EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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 Sodium Bisulfite as outlined in the bid spec
ifications incorporated herein by reference from Exhibit H.
2. Project Scope.
The Contr
actor 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: Thatcher Company of
California, Inc.
City: City of Stockton
Attn: Michael T. Mitchell Attn: City Manager
P.O. Box 27407 425 N. El Dorado Street
Salt Lake City, UT 84127-0407 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
1 (REV 2022-05-17)
Exhibit B:
Insurance Requirements
(Chemical Sodium Bisulfite)
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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
1 (Rev. 10.30.18; Mod 05.08.23 RM)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said serv ices 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 workmanlik e manner with due diligence in accordance with the degree of skill normally exercised by similar contractors s upplying 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 subcontract ors, 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 evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
2 (Rev. 10.30.18; Mod 05.08.23 RM)
this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall r eplace them at its own expense. Contractor and its approved subcontractors shall keep materials confidenti al. Materials shall not be used for purposes other than performance of serv ices 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 this 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 fort h in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All per sons 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 expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or pow er vested in the City. No agent, officer or employee of the City is to be considered an employee of t he 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 dete rmine 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 t he requirements and results specif ied 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 fulfillm ent of this Agreement.
Contractor has control over the manner and m eans of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
3 (Rev. 10.30.18; Mod 05.08.23 RM)
9.3 If in the performance of this Agreem ent 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.
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 per sons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any thir d persons are employed by Contractor, such persons shall be enti rely and exclusively under the direction, supervision and control of Contractor. A ll terms of employment including hours, wages working conditions, discipline, hiri ng, and discharging 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. The City may terminate this Agreement at any time by mailing a notic e in writing to Contractor. The Agreement shall then be deemed terminated, and no further work sha ll be performed by Contractor. If the Agreement is so terminated, the Contractor shall 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
4 (Rev. 10.30.18; Mod 05.08.23 RM)
11.3 Funding- Non-Appropriation. It is mu tually 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 sole discretion, shall have the opt ion to either (a) cause this Agreement to be canceled or terminated pur suant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
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 pe rmitted by law, Contractor shall hold harmless, defend and indemnify Cit y 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 Contract or’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
5 (Rev. 10.30.18; Mod 05.08.23 RM)
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 Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like r equired 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.
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 complete 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 include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
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 intere st 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 invest ment 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 same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, 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 Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Feder al District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability . No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
6 (Rev. 10.30.18; Mod 05.08.23 RM)
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, or dinance 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 sex ual orientation, fam ily and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applic able 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 Ri ghts Act of 1964 (P.L. 88-35 2), 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 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 military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shor tage of power or other 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
7 (Rev. 10.30.18; Mod 05.08.23 RM)
29. Advice of Attorney. Each party warrants and represent s that in executing this Agreement, it has received independent legal advice fr om 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, Integration, 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 ar e 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
1 (Rev. 4.18.22)
EXHIBIT D
GOODS AND SERVICES 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 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 delivered 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 t he Special Conditions of the 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 Agreement, 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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 re spect 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 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:
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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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.
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Contract with Thatcher Company of California for Sodium Bisulfite
4 (Rev. 4.18.22)
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.
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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Contract with Thatcher Company of California for Sodium Bisulfite
5 (Rev. 4.18.22)
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 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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Contract with Thatcher Company of California for Sodium Bisulfite
1 (Rev. 10.30.18)
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 $699,000 (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 Bisulfite (40%) $2.800/ gallon
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
Email: [email protected]
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Contract with Thatcher Company of California for Sodium Bisulfite
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 resch eduled 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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Contract with Thatcher Company of California for Sodium Bisulfite
EXHIBIT G
DISCRIMINATION AND HARASSMENT POLICY (HR-15)
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
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Contract with Thatcher Company of California for Sodium Bisulfite
BAY
AREA CHEMICAL CONSORTIUM
REQUEST FOR B
IDS
BID NO. 11-2024
FOR SUPP
LY AND DELIVERY OF SODIUM BISULFITE
BID DUE DATE:
4:00 P.M. PT, Thursday, February 22, 2024
BID OPENING DATE: 4:00 P.M. PT, Thursday, February 22, 2024 Coordinating Agency:
Bay Area Clean Water Agencies
EXHIBIT H
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Contract with Thatcher Company of California for Sodium Bisulfite
TABLE OF CONTENTS
Page No.
