grass Valley, CA  95945
[email protected] 530 913‐9710Coby McCoy    Water Treatment Supervisor [email protected] 530 ‐273‐6185Joan Tortorici    Buyer [email protected] Chittock    Water Treatment Superintendent SACRAMENTO COUNTY WATER AGENCY
Vineyard Surface Water Treatment Plant  10151 Florin Road   Sacramento, CA  95829 [email protected] 916 874‐1398Daniel Ruiz    Accounting Technician [email protected] 916‐508‐0858Shawn Barnes    Water Treatment Operations Supervisor [email protected] 916‐876‐6430Tom Pasterski    Water System Superintendent [email protected] 916‐875‐0746Aaron  Robertson
[email protected] Gross
South Bay
CITY OF MORGAN HILL
100 Edes Court   Morgan Hill, CA  95037‐5301
[email protected] 408 ‐310‐4182Inga Alonzo    Public Utilities Management Analyst CITY OF SANTA CLARA
Purchasing Division  1500 Warburton Avenue   Santa Clara, CA  95050 [email protected] 408 ‐615‐2717Nick van Haeften    Division Manager [email protected] 408‐615‐6051Alex Price    Senior Engineer CITY OF SUNNYVALE
Water Pollution Control Plant  1444 Borregas Avenue   Sunnyvale, CA  94088‐3707 [email protected] 408 ‐730‐7261Bryan Berdeen    Operations Manager [email protected] Vo
CITY OF WATSONVILLE
500 Clearwater Lane   Watsonville, CA  95076
[email protected]
rg
831‐768‐3181Mike Wagoner    Wastewater Operations Supervisor Ryan Smith
[email protected]
831‐728‐3175Ryan Smith    WW Division Manager
46 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 80 of 94 ends

EXHIBIT 4
817
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
[email protected] 408 ‐635‐6635Mark Nicholl
[email protected] 408 ‐635‐2057Tim Lewis    Wastewater Facility Operations Manager [email protected] 408‐635‐2054Satya Nand
Tri Valley
CITY OF LIVERMORE
Water Resources/Public Works Department  101 West Jack London Blvd.   Livermore, CA  94551 [email protected] 925 ‐960‐8122Jimmie Truesdell    WR Operations Manager DUBLIN SAN RAMON SERVICES DISTRICT
Regional Wastewater Treatment Facility  7399 Johnson Drive   Pleasanton, CA  94588 [email protected] 925‐875‐2393Erin Steffen    Management Analyst II [email protected] 925‐875‐2300Virgil Sevilla    WWTP Operations Superintendent [email protected] 925 404‐4524Dan Pettinichio    Senior Water/Wastewater Systems Operator (Potable Water Distribution)
[email protected] 925‐875‐2324Diane Griffin    Operations Compliance Manager [email protected] 925‐875‐2367Clint Byrum    Water/Wastewater Systems Superintendent [email protected] 925‐875‐2345Jeff Carson    Ope rations Manager ZONE 7 WATER AGENCY
100 North Canyons Parkway   Livermore, CA  94551
[email protected] 925 454 5029Zeljka Bozic    Buyer I [email protected] 925 ‐454‐5039Karen Bartels    Buyer II 47 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 81 of 94 ends

EXHIBIT 4
818

SECTION IV

BAY AREA CHEMICAL CONSORTIUM

BID CONTRACT DOCUMENTS
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%

*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***

48 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 82 of 94 ends

EXHIBIT 4
819
1692799v1

BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 13-2023
SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%

I hereby agree to furnish SODIUM HYPOCHLORITE 12.5% identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________

WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.

Describe the
specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document.

49 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 83 of 94 ends

EXHIBIT 4
820
1692799v1

STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder:
______________________________________________________________________________

2. Bidder’s Street Address:
______________________________________________________________________________

3. Mailing Address:
______________________________________________________________________________

4. Business Telephone: _______________ Fax Number: ________________

5. Type of Supplier:
□ Sole Proprietor □ Partnership □ Corporation □ LLC If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________

10. References:

Company/Agency Name Contact Na
me Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________

11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 50 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 84 of 94 ends

EXHIBIT 4
821
1692799v1

Non-Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid

State of California )
) ss.

County of )

__________________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)

___________________________ of ______________________________________ the party making the (Title of Representative) ( Legal Name of Bidder)

foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

_________________________________
Signature of: President, Secretary,
Manager, Owner, or Representative

Subscribed and sworn to before me this, day of , 20

Signature of Notary Public In and For

The County of ________________________,

State of _____________________________

All Signatures Must Be Witnessed By Notary

51 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 85 of 94 ends

EXHIBIT 4
822
1692799v1

BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 13-2023
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%

Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/bacc/

No later than 4:00 PM. PT
Thursday, February 23, 2023
Legal Name of Bidder:
_____________________________________

Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________

Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________

I. All costs except California State sales tax for the pur chase of SODIUM HYPOCHLORITE 12.5% must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc .

Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement.

Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).

II. Bidders must submit all of the following, attached
to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.

III. Bidder Obligations
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.
52 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 86 of 94 ends

EXHIBIT 4
823
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
Worksheet
BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Sodium Hypochlorite 12.5%
Central Valley gal $
City of Lathrop (Veiola NA)
City of Merced
City of Modesto
City of Stockton
City of Turlock
Oakwood Lake Water District
East Bay gal $
Alameda County Water District
City of Hayward
City of San Leandro
Oro Loma Sanitary District
Union Sanitary District
Marin Sonoma Napa gal $
Central Marin Sanitation Agency
City of Mill Valley ‐ Sewerage Agency of Southern Marin Las Gallinas Valley Sanitary District
Marin Municipal Water District
Napa Sanitation District
North Marin Water District
Sanitary District No. 5 of Marin County
Sausalito Marin City Sanitary District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
53 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 87 of 94 ends

EXHIBIT 4
824
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
Worksheet
BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
North Bay gal $
Central Contra Costa Sanitary District
City of Antioch
City of Brentwood
City of Martinez
City of Pinole (Pinole/Hercules WPCP)
Contra Costa Water District
Delta Diablo Sanitation District
Diablo Water District
Ironhouse Sanitary District
Pleasant Hill Recreation & Park District
Rodeo Sanitary District
Town of Discovery Bay CSD
West County Wastewater District
Peninsula gal $
City of South San Francisco
City of Burlingame
City of Daly City/North San Mateo County Sanitation District City of Millbrae
City of San Mateo
Sewer Authority Mid‐Coastside
Sacramento gal $
Carmichael Water District
City of Folsom
City of Roseville
City of Sacramento
City of Yuba City
El Dorado Irrigation District
Nevada Irrigation District
Sacramento County Water Agency

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
54 Contract with Hasa, Inc. for Sodium Hypochlorite

Page 88 of 94 ends

EXHIBIT 4
825
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 13‐2023
SODIUM HYPOCHLORITE 12.5%
Worksheet
BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
South Bay gal $
City of Morgan Hill
City of Santa Clara
City of Sunnyvale
City of Watsonville
San Jose ‐ Santa Clara Regional Wastewater Facility
Tri Valley gal $
City of Livermore
Dublin San Ramon Services District
Zone 7 Water Agency
Sodium Hypochlorite 12.5%  In 275‐gal totes (OPTIONAL BID ITEM) North Bay gal $
Contra Costa Water District
Sodium Hypochlorite 12.5%  In Drums (OPTIONAL BID ITEM) North Bay gal $
Diablo Water District
Unit of
Measure
Bid Price per
Unit of Measure
Sodium Hypochlorite 5.25%  (OPTIONAL BID ITEM)
Sacramento $
Nevada Irrigation District

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
55 gal
Contract with Hasa, Inc. for Sodium Hypochlorite

Page 89 of 94 ends

EXHIBIT 4
826

Page 1 of 1 ends

ADDENDUM NO. 1

REQUEST FOR BIDS
BAY AREA CHEMICAL CONSORTIUM (BACC) BID NO. 13-2023
FOR SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE 12.5%
Addendum Issue Date: February 16, 2023

TO ALL BIDDERS: The purpose of this Addendum is to make changes, additions, deletions, revisions, and clarifications to the bid mentioned above. The changes incorporated in the Addendum shall be considered as a part of the document and shall supersede, amend, add to, an d/or subtract from those conditions shown in the original bid.