Notice Inviting Sealed Bids 3
Section I – General
1. General Provisions 5
2. Instructions to Bidders 5
3. Special Instructions to Bidders 11
4. Terms and Conditions 16
Section II – Technical Specifications
1. Product Technical Specifications 21
Section III – Participating Agencies
1. Estimated Annual Quantities 24
2. Delivery Details 27
3. Contact List 31
Section IV – Bid Contract Documents
1. Standard Agreement 37
2. Non-Collusion Affidavit 39
3. Bid Form and Worksheet 40
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Contract with Thatcher Company of California for Sodium Bisulfite
NOTICE INVITING SEALED BIDS
FOR SUPPLY AND DELIVERY OF SODIUM BISULFITE
BAY AREA CHEMICAL CONSORTIUM (BACC)
BID NO. 11-2024
The Bay Area Chemical Consortium (BACC), a cooperative group of public agencies, is seeking competitive sealed bids for the supply and delivery of SODIUM BISULFITE . All sealed bids to be considered for this solicitation must be received via our electronic bid platform https://bacwa.org/bacc/ by 4:00 P.M. PT, Thursday, February 22 , 202 4. 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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Contract with Thatcher Company of California for Sodium Bisulfite
SECTION I
BAY AREA CHEMICAL CONSORTIUM
GENERAL
FOR BID NO. 11-2024
SODIUM BISULFITE
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Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
REQUEST FOR BIDS
FOR SUPPLY AND DELIVERY OF SODIUM BISULFITE
BID NO. 11-2024
Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/about- bacc/ no later than 4:00 P. M. PT, Thursday February 22, 2024.
1. GENERAL PROVISIONS
The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies each individually established under the laws of the State of California. For this particular bid solicitation, the participating member agencies include those listed in Section III-1, Estimated Annual Quantities . These participating BACC agencies, acting collectively through their authorized agents , are seeking competitive sealed bid s for the supply and delivery of Sodium Bisulfite.
Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/about- bacc/ no later than 4:00 P.M. PT, Th ursday February 22, 2024. Bids received after said date and time will not be considered under any circumstances.
BACC an
d 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/about-bacc/ Q&A forum. Preliminary bid results will be av ailable 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/about-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 EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
o
f 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/about-bacc/ (Line Items s ection).
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/about-bacc/ including all costs associated with providing and delivering the chemical to the agency’s facility, including materials, labor, equipment, transportation, insurance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.
BACC age
ncies 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 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.
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Contract with Thatcher Company of California for Sodium Bisulfite
Bid prices must be based on bulk deliveries amount as specified via the electronic bid platform https://bacwa.org/about-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 f or “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 o
ptional item will be shown as a separate line item in the electronic bid platform https://bacwa.org/about-bacc/ and bidders may, at their option, submit unit prices for the optional item.
Bids that do not include unit prices for optional item will not be considered irregular and therefore such bids will not be rejected for that reason.
If participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes , it w
ill be shown as a separate line item in the electronic bid platform https://bacwa.org/about -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/about-ba
cc/ will not include spaces to enter bid prices for such non -bulk de liveries in containers such as buckets, barrels, or totes, however, i f a participating BACC agency later decides that they need deliveries in containers, bidders may, at their option, negotiate with the BACC agency to determine a price for deliveries in containers such as buckets, barrels, or totes.
2.5 Bidder Qualifications
A
qualified bidder is one determined by BACC and the participating BACC agencies to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material respects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requirements, and who has the integrity and reliability that will assure good faith and specific per formance. 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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Contract with Thatcher Company of California for Sodium Bisulfite
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/about-bacc/ by no later than 4 :00 P.M. PT , Thursday, February 22, 2024. Electronic bids shall contain all required attachments and information . Bidders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/about -ba cc/ (Line Item section) . Bi dders are cautioned that failure to comply may result in non -acceptance of the bid. Bids received after said date and time will not be considered under any circumstances. BACC will not be responsible for any delays or transmission errors. Bidder accepts all risks of late delivery of electronic bids. It is the bidder’s responsibility to ensure that bid submitted is received by the electronic bid platform https://bacwa.org/about-ba cc/ 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/about-ba
cc/ to make sure that their electronic submittal has gone through.
2.9 M
odification, 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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Contract with Thatcher Company of California for Sodium Bisulfite
2.10 Modification of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.
Modifications of any bid prices, terms and conditions must be electronically submitted via the electronic bid platform prior to the time of the bid opening. It shall be the responsibility of the respective bidder to determine if their written modification was received in time by electronic bid platform. BACC reserves the right to accept or reject any proposed modifications of the bid terms and conditions.