Acknowledgement: Bidders must acknowledge receipt of any and all Addenda in the space provided on the Standard Agreement of the bid document . Failure to do so may subject the Bidder to disqualification. All requirements of the bid documents remain unchanged except as cited herein.

ADDENDUM ITEMS:

1) Section / Page: Section III – 1 Estimated Annual Quantities / Page 23 Estimated Annual Quantities for Zone 7 Water Agency CORRECTED to 365,000 gallons Revised Section III-1 Estimated Annual Quantities is attached.

Bid opening date of February 23, 2023 remains unchanged.

END OF ADDENDUM NO. 1

Contract with Hasa, Inc. for Sodium Hypochlorite

Page 90 of 94 ends

EXHIBIT 4
827
SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 13-2023
SODIUM HYPOCHLORITE 12.5%

Contract with Hasa, Inc. for Sodium Hypochlorite

Page 91 of 94 ends

EXHIBIT 4
828
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% 3,325,300 7,886,000gal
Central Valley
0galCity of Lathrop (Veiola NA) 60,000
85,000galCity of Merced 0
0galCity of Modesto 50,000
350,000galCity of Stockton 500,000
350,000galCity of Turlock 0
6,000galOakwood Lake Water District 0
791,000 610,000
East Bay
290,000galAlameda County Water District 0
0galCity of Hayward 250,000
0galCity of San Leandro 215,000
0galOro Loma Sanitary District 208,000
0galUnion Sanitary District 1,000,000
290,000 1,673,000
Marin Sonoma
0galCentral Marin Sanitation Agency 240,000
0galCity of Mill Valley ‐ Sewerage Agency of Southern Marin 60,000 0galLas Gallinas Valley Sanitary District 150,000
220,000galMarin Municipal Water District 0
0galNapa Sanitation District 315,000
3,200galNorth Marin Water District 0
0galSanitary District No. 5 of Marin County 36,000
0galSausalito Marin City Sanitary District 60,000
223,200 861,000
Contract with Hasa, Inc. for Sodium Hypochlorite

Page 92 of 94 ends

EXHIBIT 4
829
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
0galCentral Contra Costa Sanitary District 450,000
255,000galCity of Antioch 0
0galCity of Brentwood 140,000
55,000galCity of Martinez 0
0galCity of Pinole (Pinole/Hercules WPCP) 115,000
320,000galContra Costa Water District 0
0galDelta Diablo Sanitation District 450,000
7,500galDiablo Water District 0
0galIronhouse Sanitary District 8,000
4,700galPleasant Hill Recreation & Park District 0
0galRodeo Sanitary District 50,000
28,000galTown of Discovery Bay CSD 0
0galWest Co
unty Wastewater District 290,000
670,200 1,503,000
Peninsula
0galCity of South San Francisco 220,000
0galCity of Burlingame 100,000
0galCity of Daly City/North San Mateo County Sanitation 135,000 0galCity of Millbrae 65,000
0galCity of San Mateo 300,000
0galSewer Authority Mid‐Coastside 120,000
0 940,000
Sacramento
45,000galCarmichael Water District 0
140,000galCity of Folsom 0
245,400galCity of Roseville 137,000
galCity of Sacramento 192,000
10,000galCity of Yuba City 0
245,000galEl Dorado Irrigation District 45,000
45,000galNevada Irrigation District 0
200,000galSacramento County Water Agency 0
930,400 374,000
Contract with Hasa, Inc. for Sodium Hypochlorite

Page 93 of 94 ends

EXHIBIT 4
830
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
15,000galCity of Morgan Hill 0
35,000galCity of Santa Clara 0
0galCity of Sunnyvale 220,000
0galCity of Watsonville 60,000
0galSan Jose ‐ Santa Clara Regional Wastewater Facility 1,040,000 50,000 1,320,000
Tri Valley
0galCity of Livermore 260,000
5,500galDublin San Ramon Services District 345,000
365,000galZone 7 Water Agency 0
370,500 605,000
Sodium Hypochlorite 5.25%  (OPTIONAL BID ITEM) 95,000 0gal Sacramento
95,000galNevada Irrigation District 0
95,000 0
Sodium Hypochlorite 12.5%  In 275‐gal totes (OPTIONAL BID ITEM) 2,200 0gal North Bay
2,200galContra Costa Water District 0
2,200 0
Sodium Hypochlorite 12.5%  In Drums (OPTIONAL BID ITEM) 3,960 0gal North Bay
3,960galDiablo Water District 0
3,960 0
Contract with Hasa, Inc. for Sodium Hypochlorite

Page 94 of 94 ends

EXHIBIT 4
831
EXHIBIT 5
832
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives.