2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the stated bid opening date and time (closing time) only via the electronic bid platform. The withdrawal request must be executed by the bidder or a duly authorized representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.
2.12 P
roposed 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 document. Each BACC agency will be responsible for individually accepting or rejecting any proposed deviations from the described specifications.
2.13 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and maintain current any and all necessary licenses or certificates.
2.14 Rejection of Bids
The BACC and/or its individual agencies reserves the right to reject any and all bids and reserves the right to waive a bid deficiency or reject a bid for any reason , including but not limited to the following:
informalities, nonconforming, non-responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way. Bidders that plan to utilize a third-party hauling company that refused to deliver to one or more of the participating 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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Contract with Thatcher Company of California for Sodium Bisulfite
2.1 6 Method of Award
Bids may be awarded to the lowest responsive and responsible bidder meeting the specifications for bulk loads
for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements.
BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities in said bids. The following is a non-exhaustive list of criteria that BACC may, in its sole discretion, consider in award of the bid:
a. Unit cost of the chemical
b. P
roduct specifications
c. Warranties or standards of quality
d. Capabilities to deliver product throughout the contract term e. Bidder’s reputation, competency, and previous customer service record f. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
g. Fully executed non-collusion affidavit
2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non -Collusion A ffidavit 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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Contract with Thatcher Company of California for Sodium Bisulfite
2.1 9 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 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.
2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer , signed by an authorized representative on letterhead stationery, attesting to the affidavit’s validity. In lieu of submitting an affidavit of compliance and a letter attesting to the affidavit’s validity, a current printout from the ANSI accredited product cer tification 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 EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
agen
cy. Furnished equipment, materials , and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. The BACC agencies reserve the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of the chemical at the successful bidder’s sole expense. If requested by a participating BACC a gency, the successful b idder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC agency’s site before commencing deliveries to the respective BACC 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 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 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 .
Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by the participating BACC agency. All chemicals must be delivered in accordance with Department of Transportation regulations.
3.4 Chemical Orders
All orders placed throughout the contract period, as defined in paragraph 4.11 Term of Contract, will be initiated separately by each participating BACC agency, and each BACC agency will be responsible for the coordination of all aspects of those orders with the successful bidder . Inquiries in reference to individual orders during the contract period must be directed to the appropriate BACC agency.
3.5 Purchase Orders / Contracts
Individual purchase orders, purchase agreements, and / or contracts will be issued to the successful bidder by each participating BACC agency, and all chemical sales must be invoiced separately to the respective BACC agency. Each BACC agency may require additional contract requirements specific to the agency which are not included in this bid document and bidders need to contact the agencies for specific details EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
a
nd perform due diligence prior to submitting a bid. The contracted unit cost of the chemical is the awarded bid price. The successful bidder may seek a price increase for any nontrivial change requested by the participating BACC agency in the terms and conditions of the participating BACC agency’s purchase order, purchase agreements, and / or contracts. The successful bidder may not change the price throughout the term of the contract unless by mutual written agreement between BACC agency and successful bidder per Section 4.4 Modification of Contract.
3.6 Taxes
Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a consumable water product. The participating BACC agencies that provide potable and/or recycled water to customers will be responsible for providing the successful bidder with these certificates or letter documenting their determination if the 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 unles s 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 a gency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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.
3.9 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.
3.14 Insurance
For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
agen
cy’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 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.
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 EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
i
nsurance must be endorsed to provide the required insurance and must not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to each participating BACC agency. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company must mail thirty calendar (30) written notice to the Certificate holder named to the left.”
4. TERMS AND CONDITIONS
4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC a gency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this bid document , except those matters arising from the participating BACC agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.
This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of any BACC agency, its officials, officers, employees, agents, and volunteers for all legal expenses and costs incurred by each of them.
The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of 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.
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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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 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 a
gree 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 M
odification 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
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 wh en the sense so indicates, words of the neuter gender may refer to any gender.
4.6 Proprietary Information
All information included in any bid pro posal 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 Pa
tent 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 chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be rejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to the participating BACC agency.