The objective of this project is for the supply and delivery of Citric Acid as outlined in the bid specifications incorporated herein by reference from Exhibit H. 2 . Project Scope.

The Contra
ctor shall prov ide the goods and insuranc e as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices.

Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Univar Solutions USA, Inc.

City: City of Stockton
Attn: Jennifer Perras Attn: City Manager
8201 S 212th Street 425 N. El Dorado Street
Brea, CA 92821 Stockton, CA 95202

4. Option to Renew.

The term of the Agreement may be extended on a yearly-to-year basis by a written amendment executed by both parties. Howe ver, the total term of the Agreement including the extended term shall not exceed four (4) years. The price for any succeeding period of service shall be agreed upon by both parties.

Contract with Univar Solutions USA for Citric Acid

Page 2 of 69 ends

EXHIBIT 5
833
1 (REV 2022-05-17)
Exhibit B:

Insurance Requirements
(Chemical Citric Acid)
Contractor shall procure and maintain for the duration of th e contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage sh ould be maintained for a mini mum of five (5) years after contract completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurren ce” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregat e limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Environmental Impairment/Contrac tors’ Pollution Legal Liability with limits no less than $2,000,000 per occurrence or claim , to include liability for Groundwater contamination, Explosion, Sudden and Accidental and Environmental cleanup, etc.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Contract with Univar Solutions USA for Citric Acid

Page 3 of 69 ends

EXHIBIT 5
834
2 (REV 2022-05-17)
Self-Insured Retentions

Other Insurance Provisions

A. The General Liability, Automobile Liabi lity, Contractors Pollution Liability, and/or Asbestos Pollution policies ar e to contain, or be endorsed to contain, the following provisions:

Contract with Univar Solutions USA for Citric Acid

Page 4 of 69 ends

EXHIBIT 5
835
3 (REV 2022-05-17)

3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

C. If General Liability, Contractors Pollutio n Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be mainta ined and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

4. A copy of the claims re porting requirements must be submitted to the City of Stockton for review.

Contract with Univar Solutions USA for Citric Acid

Page 5 of 69 ends

EXHIBIT 5
836
4 (REV 2022-05-17)
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.

Verification of Coverage

Contract with Univar Solutions USA for Citric Acid

Page 6 of 69 ends

EXHIBIT 5
837
5 (REV 2022-05-17)
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

Contract with Univar Solutions USA for Citric Acid

Page 7 of 69 ends

EXHIBIT 5
838
1 (Rev. 10.30.18; Mod 07.12.22 SG)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

3 Compensation. City shall pay Contractor for se rvices rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

5 Ownership of Work. All reports, work product, all other documents completed or partially completed by Contra ctor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to eviden ce such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall repl ace them at its own expense. Contractor and its approved subcontractors shall keep materials confidenti al. Materials shall not be used for purposes Contract with Univar Solutions USA for Citric Acid

Page 8 of 69 ends

EXHIBIT 5
839
2 (Rev. 10.30.18; Mod 07.12.22 SG)
other than performance of se rvices under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8 Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9 Contractor’s Status.

Contractor has control over the manner and means of performi ng the services under this Agreement. If necessary, Contractor has the re sponsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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

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10 Subcontractor.

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

11 Termination.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may ar ise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its so le discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pur suant to applicable provisions of the Agreement; or (b) offer to am end the Agreement to reflec t the reduced funding for this Agreement.

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12 Non-Assignability. The Contractor shall not assi gn, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and c onditions as City may set forth in writing.

Contractor shall be solely responsible for reimbursing subcontractors.

15 Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

17 Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Cont ractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreem ent. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and pe rmits shall be maintained in full force and effect during the term of this Agreement.