If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem by the participating 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, 2024, and expiring June 30, 2025, 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
4.1 0 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
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 agen
cies 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 thi s 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 SECTION-
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
SECTION II
BAY AREA CHEMICAL CONSORTIUM
PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 11-2024
SODIUM BISULFITE
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
PRODUCT TECHNICAL SPECIFICATIONS
SODIUM BISULFITE - 25%
1. General
Chemical Name: Sodium Bisulfite Solution
Chemical Formula: NaHS0₃
Concentration: 25% nominal
Specific Gravity: 1.23
Unit Weight: 10.3 pounds per gallon
2. General Impurities
The sodium bisulfite supplied under this specification shall contain no soluble mater or organic substances in quantities capable of producing deleterious or injurious effects on Water Reclamation Facility discharge that has been treated properly with the sodium bisulfite. The sodium bisulfite shall not contain any foreign matter that may damage the Agency’s equipment of facility.
3. Characteristics
Sodium Bisulfite CAS Number 7631-90-5 between 23.6% and 27.7% solution strength as Sodium Bisulfite by weight shall be commercial grade, completely soluble in water and shall be suitable for use as a dechlorination reagent in wastewater treatment.
4. Chemical and Physical Nature
SPECIFICATION TYPICAL MINIMUM MAXIMUM
NaHS0₃ 25% 23.6% 27.7%
SO2 Equivalent -- 15.4% 16.6%
Na₂SO₃ -- 1.7% 2.5%
Na₂SO₄ -- 2.5% 3.8%
Fe 4 to 5 ppm -- --
pH 5.0 3.5 5.5
Specific Gravity 1.23 1.1 1.4
Color: Clear, Yellow Liquid
Appearance: SO₂ Smell, Sediment Free
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
PRODUCT TECHNICAL SPECIFICATIONS
SODIUM BISULFITE - 40%
1. General
Chemical Name: Sodium Bisulfite Solution
Chemical Formula: NaHS0₃
Concentration: 40% nominal
Specific Gravity: 1.33
Unit Weight: 11.08 pounds per gallon @ 25⁰C
2. General Impurities
The sodium bisulfite supplied under this specification shall contain no soluble mater or organic substances in quantities capable of producing deleterious or injurious effects on Water Reclamation Facility discharge that has been treated properly with the sodium bisulfite. The sodium bisulfite shall not contain any foreign matter that may damage the Agency’s equipment of facility.
3. Characteristics
The sodium bisulfite shall contain 38% to 40% sodium bisulfite by weight and shall be commercial grade, completely soluble in water.
4. Chemical and Physical Nature
SPECIFICATION TYPICAL LIMIT
NaHS0₃ (g/100 g) 39.0 38.0 -40.0
SO₂ (g/100g) 24.0 Min. 23.1
Na₂SO₃ (g/100g) Max. 0.7
Na₂SO₄ Max. 1.5
Fe (ppm) Max. 3
pH 3.5 4.5
Specific Gravity 1.33
Color: Clear, Yellow Liquid
Appearance: SO₂ Smell, Sediment Free
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
SECTION III – 1
BAY AREA CHEMICAL CONSORTIUM
ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 11-2024
SODIUM BISULFITE
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:
Water Wastewater
BID NO. 11‐2024
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2024/2025
Sodium Bisulfite 25% Solution 3,500 1,927,000gal
Central Valley
0galCity of Turlock 130,000
0 130,000
East Bay
0galEast Bay Dischargers Authority 30,000
0galOro Loma Sanitary District 1,800
0galUnion Sanitary District 10,000
0 41,800
Marin Sonoma
0galCentral Marin Sanitation Agency 120,000
0galLas Gallinas Valley Sanitary District 56,000
0galNapa Sanitation District 70,000
0galSanitary District No. 5 of Marin County 80,000
0galSausalito Marin City Sanitary District 54,000
0 380,000
North Bay
0galCity of Brentwood 70,000
0galCity of Pinole (Pinole/Hercules WPCP) 90,000
0galDelta Diablo Sanitation District 185,000
0galRodeo Sanitary District 30,000
0 375,000
Peninsula
0galCity of South San Francisco 165,000
0galCity of Daly City/North San Mateo County Sanitation 80,000 0galCity of San Mateo 180,000
0galSewer Authority Mid‐Coastside 36,000
0 461,000
Sacramento
0galCity of Sacramento 19,200
0 19,200
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:
Water Wastewater
BID NO. 11‐2024
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2024/2025
South Bay
3,500galCity of Santa Clara 0
0galCity of Sunnyvale 120,000
0galSan Jose ‐ Santa Clara Regional Wastewater Facility 400,000 3,500 520,000
Sodium Bisulfite 40% Solution 9,500 264,000gal
Central Valley
9,500galCity of Stockton 220,000
9,500 220,000
East Bay
0galCity of San Leandro 4,000
04 , 0 0 0
Sacramento
0galCity of Yuba City 40,000
0 40,000
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
SECTION III – 2
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
FOR BID NO. 11-2024
SODIUM BISULFITE
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 11‐2024
SODIUM BISULFITE
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 Stockton
Delta Water Supply Plant 11373 N. Lower
Sacramento Road
Lodi 1x per month 230 gal
Stockton Regional Wastewater
Control Facility (Tertiary Plant)
3307 W. Highway 4
(John Turk Road)
Stockton 2 ‐4x per month 4,000 gallons
City of Turlock
Turlock Regional Water Quality
Control Facility
901 S. Walnut Rd Turlock 2 ‐3x per month 5,000 gallons EAST BAY
City of San Leandro
City of San Leandro Water
Pollution Control Plant
3000 Davist St San Leandro 1x per month, starting in
2024
800‐1000 gallons
East Bay Dischargers Authority
14150 Monarch Bay
Drive
San Leandro 1x every 2 month 5,000 gallons
Remote Site No. 1 3000 Davis Street San Leandro 1x per year 250 gallons Remote Site No. 2 2600 Grant Avenue San Lorenzo 1x per year 1,000 gallons Oro Loma Sanitary District
Oro Loma Sanitary District 2600 Grant Ave San Lorenzo Annual 1800 gallons Union Sanitary District
Union Sanitary District 5072 Benson Road Union City 1‐2x a year 5,000 gallons MARIN SONOMA NAPA
Central Marin Sanitation Agency
Central Marin Sanitation Agency 1301 Andersen Drive San Rafael 1x every 2 weeks; 3‐4x per week in wet weather
5,000 gallons
Las Gallinas Valley Sanitary District
Las Gallinas Valley Sanitary District
Wastewater Treatment Plant
300 Smith Ranch
Road
San Rafael 2x per month Nov‐May 3500 gallons
Napa Sanitation District
Napa Sanitation District 1515 Soscol Ferry
Road
Napa 1x per week from
November to April
5,000 gallons
Sanitary District No. 5 of Marin County
2001 Paradise Drive Tiburon 1x per month 4,500 gallons EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 11‐2024
SODIUM BISULFITE
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 Sausalito Marin City Sanitary District
Treatment Plant / District Office 1 East Road Sausalito 1x per month 4,500 gallons, Tanker truck, Receiving hours
6am‐1pm M‐F
NORTH BAY
City of Brentwood
Brentwood Wastewater
Treatment Plant
2251 Elkins Way Brentwood, CA 2x per month 2,100 gallons City of Pinole (Pinole/Hercules WPCP)
City of Pinole 11 Tennent Avenue Pinole Every 2 weeks 4000 gallons Delta Diablo Sanitation District
Delta Diablo 2500 Pittsburg‐
Antioch Hwy
Antioch 1 per week 4,500 gallons
Rodeo Sanitary District
Rodeo Sanitary District 800 San Pablo
Avenue
Rodeo 1x month occasionally 2x a
month depending on
rain/flows, and/or projects
2,150 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 Daly City/North San Mateo County Sanitation District Daly City
Wastewater Plant
153 Lake Merced
Blvd
Daly City Every 3 weeks 4,000 gal
City of San Mateo
City of San Mateo WQCP 2050 Detroit Drive San Mateo, CA every 10 days Full load Sewer Authority Mid‐Coastside
1000 N. Cabrillo Hwy Half Moon Bay Monthly 3,000 gallons / month
SACRAMENTO
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
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
DELIVERY DETAILS
BID NO. 11‐2024
SODIUM BISULFITE
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 Yuba City
Wastewater Treatment Plant 302 Burns Drive Yuba City Every 3 weeks when needed 5,000 gallons SOUTH BAY
City of Santa Clara
DVR Power Plant 850 Duane Ave Santa Clara, CA
95054
Every 1‐2 months 250‐450 gallons
City of Sunnyvale
City of Sunnyvale Wastewater
Treatment Plant
1444 Borregas
Avenue
Sunnyvale 3x per month 3,000 ‐ 4,000 gallons
San Jose ‐ Santa Clara Regional Wastewater Facility
San Jose Regional Wastewater
Facility
700 Los Esteros Rd San Jose 3 loads every 2 weeks 5,000 gallons (full tanker)
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
SECTION III – 3
BAY AREA CHEMICAL CONSORTIUM
PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 11-2024
SODIUM BISULFITE
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2024
SODIUM BISULFITE
PARTICIPATING MEMBER AGENCY CONTACT LIST
Central Valley
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
156 S Broadway, #270 Turlock, CA 95380
[email protected] Huff
[email protected] Guerrero Utilities Manager [email protected] Mann
[email protected] Brasil
East Bay
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 [email protected] 510‐577‐3337Ramya Sankar Management Analyst EAST BAY DISCHARGERS AUTHORITY
2651 Grant Ave San Lorenzo, CA 94580
[email protected] Zipkin General Manager
[email protected] 510 ‐278‐5910Howard Cin Operations and Maintenance 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 EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2024
SODIUM BISULFITE
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
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 NAPA SANITATION DISTRICT