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19 Confidentiality. Contractor shall exercise reas onable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20 Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial inte rest with any official, employee or other representative of the City. Contractor and its pr incipals do not have any financial interest in real property, sources of income or investm ent that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

23 No Personal Liability. No official or employee of Cit y shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

24 Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, st ate or city statue, ordinanc e or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the ext ent that the provisions of this Agreement are severable.

25 Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, ph ysical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Cont ractor and its officers, employees, agents, representative or subcontractor s shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrim ination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 require s that “no person in the United Contract with Univar Solutions USA for Citric Acid

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States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

27 Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28 Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

29 Advice of Attorney. Each party warrants and repres ents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30 Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31 Entire Agreement, Integr ation, and Modification.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

33 Authority. The individual(s) executing this Ag reement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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EXHIBIT D

GOODS AND SERVICES SPECIAL TERMS AND CONDITIONS
1 Definition
s. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fu lly and to the standard of per formance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A
deliverable is any tangible materi al, work or thing
deliv
ered by one party to the other, includi ng associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2 General. The following terms and conditions are applicable for the purchase of goods and services only. The special condit ions shall be read in conjunction with the Standard Agreement, General Terms and Conditi ons (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special C onditions of the Agreement, t hen unless a different intention stated, the provision(s)
of the Special Conditions of t he Agreement shall be deemed to override the provision(s) of GTC only to the ext ent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that proj ect but shall not weaken the character or intent of the GTC.
3 Time for Performance.

3.1 Contractor shall perform the servic es according to the schedule contained in Exhibit F.

3.2 Timeliness of Perform ance i) Contractor shall provide the Services, and Deliverables within the term and within t he time limits required under this A greement,
pursuant to the provisions of Exhibit A and Exhibit F. ii) Neit her Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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4 Standard of Performance

In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that requi re the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Cont ractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a time ly manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contract or of its responsibility for the professional skill and care and technical accuracy of its Serv ices and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5 Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

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6 Reports and Information

7 Findings Confidential

8 Right of Inspection

9 Warranty

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10 Ownership

Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acc eptance, Deliverable deliver ed by Contractor shall become the exclusive property of City. T he ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies , models, samples, materials, drawings, specifications, technical material, adverti sing material and any other personal property furnished by City to Contractor, or specifical ly paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11 Applicable Laws

Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

12 Prevailing Wage

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No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Departm ent of Industrial Re lations- Contractor Registration information and web lin k: https://www.dir.ca.gov/public- works/publicworks.html. In compliance wit h Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registrati on Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

13 Shipping Terms

City reserves the right to refu se, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14 Deliveries

15 Price and Quantities

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EXHIBIT E

COMPENSATION SCHEDULE

The Contractor shall be compensated for t he services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1 Project Price.

1.1 The maximum the Contractor shall be paid on this Agreement is $227,000 (hereafter the “not to exc eed” amount). The “not to e xceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Pe rformance identified in Exhi bit D section 4 or other requirements of this Agreement.

Thereafter, Contractor must complete se rvices based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.

Item Description Item Price
1 Citric Acid $15.00

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
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EXHIBIT F

Timeline

1. Contractor shall complete the requested se rvices identified in Exhibit A as follows:

Contractor shall confirm all orders receiv ed by email or phone withi n twenty-four (24) hours of the request.

Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.

Contractor shall notify the Cit y in advance of holiday closures that may affect order delivery.

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EXHIBIT G

DISCRIMINATION AND HARASSMENT POLICY (HR-15)

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BAY

AREA CHEMICAL CONSORTIUM

REQUEST FOR
BIDS
BID NO. 05-2023

FOR SUP

PLY AND DELIVERY OF CITRIC ACID

BID DUE DA
TE: 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
1 EXHIBIT H

BID DOCUMENTS
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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 p latform 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 PROVIS IONS

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. Preli
minary 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:

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rmation 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:

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

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 co nditions 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 deliv ery. 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 agen
cies 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 i n 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 Bid
der Qualifications
A qualified bidder is on e 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 Aut
horized 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 a gency 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 Contract with Univar Solutions USA for Citric Acid

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referen
ces 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. B idders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/bacc/ (Line Item section) . Bidd ers 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 al l 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 an d 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.

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repre
sentative. 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 specification s will hold the bidder strictly accountable to the specifi cations 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.

2.15 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 fo
r 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 compli ance with the bid requirements.

BACC has the right to delete terms or options from the bid contract documents and reserves the right to 9 Contract with Univar Solutions USA for Citric Acid

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reje
ct 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 b id proposal from an individual, a firm or partnership, a corporation or an association under the same o r 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.

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 bidder s 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.

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2.21 Man
ufacturer’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 ord ers. 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 a gency, the successful bidder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC a gency’s site before commencing deliveries to the respective BACC a gency. 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 a gencies 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 a gency, the successful bidder and/or the 11 Contract with Univar Solutions USA for Citric Acid

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firm p
roviding transportation of the chemical may be a sked 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 o r leakage clean -up. It must be the successful bidder’s responsibility to effect immediate containment, clean-up, disposal, and restoration activities in accor dance 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 a gency 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 a gency 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 .

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 contrac ted 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.

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BACC agenc
ies 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 che mical 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 a gency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC a gency 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 termin ation. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC a gency, 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 the m 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
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Payme
nts for all chemicals will be made individually by each participating BACC agency thirty (30) day s 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 t o 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’ Co mpensation, 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 m anager(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 Contract with Univar Solutions USA for Citric Acid

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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.

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, 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 com pany 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 Indem
nification
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 a gency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description br ought 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.

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 ou tcome 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 Contract with Univar Solutions USA for Citric Acid

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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 b id 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 Modi
fication 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 a gency 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 i
nformation included in any bid propo sal 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 Pate
nt Guarantee
The bidder must, with respect to any b idder’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 c hemical 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 t anks 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 a gency 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.

4.10 Good Faith Bidding and Contracting
The participating BACC a gencies 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 b idder. 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 ag
ency 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 th e 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. Ter mination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.15 Competitiveness and Integrity
The participating BACC agenci
es 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 S

ECTION-
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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 15,000 4,000gal
Central Valley
0galCity of Modesto 4,000
14,000galCity of Stockton 0
14,000 4,000
Sacramento
1,000galCity of Yuba City 0
1,000 0
Citric Acid dry material 0 8,200lb
North Bay
0lbIronhouse Sanitary District 4,000
04 , 0 0 0
Tri Valley
0lbDublin San Ramon Services District 4,200
04 , 2 0 0
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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

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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
[email protected] (209) 342‐4502Ben Koehler    Water Quality Control Supt./CPO CITY OF STOCKTON
Municipal Utilities Department  2500 Navy Drive   Stockton, CA  95206 [email protected] 209 ‐937‐8232Kathryn Garcia    Program Manager III ‐ Wastewater North Bay
IRONHOUSE SANITARY DISTRICT
450 Walnut Meadows Drive   Oakley, CA  94561
[email protected] 925 ‐809‐3033Thomas Hejza    Plant Supervisor [email protected] 925 ‐809‐3033Chris Christean    Plant Manager [email protected] Paz
Sacramento
CITY OF YUBA CITY
Public Works Department  701 Northgate Drive   Yuba City, CA  95991 [email protected] 530 ‐822‐4645Kevin Rivera    Accountant 1 [email protected] 530‐822‐4636
x3401
Lance Andes    Water Treatment Chief Plant Operator
[email protected] 530‐822‐4659Amarjit Kaur    Administrative Analyst II (Finance Dept) [email protected] 530‐822‐3264
x 3303
David Newgard    Wastewater Treatment Facility Chief Plant Operator
[email protected] 530‐822‐3264
x3301
Scarlett Harris    Administrative Anal yst 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 Contract with Univar Solutions USA for Citric Acid

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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 [email protected] 925‐875‐2393Erin Steffen Management Analyst II [email protected] 925‐875‐2300Virgil Sevilla WWTP Operations Superintendent [email protected] 925 404‐4524Dan Pettinichio Senior Water/Wastewater Systems Operator (Potable Water Distribution)
[email protected] 925‐875‐2324Diane Griffin Operations Compliance Manager [email protected] 925‐875‐2367Clint Byrum Water/Wastewater Systems Superintendent [email protected] 925‐875‐2345Jeff Carson Operations Manager 29 Contract with Univar Solutions USA for Citric Acid

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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 AR

EA 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.

WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

Descr
ibe 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.

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STAN
DARD AGREEMENT, PAGE 2 OF 2