1515 Soscol Ferry Road Napa, CA 94558
[email protected] 707 ‐ 312‐1899Christopher Mosier Operator III [email protected] 707‐312‐1595Cristopher Henriquez Operator II [email protected] 707‐312‐1733Gabe Snook Operations Supervisor [email protected] 707‐258‐6000Timothy Healy General Manager/District Engineer 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
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2024
SODIUM BISULFITE
PARTICIPATING MEMBER AGENCY CONTACT LIST
North Bay
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 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 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 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
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 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
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2024
SODIUM BISULFITE
PARTICIPATING MEMBER AGENCY CONTACT LIST
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
CITY OF SACRAMENTO
Department of Utilities 5730 24th Street, Bldg 22 Sacramento, CA 95822 [email protected] 916 ‐808‐5652David Herrmann Division Manager, Water Division [email protected] 916 ‐808‐6008Dalton Le Administrative Analyst [email protected] 916 ‐808‐6339Andrew Costan Program Specialist 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 An alyst 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 EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2024
SODIUM BISULFITE
PARTICIPATING MEMBER AGENCY CONTACT LIST
South Bay
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 [email protected] Castro
[email protected] Pinheiro
[email protected] Hilbrants
[email protected] Dougherty
[email protected] 408‐615‐6577Michael Lee O&M Manager 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
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
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
SECTION IV
BAY AREA CHEMICAL CONSORTIUM
BID CONTRACT DOCUMENTS
FOR BID NO. 11-2024
SODIUM BISULFITE
*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
B
AY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 11-2024
SUPPLY AND DELIVERY OF SODIUM BISULFITE
I hereby agree to furnish SODIUM BISULFITE 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.
Des
cribe 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
S
TANDARD 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 Co
ntact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________
11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
N
on-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
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
B
AY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 11-2024
FOR SUPPLY AND DELIVERY OF SODIUM BISULFITE
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/about-bacc/
No later than 4:00 PM. PT
Thursday, February 22, 2024
Legal Name of Bidder:
_____________________________________
Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________
Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________
I. All costs except California State sales tax for the purchase of SODIUM BISULFITE 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, a ttached 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.
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
Refer to paragraph 2.4 Bid Pricing for full details.
BID NO. 11‐2024
SODIUM BISULFITE
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 Bisulfite 25% Solution
Central Valley gal $
City of Turlock
East Bay gal $
East Bay Dischargers Authority
Oro Loma Sanitary District
Union Sanitary District
Marin Sonoma Napa gal $
Central Marin Sanitation Agency
Las Gallinas Valley Sanitary District
Napa Sanitation District
Sanitary District No. 5 of Marin County
Sausalito Marin City Sanitary District
North Bay gal $
City of Brentwood
City of Pinole (Pinole/Hercules WPCP)
Delta Diablo Sanitation District
Rodeo Sanitary District
Peninsula gal $
City of South San Francisco
City of Daly City/North San Mateo County Sanitation District City of San Mateo
Sewer Authority Mid‐Coastside
Sacramento gal $
City of Sacramento
South Bay gal $
City of Santa Clara
City of Sunnyvale
San Jose ‐ Santa Clara Regional Wastewater Facility
DO NOT SUBMIT WORKSHEET
ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite
Refer to paragraph 2.4 Bid Pricing for full details.
BID NO. 11‐2024
SODIUM BISULFITE
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 Bisulfite 40% Solution
Central Valley gal $
City of Stockton
East Bay gal $
City of San Leandro
Sacramento gal $
City of Yuba City
DO NOT SUBMIT WORKSHEET
ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
EXHIBIT 2
Contract with Thatcher Company of California for Sodium Bisulfite